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Home My WebLink About1996-10-16F I N A L ROOM OCTOBER 16, 1996 7:00 P.M. 241, COUNTY OFFICE BUILDING 1 2 3 4 5 6 Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on nexn sheet). Public Hearing on an ordinance ~o amend and reordain Chapter 4, Animals and Eoul, Article II, Dogs, of the Code of Albemarle. This amendment will add a section 4-14, called "Barking Dogs". This section would make, it unlawful and a nuisance for t~e owner or custodian of a dog to harbor or keep any dog within the counEy which by loud, frequent or habitual barking or howling disturbs the peace and quiet, or repose of any person with normal sensitivites, provided, however, this section would not apply 5o any dog located on property zoned Rural Areas or uo,any dog in a comm~ercial kenne~. Approval of MinuTes: January 3, 1996. Other Matters Not Listed on the Agenda from the BOARD. 9. Adjourn. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY A~e~d~ AGENDA TITLE: Barking Do~ Ordinance Discussion SUBJECT/PROPOSAL/REQUEST: Barking Dog Ordinance STAFF CONTACT{S): Messre. Tucker, Huff, Davis AGENDA DATE: August 7, 1996 ACTION: X CONSENT AGENDA: ACTION: INFORMATI~ INFORMATION: ATTACHMENTS: Draft Ordinance; § 5.1.11 of Zoning Ordinance; / Definition of Commercial Ken~ i~--''~-! REVIEWED BY: ~ ~'V ~ / BACKGROUND: Anumber ofcomplaintswere received bythe County related to barking dogs. Staffinvestigated how other jurisdictions have regulated barking dogs and reported its findings to the Board in July. The Board requested that a draft ordinance be prepared for review at the August 7th Board meeting. DISCUSSION: The attached dratt ordinance, prepared for discussion p~rposes, is similar to the Charlottesville ordinance but does not apply to dogs located in areas of the County zoned Rural Areas nor to dogs in commercial kennels. It is staff's opinion that the need for a barking dog ordinance has not been demonstrated in the Rural Areas. If made applicableto the Rural Areas, numerous exceptions and exempfions would need to be considered to avoid potential conflicts with otherwise appropriate rural acSvit[es. In add,don, itis staff's opinion that adequate land use regulations currently are in place to regulate commercial kennels. Commercial kennels ara only allowed by special use permit in the PA, HC and PDMC zoning districts and there are supplementary zoning regulations specifically addressing noise (see § 5.1.11 of the Zoning Ordinance, attached). The draft ordinance requires that the complainant swear out the barking complaint and testify in court. A violation is a class 3 misdemeanor which allows the court to impose a fine up to $500. Three convictions within a 12 month time period requires the court to mandate that the dog be relocated where barldng will not be a problem. The Commonwealth's Attorney advises that his office typically would not actively prosecute such cases but would be available to assist to the extent necessary. RECOMMENDATION: If the Board desires to go forward with the attached draft Ordinance or a modification of the draft, staff recommends that the Board authorize a public hearing for a September meeUog date. 96.151 DRAFT: July 30, 1996 ORDiNANCE NO. AN ORDiNANCE TO AMEND AND REORDAIN CHAPTER FOUR, ANIMALS AND FOWL, ARTICLE II, DOGS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia. that Chapter Four, Animals and Fowl, Article II, Dogs, is hereby amended and reordained by amending section 4-14, Reserved, as follows: Sec. 4-14. Barkin~ Do~s (a) It shall be unlawful and shall be a nuisance for the owner or custodian of a dog to harbor or keep any doe within the county which by loud. freouent or habitual barkin~ or howling disturbs the peace and quiet, comfort, or repose of any person in the county with normal sensitivities; provided, however, this section shall not apply to any doe located on properw zoned Rural Areas District, RA or to any do~ in a c_ommerciat kennel. (bi Any nerson disturbed as prohibited in subsection (a), above, mai enter a complaint by warrant returnable to the general district court, where the complaint shall be heard as all other complaints under criminal warrants are heard. (c) A violation of this section shall constitute a Class 3 misdemeanor. However, upon a third conviction within one (1) year of any offense under this section involvin~ the same doe. in addition to imuosing a fine. the iudte shall order the dog to be removed from any area of the counw covered by this section. If the owner or custodian of the dog fails to comply with such order within two (2) weeks, the court shall order the animal warden to seize the dog and order the do~ to be humanely destroyed or to be placed for adoption in a home outside of the area of the county covered bv this section. 4-14.WPD DEFINITION Kennel. Commercial A place designed or prepared to house, board, breed, handle or otharwise keep or care for dogs and/or cats for sale or in return for compensation except as an accessory to a single-family dwelling. 5.1.11 COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL Except where animals are confined in sonuadproofed, air- conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. For non-soundproofed animal confinements, an external solid fence not less than six (6) feet in height shall be located within fifty (50) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; (Amended 11-15-89) Co For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) In areas where such uses may be in proximity to other uses involving insensive activity such as shopping centers or other urban density locations, special attention is required 5o pronecn the public health and welfare. To these ends the commission and board may require among other things: (Amended 11-15-89) -Separate building entrance and exln to avoid animal conflicts; (Added 11-15-89) -Area for outside exerczse to be exclusive from access by the public by fencing or other means. (Added 11-15-89) 5.1.11 COMMERCIAL KENNEL, VETERINARY, Ai~IMAL HOSPITAL Except where animals are confined in soundproofed, air- conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. For non-soundproofed animal confinements, an external solid fence not less than six [6) feet in height shall be located within fifty (50) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; (Amended 11-15-89) For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may require among other things: (Amended 11-15-89) -Separaue building entrance and exit to avoid animal conflicts; (Added 11-15-8S) -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) DEFINITION Kennel, Commercial A place designed or prepared to house, board, breed, handle or otherwise keep or care for do~s and/or cats for sale or in return for compensation except as an accessory to a single-family dwelling. July 22, 1996 Mr. and Mrs. William Benner 505 Carrsbrook Drive Charlottesville, Va. 22901 COUNTY O~ ALBEMARLE BOARD OF SUPERVISORS Albemarle County Board of Supervisors 401 McIntire Road 4th Floor Charlottesville, Va. 22902 Re: Proposed Dog Ordinance Dear Board Members: My wife and I are responding to the recent issue of the proposed Dog Ordinance for Albemarle County. We want to express our feelings on this subject before Ehe next meeting of the board. The problem started about 10 years ago when two new families moved in behind us. The Johnson family with 3 dogs and the Williams family with 2 dogs. From early morning, through the day and all night the dogs bark. The noise is incredible. We called Dave Bowerman to discuss this problem. Dave suggested thau we talk to our neighbors about the problem since mosu people are kind and considerate. This is also what the police and the Animal Control officer told us on how to approach this situation. Before my wife and I had a chance uo do this, our next door neighbor, after being woke repeatedly during the night, went to talk to the Johnson's about their dogs barking all night. Our neighbor had hardly begun the conversation when Mrs. Johnson lumped him verbally. After our neighbor failed with the "kind and considerate" approach with the Johnson's we called the Williams. I asked Ms. Williams ~o please, please stop her dogs from barking incessantly throughout the day and night. She said that it would not be a problem. The silence lasted about 2 days. After contacting the Animal Control officer again, he went over to talk to her. Same promises, same results. We called Ms. Williams again uo inform her that nothing had changed that the dogs were still barking all day. She got very angry although she said no call if the situation did not improve. Next there was a knock on our door. Her ex-husband confronted us about calling her and told us if we did not like it then move. He also let us know that there was nothing we could do legally. For years we had 5 dogs barking continually just a few feet from our house. We tried doing what Dave Bowerman and the others had suggested. We have not only asked for compassion from our neighbors but have almost begged for it. But, when you are dealing with people who do not care about your feelings you are rendered helpless. I think you know that when you are depending on the decency and compassion of individuals that is not much to count on. We are writing this letter in hopes that you will hear our story and understand that being neighborly is hOE enough. This county and the residents need to have a tougher ordinance so we can enjoy the peace and tranquility that makes Albemarle County such a pleasant place to live. People need to be made responsible for the actions of their pets but without this new ordinance the victims of the noise do not have any rights. Please consider our helpless situation when casting your vote regarding the proposed Dog Ordinance at the next supervisors meeting. Sincerely, Mr. and Mrs. William Benner cc: Dave Bowerman- personal residence County Attorney Mr. Larry Davis, Esq. 401 Mc Intire Road Charlottesville, VA 22902-4596 Dear Mr. Davis: Thank you for meeting with me today to discuss the proposed anti-dog barking ordinance. I am strongly opposed to an ordinance which discourages dog ownership and considers barking a criminal offense. The noise ordinance is effective against owners of barking dogs. An ordinance that singles out pet owners from other noise polluters is discrimin'atory. Construction, trash compactors, are noise polluters. Fox Field's loud speakers can be heard from my house in Earlysville. I consider it a nuisance. Large corporations that can afford better legal representation are going to remain exempt from prosecution, while pet owners will be made to adhere to a higher standard of the law. If the law is fair and objective it will state that noise pollution should be measured in terms of decibels and that a dog barking at 40 decibels is no more of a nuisance, than noise created by a lawn mower registering at 40 decibsls. Decibels are decibels and noise pollution, is noise pollution the county should not single out pet owners. Please contact me at 973-7303, after you have drafted the proposed ordinance and let me know on what date the public will be allowed to voice it's opposition. There are several petitions going around the county and I would like to present these to the Board, before they vote. Thank you. Sincerely, Allison Robertson 405 Hickory Drive Earlysville, VA 22936 973-7303 c.c. Albemarle Board of County Supervisors DteTRIgUT~D TO BOARD at Turtle Creek Condomzniumm HasBrouck Real Estate Corporation, woe~d lika z.ea[~sn~s ~t Turtle Creek, We have besnt~[d that w~thout a~ ~rdinanee, we Thank i..O... '"~ ''~' DmBna Cropp, TCG ............. /¢~'=F{artle Creek Road · Charlottesville, Virgm!a 22001 October ~ ~S~ Sincerely, TOd 100 Turtle Creek Road - Charlottesville. Virginia 2290] ~S041 971-1588 August &~ 199g AS mansgsment for both rental properties and the Someow~srs Association owners fro~ silowin~ pe~s to disturD s~joinin~ properties. Ms haws several buildings at this ti~ with both ~ema~z and ms.owners owners of pets chainin~ their d~s out for hours - day amd ni~ht - to whins it ~s an in~stiae to those who have %0 endure the sons%ant noise - especially Thank You, Deans Crnp~ TCC Iht-Site ~a~ager 100 Turtle Creek Road - Charlottesville, Virginia 22901 ~ ~04) 971-1588 PHONE CALL . TO SEE YO[J I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part of the county's culture and quality of life. Ail dogs bark, and what is Qonsidered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discourages ownership and the ability to protect my property. People moving into the county'smore developed areas should handle their problems with covenants and restrictions within their~own neighborhood comfaunities. The county government should not get involved. 2.) 3.) 4.) N~u~E 6.) 9.) 10. 11. 12. ! I 1. ' 33.) 34. ) 35.) 36. ) 37.) 38. ) 39.) 40. ) 41. ) 42. ) 43.) 44. ) 45.) 46. ) 47. ) 48. ) 49. ) 50. ) 51. ) 52. ) 53. ) 54. ) 55. ) ADDRESS I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part of the county's culture and quality of life. All dogs bark, and what is considered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discourages ownership and the ability to protect my property. People movzng into the county's ~o~e developed areas should handle their problems with covenants and restrictions within their own neighborhood communities. The county government should not get involved. 2. 3.) 4.) 5. 8.) 9.) - N,AME , ADDRESS - ~-Z~Z7 .......... ,_ z_~_~_ _~ ~~,. ~_~_~ ~. ~,.,., /___ _~___2~_2&J~z~ ~ _~r_~M~i~~ ......... 13.) 14. )--~- 15. 16. ). 17.) I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part of the county's culture and quality of life. All dogs bark, and what is considered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discourages ownership and the ability to protect my property. People moving into the county's more developed areas should handle their problems with covenants and restrictions within their own neighborhood communities. The county government should not get involved. ~* N~ME t~ . ~ _ ADDRESS ..... ~ 9.) ........... lo. ). ~.) ....................... 12. )' 13. ) .............................. 14.) 15.) ................. 16.) ...................... 17.) .............................. 2o.) .............................. 21.)- I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part ofthe county's culture and quality of life. Ail dogs bark, and what is considered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discourages ownership and the ability to protect my property. People moving into the county's more developed areas should handle their problems with covenants and restrictions within their own neighborhood communities. The county government should not get involved. NAME ADDRESS ~. ~ -~ ~_L~__~_&: .......... ~.~ .......... I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part of the county's culture and quality of life. Ail dogs bark, and what is considered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discourages ownership and the ability to protect my property. People moving into the county's more developed areas should handle their problems with covenants and restrictions within their own neighborhood communities. The county government should not get involved;' 2.) -. 3.) 4.) 5.) 6.) 8.) 9.) 10. ND_ME ( ADDRESS _J~____~__ ...... ~ ............ 2_ ............ ii :i' ........... ~. ~ ...... , ..... ~ ................................................... I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part of the county's culture and quality of life. Ail dogs bark, and what is considered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discourages ownership and the ability to protect my property. People moving into the county's more developed areas should handle their problems with covenants and restrictions within their own neighborhood communities. The county government should not get involved. NAME 1.) .......... ADDRESS ....... 15. 16. ) --~--~-~-~-~-~-~-~-~-~- ............ 17.) ..................... I am signing this petition to voice my objection to the proposed barking dog ordinance. Dogs and other animals are part of the county's culture'and quality of life. Ail dogs bark, and what is considered nuisance barking is a very subjective matter. As a dog owner the proposed ordinance will take away my freedom of choice, because it discouraqes ownership and the ability to protect my property. People moving into the county's more developed areas should handle their problems with covenants and restrictions within their own neighborhood communities. The county government should not get involved. NAME 3.) 6.) 8.) 9.) 10. 11. 12. 14. 15. PETITION TO: T~E BOARD OF SUPERVISORS PLEASE DO NOT ENACT A DOG ORDIN~-NCE IN THE RURAL i~F2kS OF ALBEMARLE coUNTY. Address PETITION TO: THE BOARD OF SUPERVISORS PLEASE DO NOT ENACT A DOG ORDINANCE IN THE RURAL AREAS OF ~T.mEMARLE COUNTY. //~ Name PETITION TO: THE BOARD OF SUPERVISORS PLEASE DO NOT ENACT A DOG ORDINANCE IN THE RURAL AREAS OF ALBEMARLE COUNTY. Name Address To Whom it ~ay Concern: ...................... ~,,~ I called the dog warden toda~ to register a complaint about a neighbor's barking dog. This noise had been a problem for months and I had called prior to this time when the barking continued for several days. This family not only had an unlisted phone sumber but I had been threatened by them ~n the past and told I would be sorry if I ever called the dog warden about their dog, so I have ceased to try and work it out with this family. They are, however, sble to find my phone number in book end call me and verbally abuse me. After calling the dog warden today he came and saw the dog owner, and then I spoke to him afterward. He explained to me, as he said he had to the dog owner, that he would not respond to au~ calls mede in the future if called because he has no authority to do anything, and that his appearing could be a form of harassment to the owner. He also had made i~ clesr ~o the dog owner that she could take me to court if complained to anyone about her dog. I soon ~ot several calls from the owner saying that the do_c wsrden encouraged her to sue me for making any complaints shout her dog. I felt betrayed by a system that I had felt should give me support! Prior to this I had been pleased when Sharon Tare responded and I felt the dog owners were reminded that they were causing a problem, I in turn Lried to ignore barking dogs unless it wss a chronic problem ~o me and the community. Wha~ a mixed message we, ss citizens of Albemarle CounSy, ere getting. We are encoureged to get involved, work out problems when we can, and ge~ help from the authorities when we need it. It seems I am victimized twice because of the lack of support from the law enforcement in this county. June Russell 94 Oak Forest Circle Charlottesville, Va. (804) 974-6595 Copies of this to Mr. Hutchinson(who responded to the call), Albemarle County Board of Supervisors, Sgt. Richard Martin, Police Chief John ~iller end ~he Commonwealth Attorney. 22901 Sharon Tats, Lee Catlin,