Supervisors back fines on barking

The Albemarle County Board of Supervisors narrowly approved a measure late Wednesday that can fine dog owners up to $500 if their pet’s barking annoys neighbors.

“We need to give recourse to people, particularly in the urban areas, with regards to nuisance dogs,” Supervisor David L. Slutzky said.

The new ordinance makes it unlawful for a dog owner to harbor a dog that disturbs the neighborhood’s peace and quiet through loud barking.

If a dog’s bothersome barking irritates a neighbor, the neighbor can now go to the magistrate’s office and swear out a warrant. If the magistrate finds the complaint is justified, a court date is set.

In court, the complainant must show proof that the dog’s barking lasted at least 30 consecutive minutes, with no cessation greater than five minutes.

If the judge agrees that the dog’s barking disturbed the peace, the dog’s owner can be fined up to $500. If three violations occur within 12 months, the judge can order the dog taken away.

A draft measure stipulated that a seized dog could be euthanized.

The supervisors passed the measure Wednesday on the condition that the “death penalty” — as Supervisor Sally H. Thomas term-ed it — was taken out of the ordinance.

Charlottesville has had a similar ordinance since 1953. No dog has been taken away from its owner in Charlottesville in recent memory.

Albemarle’s new ordinance does not apply to dogs that live on rural properties larger than 5 acres.

According to the Charlottesville-Albemarle SPCA, there are more than 30,000 dogs in Albemarle County. In 2007, there were 71 complaints about noisy dogs. So far in 2008, there have been 28 complaints.

“We’ve had a lot of e-mails from people who are suffering,” Supervisor Dennis S. Rooker said.

Slutzky, Thomas and Rooker voted in favor of the barking ordinance, as did Supervisor Ann Mallek. Voting against it were Chairman Kenneth C. Boyd and Supervisor Lindsay G. Dorrier.

Prior to voting on the measure, the supervisors listened to passionate arguments from 30 residents. Eleven spoke in favor of the ordinance, while another 11 said they were opposed. Another eight advocated more study of the issue.

Several people said that their neighbors’ dogs bark incessantly, keeping them awake at night and unable to fully enjoy their property. One Four Seasons resident said it was “misery” living near 14 barking dogs.

A man from Scottsville said he and his wife started wearing earplugs to bed to drown out the nighttime barking from a neighbor’s backyard kennel.

“The noise of barking constitutes a dire threat to health and well-being,” said William Kraus, a resident of the Peacock Hill subdivision in Albemarle.

Quite a few others, on the other hand, said they worried that responsible dog owners could be penalized by a neighbor for their dog’s natural barking.

They also pointed out that the county has had very few complaints, relative to the number of dogs in the county.

Plus, they said, it seems arbitrary that other potentially noisy domesticated animals — such as cats and pot-bellied pigs — are not covered under the ordinance.

Another potential problem, they said, was that there is no provision for a guard dog to alert its master in an emergency.

“It seems like this regulation is a case of the tail wagging the dog,” said Joanne Hayden, an Albemarle resident. She added, “Tonight I feel like I am moving into the People’s Republic of Albemarle.”

Crozet rezoning OK’d

In other business, the board unanimously approved a rezoning of the downtown Crozet business district.

The move will loosen restrictions on redevelopment in the heart of the western Albemarle locality. It is intended to spur business development and economic growth.

“It’s about making the climate in Crozet a little more business friendly,” Albemarle spokeswoman Lee Catlin said.

The measure was brought forward by business owners in downtown Crozet, Catlin said, in an attempt to compete with businesses opening up in the Old Trail community.

Slutzky voiced concern that the business district could increase property values and, in turn, drive up real-estate tax bills. However, he ultimately joined the rest of the board in voting for the measure.