The Albemarle County Board of Supervisors decided Wednesday not to expand the county’s noisy dog ordinance to rural areas.
Under the ordinance the county amended Wednesday, it will still be unlawful when a dog makes excessive, untimely or continuous noises, such as howling or barking, for 30 consecutive minutes or more.
The rule applies to properties in the county’s “growth area” and properties smaller than 5 acres that are located in the “rural area.” County staff had recommended the board make the noise regulations apply generally to the rural area, too, but the board voted the recommendation down.
Supervisors said that noise from dogs is something that is expected in rural areas and that they didn’t want to expand the ordinance to make it overly restrictive.
Under the county’s ordinance, dog owners could be fined up to $500 if a judge finds that the dog’s barking “disturbed the peace” and violated the provisions of the ordinance. However, supervisors amended the ordinance to restrict dog noise that is “audible” by neighbors, because the Virginia Supreme Court recently ruled against using subjective standards about whether noise is “disturbing.”
“The Supreme Court has basically said that you can’t have anything that’s subjective,” said Supervisor Dennis S. Rooker.
Rooker said the only solution was to amend the ordinance, though he believed supervisors had preferred the previous ordinance.
If an owner is found guilty three times in one year of failing to abide by the ordinance — with the same dog causing the disturbance each time — the owner of the dog will be forced to remove the dog from any area in the county to which the ordinance applies or risk the county taking the dog and having the Society for the Prevention of Cruelty to Animals put it up for adoption.
Many residents said at Wednesday’s public hearing that the county’s noisy dog ordinance is already unfair to dog owners, though others pleaded to the board for more help dealing with neighbors’ noisy dogs.
James Dubovsky played audio for the board of what he said was an example of nearby dogs that regularly bark for hours at a time, causing him “sleep deprivation” and stress, which he said have ultimately affected his health.
The board also decided to revise language in the county staff’s proposal. Under the proposal, the county could take legal actions against the owner of a dog that injures someone.
However, some residents said that the ordinance should only go after owners of dogs that cause serious injury.
The board formulated an ordinance in which a dog could be deemed dangerous only if a person were injured by an unfriendly encounter. Scratches from a friendly dog that jumps on someone wouldn’t be considered a vicious attack, for example.
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