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Barking dogs draw complaints from neighbors
(by Sue Reid - March 17, 2010)
Barking dogs draw complaints from neighbors
By SUE REID
Solon City Council's safety and public properties committee the city's position last week on excessive dog barking.
The discussion stemmed from a resident's complaint brought forth by Ward 2 Councilman Robert N. Pelunis. The complaint regarded a situation where a dog was left outside for an extended time, continuously was barking and making a nuisance, he said. It was one of several complaints he has received over the past two months, he said.
"One specific resident had a complaint regarding an animal left outside in 28-degree weather for an extended period of time and was barking constantly," Mr. Pelunis said. "There were other complaints of dogs left outside during the winter or dogs left outside at 2 a.m." The complaints were in the area of North Burr Oak Drive.
"This issue has been out there for a while," Mr. Pelunis said. He wanted to make the committee aware of it, he said, and also to determine if it wanted to modify the city's ordinance with regards to barking dogs.
"In some cases, there is legitimacy to the complaints," Police Chief Wayne Godzich said. "But you need discretion on the part of the animal warden and police as to what is excessive."
Sometimes it is not just the dog having the problem but two neighbors having a difference, he said. The complaint submitted by Mr. Pelunis was investigated and found to be unjustified, Mr. Godzich said. "The dog was barking," he said, "However, the barking was being stimulated by an outside source."
The city has two ordinances regarding barking dogs, Mr. Godzich told the committee. The first addresses barking and howling dogs and the second nuisance conditions. With the first ordinance, residents are prohibited to have a dog that frequently barks and howls for an unreasonable time and volume. The department's normal practice is to first issue a written warning.
"Our goal is to educate residents," Assistant Chief Raymond J. Tittl said.
With the second ordinance, it states that no animal is allowed to become a public nuisance. Nuisances under this ordinance are defined as excessive barking and howling.
Mr. Godzich told the committee that, when the animal warden, Greg Miller, is on duty, he addresses such situations and determines why the animal is barking excessively.
Councilman Edward H. Kraus said he thinks the ordinances in place are adequate, but the question is the time of the day that the situations are occurring. He said midnight to 6 a.m. is when people are sleeping, so the activity would be greatly discouraged. There may need to be more severe restrictions during that time period, he said.
"Do we need something to have heightened scrutiny during that time of the day?" Councilman Richard A. Bell asked.
Mr. Godzich said his officers have had to go out in the middle of the night in such situations, and most of the time they get voluntary compliance.
"Common sense tells you there are certain hours of the day that are acceptable," Councilman William I. Russo said. "I don't think additional ordinances, changes or modifications are needed at this point."
Mayor Susan A. Drucker, who was in attendance at the meeting, said that, in the case Mr. Pelunis referred to, the barking was nonstop, day in and day out. "It's a matter of enforcement when it's an excessive case," she said. "When it is an excessive situation, what can we do?"
"My concern is if you start getting stricter and residents use it against their neighbor because they don't get along," Mr. Russo said.
"You don't want to increase the penalty that is so excessive you can't get compliance," Mr. Bell said. "You want something that deters and gives police discretion."
"Sometimes the citation is warranted and sometimes it isn't" Mr. Godzich said. "The animal warden tries to educate individuals so citations aren't needed and animals aren't euthanized."
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