ROCKBRIDGE COUNTY, Va. – Rockbridge County is looking to make an ordinance to crack down on barking dogs.
The Board of Supervisors were presented a draft ordinance during Monday night’s meeting which would allow neighbors to take one another to court over their noisy dogs.
Supervisor Daniel Lyons requested this ordinance.
He says over the last year he has received an increasing number of calls complaining about barking dogs.
“This isn’t meant for the occasional dog that barks or a working dog out guarding animals at night,” he explained during the meeting.
Supervisors say they will work on the draft ordinance and talk about it again at next month’s meeting.
The draft ordinance reads as follows:
(a) The harboring or keeping of any dog which, by loud, frequent or habitual barking, howling, yelping or any other conduct creating excessive noise, in a manner that causes annoyance and disturbance of the peace and quiet of any person or neighborhood, and such noise lasts for a period of more than twenty (20) minutes continuously or intermittent noise continues for more than one-half (½) hour, and occurs a minimum of three (3) separate occasions, and provided that such noise is plainly audible from a distance of fifty (50) feet or more from the premises where the dog is kept, is hereby declared to be a public nuisance and shall be unlawful, after such owner or custodian of the dog has been notified of such disturbance. It shall not be a violation of this section if the dog was barking, howling, yelping or creating excessive noise due to harassment or injury to the dog or due to a trespass upon the premises where the dog is located.
(b) Enforcement. Any citizen subjected to the noise created by a barking dog that creates a public nuisance as provided in subsection (a) above, may enter a complaint with the magistrate for issuance of a warrant returnable to the General District Court of Rockbridge County, where the complaint shall be heard as all other complaints under criminal warrants are heard; provided, however, that such citizen shall first provide written notice to the owner(s) or custodian(s) of the dog that it is creating a noise disturbance in violation of the section.
(c) Penalty. A violation of this section shall constitute a Class 4 misdemeanor. A second violation of this section in any 12-month period shall constitute a Class 3 misdemeanor. A third or subsequent violation of this section in any 12-month period shall constitute a Class 2 misdemeanor.
(d) Seizure of dog(s); abatement. Upon a third or subsequent conviction within one (1) year of any offense under this section involving the same dog(s), in addition to the penalty imposed under subparagraph (b) for the violation, the judge shall be authorized to order the owner or custodian of the dog(s) to remove it permanently from the county within two weeks. Should the owner or custodian fail to comply with such order, the dog(s) shall be seized by the animal control officer or other law enforcement officer and, upon impoundment in the county animal shelter, be humanely destroyed or placed for adoption outside the county.
This Ordinance shall be effective on and from the date of its adoption