My friend and I have just “had our day in court.” We live near a sign that says “Noise Ordinance Strictly Enforced” in a neighborhood where the houses are so close together that I could disturb my neighbor simply by shutting my door or starting my car. Counting only the first two houses in the neighborhood, there are 12 dogs.
Does the noise ordinance pertain to barking dogs? How can someone be allowed to have so many dogs when the residences are so close together? We have made several calls to Public Safety, and my neighbors were informed of the laws on the books. Here are the laws that apply:
12-2 DOGS
12-2.9 Disturbing the Peace Prohibited. All animals shall be kept and maintained in such a manner as not to disturb the peace, comfort, health, safety or general welfare of any person residing within the city. (Code 1969, Sec. 4-36; Ord. No. 1977-2)
12-2.11 Barking or Howling Prohibited. No person shall keep or have within the city limits a dog that habitually or repeatedly barks or howls in such a manner, or to such an extent that it is a public nuisance. (Code 1969, Sec. 4:38; Ord. No 1977-2)
On one day in court, one neighbor was found guilty and fined when three dogs were cited for nuisance barking. On the other day our other neighbor was found innocent when nine dogs were cited for nuisance barking. How can this be? The animal control officer and the chief of police had already labeled these dogs a nuisance.
After the most recent ruling, my neighbors will continue allowing their dogs to bark without making the least effort to quiet them down. It seems to me that since I keep complaining about this issue, I now have become a nuisance; a citizen who would like peace and quiet in the neighborhood and the laws enforced and upheld to maintain them. I know that dogs bark and I cannot have the barking cease completely, but as a citizen, can I not call upon the city to enforce its laws without feeling oppressed?
The court’s rulings were inconsistent, and whether I can find relief through the courts or the council is in doubt. I am a teacher and teach my students that the law of the land will be upheld, that they should become good citizens and that they should stand up for their rights. I have shared my personal legal challenges with my students, and they will be curious to hear of the outcome.
How should I explain it?
− Ms. B.J. Crucilla, Orangeburg