County considers dog ordinance

The Sanders County Commissioners are considering an ordinance that would help control barking dogs in the county and establish procedures for enforcing the rule. County Commissioner Tony Cox said that people have complained to the Sanders County Sheriff’s Office (SCSO) about nonstop barking dogs. The County Attorney, Naomi Leisz notified the commissioners that there is a law that the county could use, but it was not ideal. The proposal was then made for a local ordinance.

The commissioners held a public hearing on May 2 and then another meeting on the matter on May 9, in which both proponents and opponents of the proposed ordinance testified.

“It’s a hard decision because people like their freedom and we value that,” Cox said. “But we do have some chronic problems that affect quality of life.”

Cox advised that the ordinance is for chronic problems, as a way for law enforcement to deal with problems in the county and said that people need to use common sense and officers will use discretion if the county decides to adopt the ordinance.

The county reviewed similar ordinances and met with law enforcement officers and the county attorney in drafting the ordinance.

No decision on action has been made at this point. The commissioners are taking the testimony from the public meetings under advisement.

Under the new proposed law, the following actions may be taken when a complaint is filed. First, an officer will respond by providing a written notice of violation to the dog owner or caretaker, along with written instructions on how to correct the nuisance barking. Next, the officer will provide a Nuisance Barking Dog Conduct Log Form to the complainants. The log includes the date, time barking started, time it stopped, and remarks. The complainant need not be able to identify exactly where the barking is coming from, nor must any names be mentioned in an accusatory way.

When the log sheet is completed, an officer will pick it up from the complainant, review it and determine whether the case should be turned over to the County Attorney for enforcement.

“Sometimes these are long-standing neighbor disputes that have little to do with the dogs,” SCSO Undersheriff Lanny Hensley commented at the first meeting, indicating that not all the complaints would even be deemed worthy of prosecution under the proposed ordinance.

If the case is determined to be prosecutable, penalties for violation could include fines (minimum $50, maximum $500) and/or jail time of up to 10 days.

Exempt from the ordinance would be licensed commercial boarding facilities, animal shelters such as TRACS, veterinary clinics and situations where dogs are used in livestock or dogsledding operations. The ordinance would apply to all of Sanders County, except for properties in the incorporated areas of Plains, Thompson Falls and Hot Springs.

SCSO Deputy April Phillips was one of the proponents of the issue at the first meeting. “I work the night shift,” she explained, “and it’s very difficult for me to get any sleep during the day when a neighbor’s dogs are barking virtually nonstop.” She added that in this particular case, she has even received complaints from multiple residents across the river, who hear the dogs barking throughout the night.

Jan Manning of Sanders County Dog Training Club suggested the club be enlisted as an educational resource to offer help and guidance to dog owners cited under the ordinance. “Our main concern is for the welfare of the dogs,” Manning said. “When dogs bark incessantly, something is wrong. The dogs need something they’re not getting. Our club has highly experienced trainers who are willing to help as a public service.”

The proposed ordinance has been posted at the courthouse for public viewing and comment, pending adoption by the county commissioners at an upcoming meeting.