Should barking dogs land you in the 'doghouse'?

If there’s anything a room full of Sanders County residents can agree on, it’s that our dogs are important to us. The May 23 county commission meeting to address a proposed ordinance about incessantly barking dogs was proof of that.

At issue was Ordinance No. 2019-01, specifically, “An ordinance to control barking dogs within Sanders County and to establish procedures for enforcement.” This meeting was for the second reading of the ordinance, and a final vote as to whether to adopt it.

Commissioner Tony Cox explained that the proposal was initially brought to the commission by Sheriff Tom Rummel, who attended the meeting.

Rummel explained to the nearly 30 people attending that when law enforcement officers are called with a complaint about an incessantly barking dog that is creating a nuisance for the neighbors, there is really nothing they can do, because there is no law or ordinance addressing the problem. This can exacerbate neighbor conflicts, Rummel said, and sometimes leads to someone killing the dog, which creates even worse problems. “This is what we want to prevent,” he said.

When the proposal was first brought up, said Cox, they had almost entirely positive public response. But once the idea was posted on local Facebook pages, people who had not been part of the original discussion became concerned that the ordinance might threaten them and their dogs, just because their dogs bark. The commissioners decided to provide several more opportunities for public comment, including an hour-and-a-half discussion at this final meeting.

EXISTING ORDINANCES from Sanders County towns and surrounding counties and municipalities were used as examples in drafting this proposal. Prior to the meeting, the commissioners had amended the original proposal to remove potential jail time as a penalty for repeat offenders. The new proposal included a sunset clause, requiring it to be revisited in a year to evaluate whether it was working as intended, and whether it should be reauthorized. For a first complaint of “Nuisance Barking,” the dog’s owner or keeper can be issued a warning with instructions on how to correct the problem. Further violations can result in a fine of from $50 to $500. After conviction of a third or subsequent violation, a court may authorize impoundment of the dog.

One main concern expressed was that almost all dogs bark, and most agreed that often their owners want them to, as a warning of predators in the area or visitors, or even responding to coyotes howling. The question as to when the barking becomes a nuisance to someone else is not easily definable, folks agreed. Some worried that neighbors that didn’t like them would call in complaints to harass them. Others said they moved here for “freedom” and didn’t want more rules.

Cox, Rummel and Commissioner Carol Brooker emphasized law enforcement was expected to be “reasonable.” A complainant would be required to record times of repeated or incessant barking to establish a pattern, and sign that they are willing to testify in court.

ONE RESIDENT shared a personal story that most seemed to agree helped them see at least some value to the ordinance. This person had built a cabin that had been very popular as a short-term rental with hundreds of inquiries and near-constant bookings. One renter’s comment online said a neighbor’s incessantly barking dog marred their otherwise lovely experience, and since then, they have hardly been able to rent the cabin at all in two years. “I’m all for private property rights,” the gentleman said, “but those right stop at my property boundary. This person had a significant economic effect on my wife and me.”

Cox expressed that it was too bad people couldn’t just get along and work things out with their neighbor, but since that’s not always possible, sometimes extra rules are necessary.

Another speaker said he thought the issue should be put to a vote of the county’s residents. Brooker handed out information describing how an issue can be put on the ballot through the citizen’s initiative process.

The one-year barking dog ordinance was passed unanimously (3-0). A copy can be obtained at the commissioners’ office in the Sanders County Courthouse, and through a link provided on the commissioners’ page at http://co.sanders.mt.us.