03/25/2010 PLAN REVIEW COMMITTEE MINUTES Minutes

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Public Comment(continued) • Lot too small to support a kennel. • Last summer dogs were barking continuously. • Dogs are close to pored; adding feces and urine to water. • Impacts neighborhood when these dogs start barking it starts other neighborhood dogs barking. Sandra Cobb responded that when she's home she does not leave the dogs outside. Ben Perry said he had received a barking dog complaint and when he went the dogs were in the backyard; he counted the number of dogs there; no one was home so he left the paperwork in the doorway; and it started this application process. Ben Perry then pointed out the Town By-Law called the noise by-law. It reads that during the calendar year complaints received for barking dogs carries $50. fine after the first violation. Ben said first violation is a warning; 2nd violation is $50 fine. There is nothing that says the $50 fine couldn't be for each dog and that could be $300 fine for all 6 dogs. At last year's Town Meeting there was an addition to Chapter 120 that after a third violation the animal control officer can request the Police Chief to bring that person in for a Hearing. For barking dogs, the Chief of Police could order the owner to get rid of the dogs or build some sort of soundproof room if you wanted to keep them, etc. Ben said he wanted everyone to be clear on the law. To the neighbors he explained that if they complain about the barking dogs he will go out to issue a warning initially; then a fine; after the third violation he can request a hearing before the Police Chief; and he can order removal of the dogs from town. Ben explained that under the By-Law the 15 minute rule: do they bark in excess of 15 minutes applies any time-day or night. This includes if they are in the house and the barking can be heard outside the house. That still constitutes a violation. Glen Harrington explained that the reason why the Town went to the personal kennel By-Law is because of the State law so the intention is to get kennels into compliance with State_law._ — One neighbor explained he was home from the hospital a few days before last Friday and on the Friday the deck was blocked off so the dogs were left in the backyard and barked almost all day. Ben Perry said if anybody is convalescing then there is more emphasis to the nuisance laws that would apply to these dogs. Ben Perry noted that responsibility for the dogs rests solely on the shoulders of the owner. Public comment portion ended. Sandra Cobb said she is not opposed to barking collars. However, it was pointed out that this breed is too small for barking collars. Sandra said they are inside dogs and are more in than out. She said 2 people in the neighborhood walk their dog without a leash and their dog comes in her yard. She said her dogs are short-haired so they do not stay out. Ben said he was there in the summer; the dogs were out and no one was home. Sandra said in summer it's different, they are left out. Drew McManus suggested putting screened fence around the kennel so they can't see movement. 2