A bill before the Maine Legislature seeks to clamp down on excessive dog barking, a problem that some residents say has become unbearable in their neighborhoods.
The proposal would expand Maine’s nuisance dog law, which currently applies to dogs that cause injury or property damage. It would add dogs that “disturb the peace” by excessively barking, howling or yelping.
If passed, the law would allow police or animal control officers to cite dog owners with a civil violation punishable by a fine of up to $5,000.
Proponents of the bill argued during a public hearing Thursday that it would be fitting punishment given their experiences with unruly canines. They told stories of not being able to sleep or use their outdoor patios because their neighbors keep loud dogs or operate kennels.
Opponents argued the bill would be hard to enforce and could unfairly target dogs that are being used for hunting. The problem would be better solved at the municipal level than through statewide law, they said.
“We sympathize absolutely with folks who are experiencing these excessive noise complaints, but there may be a better statute under which to (address this),” said Katie Lisnik, chair of the Animal Welfare Advisory Council, which advises the Maine Department of Agriculture, Conservation and Forestry on issues pertaining to animal welfare.
Dog barking rules are determined by local ordinances in most states and can vary greatly by jurisdiction, according to the popular pet sitting app Rover. But at least a few states appear to have statewide rules.
Delaware’s governor signed a law that takes effect in October and will prohibit dogs from barking continuously for more than 15 minutes, or more than 30 minutes in total in a day.
Texas has a statewide health and safety code prohibiting excessive barking, and it’s unlawful in Tennessee for dogs to disturb the peace with excessive barking, according to Rover.
DOG BARKING DISRUPTS NEIGHBORS
LD 133 is sponsored by Sen. Rick Bennett, R-Oxford, who told the Committee on Agriculture, Conservation and Forestry Thursday that he was introducing the bill on behalf of constituents who live next to a neighbor with more than 15 hunting dogs. The dogs are kept in a pen outside and constantly bark, Bennett said.
Bennett said he came to realize that the issue is much more common than he initially thought, and can come with serious consequences, such as lowering property values.
While many municipalities have their own noise or dog barking ordinances, Bennett said such measures are often left to the interpretation of individual animal control officers and there’s no way to appeal to a higher authority, such as the state or law enforcement.
In addition, state law exempts certain agricultural working dogs from local barking ordinances, which Bennett said creates a loophole.
“I think a lot of these issues can be dealt with if there was some teeth in the law that would allow people to complain a little more than they can now,” he said.
Theresa and Dennis Sol of Livermore were among those who testified in support of the bill. Their property abuts a kennel owner who has at least 12 dogs and who lets them bark and howl outside, they said.
“We are unable to enjoy ourselves and relax on our property, have a peaceful dinner on our patio with family and friends,” Theresa Sol said. “We are also unable to sleep without hearing the out-of-control barking dogs at all hours of the day and night, especially at two in the morning.”
Susanna Richer of Portland said an animal control officer from the city has visited the home of one of her neighbors on numerous occasions to address excessive dog barking, but it’s just a short-term fix and the barking always recurs. She said it can make it hard to sleep or find peace and quiet at home.
“This bill would add an additional enforcement tool that would allow both animal control officers and state humane agents to intervene in barking complaints that are not resolved using an existing ordinance,” Richer said.
ENFORCEMENT, UNINTENDED CONSEQUENCES
Opponents of the bill — and some lawmakers — questioned how the law would be enforced.
“I understood the case you brought up with the neighbor with 15 dogs barking 24 hours a day, and I can also see the other side of the scale where a Karen lives next door to a dog that barks twice a day, and to her that’s excessive and disturbing the peace,” said Rep. Mark Cooper, R-Windham. “It’s kind of broad. It appears to be tough to interpret.”
Matt Fournier, president of the Maine Sporting Dog Association, said he worries the law would allow someone to complain about his dogs while he is out hunting with them, and that what one person considers excessive may be an overreaction. “Towns do have the abilities to have different ordinances,” Fournier said. “If people are having trouble, they need to address that at their town office.”
Bennett said he hopes that law enforcement or animal control officers would use their best judgement when responding to complaints. “I think the law right here is lacking and we can improve it,” he said, adding that he was also open to the committee adding clarifying language or narrowing the bill.
Ronda Steciuk, director of Maine’s Animal Welfare Program, said there are consequences to a dog being deemed dangerous or a nuisance, such as a court requiring the owner to have liability insurance or muzzle the dog, and that barking dogs should not be grouped in the same category as others covered by the law. Dangerous dogs are part of the same section of law as nuisance dogs, and include dogs that have caused serious injury or death.
“We don’t disagree this is a problem or that it could potentially be addressed at the state level, but we have concerns about how that would happen,” Steciuk said. “We don’t believe this is the mechanism.”
Lisnik, the chair of the Animal Welfare Advisory Council, suggested the committee instead direct municipalities to ensure they have adequate and enforceable noise ordinances that include barking dogs.
“This is not the correct statute to be placing this in,” Lisnik said. “There are a lot of unintended consequences of being declared a nuisance or dangerous dog that really don’t apply to barking.”
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