BBKC Forum: Clarkstown imposes county's toughest rule

Clarkstown imposes county's toughest rule

Posted by The King on October 7, 2008, 10:51 pm
99.145.65.42

Hema Easley
The Journal News

NEW CITY - A new dog law in Clarkstown aims to give its enforcer more teeth, but owners say it will force them to keep their canines on too short a leash.

Clarkstown pet owners will live under the strictest dog law in the county, which triples fines for nuisance barking, limits the length of dog leashes and imposes a strict definition of "habitual" barking that will be used to determine violations.

"It's really giving the law more teeth," said Councilwoman Shirley Lasker, who proposed the amendment at the Aug. 26 Town Board meeting. The amendment was approved unanimously and took effect Tuesday.

"The previous dog laws had no definition for 'habitual.' So when our lawyers would go to court, the cases would be thrown out," Lasker said, explaining the impetus for the change. "Now you'll be able to go into court, the judge will more likely rule with us."

Under the new law, a dog who barks for more than 10 minutes during the day and for more than 5 minutes at night will be breaking the law.

If a neighbor complains, the pet owners will be issued a warning. If a second complaint is made within 30 days, the dog will be considered a habitual barker and the pet's owner could be issued a violation and taken to court, said Pat Coleman, the town's animal control officer.

In court, the pet owner can be fined between $25 and $250, at the judge's discretion. Previous fines were between $25 to $75 for the same violation.

Fines also have been raised for impounded and seized dogs who are kept at an animal shelter until their owners come to claim them.

The law also limits the length of a dog leash to 8 feet when the pet is on public or private property under the control of the owner. Coleman said the new leash laws would ensure better control of pets in public places, and would keep them from dashing onto the street while being walked on sidewalks, thereby causing an accident or being run over.

The new rules have come as a surprise to dog owners in Clarkstown, some of whom said the town didn't do enough to publicize the changes before they became law. There are an estimated 1,750 licensed dogs in Clarkstown, but the actual number of dogs is likely higher because not all pets are licensed, Town Clerk David Carlucci said.

"It's not fair to the dog owners, the way the law has been written," said Arianna Cohen of New City, who was walking her energetic 3 1/2 -year-old, 101-pound golden retriever named Buddy at Kennedy-Dells County Park on Wednesday. "Asking to control a dog's verbal functions, it's not possible. ... A dog is its own being."

Alyse Cutler of West Nyack concurred. She said the fines were too steep, and the law would be difficult to enforce.

"I think they are going after pet owners," said Cutler, who also was walking her golden retriever, Sierra, in the New City park. "It's like a baby crying. You don't fine parents if their baby is crying."

Carlucci said the town does its best to publicize public hearings. Public comment was invited before the dog law was adopted, but no resident spoke at the hearing, Carlucci said.

A notice for the public hearing was posted on the town's Web site, and, as usual, notices were posted at Town Hall, libraries and post offices around the town. A legal notice also was published in the local newspaper.

The idea of amending the law came as a result of discussions between Lasker and Coleman. The town's dog law was vague and hadn't been updated in 30 years, Coleman said. The change was sought to make enforcement more effective, she said.

"This is not an anti-dog movement. Those people who don't take care of their dog in a way that is considerate of their neighbor will pay more attention," said Lasker.

Coleman, who has been the animal control officer since 1981, said she issued 316 warnings in 2007 and about 22 summonses. Those numbers have held pretty steady for the last few years, she said.

With changes in the law, those numbers could rise. The high price of gas, the shaky stock market, unemployment and the dreary economic prognosis has the public worried, Coleman said, and could make people easily frustrated by a barking dog.

"If you didn't have to worry about those things, the barking wouldn't be an issue. Tolerance is at an all-time low," she said.

At the same time, she said, people had the right to enjoy their backyard without constant barking. Some residents left their dogs at home with the windows open, so neighbors could hear dogs barking, howling and whining.

Coleman sees her job as one of a referee between quarreling neighbors rather than as an enforcer. She said she tries to bring about a rapprochement between neighbors to avoid sending them to court.

Despite these assurances, some pet owners worried about the chances of abuse of the new law. Kent Murphy of New City was worried that if a neighbor didn't like you or your dog, he could get you into trouble.

"A neighbor could decide to complain every day," said Murphy. "I have a neighbor like that."

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