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Dog out in yard all day, causing whole court disturbance

Discussion in 'Broadlands Neighborhood Watch' started by lovejandn, Apr 28, 2012.

  1. lovejandn

    lovejandn New Member

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    I have a neighbor who leaves their large dog outside in their fenced yard all day long. He has been known to escape and jump the fence. He has also tried to attack small dogs on the street in their own yards when he escapes. We have 3 small dogs and many other people on the street have small dogs as well. He taunts and harasses them while they are outside on their leashes or through the window. Basically, he is making every other dog on the street crazy because his owners do not want him in their home.

    Do the HOA guidelines have any rules about keeping your dog outside for too long? There are many people on the street who are sick and tired of this animal taunting their pets and living in fear he may attack their dog or small child.
     
  2. lovejandn

    lovejandn New Member

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    Please help. We need to make sure this dog is only out for the time he needs to exercise and use the restroom. I do not believe its appropriate to leave your dog out for 12 or more hours a day. We are all scared he will hurt one of our pets or a child when he escapes again.
     
  3. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    This is a County issue. Have you contacted Loudoun County Animal Control?
     
  4. lilpea

    lilpea Member

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    Your best bet would be to contact Animal Control. (540) 882-3211

    I've attached the County ordinance on Dogs and other animals for your review. Below is an excerpt from Codified Ordinance -page 12 of attachment 612.19 (5) Dog noise .
    For any person to own, possess or harbor any dog of any age which frequently or for a continued duration howls, barks or makes other sounds which annoy or disturb a reasonable person of normal sensitivities across a residential real property boundary or through a partition common to two persons within a building. No action shall be brought under this paragraph unless the alleged offense has been complained of by at least two persons not of the same household, unless there is no more than one household within one-half mile of the property line of the property on which the source of the complaint is located, in which case one complaint shall be sufficient. Complaints shall be made in writing to the Department or by telephone to the Sheriff’s Office. Complaints received by telephone must be verified by the investigating officer at the complaint location, in order to be considered valid. When the complaint is verified, a notation will be placed in the Computer Aided Dispatch system reflecting this violation. Any subsequent valid complaint at this same location will constitute a second offense and a citation may be issued

    I'm sorry, but the reality is the HOA has little to no oversight on this kind of issue. Best of luck to you and I hope the info I provided was helpful.
     

    Attached Files:

  5. dbrow

    dbrow Member

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    You might want to check your HOA documents. I see a section on Animals that states that pets causing a nuisance can be removed following written notice from the BOD.
     
  6. Charmed1

    Charmed1 New Member

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    I'm sure this is a no-brainer, but have you talked to your neighbor about your concerns? They might not realize the impact it's having on their neighbors or the magnitude of the problem. I personally would really appreciate if my neighbor approached me first to discuss an issue before taking formal action through the HOA or county.
     
  7. mamatothree

    mamatothree New Member

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    The HOA would have to call Animal Control to remove the animal. The Association is not equipped to actually perform the removal. This has never happened in the 8 years I've worked for the Association. I believe it is a lengthy process whereby proof must be provided to the County that the animal is a nuisance...proving how often a dog barks is a tough one to document unless you've got a video camera set up.
     
  8. wolf685cln

    wolf685cln New Member

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    'I personally would really appreciate if my neighbor approached me first to discuss an issue before taking formal action through the HOA or county.'

    +1 an think odds are that the offending party isn't reading this.
     
  9. jlf

    jlf New Member

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    This is interesting because I called the HOA about nuisance dogs and they told me there is nothing in the HOA rules addressing this and I just need to call the sheriff. The dog owners have been contacted and are aware that we will start calling the sheriff but reading this sounds like I should expect more support and intervention (letters to owner) from the HOA. I just couldn't understand how the HOA protects us against burnout lightbulbs but not incessant barking dogs.
     
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  10. KTdid

    KTdid Well-Known Member

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    About three years ago, our neighbor called the HOA regarding a barking dog and they told him he had to call the Sheriff. The Sheriff was called on two occasions but the dog went into the house (doggie door) before the Sheriff arrived. The Sheriff told him to call animal control but animal control told him there must be two complaints (made in writing and from two separate households) before they could take any action.

    These actions were taken after speaking to the dog owner.
     
  11. flynnibus

    flynnibus Well-Known Member Forum Staff

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    Because the HOA is not there to enforce county or state laws. The HOA is there to enforce it's own covenants. The HOA is not your local police or government.
     
    Mr. Linux and sowalker like this.
  12. vacliff

    vacliff "You shouldn't say that."

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    Sections 8.2 d and Section 8.2 q of the Declaration for Broadlands does address noise/dogs. Please read them. Note only can the HOA do something, they can have an offending animal removed from the property.
    The difficulty the HOA has is proving it. Most dog related noise complaints happen after hours or if the HOA goes out to the house, the problem isn't occurring.
    However, the HOA can still notify the resident that a complaint was received. The HOA can keep records of all such complaints and inform animal control or the Sheriff's Office that complaints have been received.
    For the HOA to simply tell someone that nothing can be done and to call the Sheriff's office is not correct.
    If anyone gets told this, tell them to read the above mentioned sections.
     
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  13. jlf

    jlf New Member

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    This is very helpful information! Thank you very much!
     
  14. vacliff

    vacliff "You shouldn't say that."

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    You're welcome.
     

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