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County to hold public hearing on nuisance dogs

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Monday, Aug. 27, 2012 11:39 PM

The Montezuma County Commissioners on Monday voted to hold a public hearing about nuisance dogs.

Sheriff Dennis Spruell requested the public hearing due to the large volume of barking dog complaints the sheriff’s office receives.

The public hearing is to be held from 10 a.m. to 12 noon on Dec. 3.

County Attorney Bob Slough did not necessarily recommend approval of a revised ordinance, but proposed revising the county ordinance if the commission wants to deal with barking dogs.

Slough suggested adding “peace and tranquility” to the existing ordinance that deals with dogs that present a danger to the safety of persons and property.

The proposed wording would hold dog owners accountable for their dogs that make “unreasonable noise.”

This “unreasonable noise” standard has already been approved by the Colorado Supreme Court in relation to humans, he said.

What is “unreasonable” would ultimately be left up to a court to decide, he said.

Spruell stated his belief that, under the unreasonable noise standard, one would have to identify the particular dog making the noise. Slough disagreed.

Spruell said he owns a dog kennel, but added, “I have no dog in this fight.” He related that he was just responding based on the number of complaints the sheriff’s office has received.

If the current ordinance is strengthened, Spruell said his deputies would likely issue a warning for a first offense.

“I’ve had more complaints about shots at the dump than dogs barking,” Commissioner Gerald Koppenhafer said. Spruell replied that he hasn’t received any complaints about gunfire at the landfill.

Commissioner Larrie Rule doesn’t want to strengthen the ordinance. “It’s just putting another law that’s going to create a problem,” he said.

“They went through this two years ago with a public hearing and everything,” said Kay Anderson, a man who was sitting in the audience. “Now they’ve got it again with a different sheriff.”



calebs@cortezjournal.com

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