Officials Discuss Changing Barking Dog Law

Town officials are figuring out how to update and make changes to an existing law that deals with barking dogs. 

The current law, which town board members said is too general, could be changed to say that it would be a nuisance if a dog barks, cries or howls for more than 10 minutes. It would be enforced all day instead of just at specific times. 

Yorktown Police Chief Daniel McMahon, who met with town board officials last week, said complaints about barking dogs are common in the town. 

"Usually what happens in cases like this, if it's the first time that homeowner has had an issue with the dog, we give a warning," he said and added that if they go back, it would be because there is some issue with the dog, homeowners or the neighborhood that is causing the dog to continually bark.

He said that if a resident calls police and complains about a barking dog, it could be an issue if the person refuses to give a written statement. 

"This is very similar to noise complaints," McMahon said. "The neighbor does not want to get involved. And then when we say we have to have a written statement, they won't give it and of course they now say 'You won't do anything about it.'"

Officials agreed that the violation can be established in two ways: the person who hears the barking and complains to police would have to give a written statement or a police officer who goes to the scene and hears the noise can become an ear-witness.

"Not only does it have to have the noise for 10 minutes, but it also has to constitute a nuisance," councilman Jim Martorano said. 

McMahon said a dog could bark because there is something outside the home, and while it could be "annoying" to a neighbor, the barking might be justified.

"Unless there is hostility between neighbors, you neighbor is not going to call the first time your dog is barking for five minutes," he said. "It's probably an ongoing thing."

Town board officials will advertise the law on Oct. 18 and will hold a public hearing in November before it could be voted on.