February 2005
 

 

Capt. Sandra Tong: Barking Dog Complaints

Gung Hay Fat Choy to all those celebrating the Year of the Rooster!

The Chinese New Year brings much joy and good fortune. However, if you are honoring the traditions of the New Year, you must protect yourself from being a victim of a crime.

While shopping, be more aware of pickpockets and take precautions. Carry your money or valuables in your pockets - not in a purse or handbag - and don't carry large amounts of cash.

On Jan. 27, the SF Police Department partnered with SF SAFE, Safety Network and other community organizations to kick off the Chinese New Year with a Crime Prevention Campaign for local merchants in Chinatown and the Sunset and Richmond districts. If you'd like more information, come by the Richmond Station and pick up a crime prevention flyer in the front lobby.

The topic at the Jan. 18 community/police forum meeting was "animal nuisances." Officer Andrew O'Brien of Animal Care & Control (ACC) addressed the interested and lively group. The most ardent participants were voicing their frustrations over a situation where a neighbor of theirs leaves their dogs on a deck while away at work and the dogs bark incessantly.

This is a fairly common problem and one that poses challenges for all parties involved, including the police. O'Brien explained that if an animal, usually a dog, is merely making noise, they should refer those complaints to the Taraval Station. The ACC will only get involved in a barking dog complaint if there is valid evidence that the animal is not being properly cared for or is in distress.

Section 41(I) of the San Francisco Health Code defines a barking dog as "a dog that barks, bays, cries, howls, or makes any other noise continuously and incessantly for a period of 10 minutes to the disturbance of any other person." However, for the police department to cite an animal's owner for the misdemeanor, according to our current policy, we need to get two (2) separate and unrelated complainants residing at different addresses within 300 feet of the barking dog. Both of the complainants have to be willing to make a private person's arrest, which means being named in the police report and potentially being required to appear and testify in court.

First, though, police officers will attempt to resolve the matter through a dialogue with the animal's owner prior to citing, if possible, for two very good reasons: (1) It is rare to receive two unrelated complaints from different addresses within 300 feet of the noise-making animal, and, (2) relations between neighbors can be worsened when one party hastens to make a situation criminal in nature.

There are times, however, when all possible means of mediation and communication have failed and the only alternative is to issue a citation. But, now we're back to the first difficulty. In the event that the officers are unable to cite an owner, there is always the option of filing a report and then following up on the complaint with the commanding officer of the police district of occurrence, or contacting the district attorney's office.

Some of the recommendations for negotiating with the animal's owner prior to having them cited is direct communication (oral or written), communication with the landlord, Community Boards (conflict resolution service) and, of course, the police department.

Many owners who leave their pet outside while they are at work may have a valid reason for doing it. However, if their pet becomes a nuisance, it is the owner's responsibility to attempt to resolve these issues with obedience training, dog therapy, doggie day care, etc.

We encourage pet owners to take responsibility for their pets by obeying leash and "pooper scooper" laws and working with neighbors to resolve nuisance complaints.

The next community meeting will be at Richmond Station's community room, 461 Sixth Ave., on Tuesday, Feb. 15, at 1 p.m. Eileen Ross, from the Department of Parking and Traffic, will briefly discuss pedestrian safety and ask for community input on traffic-calming guidelines. Additionally, Larry Fong, the SF Department of Public Health's principal inspector, will discuss littering, garbage and restaurant regulations that are enforced by the department. I hope to see you all there.

Capt. Sandra Tong is the commanding officer at the Richmond Police Station.