By Madeline Baker, Times Chronicle
Despite some concern on the part of rural area directors, the Regional District of Okanagan-Similkameen (RDOS) board has approved new penalties for noise complaints related to “excessively” barking dogs.
Excessive barking offenses were previously categorized under noise control bylaws but, with the new amendment, will now fall under the purview of dog control. Bylaw officers will also be empowered to issue offense notices and fines to the owners of “nuisance” dogs.
Electoral Areas B, C, and G have been given exceptions to the excessive barking penalty and Area H has been exempted completely because, as Director Martin Van Alphen pointed out during the board’s March 16 meeting, working livestock or guardian dogs would be unfairly targeted by the bylaw in rural areas.
However, area E Director and Penticton Mayor Julius Bloomfield pointed out that properties under his jurisdiction, including his own, also use working dogs and will not be granted any exemption. He also questioned whether property owners with guard dogs should fall under the same penalties as those with non-working pets.
Bloomfield suggested that drawing exemption lines along zoning boundaries might be more relevant and useful to separate out problem areas, but Director Tim Roberts said that bylaw officials had already informed him that the Official Community Plans of each individual community would make this impossible.
RDOS staff member Mark Petry clarified that a dog must bark steadily for 15 minutes within an hour-long period for the noise to be considered excessive and that it takes three bylaw offense notices for a dog to be deemed a nuisance. He assured Bloomfield that bylaw officers will be given room to use their judgment within that framework.
“We’re not here to fine first, that’s not a trigger reaction. It’s that nuisance dog that we keep getting calls about, that barks generally all day,” said Petry. “We don’t deal with a lot of these calls, but we do deal with the odd one and it is a problem for those neighbours.”
In addition, he said that larger properties are naturally less likely to receive many noise complaint calls because they tend to make up areas of lower population density, while high density residential areas generate the most complaints because more people are negatively impacted by issues like noise.
A motion by Roberts to clarify the language within the new amendment was defeated, and the law was accepted as written. The newly amended noise control bylaw was first adopted October 6, 2022, after which draft versions with the new excessive barking designation were discussed at the November 17 and December 1 RDOS meetings.
The new bylaw penalties will impact residents of Osoyoos Area A, while Oliver residents fall under the exceptions granted to Electoral Area C and will not be impacted.
