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Old 01-01-2011, 11:51 AM
 
12,359 posts, read 17,238,489 times
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I've spent 4 months visiting and calling all the parties that can or can not help (Humane Society, City Hall, Animal Control, Magistrate's Office, City Police)
I know all there is to know if any one needs info.

I am to the point of having to gather time and dated video, audio, for evidence to take before the magistrate.
I've considered computer webcam and not sure how to get long videos, time and dated, audio, keeping the 1 or 2 (45 minute) barking sessions in the middle of the night for a few nights, etc.

At this point my question is:
Would the civil court be offended, or think I am being too smart (synonym for butt) or too legal if I take a lawyer with me?
What kind of lawyer would it be?
I'm on poverty level income so any sources for legal help?

Anyone with details on how to gather evidence at all hours of the night is appreciated. Give me technology help you may have.

I've tried the 2 cheap any barking devices and on #3 now. It's range is only 25 feet and I have not where to put it without it being seen and possibly stolen or vandalized. Before winter I put it in the window inside the screen, 9pm to 8am. The middle of the dog cage where two dogs are kept 24/7 are about 28-30 feet from my device, so at best, the results were inconclusive. There were times when their bark seemed to tail off to a whimper. Police have been called multiple times, animal control sent them a one time letter to "educate" them on the law. It's getting to the point where the consensus view is take your case to court.

I've got some medical problems and chronic insomnia is one of them. There is a 3rd dog who is chained 24/7. These dogs belong to relatives who can not have outside dogs. Then there is dog #4 that actually belongs to the people next door. No laws on number of dogs, Humane Society said water and food and roof is good enough for them, and dogs do not have to be licensed in York County.

I know the laws and the procedure like a book. It has not helped so far.
I need to consider gathering video-audio evidence, and wondering if the judge would think I'm insulting the court by bringing a lawyer over dog barking, if I could find one.

Thanks.
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Old 01-02-2011, 06:17 AM
 
Location: Lake Wylie, SC
299 posts, read 997,943 times
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What have the police said about this? They won't do anything to help????
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Old 01-02-2011, 08:46 AM
 
12,359 posts, read 17,238,489 times
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Quote:
Originally Posted by SilverSagess View Post
What have the police said about this? They won't do anything to help????
there are 3 different ways to go:
1. anti dog barking devices, 4 models out there, tried 2, trying the 3rd one now, results non-conclusive.
2. gather audio and video evidence and go to civil court. The magistrate told me all he required was the results from a decibel noise meter. However, he did not hint as to what level he requires. The decibels could be too low for him, but decibels does not affect the dog barking nuisance law in Rock Hill.
3. call the police when they are barking, hope they come out, hope they come out soon. If they arrive and the dogs are barking, they have the legal power to issue a $250 citation. Whether they have the "will" power to give one is another story. If they are not barking they drive away.

The leash law fine is $50.
The dog barking nuisance fine is $250. And to fight the $250 fine requires the dog owner to go to "criminal court" That suggests to me how serious it is.

I know what electronic devices I can get to provide audio and video evidence, middle of the night.

What the magistrate's definition of "chronic" is, I do not know.
Same for decibel level.

The law is odd. It is a city ordinance but you call county animal control. Their only function in the process is to send the dog owners, a one time letter, "educating" them on the law. They have done this twice already. Once for me and once for the people who lived here before I do.

The other options are #2 and #3 above.

3 neighbors and the dog owners and their 3 adult kids and 3 police officers had a sidewalk, one hour, incident on Friday.
The police talked to us in private and we were told the only ways they can help. I already spent 4 months visiting all the various offices and knew what they can do, but what they WILL do is up to them.

Then they talked to the dog owner's in private. We do not know what the police told them. If the dog owners told them their plan, to solve the problem, the police sure did not comfort us by telling us what the owners wanted to do.

None of the "powers of authority'" are posing a very critical question to the dog owners. By harboring these dogs they are in violation of the nuisance law.
No one is asking them a very important and "pointed" question:

"dog owner, we have been called out here multiple times, you know the city laws on dog barking nuisance, we can fine you $250 per incident,
PLEASE tell us YOUR plan to resolve this issue."

No one is asking them to state their plan. Either they have one, or they do not. Everyone needs to knows which it is.

And the dog owners are telling lies to avoid the leash law. They tell the police they never let the dogs out. Lie.
They avoid the complaints of 24/7 confinement by letting them out for 5-10 minutes 2-3 times a month.

I'm not sure why the Humane Society refuses to intervene. I've talked to them 3 times. They are fine if they have food, water and roof. There are not laws on number of dogs you can have, and dogs do not have to be licensed or tagged.
Humane Society is missing an issue. 24/7 confinement means poop in the cage. The two dogs in one cage play with each other and spill the food on the ground. Then you have excrement, food, and straw all mixed together.

I'm the only neighbor inside 100 feet from the 4 outside dogs. And my bedroom window is 25 feet from the two in the cage. 3 of the 4 dogs do not even belong to the residents. Their keeping 3 dogs for relatives who live in apartments and can not have inside or outside dogs.

Would me getting a lawyer insult the magistrate's court, as if I am trying to be a smart butt?
What decibel level does he require?

The city does not use decibels.
They use the distance the noise can be heard.
The county used noise level.

Dog barking does not fall under the noise ordinance, like music, etc.
It falls under the nuisance law.
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Old 01-02-2011, 07:42 PM
 
2,152 posts, read 6,361,993 times
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Have you spoken to the neighbors yourself?
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Old 01-03-2011, 08:53 AM
 
12,359 posts, read 17,238,489 times
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Quote:
Originally Posted by Jake Ryan View Post
Have you spoken to the neighbors yourself?
too late and not needed.

They were contacted by Animal Control and city police before I moved in.
Same thing after I moved in, so they know the laws.
She told me in early Sept. she was sending them to a relative's house = flat out lie as the relatives can not have inside or outside dogs at their apartments.

The lady across the street called the police on Friday, and 3 cops, and the 4 members of dog owner's household, and 4 anti dog barking households, had a one hour sidewalk incident.

Knocking on their door is too late.
They already know the problem.

All parties have been told to not go on the other's property.
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