This dog nuisance law was revised out of necessity against the stance taken by Judge McWhinney based on the former law. Judge McWhinney contrary to his past rulings, essentially re-wrote the law at his bench a month ago, when he would not accept the testimony of 3 witnesses in a dog nuisance case against Elizabeth Diep of Copperopolis. The law at the time stated that a "reasonable number of persons" had to complain about an animal nuisance. The judge ruled that 3 neighborhood witnesses and digital recordings were not sufficient and the petition signed by 8 victims of the Copper Cove subdivision was not admissible in court therefor ruling in the favor of Mrs. Diep and her barking dog.
The County lost because it had always been the understanding of Animal Services and the D.A's office that 3 or more persons who complained about a nuisance were deemed "reasonable." This knowledge was based in part on an understanding with the Board of Supervisors and past nuisance cases in which the county courts ruled the party guilty.
As a direct result of this case clarification was sought by Sgt. Murray of Calaveras Animal Services and the loophole is now closed in the update law that will be in effect June 22, 2012. What is reasonable will not longer be left to the discretion of any judge within Calaveras County and instead has been replaced by clear cut guidelines within the county's dog nuisance law.
What the new law states and how it can effect dog owners will be covered in the next article.
What the new law states and how it can effect dog owners will be covered in the next article.
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