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Ask anyone who has ever lived near a constant barking dog and they might agree with the old saying: The bark is worse than the bite.
A few Saturdays ago at about 11 a.m. the dog on Lynn Petroski’s block started barking – again. "Woof. Woof. Woof. Constantly. Incredibly continuous and loud enough so that it’s fingernails on a chalkboard," she said.
The canine did not quiet until 5 or 6 p.m.
Petroski and her husband, John, who live near 16th Street and Oregon Avenue, have been living with the animal on and off for a decade. Both are homebound and disabled, their conditions requiring bed rest throughout the day. The constant yapping prevents their napping, Petroski said. The dog barks during the day and especially on weekend days, but not at night.
Petroski did not want to identify her block because "I don’t want my neighbor to throw a brick through my window," she said.
The Petroskis have addressed the issue with the dog’s owner.
"He said the dog was there to protect his neighborhood. We said we don’t want protection, we want your dog to shut up," Petroski said.
The couple is not the only ones who are at wits’ end. Many years ago the dog was yapping at midnight and a neighbor screamed, "Shut that ****** dog up!" Petroski recalled.
She said she knows where and when the dog owner works and he is putting his pet out while he is away.
Many people leave their dogs out when they go to work, the most common reason being they do not want the animal to go to the bathroom in the house, said Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA) Public Relations Director Charlene Peters. PSPCA is an agency that enforces the Pennsylvania State Anti-Cruelty statutes.
"It’s not a valid reason to leave a dog outside just because he has to go to the bathroom. Dogs can be housetrained," Peters said.
An adult dog can usually hold its water for eight hours, she added. Puppies and older dogs cannot, though. Options are available for people who do not want to leave their dog inside while they are at work. PSPCA recommends having someone come over and walk the dog or provide a dog crate for the pet.
The organization advocates crate training, but that works better when the animal is a puppy, Peters said.
IN RECENT MONTHS, when the Petroskis decided enough was enough, they called everybody from 911 to the mayor’s office for help.
Most people call 911 for barking dogs, said Sgt. Gregory Masi of Police Radio. Because 911 is for emergencies only, the operator transfers the caller to the Differential Police Response Unit (DPR), which handles incidents that do not require an officer’s physical presence. Examples include barking dogs, graffiti complaints and thefts under $10,000.
A DPR officer will take the report over the phone and advise the complainant to call the Philadelphia Animal Care & Control Association (PACCA), the sergeant said.
Depending on the information received, DPR will sometimes send an officer to check the situation if police believe the dog is reacting to a prowler, Masi said.
"Police no longer respond to [barking dog] calls. It’s not due to any apathy or insensitivity to that need," Fourth District Community Relations Officer Charlie Sarkioglu said. Police do come out for vicious or stray dogs as they are considered a public threat, he said. As a barking dog falls under a noise ordinance, it is the domain of the health department and, in turn, PACCA, which is under that department.
When Sarkioglu receives complaints about barking, he gives people PACCA’s number. If the caller provides the officer with the address of the nuisance house, Sarkioglu will deliver a PACCA brochure on tips for how to stop a dog from barking.
"Wars are started over this kind of stuff," he said.
Petroski said she doesn’t blame police for not dealing with barking dogs.
"There are so many more important things for them to deal with and they’re understaffed anyway," she said.
PACCA RECEIVES 10,000 calls a month from the public for animal control in the city – everything from strays to barking dogs, Executive Director Tara Derby-Perrin said. Over the last eight weeks, the organization has received 65 to 70 calls a month just for barking dogs, she said. Four agents cover the entire city.
The first thing PACCA does is send a letter to the nuisance dog’s owner via mail. That letter informs the owner PACCA received a complaint about their dog barking excessively and it cites the specific section of the Philadelphia Code of which they might be in violation, Derby-Perrin said.
A second complaint warrants another letter, stating it is a final reminder and for the party to take the necessary corrective action. In the instance of a third complaint, a PACCA agent pays a visit to the offending house. If the agent hears the dog barking and it is unprovoked – meaning somebody is not walking by or the animal is not disturbed by its surroundings – the officer can issue a $25 citation, Derby-Perrin said.
A second complaint following the home visit warrants another $25 ticket.
If a third ticket is given, the agent can request a hearing through the health department. The complainant must appear and it can take up to a year to get a case heard in Municipal Court, Derby-Perrin said. A judge decides the punishment.
Another option for residents disturbed by barking dogs is to file a private criminal complaint for $38, Sarkioglu said.
"They have the right to take the dog owner to court and petition the court to have the dog removed," the officer said.
In recent weeks, Petroski’s situation has gotten better and she credits that to PACCA letters.
Although most complaints go to PACCA, PSPCA also receives calls about barking dogs.
"We get these complaints every day. We have officers that go out and investigate these complaints," Peters said.
Agents receive, on average, eight to 10 calls a day throughout the city, the director said. Agents will go out and leave a warning notice, which people "usually adhere to," Peters said.
A new noise ordinance, if passed, could quiet nuisance barking dogs. In September, First District Councilman Frank DiCicco introduced the legislation, under which barking dogs would fall, legislative aide Brian Abernathy said. A public hearing on the bill took place Dec. 5.
Under the proposed legislation, a dog owner can be fined if a canine barks five times in five minutes and the sound is audible within 50 feet, Abernathy said. The minimum fine would be $100. Enforcement will fall to the police and health departments.
Just because an owner can be cited does not mean they will be, said Abernathy, adding discretionary power would fall to the enforcement agencies.
The current noise code, which does cover barking dogs, is "vague and unspecific and impossible to enforce" Abernathy said.
"The [city] law department and health department suggested we have some very firm guidelines as to what constitutes a nuisance," he said.
Added Petroski, "I know there is a law [currently] on the books that says you can’t have a barking dog but they forgot one minor detail: How are you going to enforce it?"
