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Soldier's Dad Wins Dogfight With County

Posted April 23, 2008

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— A Cumberland County man will be allowed to keep two dogs that belong to his son, who is serving in the Army in Iraq, county officials said Wednesday.

The decision was reached when Henry Carroll met with Cumberland County Manager James Martin, Deputy County Attorney Harvey Raynor and other county officials.

Carroll, a 45-year-old Army veteran, owns three dachshund-poodle mixes, and he took in two others when his son, Pvt. Adam Carroll, deployed eight months ago from Fort Campbell, Ky.

Soon after Carroll took in the dogs, a neighbor complained and said the animals often barked late at night.

Cumberland County limits residents to owning three dogs. Anybody with more than three dogs needs a permit to operate a kennel.

County officials said they would amend the ordinance . The proposed change would allow for up to six dogs if people could document that the extra three were being cared for temporarily.

The change would take into consideration circumstances like deployments or hospital stays.

Officials said the amended ordinance, which has to be approved by the Board of Commissioners, could be in place in 60 days.

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  • ohmygosh Apr 25, 2008

    The problem isn't with the neighbor who complained. The problem is with the dog owner. If dogs constantly barks, it is a no-brainer that it will be a public nuisance.

    They choose to ignore it-- possibly because there is generally no solution but to get rid of the beloved dog or keep it inside.

    BTW it isn't just night time. Daytime is a problem too. The owners chain their dogs outside and then go to work. Thus to them the dog is "no problem".

    Dog owners are like parents who can see no wrong in their kids.
    The problem is never with the dog but always with others.

  • kstor33 Apr 24, 2008

    TheAdmiral...I'm not exactly sure where "peaceful enjoyment" is in our constitution, but here it is in our North Carolina law:
    In this first link you can scroll down to "nuisance" and familiarize yourself with the law. The second link is if you still don't understand.

    http://legal-dictionary.thefreedictionary.com/Land-Use+Control

    http://law.jrank.org/pages/9614/Quiet-Enjoyment.html

  • Greyhound_Girl Apr 24, 2008

    Nuisance Animals

    According to the City of Raleigh Animal Control Ordinance, a nuisance animal is described as one that is:

    * Found repeatedly running at large;
    * Damaging property;
    * Fouling the air with odors;
    * Habitually making loud noises or barking;
    * Endangering the public health;
    * Vicious;
    * Causing unsanitary conditions of enclosure or surroundings, or; * Offensive or dangerous to public health by virtue of number or type.

    This is from the City of Raleigh Website...note #4

  • Greyhound_Girl Apr 24, 2008

    TheAdmiral...it's actually in most county/city ordinances..."the right to peace and enjoyment of your property..."

  • Greyhound_Girl Apr 24, 2008

    Amen kstor33 and that_girl; having lived next door to a barking, whining, howling dog for 3 years (all night, every night) I take the side of the whiny neighbor (as some put it). The fact that is missing from this story are whether or not the neighbor complained about the barking to the owner before calling the police.

    I politely approached my neighbor on a number of occasions about their dog howling, etc. at my bedroom window all night long and all I got was "...well, maybe you need to move to the country where you are not so close to your neighbor...". I found that to be "real neighborly". I eventually found out that the dog has not been to the vet in the 5 years they had it...no rabies...nothing. Nice pet owners....

    I don't live in that 'hood anymore...and am very happy to be gone!!

  • b4self Apr 24, 2008

    Glad this worked out for the dad and soldier.Yes dogs barking at night can be bad, but this is a temp arrangment and do you think bombs going off at night doesn't bother our Soldiers.

  • TheAdmiral Apr 24, 2008

    "peace and quiet is a right"

    Show me in the constitution where that is a right.

  • lilwil Apr 24, 2008

    So basically the County has said those folk who have to endure the dogs barking at all hours of the night have no rights.

  • TheAdmiral Apr 24, 2008

    Fortunately, I have a dog, and I have two neighbors dogs across the street. If someone they don't know is there - they bark. I don't mind it even at 3 am because I know they have their best interests at heart.

    Which also serves my interests. When they go nuts at 3AM I go and look to see what is going on. Often times it is someone who should not be there.

    You want to curb crime? The best defense is an outdoor dog.

  • that_girl Apr 24, 2008

    Well said, kstor33. I didn't see anywhere that the man with the dogs has agreed to be more mindful of the noise. Anyone who says "ah, just buy the jerk some earplugs..." has clearly never lived beside or near someone with barking dogs. It's disruptive, nervewracking, and frankly - rude.

    I'm glad that this man has had his rights to have the dogs recognized, but I hope he realizes his obligation to be mindful of his neighbor's rights to peace.

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