Council considers problems of noise, rowdy dogs

Kalispell may be getting noise and vicious animal ordinances soon.

Council members heard reasons for such from city officials and residents at a work session Monday night.

Current city ordinances don’t give police officers much enforcement power when dealing with noises and vicious animals, mainly dogs, city officials said.

City Attorney Charlie Harball said the city doesn’t have a noise ordinance per se, but must rely on a disturbing the peace/disorderly conduct civil infraction that can be difficult to prosecute for “loud and unusual noise.”

City officials seemed to coalesce around a noise ordinance with a “plainly audible standard” instead of one that would require that the decibel level be measured.

Adjutant City Attorney Rich Hickel said noise ordinances are “not uncommon around the nation” and are “enforceable for the most part.”

Police handle more than 1,000 noise complaints each year from such things as stereos and mufflers, Police Chief Roger Nasset said.

Because the city doesn’t have a mandated quiet time (such as from 10 p.m. to 6 a.m.), “We find ourselves arguing with people” when officers respond to noise complaints, Nasset said. “We go back repeatedly because we don’t have anything that says, ‘This is the rule.’” 

Nasset said noise also is a safety issue. He related examples of being behind an offending vehicle when the driver couldn’t hear the police siren because the stereo was too loud. 

He noted decibel meters are very expensive and are only good for stationary noises.

A plainly audible standard would govern how far away, perhaps 200 feet, that a person with ordinary hearing could hear a noise.

Mayor Tammi Fisher said she could support an ordinance that results in a criminal infraction on the third or fourth conviction.

Council member Tim Kluesner wants a noise ordinance to apply to planes and helicopters flying to and from Kalispell City Airport.

During public comment, Scott Davis said if the city gets funding from the Federal Aviation Administration to expand the airport, the city won’t be able to have a noise ordinance applicable to aircraft.

In regard to a vicious animal ordinance, the city currently can only prosecute someone for having an “animal at large” when the animal bites someone. Allowing a dog to run at large is a misdemeanor criminal offense with fines up to $500 plus restitution.

Nasset related several examples of dog attacks.

In 2008, a 64-year-old woman had her ear bitten off by a pit bull. A 74-year-old man broke his femur while running away from a dog. A man was bitten in the face by a pit bull in the parking lot of a city motel. Additionally, two police officers were bitten last year.

“We’re seeing an increase in pit bulls and dogs bred to attack,” Nasset said. “I’m not here bashing pit bulls, but they have come to my attention.”

There are certain breeds one could require liability insurance for, he said.

“None of the owners [in the previous examples] had money to pay for the damage” done by their dogs. He added that it is not easy to detect a pit bull from a genetic test, however, so such an ordinance may rely on the dog owner being truthful about the breed.

Council member Kari Gabriel noted that Great Falls requires pit bull owners have liability insurance.

City Manager Jane Howington said the city cut its animal

control officer some time ago and the county only has a “few people in that role.” The city designated two police officers to be animal wardens. They have been trained and have since trained the other officers, she said.

Council member Bob Hafferman said more emphasis needs to be placed on the dog owners. “I feel sorry for many of these animals because of their owners,” he said. “We send people to DUI school. Maybe we should have something for irresponsible owners.”

Council member Randy Kenyon agreed.

“There are enough dog trainers in town,” he said. For a first or second offense, “Send them to dog training class.”

Gabriel said the city could require that an animal  be microchipped after the first incident so that a future owner doesn’t unknowingly purchase a problem animal.

During public comment, Phyllis Leonard said she was bitten by two dogs and had her clothes torn while walking on a city street. A week or so later, the dogs were on the street again, she said. Even though she had three witnesses, the police “didn’t want to do anything. We don’t feel safe in our neighborhood with these dogs,” she said.

Pauline Sjordal related an incident with a former neighbor who was evicted from a condominium.

The man would only let two vicious dogs out of the condo twice a day for 10 minutes so they to relieve themselves, she said.

“They use the dogs to protect” the things they have stolen and placed in their residence. In this instance, the droppings from the dogs was stifling and wasn’t picked up for six months to a year but no one would do anything about it, she said.

“Don’t talk about vicious dogs. Talk about what your drug addicts are using dogs for,” she said, noting the owner was often high on Oxycontin and later vandalized a local high school.

Rose Behrens confirmed the issue of the smelly droppings. “Neighbors can’t go out of their house [on that side] and have become sick from it.”

Chris Hall recommended people carry pepper spray to use on vicious dogs. But he added: “If you don’t want these noises, move out to the country.”

City staffers will work on drafting noise and vicious animal ordinances for council consideration, Howington said.