Fields On Mesa Council

Tuesday evening, August 19, the Costa Mesa City Council will vote on a new animal control ordinance imposing penalties on dog owners whose pets make any sound audible at the property line. At the last Council meeting, city staff indicated that they received pretty many calls regarding barking dogs, over seven hundred last year. Of those, ten escalated to formal complaints, three went to mediation and three citations were issued. Guess we need a new ordinance for those three.

While some council members suggested that the ordinance be worded to clearly address sounds normally associated with nuisance animals, such as barking or howling for long periods, Mayor Bever disagreed. He was adamant that the ordinance address any noise made by a dog, including knocking around toys, digging, or pushing his bowl around since those could also “drive you nuts”.

Make Your List

Now that the city is in the business of eliminating anything that could irritate anyone, they can start on my list: People driving 25 miles per hour in the 35 mph zone, and 35 in the 45 zone; people who walk two or three abreast at a snail’s pace down a sidewalk or store aisle; people who park across two parking spaces; power mowers; power edgers grinding and screeching against the pavement; fluorescent lights that flicker or hum; anyone playing Marco Polo for more than six and a half minutes; squealing roof turbines; kids kicking the back of the seat in front of them on an airplane or at the movies; their parents…

I’m just getting warmed up. The problem is, I’m sure I do lots of things that annoy other people. Heck, I even do things that annoy me when I realize I’m doing them.

Is the city going to regulate anything that irritates anyone? Will they make rules limiting how many minutes a day kids can bounce around a basketball in the front yard? Or play ping pong on the patio? What about constant gurgling from backyard fountains? Or pool cleaners? Or noisy skateboard wheels?

Next thing you know, they’ll be making rules against ball games in public parks. Oh, wait. They’re already doing that.

Maybe it depends on who finds what annoying.

Better be careful

If you live near Mr. Bever, be really careful. Don’t let your dog have any squeaky toys, any clunky toys, or anything that might possibly make any audible sound while playing. Stick moleskin on the dog tags so they don’t jingle, though if the city’s so concerned about eliminating any audible sound, they shouldn’t issue metal tags. Eliminate potential crunching noises by feeding only soft food--no Nylabones for your buddy. Get Fido a set of Ugg boots so his toenails won’t click on the pavement, wrap his tail in foam, and don't forget to glue bubble wrap to the sides and bottom of the dog dishes.

Still, just to be on the safe side, get a half a dozen sets of wind chimes in various pitches and timbers to drown out the sound of your dog’s breathing, lest anyone hear it at the property line. Better yet, just leave the leaf blower running.

Creative Financing in Costa Mesa

Recently, spending by the City of Costa has been outstripping revenues, but on July 15, the City Council declined to place any measure on the ballot to increase either the hotel tax or business licenses fees, both among the lowest in Orange County.

But don’t worry. They’ve thought of a new way to raise revenue.

Tonight August 5, the City Council will consider a new animal control ordinance which would result in a first time fine of $250 for a dog that barks for more than a half hour. Fines would escalate for subsequent offenses.

Of course no one wants to listen to a dog that barks for hours on end. Just as no one wants to listen to yowling cats, squawking parrots, or power tools for an extended period either.

But how do they define “barking dog”? Any dog that “barks, bays, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated.” Any noise audible? That could include panting, slurping from the water dish, or even thumping a happy tail against a wall or flower pot.

And why just dogs? The City would retain a part of the existing Code regarding animal noise “to ensure that any noisy animal which creates a nuisance can be addressed”. How is it that the existing code can “ensure” that “any noisy animal…can be addressed”, but cannot adequately address noisy dogs?

In eight years on the City Council I received complaints about noise from boom boxes, dive bars, dance clubs, party houses, leaf blowers, garage bands, the police helicopter, squawking birds, and even kids bouncing a basketball, but I don’t recall barking dogs as an issue. Watching council meetings, this does not seem to have changed much. Apparently our Animal Control officers are doing a good job using the existing ordinance.

It’s Not the Noise

Where noise is an issue, the City’s existing Codes address noise in terms of decibel (dB) levels and time of day. Under the existing Codes, noise over an extended time is limited to 55 dB during the day and 50 dB at night, a level 100,000 times the lowest level audible for people with good hearing. Leaf blowers may only be used during the day and are restricted to a maximum of 65 dB (incidentally a level normally exceeded by all but electric or battery powered leaf blowers).

The proposed ordnance makes no distinctions when the noise is created by dogs. Whether 2 pm or 2 am; 1 dB or 100 dB; it would all be the same. It wouldn’t matter if you kept your dogs inside or even had them de-barked (please don’t), since noise could still be audible.

And let’s face it, if this City Council were really concerned about noise, would we have at least six hours of whistles, pops and house-rattling booms every Fourth of July?

It’s the Economy

On the other hand, assuming that Costa Mesa follows national trends, there are at least 20,000 to 25,000 dogs in town. If even ten percent make “audible noise” for a half hour, that’s at least a half million bucks into city coffers. You’ve gotta admire their creativity, if not their common sense

Disputes between neighbors often play out at City Hall, usually through the venues of Code Enforcement and Animal Control. Often complaints regarding pets have little or nothing to do with the animals themselves and everything to do with problems between neighbors over some other issue. Would this become another hammer with which to beat up a neighbor?

Who Cares

But hey, who cares if the City makes money off the deal? I do. My current canine buddy is pretty quiet, but one can’t predict the future. My greater concern, though, is dog owners subject to draconian fines for even minimal noise, several orders of magnitude lower than noise levels acceptable for any other source.

We already have too many dogs at the shelters, a problem exacerbated by a rise in home foreclosures. It would be tragic if any dog owner felt forced to surrender a dog to the shelter as a result of this ordinance.

That’s sad. I think I’ll go pet my dog. Not too much, though. The thumping of that waggly tail might be audible.