Barking Dog Sparks Nuisance Violation Charges

Residents of Copper Cove subdivision in Copperopolis claim complaints about a barking dog were called in to Animal Services beginning as early as April 2011. After multiple contacts with the dogs owners by Animal Services and citation issued the “barking did not cease.” According to one complainant a petition was signed by 6 residents on 9-30-11. Another petition was signed and hand delivered to Animal Services on 12-17-11.

Following the last dated petition Sgt Murray of the Calaveras County Sheriff’s Office Animal Services Division informed the petitioning residents that the signed petition changed the “infraction crime to a misdemeanor crime.” Sgt Murray further stated “I will prepare the report on this and send to the District Attorney’s office for prosecution.”

The District Attorney’s office received the report from the Sheriff’s Department concerning the nuisance violations alleged in the complaint against Elizabeth Diep on December 29, 2011 and filed the complaint with the court on January 3, 2012. The dates of the violations alleged in the complaint are December 12, 2011 through December 16, 2011.

According to the DA’s office Diep appeared for her arraignment on January 17th on Case No. 12C15286 and entered a plea of not guilty as to all counts. She indicated to the court that she would be obtaining an attorney to represent her in the case.  The next court date set by the court is a pretrial/trial setting conference set for January 30, 2012 at 2:00 p.m.

 Calaveras County has a Control Law which states in part: all dogs must be kept under the owner's control at all times.

In September 2010 a draft noise ordinance was placed before the Board of Supervisors for adoption. Chapter 9.02 Noise Control in part states that “excessive noise is a serious hazard to the public health, welfare and safety of the people of the unincorporated area of the County of Calaveras and is contrary to the public interest by interfering with restful sleep, communication, relaxation and the full use of one’s property…”