Neighbor "Scared" of My Dog, Calls Police Repeatedly

[quincy]

Thanks for sticking up for me, qunicy. I don't see how having my dog and *ONE* other dog, on occasion, in my home/on the property of my home/with me on leash, with no pay expected for watching that one other dog constitutes a "kennel." While the IRS might have issue with me in accepting a restaurant meal, gift, or an exchange of dog sitting without reporting it, the city has no rules that prohibit me from having *2* dogs in my private residence/on my private property/under my control without the expectation of remuneration, cash or in-kind, for watching the second. While several of these calls came over the holidays while my friends and neighbors were hurting for someone to watch their dog, so I often had another dog that wasn't mine in my house, this weekend's came when it was just me and my little boy, as it is about 50 weeks a year.

But, to your complaint about 911, qunicy, DC is a little weird in how you report issues. We have 911 and 311 and that's, basically, it. If you want an immediate response, you call 911. It took some getting used to for me, too, being raised in a place where you called 911 if it was an EMERGENCY (all caps warranted) and the police station if you'd just like someone to respond, at some point. Here, you want the police, you call 911. It's actually not as bad as it sounds because we have a well-staffed communications center with the power to classify calls. No one is put on hold when they need an ambulance because this "B" is calling in about a barking dog. I don't think her calling 911 was wrong because she called 911, but because of WHY she called 911.

Thank you for explaining the 911/311 difference in DC, JoDa. I actually think I might have known that at one time (but apparently I did not know it well ).***

I guess it is a bit reassuring to know your neighbor's calls are not taking the place of emergency calls but I am sure they are no less irritating - to you or to the police.

Good luck with the attorney-letter. I hope it works to stop the harassment.



***edit: Here is a link that explains the differences in DC between 911 (for police response) and 311 (for city services):
http://mpdc.dc.gov/service/hotlines-tip-lines-and-important-numbers

 

[JoDa]

I am sure they irritate the operators, but, from personal experience, the operators handle non-emergency calls well. A few months ago, a couple of older teenagers decided to take up residence on the picnic table we have in our yard and enjoy some "herbal refreshment." While I have no issue with their refreshment choice, I wanted them out of our yard, but wasn't about to confront them myself (my dog has a good case of Napoleon complex, but neither he nor I were *actually* a physical match for these teens). When I called 911 (as I said, I wanted the police), they asked me "what I'd like them to do." I said "have a squad car that is out on patrol roll by and ask them to leave the yard." She said: "no problem, I will ask them to roll by as soon as they can." 5 minutes later, the squad car stopped out front and the kids took off like a shot. Mission accomplished, by just re-directing the patrol. With that, I understand consolidating the help calls into central dispatching. They can move around emergency calls and courtesy calls in conjunction, so everything works well together.

 

[quincy]

I am sure they irritate the operators, but, from personal experience, the operators handle non-emergency calls well. A few months ago, a couple of older teenagers decided to take up residence on the picnic table we have in our yard and enjoy some "herbal refreshment." While I have no issue with their refreshment choice, I wanted them out of our yard, but wasn't about to confront them myself (my dog has a good case of Napoleon complex, but neither he nor I were *actually* a physical match for these teens). When I called 911 (as I said, I wanted the police), they asked me "what I'd like them to do." I said "have a squad car that is out on patrol roll by and ask them to leave the yard." She said: "no problem, I will ask them to roll by as soon as they can." 5 minutes later, the squad car stopped out front and the kids took off like a shot. Mission accomplished, by just re-directing the patrol. With that, I understand consolidating the help calls into central dispatching. They can move around emergency calls and courtesy calls in conjunction, so everything works well together.

Police operations sound efficient in DC. There is not even close to the same efficiency in Detroit.

 

[JoDa]

Also, I can't help but add, I live in a **CONDO.** If I were really running an "illegal kennel," I would be run out/out of business much faster by the Association than by any kind of city enforcement. My position on the Board is not going to protect me if I'm boarding large numbers of dogs/unruly dogs/ANY unreasonable dogs beyond my own on a regular basis. My building is 88% owner-occupants. They are NOT going to put up with ridiculous, unlicensed, dog boarding services. As I said, 48-50 weeks a year, it's just me and my dog, the rest are just a friends' or neighbor's well-behaved dog joining us while the owner visits family/vacations, without expected or demanded remuneration to me in any way. Telling, no one in my building has EVER complained about my dog or any dog I'm sitting as a courtesy.

 

[quincy]

Also, I can't help but add, I live in a **CONDO.** If I were really running an "illegal kennel," I would be run out/out of business much faster by the Association than by any kind of city enforcement. My position on the Board is not going to protect me if I'm boarding large numbers of dogs/unruly dogs/ANY unreasonable dogs beyond my own on a regular basis. My building is 88% owner-occupants. They are NOT going to put up with ridiculous, unlicensed, dog boarding services. As I said, 48-50 weeks a year, it's just me and my dog, the rest are just a friends' or neighbor's well-behaved dog joining us while the owner visits family/vacations, without expected or demanded remuneration to me in any way. Telling, no one in my building has EVER complained about my dog or any dog I'm sitting as a courtesy.

That all works to your benefit, JoDa, should you ever need to get a court order. Good luck.

 

[commentator]

My neighbors have suggested, and I kind of agree, that having the "favor" returned with the police knocking on her door for a harassment complaint might get her to knock it off.

From long observation of human nature, I would suggest that this will do nothing but ramp up the situation. (As Granny Clampett would have said, "The feud is ON!") Unsatisfying as it may feel, the best way to extinguish undesirable behavior in this situation would be to ignore it, and when it happens, don't appear to be disturbed and angered by it. There is a definite feedback loop that crazy people get in, and the more you agree to join them by engagement and reciprocating, the more rewarding they find the behavior, and the more they do it. I suspect if you hire an attorney and have the police knocking on her door, she won't knock it off. She'll pick up her things and march by your yard at a specific time that the dogs are there, straight to the bus stop and go look for an attorney and soon we'll be seeing you guys on Judge Judy. It'll cost you a lot more in time and stress and money than ignoring her and playing happily with your dogs would.

 

[quincy]

From long observation of human nature, I would suggest that this will do nothing but ramp up the situation. (As Granny Clampett would have said, "The feud is ON!") Unsatisfying as it may feel, the best way to extinguish undesirable behavior in this situation would be to ignore it, and when it happens, don't appear to be disturbed and angered by it. There is a definite feedback loop that crazy people get in, and the more you agree to join them by engagement and reciprocating, the more rewarding they find the behavior, and the more they do it. I suspect if you hire an attorney and have the police knocking on her door, she won't knock it off. She'll pick up her things and march by your yard at a specific time that the dogs are there, straight to the bus stop and go look for an attorney and soon we'll be seeing you guys on Judge Judy. It'll cost you a lot more in time and stress and money than ignoring her and playing happily with your dogs would.

While I think ignoring irritating people can work in some situations, I do not see that this is a solution to JoDa's concerns. Having the police show up at your residence on a regular basis is not only an annoyance, it starts to affect your reputation in the neighborhood after awhile. People start to make assumptions.

The neighbor is not stopping the calls. The police have not been able to get her to stop, despite letting her know that the dogs are not dangerous and that JoDa is not doing anything illegal. An attorney's cease and desist letter might get the neighbor to realize the seriousness of making false claims, or, if the letter does not work, an harassment order can put a stop to the nonsense.

 

[Ohiogal]

Ah, now that is something I didn't think of (but should have). Living in DC, I, of course, have a million attorney friends, and I'm sure I could find one to sign a "cease and desist" letter to her for a small fee (for anyone watching, an attorney cannot represent you for free without good reason). You are correct that legally backed threats often get results!

Actually you are incorrect. I as an attorney can represent anyone I want for free as long as I am licensed in the state in which they are in.

 

[quincy]

Actually you are incorrect. I as an attorney can represent anyone I want for free as long as I am licensed in the state in which they are in.

I noticed that comment but thought perhaps JoDa's attorney-friends might have said that to limit the amount of free help they needed to dispense.

As usual, I am ready with a link. Here is a link to "Hiring a Lawyer" in DC, a resource provided by the DC Bar Association that includes information on Pro Bono assistance and legal help available in the area for free or low cost: https://www.dcbar.org/for-the-public/hiring-a-lawyer.cfm

 

[OHRoadwarrior]

I would talk to the IRS. One who accepts gifts to watch the dogs of multiple people is certainly running a boarding business. OP is definitely in violation of several statutes governing the laws of boarding and another section of DC law upholds the right of a neighbor to call the city and complain of a business in violation, so she is not harassing you. In fact the city appears to clearly be on her side of your little business that creates a nuisance for innocent homeowners.

many of my friends and neighbors travel frequently and I watch their dogs for them...I am usually paid in gifts (a communal dinner out, a gift certificate to a favorite restaurant or bar, a nice local wine from where they traveled), so nothing formal) out in my fully-fenced yard, fully supervised (I am physically present in the yard with them).

35 ANIMAL BOARDING

735.1 An animal boarding use may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this section.

735.2 The animal boarding use shall not abut a Residence Zone.

735.3 The animal boarding use shall take place entirely within an enclosed and soundproof building in such a way so as to produce no noise or odor objectionable to nearby properties. The windows and doors of the premises shall be kept closed and no animals shall be permitted in an external yard on the premises.

735.4 The animal boarding use shall place all animal waste in closed waste disposal containers and shall utilize a qualified waste disposal company to collect and dispose of all animal waste at least weekly. Odors shall be controlled by means of an air filtration system (for example, High Efficiency Particulate Air "HEPA" filtration) or an equivalently effective odor control system.

735.5 The Board may impose additional requirements pertaining to the location of buildings or other structures; entrances and exits; buffers, barriers, and fencing; soundproofing; odor control; waste storage and removal (including frequency); the species and/or number and/or breeds of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property.

735.6 External yards or other exterior facilities for the keeping of animals shall not be permitted.

735.7 Notwithstanding §735.6, an animal boarding use existing on July 11, 2005, under a Certificate of Occupancy for a "Dog Care Center" or "Dog Day Care Center," may continue the use of an external yard for the keeping of dogs if approved by the Board of Zoning Adjustment pursuant to § 3104 and the requirements of this section.

(a) The yard shall be located and designed to create no condition objectionable to adjacent properties resulting from animal noise, odor, and/or waste.

(b) The applicant shall demonstrate that the external yard will be fenced off for the safe confinement of the animals.

(c) The applicant shall demonstrate that the external yard is located entirely on private property.

(d) The Board shall establish the hours in which animals may be kept in the yard, provided that no animals shall be permitted in the yard between the hours of 8:00 p.m. and 7:00 a.m.

SOURCE: Final Rulemaking published at 53 DCR 6363 (August 4, 2006); as amended by Final Rulemaking published at 54 DCR 8943 (September 14, 2007).

 

[quincy]

I would talk to the IRS. One who accepts gifts to watch the dogs of multiple people is certainly running a boarding business. OP is definitely in violation of several statutes governing the laws of boarding and another section of DC law upholds the right of a neighbor to call the city and complain of a business in violation, so she is not harassing you. In fact the city appears to clearly be on her side of your little business that creates a nuisance for innocent homeowners.

JoDa is, first of all, allowed to have more than one dog at her condo. She said so. Both the police and animal control have been out to her home and witnessed two dogs playing in the yard and have not cited her for any violation. In other words, JoDa appears to be running a dog kennel about as much as a parent is running a day care when their kids' friends come over to play.

Nothing that has been posted indicates her to be doing anything wrong. Why are you so intent on showing that JoDa is at fault here, OHR?

 

[OHRoadwarrior]

What part of her running a dog boarding enterprise illegally are you refusing to acknowledge Quincy? DC laws clearly address she is not permitted to do it where she is and I provided the boarding laws she is in violation for. She has come to this site, trying to claim she is the aggrieved party when it is clear, the facts and statutes prove different. The fact she has lied to the police and animal control saying she is just watching a friends dog is not relevant to the fact she is in violation of the law. DC law also clearly says a resident may complain multiple times to city agencies about such violations. The neighbor has just not realized what agencies she should be complaining to. The city zoning inspector and boarder licensing agency are the correct ones. That is okay though, let OP go to court on the harassment issue and the judge will likely figure it out and throw the book at her. She has committed multiple violations of the city codes and will likely be fined for them.

 

[quincy]

Also, I can't help but add, I live in a **CONDO.** If I were really running an "illegal kennel," I would be run out/out of business much faster by the Association than by any kind of city enforcement. My position on the Board is not going to protect me if I'm boarding large numbers of dogs/unruly dogs/ANY unreasonable dogs beyond my own on a regular basis. My building is 88% owner-occupants. They are NOT going to put up with ridiculous, unlicensed, dog boarding services. As I said, 48-50 weeks a year, it's just me and my dog, the rest are just a friends' or neighbor's well-behaved dog joining us while the owner visits family/vacations, without expected or demanded remuneration to me in any way. Telling, no one in my building has EVER complained about my dog or any dog I'm sitting as a courtesy.

Oh geez, OHRoadwarrior. Read what I have bolded above from one of JoDa's posts.

HOW is that a kennel under the laws in DC? The police don't think it is. Animal control doesn't think it is. The condo association doesn't think it is. Even the neighbor who likes to find things to complain about is not saying JoDa is running a kennel.

Why are YOU the only one who seems to think housing two dogs equals a kennel?

You are just inventing a problem where none exists and I seriously do not understand your purpose.

 

[LdiJ]

What part of her running a dog boarding enterprise illegally are you refusing to acknowledge Quincy? DC laws clearly address she is not permitted to do it where she is and I provided the boarding laws she is in violation for. She has come to this site, trying to claim she is the aggrieved party when it is clear, the facts and statutes prove different. The fact she has lied to the police and animal control saying she is just watching a friends dog is not relevant to the fact she is in violation of the law. DC law also clearly says a resident may complain multiple times to city agencies about such violations. The neighbor has just not realized what agencies she should be complaining to. The city zoning inspector and boarder licensing agency are the correct ones. That is okay though, let OP go to court on the harassment issue and the judge will likely figure it out and throw the book at her. She has committed multiple violations of the city codes and will likely be fined for them.

This is another example of you going off on an illogical tangent. The OP has had multiple contacts with police and animal control and has never been cited for an illegal kennel. A harassment case against the complainer CANNOT result in the judge "figuring it out and throwing the book at her"...you KNOW that so why in the world would you even go there?

 

[CdwJava]

What part of her running a dog boarding enterprise illegally are you refusing to acknowledge Quincy? DC laws clearly address she is not permitted to do it where she is and I provided the boarding laws she is in violation for. She has come to this site, trying to claim she is the aggrieved party when it is clear, the facts and statutes prove different. The fact she has lied to the police and animal control saying she is just watching a friends dog is not relevant to the fact she is in violation of the law. DC law also clearly says a resident may complain multiple times to city agencies about such violations. The neighbor has just not realized what agencies she should be complaining to. The city zoning inspector and boarder licensing agency are the correct ones. That is okay though, let OP go to court on the harassment issue and the judge will likely figure it out and throw the book at her. She has committed multiple violations of the city codes and will likely be fined for them.

Fine. Even if it were to be acknowledged that she might be in violation of the statute, it is clear that neither the police nor Animal Control have any interest in pursuing it. The OP may still have a valid harassment complaint against the neighbor if her reports are unfounded and intended to annoy, harass or vex the OP - even IF the OP was running an unlicensed kennel.

Oh, and a judge doesn't initiate charges. Even if this harassment issue were to go to court and the judge were to comment that it seems the OP was operating a kennel for 2 to 4 weeks each year, the judge hasn't the power to act on that.