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Highlands Today

DOG DAYS

Kathy Waters/Highlands Today

Dawg House Boarding and Grooming owner Mike Finch said that he lets out and walks dogs individually so that they don’t bark when they are around each other. He said he has taken several measures to reduce the noise from his clients’ pets.

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By Bill Rettew Jr. | Highlands Today

Published: February 2, 2008

LAKE PLACID — A dog is not always man's best friend — at least according to Leonard L. Jones, who said the noise generated by a kennel located about 400 yards from his home is driving him "insane."

"I can close the door, close the vertical blinds, close the curtains and still hear the dogs barking in my bedroom," said Jones. "I have a right to peace and quiet."

Jones and neighbor George Coyle both complained about the noise.

Vicki and Mike Finch, kennel owners of Dawg House, 69 Dawg House Drive, were issued civil citations three times for exceeding the Highlands County Noise Control Ordinance.

The citations were overturned by Magistrate Pamela Karlson, and because the code enforcement office contested those rulings, a rehearing is scheduled for Feb. 28.

Along with Jones, Coyle is separated from the kennel by 18 rows of orange trees and more than 400 yards away.

"My daughter and granddaughter have to wear ear plugs in order to sleep in our front bedroom — with the window closed and [air conditioning] on," wrote Coyle, when lodging a formal complaint. "This is an infringement on our right to a quiet enjoyment."

Mike Finch has owned the 17-year-old kennel for the past two years. The kennel owner pointed to a special exception granted on Feb. 5, 1990 as the centerpiece to his basic argument allowing a kennel in an agricultural zoning district.
That 1990 document, on file at the Highlands County Code Enforcement Office, and also held by Finch, reads: "A special exception was granted to allow the operation of a boarding kennel."

Finch said he recently spent in excess of $5,000 to help cut noise – directly in response to the complaints. New fans cost $800, insulation for those fans ran $2,000 and additional fencing was installed for $2,300.

"I could have paid Mr. Jones' rent for a year," said Finch. The kennel owner also said expenses rose – and additional work by staff was created – when the kennel started to walk dogs only individually, in a bid to reduce barking.
Daily lodging at the Dawg House for a hound costs $14 per day, or $22 for two dogs in the same run. Finch said 20 to 25 dogs are housed on most weekends and 60 to 70 dogs on holidays. From May to August, the kennel averages 35 canine residents.

Highlands County Ordinance 01-02-29, or Highlands County Noise Control Ordinance, defines excessive noise as: "Noise disturbance means sound which (a) is harmful or injurious to the health or welfare of a reasonable person with normal sensitivities, or (b) unreasonably interferes with enjoyment or normal conduct of life, property or outdoor recreation."

Beverly Singley, code enforcement officer, investigated the kennel on Nov. 26, 2007 and found the owner was in violation of the noise control ordinance and issued the Finches a citation.

From 7:40 a.m. to 10:45 a.m., on Nov. 26, the officer reported dogs at the five-acre property that were "barking, crying and howling continuously all morning while there."

The remark section of the report filed by Singley stated: "Found the noise level was extreme barking, for period of over three hours."

Finch argued that the community could lose a significant facility for pet boarding simply because Jones doesn't like dogs.

"The issue here is not decibel level," said Finch. "The issue is that Mr. Jones doesn't like barking dogs."

Finch said that since Jones rents the property, and knew about the kennel prior to signing and then renewing a lease, Jones should live elsewhere or deal with the dogs.

The kennel owner compared the situation to one where someone moves near an existing airport, and then complains.

"His obligation is to know where he lives," said Finch, after claiming that Jones and the county want to shut him down.

On Friday, while seated on the Jones' porch, the noise of regular barking was easily audible, while the dogs at the kennel quietly listened to an easy listening radio station.

"We don't want to hurt his business, we just want to get some respect," said Jones, who also suggested adding more sound barriers. "All we're concerned about is the noise."

Finch wondered if he spent $60,000 to build a 12-foot high concrete wall, whether the complaints would continue.

Jones also took issue with the decisions he said were made in favor of the Finches by Magistrate Karlson.

When asked, Finch said he had hired Karlson as an attorney in the past. Records on file with the clerk of courts show the magistrate was hired professionally as a private attorney by the Finches to assist with the purchase of the kennel two years ago.

Chris King, owner of Henscratch Farms and Winery, estimated he lives an eighth of a mile away from the kennel and has never heard a barking dog.

"I have no complaints," said King. "There's no noise. (The Finches) are good neighbors and helpful. Whatever we need, they help us."

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