LIMIT LAWS – MAYNARD COLLIE CASE

04|01|09 TheDogPress Barbara J. Andrews - The Maynard Collie Case of Feb. 2009 was  classic Dog Limit Law.  Part 1 involved a small NC town that sought to force a dog owner to give up her dogs following complaint charges brought by the neighbors the collie owner called “the neighbors from hell.”

Having received solid evidence from a reporter in the court room, we called Mrs. Maynard.  She was completely convincing so we decided to run the story.

We then received emails from residents who said coverage of the Maynard case was biased and inaccurate, alleging that she owned twice the number of dogs she claimed and that the barking collies were not “house dogs” as stated in our interview. We asked for substantiation as to the number of dogs she owned and received this photo. (click the photo to enlarge and see 9 barking dogs)

Well they say your eyes don't lie so in the interest of fairness and accuracy, we let the neighbor tell the story their way...

“I recently read that you were pretty much defending this woman. Anyway here is a picture dated just 4 months ago and she has 9 NINE LOVELY BARKING DOGS... AND she lost her State Appeals case last week.  So we Nashville NC citizens, all 150 that signed a petition to have her Barking Dogs removed, must have been right.”

There followed several email exchanges with Nashville residents.  One reader went on to state “You have NO IDEA what the residents of Nashville have been through because of Ms Maynard’s barking Collie Dogs. None of us hate dogs… actually the ones that took out complaints on Maynard all have dogs… I have a dog myself and love her as a child. The problem here is Maynard has NO RESPECT for her neighbors. She lets these dogs bark day and night. She boxes them up in this little 8 x 8 building/fence area the furthest point from her house and as close as she can to all her neighbors and lets them bark… she doesn’t want to hear them either… she needs to put them all under her own window for a few days/nights.”

Those allegations are the reason communities and neighborhoods form bad opinions about “dog breeders.” Too often, we are guilty as charged. But there is more to this story.  A lot more as it turns out.

Regulations and laws increase proportionate to the increase in our population. Personally, I am of the opinion that Americans should be allowed to do whatever they choose so long as there is no actual harm to others. That would include having as many animals as desired. But that is where “justice” becomes a grey area. The booming base when a car pulls up next to me with stereo blaring could cause me to have a wreck. Power saws, auto repair shops, junk yards, race tracks and unruly children annoy other people as much as barking dogs. Yet they exist and can not be shut down if “grandfathered” in.  Especially the children who pitch temper tantrums in Wal*Mart!  Such is life.

Nuclear power plants and military bases still exist in urban areas and people accept them because of the benefits. Animal lovers see no distinction and in fact, pets provide proven health benefits for owners. They teach youngsters about kindness and responsibility. Maybe that’s why urban crime rates are ten times that of suburban communities.

Factories still pollute streams and well water as do dairy operations. Pig farms produce malodorous environments but we appreciate the products, milk and bacon. More to the point, people buy property next to a kennel (drive-in movie, flea market, poultry farm, etc) and then complain.

In the collie case, it seems Ms. Maynard lied about the number of dogs she owns which brings into question her other statements during the interview. Perhaps that is not her grandparents property. Perhaps there were no dogs there before the neighbors moved in.

The NC Court Of Appeals upheld the lower court findings; http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/080847-1.pdf

The courts must regulate when neighbors can’t resolve their differences but those on the Bench should have logic and common sense in addition to the law books. We hope Ms. Maynard and her neighbors apply common sense  and respect for each other and find a solution which does not mean death for those collie dogs!

If in fact, this is just about barking dogs, all parties should agree to surgical debarking of the dogs instead of the arbitrary application of meaningless numbers. 

Evidence notwithstanding, TheDogPress stands firm on this; dog owners have the same rights as utility companies and factories. Barking dogs are indeed a nuisance and dog owners must respect their neighbors but there must be give and take because benefit vs. annoyance leaves no room for debate.

Dogs have been helpmates to mankind since the first primitive canines forsake the wild to become our best friend.  If we are really the superior species, it is up to us to find an equitable solution.