Kauai officials consider repeal of barking-dog law

Proponents of a Kauai County bill that would repeal the barking-dog ordinance say the law is flawed and cannot be enforced.

The Kauai County Council held a public hearing Wednesday on Bill 2589, which would repeal the barking-dog ordinance enacted in March 2014.

Councilman Ross Kagawa, who introduced the bill, said the law is ineffective.

“So far, 100 percent of the cases that have gone to court has lost,” said Kagawa. “That’s why I’m trying to repeal this law. It’s invalid. It’s not working.”

Under the county law, a dog owner faces a $50 fine for a first offense if the dog barks, bays, cries or howls incessantly for 10 minutes or intermittently for 20 minutes within a 30-minute period.

More than two dozen residents testified at the hearing.

Residents who oppose repealing the law said continuous dog barking in their neighborhood has diminished their quality of life.

Some shared audio recordings of incessant dog barking, saying the dogs often bark from morning through evening.

Jeff Dema, who supports the law, said repealing it would be a step backward.

“The ordinance has been working as intended,” he said.

Before the law was enacted, Dema had filed a lawsuit against his neighbor because of incessant barking.

“I felt trapped and felt frustrated,” he said.

Bill supporters insisted the law cannot be enforced.

Under the law, a dog can bark if someone is trespassing or threatening to trespass. Also allowed is barking when the dog is being teased or provoked.

Kagawa said Thursday it is almost impossible to prove to a judge that a dog is barking excessively and without provocation.

Some supporters described their dogs as 24/7 sentries.

“My three dogs, they protect our home,” Shyla Moon said.

If barking dogs are a problem, neighbors should resort to mediation such as hooponopono, said Lynn Aylward-Bingman.