LIVERMORE — At the Selectpersons meeting Tuesday night, March 28, resident Theresa Sol requested changes be made regarding barking dogs in the Dog Control Ordinance.
The request is a continuation of complaints Theresa and her husband, Dennis Sol, have made against Thomas and Michelle Wilson, owners of Baldwin Hill Beagles at 350 Hathaway Hill Road.
In October 2017, the Sols made complaints against the Wilson’s beagles. The following month, Livermore’s Dog Control Ordinance was amended to include penalties for first, second and third offenses. In June 2018, Animal Control Officer Richard Burton said complaints received about the Wilson’s dogs were unsubstantiated. In November 2021, Selectpersons considered removing the disturbing the peace section of the ordinance due to a lack of resources to enforce it.
“This issue of disturbing the peace by allowing unnecessarily, annoying, repeated barking or other loud or unusual noises that are coming from dogs is affecting communities across the State of Maine,” Theresa Sol said Tuesday. “Currently there are five towns and more dealing with this.
“This is not intended to impact individual dog owners who let their dog[s] do their business. I am aware that a reasonable amount of barking is expected and natural, but it is also reasonable to expect peace on your own property, particularly at night and protect the neighborhood from excessive, unnecessarily, repeated, uncontrolled barking which can be heard for miles. This ordinance is intended to create balance and guidelines that allow for peace in the community and neighborhood.”
Changes Sol proposes include:
• Under Section 3: Disturbing the Peace Prohibited – after “regardless of proximity to the property,” replace “through continued barking or howling.” with “disturbing the peace through unnecessary, annoying, yelping, barking or howling by any dog/dogs.” and remove time periods for sustained or intermittent barking, baying or howling (for more than one hour for the former and three continuous hours or more for four consecutive days for the latter).
• Under Section 7: Complaint – change “and/or Code Enforcement Officer” to “and/or any other agent of the Livermore Municipal Town” for who complaints must be made to.
• Under Section 8: Enforcement – add “Double the fines if disturbing the peace between 9 [p.m.] through 7 [a.m.]”
Sol spoke of waking up at night, trying to enjoy watching the sunrise while drinking coffee on the porch, or relaxing after a hard day’s work and hearing dogs barking. She then played a recording of dog’s barking from her cellphone. “This is what you hear constantly throughout the day,” she said.
“Anyone that knows the distance between my house and [the Sols] should know that that video itself is incriminating. The fact that she’s trespassing on my property, that is enticement for one thing,” Thomas Wilson said. “I own both sides of the road now. Of course the dogs are going to bark at her.”
Wilson said he would like to know what the Sols have cost Livermore taxpayers and have it publicized. “This has been going on for seven years and [officials] have all proved this wrong years ago and yet it continues.”
Side effects for dogs that bark include damage to the dog’s vocal chords, separation anxiety or boredom, digging, pacing, licking their paws or picking fights, Sol said. People can have heart attacks, it affects their heart, focusing, lack of sleep, Sol noted. “You are listening to this all day long,” she added.
Selectperson Brett Deyling asked Wilson if his dogs were healthy.
“Yes, my dogs are healthy, they have regular [veterinarian] visits,” Tom Wilson replied. Stephanie Heikkinen would verify the dogs are in excellent condition, he added.
“We follow all the rules,” Michelle Wilson noted. “I can provide vet references. We have two vets that we use.”
There’s no damage to vocal chords, no separation anxiety, Deyling asked.
“No. You can travel around the country and you won’t find any dogs in better condition than mine,” Tom said.
This is a waste of taxpayers’ money, Michelle said.
Sol said she didn’t know the procedure on how to change the ordinance.
Select Board Chair Mark Chretien said the Select Board votes to change it or if they don’t want to, a signed petition must be submitted. It has to go to the townspeople for final approval, he added.
When she asked how many signatures were needed, Deyling said it was a percentage of voters casting ballots at a recent election. It was around 100, Selectperson Scott Richmond added.
“I have sat out there for several hours at a time, I can say I have never heard [the dogs],” Deyling stated. “Mr. Burton, you have responded to calls for this situation on numerous occasions. You have investigated this at each instance when requested. What are your findings?”
“Nothing,” Burton replied. “I have sat down there for hours videotaping, surveilling, nothing. The agents from animal welfare, have done the same. So has the Maine Warden Service, police and sheriff department. We have spent way too much time down there, as well as Selectmen and code enforcement.”
Deyling asked how far the Sols’ home was from the Wilsons.
Probably more than 2,000 feet, my frontage from his land, Dennis Sol answered.
“So you are suggesting that you can hear the dogs in a volume that is excessive at 2,000 feet but Mr. Burton calling Mr. Wilson and listening on the phone wouldn’t be able to hear that same noise from his yard,” Deyling asked.
“My land abuts his property,” Theresa said. “If I am on his property I can hear the dogs. Mr. Burton calls Mr. Wilson first, Mr. Wilson shuts the dogs off.”
“You are contradicting yourself,” Thomas said. “You said I don’t make any effort to quiet my dogs.”
“You requested to come here to make an ordinance change,” Chretien said. “We are not here to fight. We are done.”
In other business, additional information was provided regarding the proposed beach ordinance for the town beach at Brettuns Pond. The ordinance will be considered when voters go to the polls Tuesday, April 25, for the annual Town Meeting which is to be held by referendum vote. Polls are open 8 a.m. to 8 p.m. at the Spruce Mountain Primary School. Copies of the ordinance are available during business hours at the Town Office/Fire Station Complex on Crash Road, will be at the school April 25.
If the ordinance passes, Selectpersons want a beach pass but are not considering a fee at this time, Chretien said. If there ever is one, it would just cover costs of the passes, he noted. The ordinance has to be passed first, Selectpersons didn’t want to have to keep amending the ordinance, he added.
Richmond noted the monetary agreement to provide fire services beyond mutual aid to Livermore Falls was ending March 31. “They have been getting people to respond to calls,” he said. “It has been a lot better.”
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