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lawsuite article -- Thursday October 23rd, 2008 lawsuite article -- Thursday October 23rd, 2008 Animal sanctuary faces battle in court after noise complaint Posted to: Chesapeake News Pets Close Slideshow Video: Animal sanctuary faces tough test. (Watch full size, embed and link.) Steve Earley | The Virginian-Pilot -------------------------------------------------------------------------------- Image 1 of 4 | Click for more Sammy, nicknamed "Sinatra," a Great Dane/hound mix watches the morning routine from his kennel at Web of Life Animal Outreach in Chesapeake. (Stephen M. Katz | The Virginian-Pilot) -------------------------------------------------------------------------------- View Larger Map By John Hopkins The Virginian-Pilot © October 23, 2008 CHESAPEAKE Web of Life Animal Outreach, a no-kill sanctuary on 7 acres in rural Chesapeake, faces a court battle after being cited as a public nuisance. The sanctuary's director, Jacqueline Van Horn, is to appear in Chesapeake General District Court on Oct. 28 to defend against the misdemeanor charge. A neighbor, upset about barking dogs, lodged the complaint last month. If the group loses, it could have to remove, confine or euthanize the dogs. The nonprofit was established nearly three years ago in the 1300 block of West Road, a pastoral setting where horses and other farm animals are commonplace. The rescue has carried out 540 animal adoptions since opening, but the rescue staff fears the nuisance complaint could derail their mission. "We try to be sensitive to everyone in the community because it is a community service," Van Horn said. "But quite honestly I don't know what else we should be doing. We chose this land because it was rural." The complaint was filed by Bernard E. Roche, who lives off Number Ten Lane, according to court records. Roche, contacted Wednesday, declined to comment prior to trial. The rescue is caring for horses, goats, rabbits, birds, dogs, cats, chinchillas, gerbils, a couple of emus, a baby deer named Lightning and a pig called Freckles. There are about 15 dogs on the property, including a few displaced from Louisiana after Hurricane Katrina. "Most of these animals would have been put down," said Kelly Becker, secretary and volunteer coordinator at the rescue. "We're giving them a second chance." It also is the temporary home for Joleen, a beagle whose owner is deployed in Iraq. Another boarder is Sky, a retired military dog who's done two tours of duty in Iraq. Bunker, another dog, has served in Afghanistan. Long-term military pet boarding is one of the services it provides. The property was formerly used as a horse rescue. Web of Life took over the site when the horse rescue moved out of the city to a new location. The animals are out from about 9 a.m. to 6 p.m. most days and then placed back in their kennels, said Bill White, the director's husband. Volunteer help has come from dozens of people, including Boy and Girl Scouts and church groups. Becker estimates she gets about 15 e-mails a day from people wanting to get rid of animals. The rescue, which depends completely on donations, can't possibly take them all. Button is one of the more recent dog rescues. Because of a life of poor nutrition, she has no bottom teeth. She had been locked in a crate in a garage for four years. "When we first got her she wouldn't come out of the crate," White said. "She was just afraid of everything." John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com Login or register to post comments ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules. Comments do not reflect the views or approval of The Virginian-Pilot or its Web sites. Comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Report Violation" link below the comment to alert an editor. Repeat offenders will be denied automatic posting privileges. Surely there can be a Submitted by elsie-eye on Thu, 10/23/2008 at 6:10 pm. Surely there can be a compromise of some sort...just wondering how the gentleman would feel about telling a deployed soldier on his return from Iraq that he was responsible for his/her dog being killed as a result of his complaint? report violation Relocate the Shelter Submitted by TeaRose on Thu, 10/23/2008 at 5:21 pm. By all means, the shelter should continue. I deeply admire people who provide sanctuary for homeless animals. If more homes are being built in the area, the property the shelter is on must have increased in value. Why not move it to a more rural area where the price of land is lower? For the same price, the shelter could have more space and build new facilities. I used to live in Hilltop, and could not stand the airplane noise. Consideration needs to be given to the homeowner, but under no circumstances should the animals be killed. That homeowner would have blood on his\her hands! report violation Barking Dogs or Gunfire Submitted by MN on Thu, 10/23/2008 at 3:37 pm. I wish all I heard was the sound of barking dogs in my neighborhood. Last week I called the police when I heard what sounded like a machine gun-turns out it was an AK-47. Maybe that explains the bullet I found in my yard. Yes-barking dogs would be a nice change. report violation What does the law really say about noise levels and times Submitted by barneyc73913 on Thu, 10/23/2008 at 1:58 pm. I would bet it gives some sort of time frames like maybe after 10 PM and as far as the noise levels I would bet its measured in decibels with levels one could really make an argument out of this a simple bark would deminish in decibels over any kind of distance with or without any thing blocking it or absorbing it I would put the man on the spot and offer to test or measure the sound levels where he finds it invading his quit zone I could really side with the man if he lived in the city where your not talking arces but feet and Im guessing this man does not have any animals himself because people in glass houses should not throw stones report violation j2d4 I suggest you take your own advice Submitted by 63impala on Thu, 10/23/2008 at 1:12 pm. and mind your own business. If that is what you expect others to do, then heed your own words. If you are not willing to do that then you can't expect others to do the same. If you don't wnat to listen to any others opinions...log off and don't come back to the page. This is an open forum where anyone can declare their point of view. Just because you don't agree with it doesn't give you the right to tell everyone to mind their own business... JMHO report violation for resq: sure no problem Submitted by 63impala on Thu, 10/23/2008 at 12:04 pm. the area is roughly 3600 feet by 2400 feet. You're correct; I used a measurement of area vice distance. Overall I would say the distance between Web of Life and the complaintant is less that a 1 acre parcel. As others have noted, this area, although rual, is populated by some large tracts and houses. Not sure how long the complaintant has been there but Web of Life has been there 3 years & I am assuming has not had much problems until now? Maybe due to an increase of animals for various reasons (economy?). My point was that this is not in the "middle of nowhere" as some might think but this is something that could(should) have been taken care of prior to involving the city...we know how they can be in their infinite wisdom!!! report violation Rescue Submitted by kstebritz on Thu, 10/23/2008 at 11:36 am. Why can't we all just get a long? Good Job for looking after God’s creatures. report violation Get a Life? Submitted by j2d4 on Thu, 10/23/2008 at 10:36 am. Excuse me folks but why do you BUY a house anyways ? TO LIVE !!! A Homeowner has EVERY expectation to enjoy HIS HOME ! Unless you have HAD to put up w/ a constantly Barking Dog, I suggest you keep your opinions to yourself ! Mind you, we're talking how MANY dogs? I imagine this Poor Soul has called Animal Control numerous time's and FINALLY got FED UP and filed the Complaint. Animal Rescue is Great, no problem with that. But, how many of YOU posting comments would FREAK OUT if it was in YOUR backyard? report violation Suggestion... Submitted by Samson on Thu, 10/23/2008 at 10:20 am. Plant a tree line and install a fence to help block the sounds. That would at least offer some damper to the barking, which can get on your last nerve, but at least these dogs are alive. report violation ummmm Submitted by resq on Thu, 10/23/2008 at 10:08 am. could you clarify your dimensions a little please? Acres are a measure of area, not distance so 2/3 acre by 1/2 acre don't make sense. report violation Guy has a right to peace. Submitted by Lores on Thu, 10/23/2008 at 10:02 am. Guy has a right to peace. Shut the dogs up. report violation Bernard Roche go and get a Submitted by williamb12958 on Thu, 10/23/2008 at 9:59 am. Bernard Roche go and get a life. let this sanctuary do its job. report violation What does politics have to do with anything? Submitted by dupont94 on Thu, 10/23/2008 at 9:48 am. Orion, this is not a political issue. Please save the political attacks for the other forums. Good grief! report violation Typical poor reporting by The Pilot Submitted by Orion on Thu, 10/23/2008 at 9:13 am. Yes, there are many unanswered questions among the liberal slant: How much of the seven acres is used for the kennels as compared to the other, larger wildlife? They mention it's rural; however there are many large houses on large lots in that area of West Road. The Pilot makes it out to be in the middle of nowhere when it is not (Google map the site and do a satellite view). Those houses have been there for at least 15 years, the sanctuary for three. I am sure people have lived there longer than that. Does this individual have all the necessary permits for such activity? I don't have a problem with this effort to aid animals, but when it encroaches on someone else's property (odor, sound, etc.) then something must be done. report violation Take this in perspective:Although this is a very rural area Submitted by 63impala on Thu, 10/23/2008 at 9:02 am. (I live close by) and Web of Life Rescue sits on about 7 acres, the distances involved here are smaller than you might think. The area bounded by West Rd, Number Ten Ln; Sentry Dr, & Herring Ditch Rd encompasses a space that measures about 2/3 of and acre by about 1/2 acre (roughly). By the story's facts, the compaintant lives "off of Number Ten Lane" so I take that to mean Sentry Rd. At the very best, his property is only 2/3 of a mile from the rescue property and since there is not much of a wind break of trees & such, & given that sound does carry across these pastures, it is possible that he is hearing a considerable amount of noise. But if his complaint was never taken to the crew at Web of Life & a solution discussed, then that would be "unneighborly". Folks in this area pride themselves on being good neighbors and watching out for each other & their properties. This guy should have tried a different approach first. If he did with no results then he has a valid complaint -but he isn't making any friends. Web of Life does great work. report violation People never cease to amaze me Submitted by elizabeths67024 on Thu, 10/23/2008 at 8:45 am. Of all the self-centered, frivolous lawsuits! I'm sure this gentleman would have preferred the city consult him before allowing a rescue shelter to be built. How cold do you have to be to take to court a no-kill, non-profit shelter simply because you are home during the day and the barking annoys you? The fees they are paying for their attorney would have been better used providing food and care for the animals that depend on them. report violation I echo vabeachgirl's sentiment Submitted by S.Rose on Thu, 10/23/2008 at 8:35 am. but I substitute the noun "jerk" with a more colorful metaphor. report violation Animal Sanctuary Submitted by katet43483 on Thu, 10/23/2008 at 8:34 am. Hello Fellow Bloggers, Before everyone starts lambasting Mr. Plough for simply wanting to enjoy life without the annoying sounds of barking dogs and whatever else might make loud noises in the sanctuary, perhaps a drive out to Chesapeake to listen for yourselves might be a good idea. I am fortunate to live in a semi country neighborhood which is peaceful, alongside a lake with geese, birds, racoons, squirrels and other beautiful creatures. It only takes one neighbors yelping dog to change my serenity. One dog makes about three start yelping back and forth. At least for me this is rare, and can be contained with a call to neighbors. Regardless of who lived there first, everyone deserves peace and quiet. Maybe the dogs need to move to a different shelter removed from residences. report violation I suppose that the horse rescue Submitted by resq on Thu, 10/23/2008 at 8:19 am. moved because of complaints also? when did the complainer move to the area? I will gladly send a pair of noise reducing ear plugs to the guy that complained. report violation Maybe Mr. Roche could help... Submitted by angelak on Thu, 10/23/2008 at 8:15 am. Regarding Mr. Roche, maybe he could come over and plant some trees, fast growing arborvitae that would help block the sound from the kennels. He would be giving back to the community and helping himself. Donate some chewy bones to shut their mouths, or if he is really feeling like spending, some bark collars. Perhaps the kennel should do these things anyway. 7 acres isn't much. It must smell and be loud, so I am not saying he doesn't have a reasonable amount of noise to complain about...but trying to solve the problem another way may be best for all. report violation shame on you, too Submitted by justanotheruser on Thu, 10/23/2008 at 8:12 am. Shame on all of you who are judging Bernard without having spent the past three years in his shoes. You haven't even heard his side of the story. What a bunch of judgmental finger-waggers we have around here. Honestly, the posting policy must allow third graders to post on here. Grow up. This article doesn't come close to providing enough info to make a judgment either way. report violation Agreed... Submitted by louranes20502 on Thu, 10/23/2008 at 8:01 am. The complaintant really does need to find something to do. Are you standing on your property line with a megaphone up to your ear to hear your neighbor? The sanctuary is on 7 acres so you can't be that close. Go volunteer to help them instead of complaining. report violation Thanks Submitted by trackermw on Thu, 10/23/2008 at 7:59 am. We should all thank Bernard E. Roche for reminding us that no good deed goes unpunished. Did he try contacting the rescue first and bringing his concerns to their attention? Did the police give a warning before this citation? If not, then shame on the police department as well for showing no trace of humanity. report violation Probably the same guy Submitted by suew58912 on Thu, 10/23/2008 at 7:58 am. ...who complained about the noise the hula-hoop lady was making. We have forgotten how to be charitable in this country. It's all about ME and to hell with everybody else. report violation Get a life! Submitted by robertj on Thu, 10/23/2008 at 7:43 am. Just how far is this person's house from the nearest dog pen?? report violation Evil Submitted by compassion on Thu, 10/23/2008 at 7:08 am. Whoever made this complaint is sick and evil and might as well make friends with Mike Vick. Web of Life is a wonderful rescue offering a valuable service and they chose an ideal setting for their rescue. If you don't like it, move! report violation Bark-Bark Submitted by BVB on Thu, 10/23/2008 at 6:13 am. I certainly don't blame the home owner for his actions,I appreciate the job the animal shelter is doing.The problem would seem to be centered around Mr.Bark-Bark,so neutralize that and problem solved.This is not the job of the homeowner,nor do I believe it is the home owners job to "go and get a life"? I think it is time for people to stop jumping on the band wagon before they themselves have put honest thought to the problem.I would also not believe the animal shelter would want to over burden the home owner either,especially when their premise is compassion and appreciation,isn't it? report violation Animals Submitted by bchcat1124 on Thu, 10/23/2008 at 5:21 am. Whoever filed this complaint should go live in the pasture. Get a life pal and leave the animals alone. report violation Baylee's dog made it to t -- Tuesday October 7th, 2008 dog doesnt like my playing |