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| Dog Barking Convictions Extremely Rare https://mail.paphospeople.com/ppforum/viewtopic.php?f=51&t=33893 |
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| Author: | clive of payia [ Thu Sep 06, 2018 3:26 pm ] |
| Post subject: | Dog Barking Convictions Extremely Rare |
From In-Cyprus Newspaper September 6, 2018 at 8:33am Quote. Proving in court that a barking dog creates a disturbance is difficult, with no such convictions having been achieved in Nicosia District. The law requires that there must be loud, continuous barking. But as Justice Minister Ionas Nicolaou said in a written reply to Green MP Yiorgos Perdikis proving this in court is difficult because prosecution must prove all six points in article 18 of the law. That is the prosecution must prove: 1. That the dog is over three months old 2. That the accused is the actual owner of the dogs, that is that he/she has acquired all the required licences 3. That the dog made a noise with loud, continuous barking 4. The behaviour of the owner to determine whether he/she allows or tolerates the continuous barking. If for example the owner attempted to calm the dog, then the specific provision required by the prosecution is not met 5. The prosecution must prove the public nature of the disturbance; that is there must be testimony from more than one witness 6. Evidence is required as to where the disturbance was caused; the distance between the plaintiffs from the dog creating the disturbance and whether the barking has affected the quality of life of residents Nicolaou said the above had been cited in a number of acquittals. The minister does not give figures of convictions of dog owners for causing a disturbance, but says that a check in Nicosia District had shown no such convictions. Some cases were taken to court but prosecution was suspended by the attorney general at the request of defence lawyers because of lack of evidence or because the complaint was withdrawn. Unquote. So many people in and around Peyia suffer sleepless or disturbed nights from continual dog barking emanating from both private owners and farmers alike. Some people have been forced to move house, or cannot sell or rent their property. Potential property buyers are now acutely aware of this nuisance and take the trouble to visit the neighbourhood at night or ask existing residence before buying. Those who rent their properties find that visitors don't return complaining of sleep deprivation; Peyia is losing vital tourist money. Late night/early morning barking can usually be put down to owners working in the nightclub industry and chaining dogs on balconies or in gardens whilst they are away. What can be done? Well from the newspaper article above not a lot legally. A polite word with the owner's usually just gets you abuse. The Mayor of Peyia is acutely aware of the concerns of many residents, but seems powerless to do anything about it. Some Municipalities I believe; dog ownership is restricted to one dog per domestic family but no restrictions for agricultural users. Could a Peyia bye-law be passed, enforced by the police, that after complaints about a dog it is kept muzzled, by soft, cloth muzzles, which does not harm to the dog, when owners are away. |
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