Letter to the Editor: Manatee's No-Kill Resolution is a Killer for Landowner Rights, Property Values and Human Health

 To Whom It May Concern, 

Before we all walk away feeling so fine that the decision to make Manatee County a NO-KILL county (for dogs and cats, not humans) is agreed please take the time to investigate all the consequence and impacts. Remember there is no free lunch, there is going to be a price. Of course no one wants to admit who will be paying for the impacts especially on the human neighbors who are being forced to live next to these NO-KILL animal shelters where the ”saved“ animals are going to live. They have to live somewhere while there waiting to be recycled back into the community. Consider when every human goes home from a day volunteering with their favorite dog at the shelters, the neighbor’s are left 24x7 listening to the animals barking into the night.  This NO-KILL MODEL is flawed because it allows for ignoring the neighbor’s rights where these animals are to be housed. The current NO-KILL provision is no model for other counties to follow if it doesn’t consider the rights of man specifically exempting shelters from the county noise ordinance created previously for the protection of the neighbor’s living next to loud dogs. It’s a disaster in the making. It is totally unsustainable.  

All the consequences of the No-Kill resolution are NOT being addressed if the county can permit not for profit, private kennels to obtain shelter permits with no noise ordinance that protects its citizens. The noise provision (if you’re a shelter in an Agriculture zone) exempts dog and cat shelters from the noise ordinance. This is constitutionally indefensible since citizens are protected from noise pollution by the State and Federal Constitution. Noise is regulated by the EPA; a county cannot exempt itself to protect its citizens. 

My family has become an involuntary victim of this drama. One of these private, non-profit, No-Kill Animal sanctuaries has purchased a foreclosed property on Lorraine Road and become my neighbor. The Honor Sanctuary (permit awarded to an executive of Benderson Development Corporation) is in the process of moving in 75 dogs 100 FT from our family home property line. The current barking of even 10 to 20 of these dogs is largely uncontrollable, unstoppable and permeating into our home, our sleep and well being. My family has tried to live with it for the last 6 months but as one can imagine you can’t hide or ignore the sounds of dozens of barking dogs getting into your house. The county inspector who issued the permit said his hands are tied it’s an agriculture zone. The manager of the shelter offered to put a ”bush hedge“ to demonstrate his concern. I already put in a hedge 8 years before he cameÉ.. We’ve been living here for 13 years, the dogs just got here about 6 months ago. It’s a massive impact. 

As I read about this NO-KILL RESOLUTION in the Bradenton newspapers. I can’t help but see social and political feel good grandstanding without considering and respecting the rights of those paying the price, the homeowners living next to all these dogs especially in shelters. Showing your love and caring for little kids and animals is a sure historical vote getter for society’s appreciation, politicians and industry captains know this all too well. My personal irony in this story is that I am working in Haiti for a humanitarian organization largely taking care of the needs of abandon ”people.“ Only to come home to America and find my own home under attack (by more fortunate people) who are investing their time and money building houses to save abandon dogs and cats. As a friend of mine said, Karma has a strange sense of humor. 

We realize that very sensitive and well intentioned people are behind these animal sanctuaries, the No-Kill resolution is a political quagmire for the county commissioners. There’s no money to take care of all the abandon dogs, exaberbatted by the slow economy, so they have to kill at least 50% that nobody wants and society can’t afford to feed and house. To put in perspective, take a look at our country’s poor humans we quickly realize we cannot even feed and house our human brothers and sisters let alone all the abandon dogs and cats. Human abortion remains while we feel we need to save all the dogs and cats. When a society priorities saving dogs and cats over humans rights we have a problem much bigger then my home.  

We realize the dogs are innocent, we realize this ”problem“ is due to man’s vanity and outright human weakness. Since dogs can’t take care of themselves people are responsible and when people don’t do the job we have this mess with animals all over the place. Let’s keep this in focus, ownership of dogs is not a right it’s a responsibility. Shelters, public and private will try to find people to adopt all these abandon breeding animals but the mathematics’ of their fecundity will guarantee a constant overpopulation of these animals.

Consider:

• Seven dogs and cats are born every day for each person born in the US. Of those, only 1 in 5 puppies and kittens stay in their original home for his/her natural lifetime. The remaining 4 are abandoned to the streets or end up at a shelter. Source: The Humane Society of the United States.

• Each day 10,000 humans are born in the U.S. - and each day 70,000 puppies and kittens are born. As long as these birth rates exist, there will never be enough homes for all the animals. Source: Spay USA.

• Over $2 billion is spent annually by local governments to shelter and ultimately destroy 8-10 million adoptable dogs and cats due of shortage of homes. Source: Business Wire Features.

Considering the facts, shouldn’t the solution to this problem be shared more equitably especially by those who ”choose to save these dogs“ rather than impose them on Manatee County homeowners living in Agriculture Zones? Shouldn’t we be talking about the negative impacts of these ”saved“ abandon dogs on its citizens? This situation is becoming bizarre and rather warped when it comes to prioritizing our values towards each other (as humans).  

We have been dog owners for 30 years and have found joy, loyalty and companionship with the dogs we owned. However, we also found commitment, responsibility and necessary costs. Our society has to think about taking on this commitment of saving all the dogs and cats and spreading them out to even more people. My story is an example of one of the negative consequences. 

Who has the right and moral certainty to decide which citizen should make the sacrifice of their homes value and family’s health when it comes to ”saved abandon dogs“?  This means ”any“ citizen living in an Ag zone can lose their homes value, livability and risk to human health because the rights of ”saved abandon dogs“ is greater than those of the citizen taxpayer.  Whoever is making these decisions (of exempting dog shelters from the noise ordinance) does not pay the price of my property lost value or families health if a family doesn’t move away. . People that believe dogs shouldn’t be killed but placed arbitrarily next to neighbors who will lose property values and human health cannot be taken seriously. Their decisions have no impact whatsoever on themselves, they pay nothing. They have zero consequences of their choice and they are forcing their beliefs onto my family (and all A zone homeowners) by pushing these dogs into an unsuitable property next to a family’s home. Is there anyone who feels there is a human injustice here?  

If the NO-KILL RESOLUTION is to have any credibility and sustainability with the greater public it must demonstrate to the public that these places, these shelters for abandon dogs will be placed only on properties that have no domestic dwelling within XX,XXX feet.  Where there is no noise pollution on the neighbor. Obviously this requires better laws and managed permitting standards from the county.  If those people who feel strongly about dogs and choose to ”save“ them will simply have to drive farther to volunteer and find property that protects the noise pollution rights of neighbor’s.  

Thanks for listening,

Mike Picchietti 

Manatee County

For those interested to understand in more detail this problem please read onÉ 

No Kill Shelters Fine but not in my backyardÉ.

We realize, pressure is being put on the County Commissioners from animal rights activists. (see article Bradenton Herald., Manatee animal advocates sway county commissioners, by Toni Whitt June 17, 2011) Citizens with negative feelings or opinions for killing abandon dogs and cats feel that the county should not euthanasia (kill by lethal injection) the abandon dogs and cats. But these feelings for the dogs have a price; the can is getting kicked down the road for all citizens to pay more taxes to take care of all the abandon animals, you all are going to pay for the shelter? But guess what, the majority of citizens do not want to pay more taxes for the dogs. So the country is kicking the can again down the road right into my front door, our homes are going to pay buy loosing value and or lowering human health. 

This No-Kill Model is false without rights for the citizens being forced to live next to the barking animals. You are not solving the problem your just pushing the problem and cost onto others unjustly, a massive inequity bearing forced on arbitrary citizens to be involuntary chosen to live with and or near these dogs (and the noise pollution). Even in Ag zones you should not be able to discriminate levels of noise pollution. Levels must be protected by the State Constitution (See below). I can tell you from personal experience, dog noise is unnaturally irritating.

In my case, the Honor facility has not a sufficient land or distance buffer surrounding its boundaries to allow for allowing 75 dogs. The widths on the plots of land on Lorraine Road are relatively narrow i.e., only 200-300 FT from end to end. The properties are only 5 and 10 acre parcels. The Honor Sanctuary has only 7.5 acres of land to put all these dogs. Surprisingly for a real estate corporation of Benderson’s size and experience its shocking this was the best choice they could find for this land use? Putting 75 dogs 100 FT from a neighbors bedroom window. 

County Noise Ordinance   

The county noise ordinance No. 8-12 is exempting Honor Animal Shelter within the Animal Services ordinance No. 6-18., thereby taking away any noise protection on the number of dogs or the noise pollution (levels) it will cause its human citizens. Suddenly by the stroke of pen 75 dogs administratively don't bark anymore, no noise pollution if the government says so. I have purchased decibel level recording equipment it is empirical data, the levels are fact. This exemption has far reaching implications to property owner’s rights and human health in families living in Agriculture zones. In other words, in agriculture zones any Manatee County homeowner can lose the value of their home and risk dangerous noise pollution because permits are being given to animal shelters with zero protection ordinances regulating the negative impacts of these facilities to neighbor's. It’s happening to me. Something is very wrong here.  

Constitutional Rights

There are constitutional issues here, for example in *Rae V Flynn" 690 So.2nd 134 (Fla.3d DCA 1997), the court acknowledged that noise such as barking dogs was indeed a "nuisance." The reason why a certain amount of noise is or may be a nuisance is that it not only is disagreeable but it also wears upon the nervous system and produces that feeling we call "tired." That the subjecting of a human being to a continued hearing of loud noises tends to shorten life, I think is beyond a doubt." Another reason is that mankind needs both rest and sleep, and noise tends to prevent both."  

In Mark Bentley attorney for Gray Robison PA Tampa wrote a paper, An Overview of Noise Regulation in Florida. In Florida, the state Constitution sets forth the States policy concerning protection of its citizens from noise pollution. Specifically, Article II, 7 states that: "It shall be the policy of the stat to conserve and protect its natural resources and scenic beauty. Adequate provisions shall be made by law for the abetment of air and water pollution and of excessive and unnecessary noise..." In order to implement this aforementioned constitutional provision, the Florida legislature delegated authority to the Florida Department of Environmental Protection (DEP) to establish standards for "the abatement of excessive and unnecessary noise." see F.S. Section 403.061 (11) 2004  

The Florida Supreme Court has defined "nuisance" as: "Anything which annoys or disturbs one in the free use, possession or enjoyment of his property or which renders its ordinary use or occupation physically uncomfortable, may become a nuisance and may be restrained" *Knowles V. Central Allapataw Properties, Inc., 145 Fla, 123,130.   

Noise Levels

To provide perspective, quotes from the study, "Noise in the Animal Shelter Environment. Crista L. Coppola, Urbana Illinois., Journal of Applied Animal Welfare Science, 9(1), 1-7

"Sound levels in animal shelters regularly exceed 100 dB. Sound is measured in decibels (dB) and the scale is logarithmic, meaning that a 90 dB is 10 times the intensity of 80 dB and is 100 times the intensity of 70 dB. To put this in context, 95 dB is comparable to a subway train, 110 dB is a jackhammer, and 120 dB is a propeller aircraft; any sound in the 90 to 120 dB range is considered to be in the critical zone and can be felt as well as heard (Key 2000. In addition, noise produced by an individual dog barking can reach levels well over 100 dB. (Sales, Hubrecht, Peyvandi, Milligan & Shield, 1996).  The irony in this paper is that it was concerned with the welfare of the dogs (and shelter employee's) in the dogs case this noise pollution is serious since dogs hear 4 time greater than humans. The standard for human dwellings is 45 dBA. These shelters are harmful even to the animals.    

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The deleterious effect of long term exposure to the noise of chronic barking

The Deleterious Impact of Exposing People to Noise

Health Deteriorates as Emotional Distress is Fostered and Functioning is Impaired 
This link will take you to the index of a website that features noise-related information provided by the World Health Organization. Once there, click on Adverse health effects of noise. There you will learn that intrusive sound, like that of a barking dog, constitutes a potent stressor that can result in increased blood pressure, essential hypertension, increased heart rate, ischemic heart disease, headaches, nausea, an altered blood flow, changes in blood viscosity and blood lipids, and shifts in electrolyte balance, along with elevations in gastrointestinal motility. In addition, according to WHOM, exposure to noise increases drug use, fosters substance abuse, and promotes anxiety, stress, irritability, depression, aggression, interpersonal conflict, and sexual impotency.

Understanding Systemic Noise Trauma 
Written by the Barking Dogs Webmaster, this page will tell you how and why noise injures people and under what circumstance noise trauma occurs. In addition, it contains an explanation of why some people are traumatized by noise while others are not.  

Poster: The Symptoms & Side Effects of Force-Feeding Noise into the Domestic Environment 
This link will take you to the Noise Exposure Chart subsection, where, along with an explanatory page, you will find a chart, created by the Barking Dogs Webmaster, that lists the symptoms and side effects of chronic noise on those who suffer with it being forcibly projected into their homes, from the immediate impact to the end organ damage that often stems from long-term exposure.  

Debilitation Sets In as Every Aspect of Domestic Life is Degraded 
Also written by the Barking Dogs webmaster, this page provides an overview of how chronic barking and other intrusive noise impacts the health, happiness, and general functioning of those exposed to it.  

Illness and Emotional Distress are Potentiated 
The United States Environmental Protection Agency Office of Noise Abatement and Control published this article that cites noise as a significant contributing factor to heart and circulatory disease, as well as possibly serving to impair immune function. It goes on to discuss the psychological impact of chronic noise, including an examination of the process by which annoyance over noise can result in extreme emotional responses accompanied by equally extreme behavior.  

Health and Well-Being Are imperiled 
By studying the impact that chronic noise has on people in hospitals, researchers from Johns Hopkins University have drawn some important conclusions that can be extrapolated to those subjected to the noise of chronic barking. The Johns Hopkins team concluded that, among hospital patients exposed to varying degrees of noise, that the extent to which the people suffered rose and fell right along with the noise level, as did their blood pressure. They also found that noise contributes to errors, interferes with healing and recovery, and has the potential to trigger inflammatory responses. However, that should come as no surprise since European studies, also cited in the article, found that exposure to high noise levels increases the risk of heart attack by 50% for men and by 75% for women.  

Heart Attack Risk is Significantly Increased 
Researchers from the Institute for Social Medicine conducted a research study that demonstrated a clear, mild-to-moderate link between exposure to chronic noise and your likelihood of experiencing a heart attack. Remarkably, the research team found evidence to show that, even if noise does not annoy you, it may still be hurting you.  

Sleep is Disrupted, Possibly Leading to Severe Physical as Well as Emotional Impairment 
The British Journal of Occupational and Environmental Medicine published research with implications for everyone kept awake by noise. Their study clearly indicates that by allowing your barking dog to interrupt your neighbor's sleep, you may be impacting his judgment, impairing his coordination, slowing his reaction time, and dramatically increasing the chances that he will meet death or injury on the highway. Moreover, the British Medical Association has warned that, by allowing your barking dog to disrupt your neighbor's sleep, or by disrupting his sleep through any means for that matter, you are also greatly increasing the chances that his days will be marred by psychological suffering as he is overtaken by acute stress, anxiety, and depression.  

When sleep is Disturbed, Risk of Stroke and Heart Attack is Increased Significantly 
According to The European Heart Journal, the sound of a barking dog, or other noise, or anything else that reduces the amount of sleep you get to less than seven hours per night, greatly increases the chances that you will suffer a stroke, and/or a heart attack.  

Stress Develops, Further Imperiling Health 
Researchers from Sydney's Garvan Institute published a study in the Journal of Experimental Medicine showing that stress often results in the release of a hormone called neuropeptide Y (NPY). NPY serves to prevent the human immune system from functioning properly, which can result in colds, flu, and even cancer. We know from other empirical research cited on this page that noise creates stress. Now we know that stress fosters illness. Thus, all doubt has been removed. Prolonged exposure to noise, like that of a barking dog, can make you very sick.  

Violence and Rancor are Frequently Generated 
One of the most pernicious side effects of exposing people to chronic barking is the rancor and violence that so frequently follow. In an effort to demonstrate that phenomena, we have created this link which will take you to the Barking Dog News, where you will find stories of violent posturing, murder and mayhem that resulted when unworkable "anti-barking" laws forced people to square off with their neighbors - and try to settle it themselves.  

The Health Effects of Environmental Noise - Other than Hearing Loss