Bee Investigator: Noisy neighbors, and Rovers roaming aisles

Stories about dogs always produce a lot of reader response.

When I wrote a few weeks ago about how Modesto handles incessant dog barking, a woman wrote a letter to the editor applauding Modesto Animal Control for the way its staff addressed her experience on the matter.

One man called me to say he handled his noisy canine neighbor by instructing it to stop, then throwing treats over the fence when it obeyed.

Other people had related comments and questions.

Modesto resident Phyllis Ashton is plagued by noise other than barking.

“We have people who blare their radios so loud at all times of day, and especially night, as they drive down the street,” she said.

As I mentioned in the Nov. 17 column, dog barking is covered under Modesto’s public nuisance ordinance.

It’s one of about a dozen noise violations, and this section includes loud and raucous use of radios, CD and tape players and phonographs – for those of you with hard-of-hearing neighbors who bump up the Glenn Miller Orchestra on vinyl.

While Modesto police might not investigate every noise complaint as diligently as its animal control officers do with the barking dogs, you can still call the non-emergency number to report a nuisance. For a list of valid noise complaints, search the city’s municipal code at www.ci.modesto.ca.us/ccl/municode, under General Noise Regulations.

Modestan Sue Imbert wants to know why she’s shopping alongside dogs while ordering pork chops at the Walmart on McHenry Avenue.

“Recently I saw a man with two medium-sized dogs in a wagon sort of thing in the produce/meat department,” she said. “I was told that Wal-Mart’s policy is to ask the customer if it’s a service dog. If they say ‘yes,’ then they let it go. Also, I saw a lady with a Yorkie in her cart. She said it was a ‘therapy dog.’ Seriously!”

I reached out to Wal-Mart to confirm whether that indeed was its policy, but never heard back.

I can imagine, though, that Wal-Mart wants to avoid getting sued over kicking out a person with an actual service dog that is helping him function or could potentially perform a lifesaving task.

There is no “doggie license” to confirm whether it qualifies as a service animal under the California Retail Food Code, but there are some criteria that serve as obvious indicators, said Jami Aggers, director of Stanislaus County’s Department of Environmental Resources.

First, the service animal must be a dog, not a bird or a cat or any other species.

And a therapy dog, regardless of whether it’s wearing a vest indicating as much, is not a valid service animal.

“The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks (performed by a service animal),” the code reads.

Another thing to consider: “Is the dog riding in a shopping cart, or is the dog walking on a leash?”Aggers said.

Chances are, the dog is not of much service if it’s being carried.

Under the retail food code, service animals assist individuals with impaired vision or hearing, those with mobility disorders or psychiatric and neurological disabilities, and perform other tasks such as retrieving medication, pulling a wheelchair or alerting to allergens.

Aggers said non-service dogs entering food facilities isn’t a huge issue here, but her department has gone from getting no calls on the issue to a few a year recently.

It addressed two complaints this year, including a Starbucks in Modesto that was keeping a bird as a pet.

If the problem ever gets too out of hand, there is a law in the California Penal Code against fraudulently misrepresenting a service dog, a misdemeanor that comes with a maximum penalty of six months in jail and a $1,000 fine.

As for pets in any other type of business that doesn’t sell food, Aggers said, “We don’t regulate other businesses (in respect to animals). We regulate businesses that have hazardous materials, but we don’t care if they bring their dogs to work.”

This story was originally published November 30, 2014 at 5:28 PM with the headline "Bee Investigator: Noisy neighbors, and Rovers roaming aisles."