DUNWOODY, Ga. — A local business is taking the City of Dunwoody to trial to defend itself against what it says is unlawful use of power by the city.
In March, the City of Dunwoody and Camp Run-A-Mutt agreed to try out a new set of hours of operation to cater to a small number of nearby residents who had been complaining about the loud barking and other noise coming from the doggy day care.
Dawn Sperry and her husband opened the business in the back of the Shops of Dunwoody in May 2018. Sperry’s attorney, Gray Brantley, said they have a 10-year lease on the building, but that since March they have had to restrict the dogs to outdoor activities between 9 a.m. and 4:30 p.m. Monday through Saturday. He said those hours are not feasible.
The temporary consent order states dogs are not allowed outside for outdoor activities on Sunday except for a single, non-barking, supervised dog taken outside to use the bathroom. If a dog barks three times, it is to draw immediate attention from a handler, and if the dog barks a fourth time, it is to be restricted indoors for the rest of the day.
Camp Run-A-Mutt opened in the back of the Shops of Dunwoody in May 2018.
Before signing the consent order, Sperry had already taken several steps to be “a good neighbor,” including spending upwards of $10,000 in sound mitigation measures to address complaints. But, one or two neighbors have continued to complain, and the city isn’t budging on allowing Camp Run-A-Mutt to change its hours to 8 a.m. to 5 or 6 p.m.
Brantley said both parties met for a status conference on Sept. 14, where it was decided they would go to trial Nov. 15. Dunwoody spokeswoman Jennifer Boettcher said the step was expected.
“Attorneys representing the business worked out an agreement with the city earlier this year to address noise complaints by neighbors,” Boettcher said. “The judge put the case on hold for six months to evaluate the impact of the agreement. The business wants to change the agreement, so a trial is the next step.”
Brantley said Sperry has already tried everything in her power to resolve the issue to avoid getting to this point even while she has been offered little to no help from the city or the neighbors.
“There are neighbors who have been intentionally trespassing onto the property and taking videos of the animals and getting the animals all riled up on purpose so that they can take videos,” Brantley said. “We’re not going to stand for it. She has a right to operate her business in peace.”
Brantley said he thinks Camp Run-A-Mutt is exempt from any animal nuisance statutes based on the city code, and that Sperry is legally allowed to operate her business with dogs outside from 7 a.m. to 7 p.m. He alleges that according to several sound studies, the animal noises coming from the facility are within the acceptable ranges for the area they’re in.
“This business was not built and designed to be able to handle 100 dogs inside,” Brantley said. “Most people drop their animals off between 7 and 9 a.m. and don’t pick them up until after 5 p.m., so it’s actually a safety hazard for the employees to try to bring that many dogs in and out at one time.”
Brantley said if the city’s not going to work with them, then they’re going to enforce their rights.
“The city already has crossed the line,” Brantley said. “They’ve taken up the fight for these neighbors against a lawfully operating business, and my client is tired of it. At this point, she financially cannot afford to keep trying to try to be a good neighbor. She’s got to defend herself.”
Most recently in Atlanta, the City Council approved an ordinance to amend its “nuisance animal” law that allows the time a dog can persistently bark before the city steps in to stop the noise. Since 2018, Atlanta had allowed dogs to bark for 20 minutes or more before imposing a monetary fine.
Under the new Atlanta ordinance, dogs only have 10 minutes or longer to bark before their owners are fined. The city’s fines range from $150 for a first-time violation to $1,000 after four violations. Those making a complaint must live or work within a 1,000-foot radius of the property where the violation occurred, according to the ordinance.
A complaint will be accepted when either an animal control officer or sworn law enforcement have received from at least two unrelated adult witnesses living at different addresses, or from one adult witness, a recorded video showing the alleged violation.
The legislation was sponsored by Atlanta City Councilman Dustin Hillis, who said the former 20-minute or longer limit was unreasonable and difficult to enforce by animal control or other law enforcement officers.
