Judge barks back at rural ‘neighbours from hell’
By Colleen Dane - Comox Valley Record - November 07, 2007 | | |

It may not be quick, but a court case win for the Comox Strathcona Regional District shows that current noise bylaws can work in addressing dog barking and other disruptions, said James Bast, manager of protective services.

“If it wasn’t for the perseverance and the patience of the witnesses ... we would not have been as successful as we were in court,” said Bast this week.

At the end of September, the CSRD won a long-form information trial against Ken Hamer and his mother, Audrey Hamer.

They had been taken to court by the regional district after repeated violations of noise bylaws on property near Oyster River in Electoral Area D — specifically regarding the all-night baying of cougar hounds left outdoors on the lot, and the running and maintenance of diesel trucks during early-morning hours.

“In my view, the defendants are not only inconsiderate ‘neighbours from hell,’ Mr. Hamer is downright malicious,” said the provincial court judge in his reasons for judgment document.

Bast said the case was a particularly bad one, where reasonable confrontations with the violator were not working.

“Every so often in bylaw enforcement you come across an individual who is very adamant about what they perceive as their rights and that can manifest itself as obstinance,” said Bast.

It’s the kind of situation the CSRD was trying to address for residents in the Comox Valley when changes were proposed to the regional district’s dog kennel bylaws.

Those proposed bylaws — which weren’t adopted by the regional district — recommended minimum parcel sizes for properties with four or more dogs, and restricted outdoor hours particularly overnight for those animals.

While some supported the idea as a means to address noise and cleanliness problems, other responsible pet owners and advocates said it would criminalize all owners — not just the bad ones.

While having different rules like those proposed in 2006 might have made this process go quicker, said Bast, they would still have relied on the same keys for the regional district’s success.

“If there were other mechanisms in place then there’s a possibility that the regional district would be able to assist these folks in a much more timely fashion,” said Bast. “In each case though we would rely on the witnesses.”

In this case, they were very diligent and effective ones, he said, who kept track of violations whenever they happened.

“As long as the regional district has the co-operation of the victims ... we can still accomplish this task.” .

“The prime objective is peace in the Valley.”

Char & Ziggy