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Investigator Exclusive: Suburban homeowner arrested for barking dog

11:35 AM, Jun 2, 2010   |    comments
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Nancy Hocking, of Gilmer Lane, says she keeps the dog, Layla, for protection after several items were stolen from her yard in a condominium complex.

But neighbors, who have called police 10 times on the woman's dogs in the last two years, say the dog is nothing more than a menace.

"The dog (barks) all time...all day, all night," said neighbor Yevgeniy Sheynfeld.

The last time was May 22, when police arrested Hocking.

"The officer came back with the complaint signed," said Hocking. "He goes 'you're under arrest.' Hands behind my back. Didn't even read me my rights. Cuffed me...fingerprinted me... as any other criminal would be."

It turns out a second loud barking offense in Richmond Heights is a low-level misdemeanor that requires the defendant to be arrested and post bond.

"It's ridiculous," said Hocking. "It's making criminals out of dog owners."

But Lyndhurst Municiapl Judge Mary Kaye Bozza said the ordinance requires all defendants charged with such misdemeanors to post bond, not just dog owners.

"I follow the law," said Bozza. "This court follows the law. I don't have any personal feelings."

It might be the law in Richmond Heights, but Channel 3 News found it is out of the norm in other suburbs.

We called five cities and none of them say a second dog-barking offense as a mandatory arrest. Those departments determine how to handle dog owners on a case-by-case basis, and a couple could not remember anyone being arrested for owning a barking dog.

At least one of Hocking's neighbors was sympathetic.

"It seems a little crazy to get arrested for something like that after a second offense," said Steven Prior.

Hocking wonders where it will end. "If you get arrested on a dog barking, what do they do, put you in the electric chair if your dog bites?"

WKYC-TV