Three years after the case of Charlie and Mugsy came to the attention of Santa Ana City Hall, the tale of the alleged boisterous barkers has yet to be resolved.
At issue is whether the two English springer spaniels have disrupted life in the stately Floral Park neighborhood.
The owners said the dogs were no more disruptive than the average pet, but city officials considered the alleged canine clamor, dating to February 2002, a violation of Municipal Code Section 5-59, which prohibits "maintaining a noisy dog."
The city cited the owner -- an action that officials said they take a handful of times a year in Santa Ana.
Most people who receive complaints figure out a way to pacify their pets by bringing them inside, training them or using collars with electrical devices that emit mild shocks when the wearer barks, said City Atty. Joseph Fletcher.
"In this case, the owners refused to do that and the dogs continued to bother the neighbors," Fletcher said. "If you had a neighbor with an obnoxious dog, you would look to the city to do something about it."
So the city attorney's office on June 20, 2003, filed a criminal misdemeanor charge against the dogs' registered owner, Leanne Kieffer, on four counts -- for each day the dogs allegedly barked. Each offense is punishable by a fine up to $1,000 and a six-month jail sentence.
It was the first time in five years that the city had taken a dog owner to court over barking, Fletcher said.
Before trial, the court asked both sides to mediate their differences at the office of the Orange County Human Relations Commission. With attorneys waiting outside, Kieffer, her husband and the two complaining neighbors talked for three hours, discussing such things as the pros and cons of "no-bark" dog collars.
But it was to no avail, and the matter went to trial in Orange County Superior Court on July 1, 2003. Attorneys readied their cases; a jury was selected. The complaining neighbors reviewed their barking-dog logs. The Kieffers' veterinarian referred to records indicating that the dogs had no ailments that would cause them to bark. In trial, alleged victims solemnly answered Deputy City Atty. Lorenza Penaloza's queries about the loss of neighborhood peace and tranquillity and, as one man testified, that the quality of his life had deteriorated.
Kieffer attorney Michael Glover brought forward neighbors sympathetic to his client, as well as the veterinarian, Bill Grant.
