LIHUE — The first two cases to be assessed with the barking dog ordinance were not resolved in Kauai District Court.
Neither of two defendants, Michael Seymour and Toby Imperial, showed up in court last Wednesday.
A first offense for the dog barking ordnance is a $35 fine, and $75 for a second violation if it occurs within 90 days of the first.
A third offense within 90 days can be a fine of $100 to $300 at the court’s discretion.
The court may order the owner to put the dog through a training class in lieu of the fine.
Failing to comply with the court’s order can lead to a petty misdemeanor or misdemeanor contempt of court charge.
No bench warrants were issued for the non-appearance of the defendants. The cases were referred to Project Contempt, a program run by the Intake Service Center.
The program begins with call to people who miss their court dates in an effort to attend a rescheduled appearance.
This alternative to issuing bench warrants is used when the defendants do not have a history of missing court.
The barking dog ordinance was introduced by County Councilwoman Joann Yukimura in 2013. It was passed by the Council in March.
The ordinance states that barking, whining, howling or crying dogs are considered unreasonable when occurring intermittently for 20 to 30 minutes, or continuously for 10 minutes.