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GWINNETT COUNTY

Lilburn man with 25 dogs gets 2 years’ probation for noise

Randy DeCarlo can keep the dogs, avoids 12- year sentence

The Atlanta Journal-Constitution

Friday, August 29, 2008

Howl-elujiah. All 25 beagles and basset hounds belonging to Randy DeCarlo would have joined in that chorus Friday, had they understood a judge’s ruling allowing them to stay put in their home.

DeCarlo had been facing stiff penalties — up to $24,000 in fines, 12 years in prison, and the possible seizure of the dogs — for 24 citations he was issued last year for violating Gwinnett’s nuisance noise ordinance.

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George Chidi/gchidi@ajc.com

Randy DeCarlo runs a hound rescue out of his Lilburn home. Neighbors complain that they are too noisy.

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   • Gwinnett County news

DeCarlo, a retiree who runs a state-licensed foster home for unwanted or abused basset hounds and beagles, was sentenced to two years on probation.

An attorney for the Gwinnett County Solicitor’s Office had asked that DeCarlo be limited to 15 dogs at his home in a residential area on Oak Road in Lilburn. Recorder’s Court Judge Patricia Muise ruled that DeCarlo can keep the dogs as long as he finds a way to limit their barking within 45 days.

DeCarlo was just pleased he won’t have to surrender any dogs, saying “I’m glad as long as they’re safe.”

The judge cautioned DeCarlo that his probation could be revoked and he could wind up in jail if future complaints are filed about the barking. Should he choose to move out of Gwinnett, the sentence will be dropped, the judge said.

DeCarlo’s Atlanta attorney, Anna Sumner, said she was “thrilled with the result” and added that DeCarlo will not hold grudges against neighbors who brought complaints against him.

Several neighbors testified during the bench trial that the hounds commonly bark for 15 to 45 minutes at a stretch when they see, hear or smell someone in the vicinity.

Susie Porter owns the house next door to DeCarlo and brought the initial complaint to Gwinnett County Animal Control last year. Porter told the judge that DeCarlo called her employer and threatened to ruin her career shortly after he was issued the citations.

She testified that she has been subjected to personal attacks ever since the case made headlines.

“For weeks I kept getting e-mails from people telling me they wanted me to be put down,” Porter said, her voice straining through tears.

Porter stressed that she is not a “dog-hater,” in fact she owns a toy poodle.

“We don’t want the animals put down, but I think it’s cruelty right there to have 25 dogs in a small area,” Porter said.

About half a dozen animal activists attended the hearing in support of DeCarlo. They said there is a fear among their community that owners of numerous dogs could be forced out of the county with the threat of similar citations.

“A lot of people, if government came knocking on their door, would shrivel up and go away. The dogs they rescued would die,” said Michael Babigian, who has also opened his Gwinnett home to foster dogs. “God bless Randy for being out there and standing up for what’s right.”

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By CVA

Sep 2, 2008 11:41 AM | Link to this

Thank you Susie Porter! I was shocked at the lengths a law-abiding citizen must go to to ask for help when a rude neighbor won't control the noise from their pets. The police would help if the neighbor were blasting music from a stero or running a chainsaw at 3AM. How is the constant barking of a dog any different?

By Becca

Aug 31, 2008 7:24 PM | Link to this

This man is a hero. Thank goodness the judge listened to reason. But still, two years probation for having dogs?? Aren't there any criminals in Georgia that need to be caught?

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