All schools in Upshur County will close at 1 p.m. today. All B-UHS sporting events today are canceled.

Upshur County Commission declines to enact barking dog ordinance

Theresa Servetas and her husband, Chuck Servetas, address the commission about a dog-barking problem Thursday at their weekly meeting.

BUCKHANNON – The Upshur County Commission decided not to enact a dog barking ordinance.

During Thursday’s Upshur County Commission meeting, two Upshur County residents, Theresa Servetas and Chuck Servetas, asked the commission if they had considered a dog barking ordinance. The couple attended the commission’s Aug. 13 meeting to complain about the persistent barking of dogs in their neighborhood, which often prevents them from sleeping at night, Theresa Servetas said.

“Since March, we’ve been trying to get something done about an ordinance, and all we’re asking for is the same rights people inside city limits have — an ordinance that if there are barking dogs, something can be done,” Servetas said. “We were told to come to the meeting, and we did on the 13th, and we were told that the dog officer (animal control/humane officer) would be sent out to talk to us and to the people.”

Servetas said Upshur Animal Control/Humane Officer Jason Knicely talked to them at their home and attempted to talk to the people in the homes with the loud dogs.

“He came out to talk to us, told us the people by the school were moving, which they haven’t yet because their dogs are still there, and even if they do move, somebody else will probably have dogs because they have these beautiful big kennels there for half a dozen dogs,” Servetas said.

“He told us that he went down to the Alton Road after, but nobody came to the door,” she added.

She said Knicely told them he would get in touch with the people he hadn’t reached yet and call them back with an update.

“He didn’t call us back,” Servetas said. “I called him over a week ago – probably almost two weeks ago – left a message on his voicemail, and he told us to call when these dogs were really barking.”

Servetas said she feels people who don’t live in the city should be able to have peace and quiet.

“It’s obvious that without the nuisance barking dog ordinance nothing can be done and they have one in town,” Servetas said. “We feel that anyone else living outside of the city limits is being discriminated against by not being able to have the same peace and quiet and relief from barking dogs.”

Commission President Terry Cutright said people live in the county to not be restricted by city ordinances.

“There are also rights that people in town don’t have that the people out of town do have, and that’s why a lot of people choose not to live in the city. Everybody has rights,” Cutright said.

Commissioner Sam Nolte said a barking dog ordinance is necessary in the city because homes are situated in closer proximity.

“The city is a little bit different from the county; people live extremely close to each other,” Nolte said. “It’s not uncommon to have a dog barking ordinance inside any city limits, but when you get out in the county, typically people are spread out. People want to live to in the county to have peace and quiet, but some people want to live out there so they can have their coon dogs or bear dogs.”

Nolte also said people have different ideas about what may be considered disruptive barking as opposed to regular barking.

“Everybody’s tolerance for barking dogs is a little bit different,” he said. “Obviously, you all have a situation where you live, and it’s really disturbing, but people live next to you and they might say it doesn’t bother them at all. That’s where it is tough with an ordinance. If you have someone that has zero tolerance for dog barking, is that going to be harmful to someone that has a dog that just barks every now then?”

Servetas said the dogs around their home are not just barking occasionally, but for almost five hours straight, and she is afraid the dogs are being abused.

“They aren’t being abused,” Knicely said. “They are getting fed very well. They have almost a trash bin full of dog food and they’re not skinny. I was also out there yesterday, and I drove by the house and there was no barking. I have talked to them and they said the only time their dogs bark is when the kids are outside playing, or when they pull into the driveway or when the mailman stops to deliver the mail.”

Upshur County Animal Control/Humane Officer Jason Knicely at Thursday’s commission meeting.

Before the Servetases left Thursday’s meeting, they asked commissioners if they had or would vote on the issue, and Cutright said since no commissioner had made a motion to vote to enact an ordinance, there would be no vote.

Share this story:

Local Businesses

RECENT Stories

Upshur County Commission partners with development authority, eyes $550k in grants for proposed rec hub

The Upshur County Commission partnered with the Development Authority and authorized applications for $550,000 in grants, as well as a joint property transfer, to support construction of the proposed John C. Allen Regional Hub recreation complex.

High Point Construction takes over lead in men’s golf league

High Point Construction took the top spot in the Buckhannon Country Club Bob Cupp Memorial Golf League after defeating Sam’s Pizza, while Highland Landscaping and Feola’s Flowers tied for second place.

Task force arrests three for selling Delta 8 to people under age 21, issues four additional warrants

After a year-long investigation, the Mountain Region Drug and Violent Crime Task Force arrested multiple individuals and issued warrants in Upshur County for allegedly selling Delta 8 THC products to individuals under 21.

ATV crash kills 65-year-old woman in Upshur County

Patricia L. Campbell, 65, of Ohio, died after being ejected from an ATV rollover crash in Upshur County on July 4; the investigation continues.

Willard Hampton Rice, Jr.

Willard Hampton Rice, Jr., 84, of Sandusky, a retired Ford Motor Company employee who enjoyed hunting and spending time with family, passed away July 3 and is survived by his wife, children, and grandchildren.

Buckhannon Banter: Get the local lowdown for July 2, 2025

This week in Buckhannon, local organizations plan events and clinics — including a big July 4th celebration — and several community initiatives aim to engage residents of all ages.

Emergency agencies stress need for coordinated incident plans during large events with road closures

Emergency officials emphasized the need for incident action plans and coordination with public safety agencies for large events that close major streets, citing upcoming car shows and other street-closure events to ensure fast, safe emergency responses.
BUHS Sports

B-U now in Class AAAA in all sports; moved to new South Region after WVSSAC restructuring

Buckhannon-Upshur High School will compete in Class AAAA — the highest division — for all sports and has been moved to the new South Region under a two-year realignment by the West Virginia Secondary School Activities Commission.

Stockert Youth and Community Center Board Meeting Agenda: July 3, 2025

The Stockert Youth and Community Center Board will meet July 3, 2025, with an agenda set to discuss organizational matters and upcoming events.