The Kauai County Council has voted to muzzle the barking-dog law that opponents say lacks probable cause when citing a dog owner.

The council voted 4-3 Wednesday on Bill 2590, which would repeal the ordinance. The existing law took effect in March 2014. The bill will be sent to the mayor’s office. Mayor Bernard Carvalho has 10 days to approve or veto it.

Council chairman Mel Rapozo and members Ross Kagawa, Arryl Kaneshiro and KipuKai Kuali‘i voted to repeal it. Council members JoAnn Yukimura, Gary Hooser and Mason Chock voted against the repeal, supporting the existing law.

Councilman Ross Kagawa, who introduced Bill 2590, said the law is flawed because it bases the issuance of a citation solely on information from the complainant.

According to Executive Director Penny Cistaro of the Kauai Humane Society, a citation is issued to a dog owner based on a log sheet submitted by the complainant that indicates excessive dog barking upwards of 30 minutes. A dog owner is fined $35 for the first violation.

Cistaro said the humane society will continue to send educational packets to dog owners when they receive complaints despite the repeal of the ordinance.

At the meeting, Rapozo argued that the current law calls for no investigation from a third party to validate the complaint.

“Nobody gets cited or arrested unless there’s probable cause,” he said. “That’s what’s lacking in this law.”

Yukimura, who spent about three years drafting the language of the barking-dog law, said it addresses quality of life and sets a community standard that incessant, unprovoked barking is unacceptable.

Hooser said, “By repealing it, we take away the rights of people to complain and pursue the law that we now have. We’re leaving people without options.”

A majority of residents who testified were against the repeal.

Rapozo said he plans to introduce a comprehensive noise ordinance to include barking dogs.