[ SHOWGSD-L ] OHIO: Justices deciding on loud-dog law

From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
Date: Wed, 12 Dec 2007 15:04:09 -0500
Interesting....
 Ginger Cleary,Rome, GA  ww.rihadin.com
The essence of Government is power; and power, lodged as it must be in human
hands, will ever be liable to abuse. ? James Madison
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.

  -----Original Message-----


  http://www.dispatch.com/live/content/local_news/stories/2007/12/11/loud_do
g.html?type=rss&cat=&sid=101


  Barking limits in Columbus
  Justices deciding on loud-dog law
  Tuesday,  December 11, 2007 10:48 PM
  By James Nash

  The Columbus Dispatch
  In Columbus, it's illegal to keep an animal that makes noise that's
"unreasonably loud or disturbing" to the neighbors or others.

  That standard, however, is in the ear of the beholder.

  And that's a problem, the lawyer for one dog owner charged under the city
ordinance told the Ohio Supreme Court today.

  The lawyer, Mark J. Miller, called on the state's highest court to declare
the city law unconstitutionally vague because it doesn't define
"unreasonably loud or disturbing."

  Does that mean city inspectors should prowl neighborhoods with decibel
meters to nab the worst canine offenders?

  Not necessarily, Miller said in an interview. The city doesn't need to
spell out decibel limits, but it should give some guidance as to the length
and intensity of barking that violates the law, he said.

  "No person of reasonable intelligence would know what unreasonably loud or
disturbing means," he said.

  Miller represents Rebecca Kim, who was found guilty of violating the city
ordinance when her dog, Lucky, barked for about 90 minutes at volumes loud
enough to be heard by her neighbor, Joseph Berardi.

  On the warm day in May 2005, Berardi's windows were closed and his air
conditioner was running. Still, Lucky's barking was loud enough to be heard
clearly over the din of air conditioning and conversation.

  Kim moved out over the dog-related unpleasantness, but she still feels
compelled to challenge the city ordinance because it and others like it give
disgruntled neighbors too much latitude to go after their pet-owning
neighbors, Miller said.

  "How loud is too loud when it comes to dogs barking in this great state?"
Miller asked Supreme Court justices in his opening argument.

  "As a pet-loving country and state -- we love our pets and our animals and
our dogs -- everybody has a different standard as to unreasonableness."

  Matthew A. Kanai, an assistant city attorney who represented Columbus,
said the current law actually protects dog owners against unreasonable
prosecution.

  "It's not based on the potential of a hypersensitive victim, but rather on
the character and intensity of the noise itself," Kanai said.

  Although the city health department can investigate noise violations, it
has only one employee and one decibel reader to do so, said Lara N. Baker,
chief city prosecutor, in an interview. The current law has served the city
well, she said, although she didn't have statistics on how many people have
been prosecuted under it. First-time offenses are treated as minor
misdemeanors; penalties escalate for repeat offenders.

  The Supreme Court got the case to resolve an apparent discrepancy between
two appellate court rulings. In one, coming out of Franklin County, a court
found that an ordinance prohibiting "unreasonably loud" music was specific
enough to be constitutional. In the other, originating in Trumbull County, a
court struck down a local barking-dog law as unconstitutionally vague
because it didn't spell out duration or intensity.

  The Supreme Court is expected to issue its decision in a few months.

  jnash@xxxxxxxxxxxx

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[ SHOWGSD-L ] OHIO: Justices deciding on loud-dog law

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