What is the law concerning barking dogs?
On August 22, 1995 Austintown Township Trustees adopted a resolution authorizing the control of dogs with Austintown Township. In particular, this resolution covers Barking and Noisy Animals and Unsanitary Conditions.
Ohio Revised Code 955.221
Section 1-Barking and Noisy Animals: No owner, keeper or harborer shall keep or harbor and dog which howls or barks or emits audible sounds which are unreasonably loud or disturbing and which are of such a character, intensity and duration so as to disturb the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
Section 2-Unsanitary Conditions: No owner, keeper or harborer shall keep or harbor any dog in the township so as to create noxious or offensive odors or unsanitary conditions which adversely impact the health, comfort or safety of the public.
Section 3-Penalties: Any violation of this resolution shall result in a minor misdemeanor. Each day of continued violation constitutes a separate offense. Fines levied and collected for violation shall be distributed to the treasury of the county, township, or Municipal Corporation whose resolution or ordinance was violated pursuant to division (C) of Section 1907.20 of the Ohio Revised Code.
Officer(s) arriving at the scene will conduct an interview with the affected parties. In Addition officers will determine if the sound or barking is unreasonably loud or disturbing. Officer(s) must take into consideration the time of day and what is going on around the dog (i.e.: storm, animals, children playing nearby). Officer(s) will check to determine if any other calls regarding the barking dog(s) have been reported and at that point determine if a citation is to be issued or a warning explaining that in the future any further disturbances could result in a citation. The public must understand that the Officer must hear the dog barking and determine it to be excessive in order to issue a citation. A minor misdemeanor citation cannot be issued without the officer witnessing the violation.
In regards to unsanitary conditions, the officer will follow the same guideline as listed above but with the standards of noxious or offensive odors or unsanitary conditions.