City dog ordinance / Disturbing the Peace

[justjess]

I have questions regarding my City's dog ordinance, as pertains to "disturbing the peace." The ordinance reads:
"It is unlawful for any person, owner or possessor of a dog, to suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, howling, whining, or making any other loud or unusual noises."

There appears to be no further definition of "disturbing the peace."

My question is, is my dog allowed to bark at all? Can the zoning of the property have any relevance, being commercial rather than residential? We live in a neighborhood that is NEVER quiet due to heavy traffic, dynamic braking, and a train with a crossing less than a block away. Will this have any factor in what is considered "peace," in this area?

 

[seniorjudge]

Q: My question is, is my dog allowed to bark at all?

A: You really should be asking the city attorney these questions.

 

[CdwJava]

Keep in mind that most city ordinances are very vulnerable to legal challenge, and most were written 50+ years ago. This is one of those that probably COULD be defeated if someone had the time and money to challenge it ... but, most people do not feel that spending thousands on attorneys to avoid a $100 fine is worth effort, so they are NOT challenged.

That being said, as SJ suggested, contact the city attorney and ask for clarification so that you can avoid violating it again in the future.

- Carl

 

[justjess]

Thanks, SeniorJudge and CdwJava!

 

[Duranie]

All dogs bark. I think the problem is if you have a dog that barks for more than a minute or 2 at night or when people are trying to sleep. I know i have had issues with my neighbors dog barking and howling in the middle of the night and early morning. Unless the dog does it for mor than a couple minutes, it doesn't bother me.