Can my Dog be taken away because She barks? What are the laws about dogs barking in Cincinnati, OH?

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February 3, 2010

ME @ 6:54 am #

I found this site

Here is some part of it

Union Township passes five-dog limit
The trustees in Union Township, (Clermont County, Ohio), approved a resolution that restricts dog owners to five pets and effectively limits new kennels in its jurisdiction. Proposed by Trustee Tim Donellon and passed unanimously on September 24, the resolution allows existing kennels and breeders to stay in business and excepts those who raise guide dogs and hearing-aid dogs; breeders who have a litter that temporarily brings the numbers above five, new veterinary clinics with boarding facilities, and hunters.

Donellon said that the township has received complaints about noise and odors that can be tied to numbers of pets. The township has a barking-dog ordinance, but Donellon said that it can be interpreted to mean that a single bark is unacceptable.

Dog limit laws are popular but have been ruled unconstitutional in two recent cases. In March 1994, a Pennsylvania appeals court ruled that a five pet limit is unconstitutional. The court decided that the ordinance did not require the city to determine that a nuisance exists if an owner has five pets and that, if multiple-pet ownership is in fact a nuisance, there are more reasonable ways to handle it than a limit imposed on all pet owners.

“What is not an infringement upon public safety and is not a nuisance cannot be made one by legislative fiat and then prohibited,” the court quoted from an earlier case. “Further, even legitimate legislative goals cannot be pursued by means which stifle fundamental personal liberty when the goals can otherwise be more reasonably achieved.”

The second ruling on dog limits came in Sauk Rapids, Minnesota, in August. The city had imposed a two-dog limit with permits available to own up to four dogs. Owners of more than four dogs when the ordinance passed were required to get permission from all neighbors within 100 feet of their property lines in order to keep their dogs.

[More on the Sauk Rapids, Minnesota case]

Dog limit laws are also easy to circumvent unless neighbors complain, leading dog owners to scoff at the laws and avoid licensing their dogs.

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jillolli @ 2:22 pm #

Barking is regulated on the city or county level of local government. Therefore in theory, we could have different barking ordinances in place for every city and county in the country, but we don’t. On the contrary, across the nation, most of those laws seem to be very similar.

The best way to learn about the barking law that applies to your area is to call the mayor’s office and inquire as to who handles barking dog complaints. Usually it will be the Department of Animal Control or, much less often, the Police Department.

But pretty much, for your neighbor to have anything done, She would have to get at least 2 other neighbors (a total of 3 households) to complain in writing. Once the complaint is filed she has to prove that it is unreasonable barking.

All in all, it is a VERY hard thing to get someones dog taken for barking. It sounds like just threats.

Try to do something to get along. Maybe build a solid fence so your dog will not be barking at ‘whatever’. Nothing worse then not getting along with a neighbor.

Good luck! And Don’t worry!

February 5, 2010

chetco @ 4:08 pm #

dog barking

I have used a no-bark collar with great results. I had an insessant barker, a Dobermann with a built-in motion detector. I got the collar from WalMart. I recently looked (for a friend) and they are running about $30. They are not cruel. They emmit a tone when your dog barks…..quietly the second bark, stronger the 3rd, and loudly the 4th. My dog quit barking in a few days, and now only barks when it’s important. BUT, take it off when it is raining. If it gets soaking wet, it shorts out and emmits the tone, even if the dog isn’t barking.
Be sure to aplologize to your neighbor, and tell her you are working on the problem. Contact your animal control, and ask them about their rules. Be sure and tell them you are working on the problem. That way if your neighbor does complain, they can tell her you are working on the problem. It is important not to antagonize your neighbor, as a grumpy neaigbor can be really troublesome.

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