Barking Dogs

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It’s that time of year when we love to open our doors and windows for some fresh air, or perhaps sit outside and enjoy the summer months. A constantly barking dog, however, can quickly shatter this relaxing image and make neighbors less than friendly toward each other. Some argue that dogs have the right to bark, but others argue that they have the right to enjoy peace and quiet. If you need help in determining where to draw the line, perhaps we can help with sample legislation that clearly defines how much barking will lead to disciplinary action. This legislation also includes a complaint procedure; and police are given the right to enter property and seize the dog. Soundproof buildings are also discussed. Read on if you need this type of regulation to keep the peace (literally!).

§ 88-10. Barking dogs.

1. It shall be unlawful for any person to confine a dog in an open-air enclosure, including a fenced yard, where its barking may disturb the quiet of the neighborhood after 10:00 p.m. or before 6:00 a.m. prevailing time. Said dog shall be confined within a relatively soundproof building with closed doors and windows during those hours so that any barking will not annoy, disturb, injure or endanger the comfort, repose, peace or safety of any individual in the township.
2. It shall be unlawful for any owner or persons responsible to said owner to permit the continual barking of any dog or dogs between 6:00 a.m. and 10:00 p.m. Continued barking shall mean the barking of any dog or dogs for a continuing period of 30 seconds or more on three or more occasions during any twenty-minute period.

§ 31-5. Howling or barking dogs. [Amended 8-11-1998, Ord. 98-341]

1. No person shall keep or harbor a dog which howls or barks in violation of this section.

   It shall constitute a violation of this section if the howling or barking occurs continually and is audible beyond the property line of the premises on which the dog is located:

   (1) For more than five minutes between the hours of 10:00 p.m. and 8:00 a.m.; or

   (2) For more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.; or

   (3) For a shorter duration than cited above, but on more than five occasions within a given ten-day period if attested to by complainants from two or more separate properties. It shall be a defense to such violation if the owner of the dog proves by a preponderance of the evidence that the only reason the dog was howling or barking was that the dog was being provoked by a person or was otherwise being incited, or was acting as a guide dog, hearing dog, service dog or police work dog.

2. In order to abate the nuisance created by a dog howling or barking in violation of this section, Dog Control Officers may enter the yard and may seize any such dog from the yard where the violation is occurring if the officer is unable to contact the owner or if the owner is unable or unwilling to take action to stop the howling or barking.

§ 65-14. Permitting dog to commit nuisance. [Amended 9-26-1972 by Ord. No. MC 2332]

1. No person owning or having the care, custody or control of a dog shall knowingly or negligently permit such dog to commit any nuisance, and more particularly and without limiting the generality thereof, any excretion of feces, upon any public sidewalk or other thoroughfare, or in or upon any public building or any paved approach to such building from the street, or in or upon any public park or public playground, or on any private property without the permission of the owner of said property; nor shall any person omit to do any reasonable and proper act or omit to take any reasonable and proper precaution to prevent any such dog from committing a nuisance in, on or upon any of the places or premises herein specified.
2. Any person owning, harboring, keeping or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of such property, shall immediately remove all feces deposited by such dog by any sanitary method approved by the local health authority.
3. Any person who keeps, owns or harbors a dog or cat on the owner's premises shall remove all feces that have been deposited by the animal on the owner's walkways, driveway, open garages and yard area within twenty-four (24) hours in temperatures below fifty degrees Fahrenheit (50ø F.) and within twelve (12) hours in temperatures above fifty degrees Fahrenheit (50ø F.) in an approved sanitary method. [Added 4-12-1983 by Ord. No. 2693]
4. Any person who keeps, owns or harbors a dog shall be required to restrain the dog, whether inside or outside of the owner's or guardian's property, from prolonged, continuous and unwarranted barking and howling any time of the day or night, so as not to annoy or disturb neighboring residents, nursing homes, schools, churches and hospitals. Complaints made by residents or persons who suffer from this type of noise may be made to the Department of Health and Welfare or, in the case of nonoperating hours of the Department of Health and Welfare, such complaints may be made to the Department of Police. [Added 5-10-1983 by Ord. No. MC 2699; amended 4-11-1989 by Ord. No. MC 2882]
5. The Police Department, in receiving such complaint, shall dispatch an officer to the location of the barking dog, and if such complaint is authenticated by the officer, the officer shall attempt to contact the owner or leave a written notice of the offense at the location of the owner or guardian of said dog. A notice of the police response shall be forwarded to the Health Department on the next regular day of operation. Neither the Police nor the Health Department shall reveal the identity of the complainant to the accused unless such is required by court action. [Added 5-10-1983 by Ord. No. MC 2699]
6. In case a barking dog complaint is received during regular hours of the Health Department, the Police Department shall refer the complainant to the Health Department. The Health Department shall cause investigation of the complaint and notify the owner regarding the complaint and shall advise said person that subsequent violations shall lead to further action by the township. [Added 5-10-1983 by Ord. No. MC 2699]
7. (Reserved)

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