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1999-05-12
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1999-05-12
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12/21/2009 2:43:10 PM
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The Court held that empirical data is not necessary to support the adoption of such an <br /> ordinance. The existence of alternative methods for resolving the problem or debates <br /> as to what is the best method for resolving the problems will not be a basis for <br /> declaring the ordinance unconstitutional. Choosing some number arbitrarily also will <br /> not render the ordinance unconstitutional as some number must be selected. Similarly, <br /> an ordinance prohibiting the keeping of more than three adult dogs in any residential <br /> home in the city's residential districts was upheld because it was rationally related to <br /> controlling problems of dog noise and odor as it affects health and general welfare." <br /> B. Barking dogs and other noisy animals <br /> Barking dog ordinances are often challenged under the vagueness doctrine. The most <br /> common problem with barking dog statutes, like other nuisance -like or disturbing the <br /> peace type ordinances, is the ordinance usually lacks some objective standard to <br /> indicate what is unacceptable barking or noise? These statutes come to depend on <br /> the personal threshold of annoyance of the complaining neighbor or investigating <br /> officer." These measures do not provide adequate notice to citizens of what is <br /> allowable and what is not allowable behavior? <br /> For example, the City of Edina had its barking dog ordinance struck down as it was <br /> not adequately defined? The ordinance prohibited the keeping of an animal which <br /> "by any noise disturbs the peace and quiet of any persons in the vicinity." The Court <br /> did not find there to be any well accepted, generally understood meaning of the phrase <br /> "disturb the peace and quiet." The ordinance did not provide any standard to measure <br /> annoyance of persons in the vicinity. The standard was based upon the personal <br /> senses of the enforcing officer and from this an average person of common <br /> intelligence would not be able to determine the prohibited conduct. This type of <br /> standard invites arbitrary enforcement of the law by officers. <br /> Therefore, a municipality should provide for some type of measure in their animal <br /> control ordinance that defines at what point an animal because a noisy nuisance. For <br /> example, many municipalities have decided that more than five minutes of continuous <br /> barking, whining, howling, etc. is a nuisance and a citation may be issued under their <br /> ordinance. <br /> C. Breeding moratorium <br /> Recently, mandatory spay and neuter legislation has begun springing up across the <br /> country. For example, San Mateo County adopted an ordinance mandating the spaying <br /> and neutering of dogs and cats within the unincorporated areas of the county unless <br /> the owner had a breeding license or, in limited circumstances, written certification <br /> from a veterinarian dispensing with spaying or neutering for health reasons. The <br /> stated purpose of this type of ordinance is the reduction of euthanasia of unwanted <br /> animals." <br /> Although the stated purpose of the ordinance is commendable, for the following <br /> reasons a municipality should exercise caution before adopting such an ordinance. <br /> First, despite the fact that this type of ordinance has yet to be challenged in court. the <br /> 61 CW n W Lb{ue of Miuwou Civa O 1499 <br /> LV'C :uS11TlV,lIIIU IJFA".VR \ IIILI <br />
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