Posted on 01/15/2004 11:18:15 AM PST by Tumbleweed_Connection
A barking dog is a nuisance - even if officials can't prove which dog is doing the barking, the state appeals court ruled Wednesday. The decision stems from the case of a kennel that's been the source of more than 130 noise complaints. The owner, Frederick Acker, successfully argued to a Superior Court judge in 2002 that he could not be charged under the state's nuisance law because officials could not identify which dog among 50 was causing the racket. But the appeals court overturned that decision Wednesday. "The statute requires that we distinguish between dogs that bark and dogs that bark so much that they become a nuisance," Appellate Court Judge Anne Dranginis wrote. "It does not mean that the offending dog must be identified as Fido, Fifi or Filly." Requiring local animal wardens to identify one barking dog out of a group would render the law unenforceable, Dranginis wrote. Acker runs the Animal Adoption Network in Monroe, a nonprofit organization that finds homes for animals. He faces 19 nuisance cases, attorney Michael Meehan said. Acker did not return several calls seeking comment on Wednesday's ruling.
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