New rules will put bite into barking-dog law

A fourth offense could be punishable by a fine and jail time.
& lt;a href=mailto:slshaulis@vindy.com & gt;By SHERRI L. SHAULIS & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
NILES -- Council plans to strengthen legislation in an effort to respond to residents' complaints about barking dogs.
Council introduced an ordinance Wednesday that more clearly defines a barking or howling dog, sets time limits before barking is considered excessive and stiffens penalties for owners of such pets.
Councilman Steve Papalas said the language changes were needed after the state appeals courts dismissed charges against dog owners cited under a similar law in Warren.
In their ruling, the judges wrote that the legislation was too vague in its description of "unreasonably loud."
"We tried to include language in this that might be agreeable to the judges in the appellate court," Papalas said of the revisions in Niles' ordinance.
Details
Under the new language, a dog barking for more than five minutes between 8 p.m. and 8 a.m. and for more than 10 minutes between 8 a.m. and 8 p.m. would be considered a barking or howling dog.
If cited with the misdemeanor charge of harboring such an animal and convicted in the municipal court, an owner could receive a $50 fine for the first offense, $100 for the second and $150 for the third.
A fourth offense would be considered a fourth-degree misdemeanor under the new language, and is punishable by a $200 fine and jail time as ordered by the court.
The ordinance would not apply to veterinary clinics, police dogs or service dogs used by the deaf and blind.
Council unanimously approved the first reading of the ordinance and is expected to pass it at the May 19 council meeting.