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Man’s barking dogs did not violate noise ordinance

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An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.

Wayne Brandt and his mother Betty Wilson have four dachshunds and live two lots down from Marilyn Annette Moore. Moore, who would frequently call the authorities to complain about her neighbors or activities in the neighborhood, kept a log of the barking by the four dogs. She called on more than one occasion about the dogs’ barking interfering with her ability to enjoy her property.

A bench trial was held on whether Brant violated Section 531-204(a) of the Revised Code of the Consolidated City and County, which says “It shall be unlawful for a person to own or keep any animal which by frequent or habitual howling, yelping, barking, screeching, other vocalization or otherwise shall cause serious annoyance or disturbance to persons in the vicinity.”

Moore was the only neighbor to make complaints or testify negatively about the dogs. Other neighbors said the barking did not bother them. The trial court found against Brant and ordered, per the mandatory provisions of Section 531-728 of the Revised Code, that he is limited to own two dogs and that they be spayed or neutered.

In Wayne Brant v. City of Indianapolis, 49A05-1201-OV-12, the Court of Appeals reversed on the grounds that the plain, ordinary usual meaning of the term “persons” as used in the ordinance means that just one neighbor’s complaints are insufficient.

The appellate court also addressed the city’s contention that the interpretation of “persons” to mean more than one person would run afoul of the guarantee of equal protection under the 14th Amendment because this interpretation would ignore the household of a single owner. But the City-County Council may not have wished to invoke its civil penalty authority for a noise ordinance unless multiple citizens were negatively impacted, such that the noise constituted a public, rather than private, nuisance, Judge John Baker wrote.


 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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