Rebecca Kim had a dog. And it was a very loud dog. The dog barked so loud that the city of Columbus charged Kim for harboring an unreasonably loud or disturbing animal. Joseph Berardi, Kim’s neighbor testified that on May 13, 2004, Kim’s dog barked constantly from approximate 4:30 in the evening until approximately 6:00 that evening. According to Berardi, the dog barked so loudly that it could be heard over the sound of his lawn mower and from inside his house with the windows closed and the air conditioning running. Berardi was not the only one who found Kim’s dog’s barking to be unreasonably loud. Dr. George H. Urham Jr, a veterinarian testified that on May 13th 2004, he made a house call at the Berardi residence to vaccinate Berardi’s dogs and that from just before 5:00 p.m when he arrived, until 6:00 pm when he departed the dog in Kim’s yard had barked incessantly.
For the charge of harboring an unreasonably loud or disturbing animal, Kim was imposed a $100 fine plus costs.
Kim appealed the conviction. She argued that the ordinance, Columbus City code 2327 was unconstitutionally vague.
Columbus City Code 2327
Columbus City Code 2327.14(A) states that “[n]o person shall keep or harbor any animal which howls, barks, or emits audible sounds that are unreasonably loud or disturbing and which are of such character, intensity and duration as to disturb the peace and quiet of the neighborhood or to be detrimental to life and health of any individual.”