City Of Columbus v. Kim

886 N.E.2d 217 (2008)

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Nature of the Case

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Facts

D's neighbor, Joseph Berardi, testified that D's dog barked constantly from approximately 4:30 p.m. until approximately 6:00 p.m. It could be heard over the sound of his lawnmower and from inside his house with the windows closed and the air conditioning running. Dr. Urham Jr., a veterinarian, testified that 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 just before 6:00 p.m., when he departed, the dog in D's yard had barked incessantly. D was charged with violating Columbus City Code 2327.14 by harboring an unreasonably loud or disturbing animal. D was convicted and fined $100 plus costs. D appealed claiming that the ordinance is unconstitutionally vague. The court of appeals affirmed. It held that the ordinance contained sufficient standards to place a person of ordinary intelligence on notice of what conduct the ordinance prohibited. The court certified the record to this court for review and final determination.