City Of Columbus v. Kim
886 N.E.2d 217 (2008)
Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Holding & Decision
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Legal Analysis
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