Today's "tail" is about a dogs unreasonably loud bark. This is a continuation of yesterday's "tail," court testimony.
--Tucson Citizen 2 Jun 65
City Magistrate Frank W. Ellig. Ellig ruled yesterday that a dachshund has a right to bark providing the noise does not disturb persons “of ordinary tastes and average sensibilities.”
The decision stipulated that Mrs. Katie Ryan, 51, of 4442 E. La Jolla Circle, is innocent of a charge of harboring a barking dog.
A test of an unreasonably loud bark, Ellig explained, is not a test of the bark’s effect on “persons of delicate or dainty habits of living or of fanciful or fastidious tastes or nervous temperament.”
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Rather, it is a study of the effect of the dog’s bark on others in the locality.
The magistrate said he was not suggesting that the complaint, Mrs. Robert M. Quinn of 4031 E. Cooper Circle, is peculiarly sensitive to noise.
Mrs. Ryan was accused of harboring two dachshunds that allegedly awakened the Quinns at night.
Mrs. Quinn testified May 21 that she heard the barks at night from a distance of 75 feet, even with the bedroom window closed.
However, a veterinarian testified for the defense that a dachshund’s bark is “medium” compared with that of other dogs, and that a person standing beside a closed window could only hear a faint bark from a distance of 75 feet. Ellig reserved decision on the case until yesterday.
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