BISMARCK, N.D. — Attention all dogs in Belfield, N.D.: Keep it down.
The North Dakota Supreme Court on Thursday rejected a dog owner's claim that Belfield's ordinance against barking was unconstitutional.
The law in Belfield, in southwestern North Dakota, declares that "excessive, continuous or untimely" dog barking is considered a public nuisance.
Fred Kilkenny got a $20 ticket for his barking dogs even though he was in Mississippi at the time helping Hurricane Katrina victims. He and his lawyer argued the ordinance was unclear.
"The ordinance as it's written is so vague, that as a resident of the city, I cannot tell from that ordinance when I'm in violation of it," Kilkenny said Thursday. "What does untimely mean? Is it 8:00 in the morning? Is it 8:00 at night? ... They can essentially say that dogs are not allowed to bark at all, for any reason."
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A neighbor complained that Kilkenny's mixed breed-dogs, 14-year-old Sam and 4-year-old Sarge, were outdoors and barking after 8 p.m. the night of Oct. 24, 2005, according to court records. He had hired a caretaker, who told police she had not put the animals inside because she had to work until 9 p.m.
The Supreme Court's unanimous opinion said other dog-barking ordinances are like Belfield's and survived similar arguments.
Kilkenny said he is considering an appeal to the U.S. Supreme Court.
