A group of Kosciusko County residents, led by Herschel Rainwater, have complained to the county commissioners for more than a year about the need for a nuisance ordinance.

Their biggest nuisance, they said, is barking dogs.

Kosciusko County Commissioners have not taken any action and have not said publically if they will or will not. Tuesday, the commissioners' attorney, Michael L. Miner, presented to the commissioners remedies presently available to citizens as protection against barking dogs and other similar nuisances.

In his memorandum, Miner said several statutes in Indiana provide some measure of protection.

Indiana Code 15-5-9-13 provides that it is an infraction for an owner to allow his or her dog to stray beyond their premises. Indiana Code 15-5-12-3 provides misdemeanor penalties if a dog bites or attacks another person. Two other Indiana codes provide requirements for importing wild animals and require a permit to possess a wild animal.

Indiana has also defined a "nuisance law," Miner said. A nuisance, under Indiana code 34-19-1-1, is defined as whatever is injurious to health, indecent or offensive to the senses or is an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.

Indiana Appellate Court has determined a barking dog could constitute a nuisance.

Miner concluded in his memorandum that Kosciusko County citizens "presently have the ability to protect themselves against nuisances from barking dogs, etc. It is true that the county also has the authority to pass an ordinance which would then place the financial burden upon the taxpayers of the county of Kosciusko to prosecute these cases, if necessary. This, of course, is a legislative decision for the commissioners."

He also said if the commissioners do not pass any ordinances, residents still can protect themselves against such nuisances by filing civil suits.

Miner gathered the legal information upon request by the commissioners and Rainwater. [[In-content Ad]]