If you ask Burt Niles if a dog's bark is definitely worse than its bite, he'll give you an earful.
But the county commissioners, through their counsel, Mike Miner, told Niles, 17 EMS T31Lane, his case is more appropriate for civil court.
"This started a year ago last August, and it's reached its peak this summer," Niles said. "The dog had pups recently and now I have a mother dog and nine puppies barking."
Niles added the dog has been kept outside for the past year, barks constantly and is not given suitable shelter - it is chained to a tree and sleeps under an over-turned canoe. However, he said, county animal control officer, Jerry Clase, told him the dog had adequate shelter and there was nothing he could do.
"The animal control officer says there is adequate shelter out there," Niles said. "The officer and I have a difference of opinion as to what constitutes adequate shelter."
He added the sheriff's department has been called several times, but declined to discuss with the commissioners the details of his complaints.
"You'd have to talk to the sheriff about that information," Niles said.
Miner told Niles that, from his description, his complaint could be more adequately addressed by the courts.
"It sounds like you may have grounds for a nuisance suit," Miner said. "You should get an attorney and take the property owner to court."
The dog is located at 6536 N. CR 300E, property owned by George and Isadora Mann, Warsaw. Mann said his daughter lives in the residence and other neighbors have complained about the dog barking.
"The only time the dog barks is when some ducks or other animals come up in the yard,"
Mann said.
In other business, a grant request and two construction contracts were considered and approved.
The commissioners approved a grant request between $30,000 and $35,000 from the Indiana Department of Transportation to upgrade all railroad grade crossings in the county and to erect stop signs at the uncontrolled crossing.
The commissioners also approved a construction contract of $218,221 with Beer and Slabaugh Construction to replace County Bridge 141 and authorized commissioner Avis Gunter to sign the contract once the county council appropriates the funds.
Gibson-Lewis Construction was awarded the $293,000 construct for the construction of the new dispatch center in the basement of the Justice Building.