City of Lebanon v. Wergowske

Defendant-appellant, Gilbert Wergowske, appeals his conviction in Lebanon Municipal Court for violating a “barking dog” ordinance.

On January 26, 1990, appellant was charged in a private complaint with violating Section 505.02 of the Ordinances of the city of Lebanon. It provides that “[n]o person shall harbor or keep a dog which by loud and frequent or habitual barking, howling or yelping shall cause annoyance or disturbance to the neighborhood.”

A jury trial was held on March 31, 1990. The evidence revealed that appellant owns two cocker spaniels. The complaining witness was Jack Bayes, who…