![]() ![]() The court disagreed, finding that the ordinance has incorporated the reasonableness standard and is presumptively constitutional. Plaintiffs contend the ordinance is void for vagueness. Plaintiffs claim is based on Spokane's "barking dog" ordinance" for which they were each issued an infraction by animal control officers. The judgment of the lower court was affirmed.Ä«efore the court here is defendant's motion for summary judgment and plaintiff's motion to certify a class. Finally, the found that Wallen's last general argument, that the code is unconstitutional as applied to her, did not satisfy court rules with respect to issues presented and support with authority on appeal. This court disagreed, finding the statute defines what are "disturbing noises" (which specifically states barking), and other courts previously established that the term "habit" in a dog-barking statute is not vague. As to her next vagueness challenge, Wallen contended that the ordinance had no objective standards to determine whether a dog's barking is disturbing or unreasonable. However, the court found that Wallen did not establish how the overbreadth doctrine applied to her case and how the ordinance was unconstitutional. On appeal, Wallen first argues that the public nuisance ordinance is unconstitutionally overbroad because it regulates without reference to time, place, and manner. Her motion was later denied, and a jury trial was held where Wallen was found guilty of six counts of violating Mobile's public-nuisance ordinance. She also filed a motion to dismiss, arguing that the Mobile City Code was unconstitutionally vague. In May of 2017, Wallen entered a plea of not guilty for multiple charges of violating the public nuisance ordinance in Mobile Circuit Court. For almost a year, officers received complaints about noise coming from Wallen's house. That same day, a local realtor went to house that was for sale behind Wallen's property and heard an "overwhelming" noise of dogs barking continuously for 30-45 minutes. After receiving the tip in March of 2016, an animal control officer drove to the residence, parked across the street, and, as he sat in his car, heard dogs bark continuously for approximately ten minutes. ![]() The nuisance convictions stem from an anonymous complaint about multiple barking dogs at Wallen's property. Wallen appeals her convictions for six counts of violating Mobile, Alabama's public nuisance ordinances.
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