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Resident asks Mobile County Commission to mandate noise ordinance over persistent neighbor dog barking
Summary
A Theodore resident told the Mobile County Commission she has endured two years of continuous dog barking from neighboring properties and asked the commission to mandate a noise ordinance; county officials said they lack authority to enact such an ordinance and advised follow-up with the absent commissioner.
Octavia Kirksey Killings, a Theodore resident, told the Mobile County Commission on June 23 that she has lived at her address for about 19 years and is asking the commission to mandate a county noise ordinance to address “excessive barking and disturbance” from neighboring dogs that she says has continued for about two years.
The request matters because Kirksey Killings said the barking has affected her sleep, health, studying, and ability to work, and that she has already contacted Mobile County Animal Shelter with no resolution. She told the commission she consulted an attorney, who told her she may have rights under Alabama Supreme Court precedent for private-nuisance claims and that she delivered a letter from that attorney to her neighbors with no change in behavior.
Kirksey Killings said, “I am being attacked by 7 loud barking dogs. It's not fair for me to have to leave my home and go somewhere quiet, such as the park.” She asked the commission to “please mandate a noise audience” so pet owners would be held accountable.
The commission replied that it does not currently have the authority to enact a countywide ordinance on dog barking. The Commission President said the type of ordinance Kirksey Killings requested “would have to come from the state legislature” and that “right now, the county commissioner does not have the authority to enact the kind of ordinance that that you are requesting.” The Commission President asked for time to follow up and suggested the absent commissioner recovering from surgery would contact her after returning.
A county staff member identified as Jay said the issue appears to be a private-nuisance matter and that the county government cannot enforce a private nuisance. Jay added that he would “get what commissioner do it and read what mister Jarvis sent her, and we'll I'll work with the commissioner doing on response.”
Kirksey Killings offered the commission audio and video recordings of the barking to illustrate the problem and said she believed measures such as anti-bark collars or keeping dogs inside could address the issue, but she did not ask the county to pursue enforcement actions beyond a mandate for a noise standard.
No formal motion or vote occurred on the complaint. The commission recorded the complaint in the public comment record and directed staff to review the materials provided by Kirksey Killings and to follow up with the relevant commissioner when available.
Mobile County residents with similar complaints are advised to document incidents, contact the county animal shelter (as Kirksey Killings did), and consult private counsel about private-nuisance rights if needed; the commission indicated legislative change at the state level would be required for a countywide ordinance addressing barking.
