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Council adopts emergency barking-dog ordinance after constitutional objection
Summary
The Village of Northfield adopted Ordinance No. 2021-38, amending rules on barking or howling dogs, after a 4–1 roll-call vote. Councilmember Keith Czerr argued the measure violated the 14th Amendment; Law Director Brad Bryan said the ordinance falls within the Village's police powers.
The Village of Northfield council on Nov. 10 adopted Ordinance No. 2021-38, described by the clerk as an emergency ordinance amending Section 618.07 relating to barking or howling dogs. The measure passed on third reading by a 4–1 roll-call vote.
Councilmember Keith Czerr objected during debate, saying the ordinance "violates the 14th Amendment to the U.S. Constitution" because it attempts to regulate behavior occurring on private property and warned that councilmembers voting for it would be "subject to removal from office." Law Director Brad Bryan, who said he drafted the legislation, responded that "it does not violate the 14th amendment," arguing the Village may regulate certain conduct on private property under its police powers for the health, safety and welfare of the community and citing common local regulations such as noise, grass cutting and property maintenance.
The motion to adopt was made by Councilperson Renell Noack and seconded by Council President Jenn Domzalski. Roll-call votes were: Keith Czerr — no; Renell Noack — yes; Nicholas Magistrelli — yes; Alan Hipps — yes; Jenn Domzalski — yes. The ordinance was adopted.
The ordinance text and any effective date were read by title at the meeting; no amendment or additional reading was recorded in the minutes. The council proceeded to other agenda items and adjourned at 8:02 p.m.
