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Council reviews town code on nuisances and barking dogs; enforcement questions remain
Summary
Clerk Bondell reported an apparent gap in the town ordinance book (Ordinance #44 missing) and reviewed Plevna Town Code sections on nuisances (4-3-3) and penalties (1-4-1). The council asked the clerk to get guidance on enforcement mechanisms and how fines could be imposed.
Clerk/Treasurer Ashley Bondell told the council that the ordinance/resolution book references an Ordinance #44 addressing public nuisance, but that the book on hand begins at Ordinance #58 and no #44 was located. Bondell read from the Plevna Town Code definition of nuisance, saying the code defines it as "anything which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property."
Bondell also cited Section 4-3-3 (Nuisance Animals) and Section 1-4-1 (General Penalty), which in the town code declare it a public nuisance for a dog to "by prolonged howling, yelping, barking, brying, or by any other means cause annoyance or disturbance to any person" and allow penalties of up to $500 or six months' imprisonment. Council members discussed that the code provides penalty maximums but not a clear local schedule for graduated fines or how the town would impose penalties; they directed the clerk to contact attorney/consultant Darcy Wassmann for guidance on enforcement procedures.
Councilwoman Michele Gray asked whether older ordinances might be in storage and Mayor Gary Thielen said many ordinances also appear in zoning material. The council did not adopt a new ordinance at the meeting; next steps are clerical follow-up on locating Ordinance #44 and obtaining enforcement guidance.
