POLAND – A failed court case has prompted selectmen to draft a new ordinance to protect citizens from the nuisance of barking dogs.

The town’s only attempt at prosecuting dog owners for disturbing the peace met with dismissal from a judge due to technicalities. According to a letter from attorney Paul Crowley of Linnell, Choate & Webber, the town currently has an unenforceable ordinance.

“The court dismissed the case, largely because of the wording of the ordinance,” states an August 2003 letter from Crowley, who represented the town on behalf of the complainant, resident Roger Knowlton.

For the past several months, the Board of Selectmen has visited the ordinance issue and reviewed four versions of a possible new prohibition. The board has scheduled a public hearing on one of the drafts for Tuesday, May 18. The hearing is part of the board’s regular meeting, which starts at 7 p.m. at the Town Office.

Crowley recommended an ordinance that defines “nuisance.” He also added that guilty parties should pay for the town’s legal expenses, which is not stipulated in the town’s current ordinance.

“I urge that you consider adding provisions for the recoupment of attorney’s fees by the town in the event this ordinance has to be enforced in the future,” states Crowley’s letter.

Knowlton, who brought the case to court last summer, agreed that the town shouldn’t have had to spend the $2,000 it cost to force the issue. The draft also calls for fines of $50 to $200 for a first offense, in addition to legal fees. Subsequent offenses would carry a fine between $100 and $400.

However, Knowlton objected to the specific definitions included in the draft ordinance.

“I feel that the more terms you put in there, the more the judges and lawyers will try to get out of it,” Knowlton said at an April board meeting.

Knowlton said that the situation with his neighbors has improved since the court case, but that he is committed to pursuing a town ordinance that could be enforced.

Newly elected Selectman Reginald “Bud” Jordan pointed out the neither the current nor drafted versions of the town’s ordinance make allowances for dog kennels.

“That’s a hard thing to define,” said Jordan. “I don’t see how anyone with a dog kennel is going to keep 20 or 30 dogs quiet.”

The draft ordinance to be reviewed at the May 18 public hearing states: “Barking, howling or making sounds common to its species continuously for 20 minutes or intermittently for one hour or more shall be deemed to constitute a nuisance.”

The draft ordinance also eliminates the need for a notarized complaint. It only calls for a signed statement. Last summer’s case was thrown out because of the lack of a sworn, notarized complaint from Knowlton.