Opinion
No. 2007-0391.
April 18, 2007.
Franklin App. No. 05AP-1334, 2006-Ohio-6985.
Motion and Procedural Rulings
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' Memorandum Decision filed February 22, 2007:
"Whether an ordinance that prohibits a person from keeping or harboring an animal which `howls, barks, or emits audible sounds that are unreasonably loud or disturbing which are of such character, intensity, and duration as to disturb the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual' is unconstitutionally vague on its face and as applied."
PFEIFER and O'DONNELL, JJ., dissent.
The conflict case is State v. Ferraiolo (2000), 140 Ohio App.3d 585, 748 N.E.2d 584.