Akron lawmakers are leaning away from jail time to punish the owners of incessantly barking dogs. But they're still thinking about silencing the noise with stiffer fines.

Regardless of how many times owners get caught, current city law classifies excessive dog barking as a minor misdemeanor, punishable by a $100 fine that can be mailed in like a speeding ticket and settled without having to go to court. With residents complaining citywide about barking dogs keeping them up at night, City Councilman Russ Neal introduced legislation last week that would elevate a second dog-barking offense from a minor to a fourth-degree misdemeanor, which carries a $250 fine.

But a fourth-degree misdemeanor also gives judges the discretion to impose (or suspend) up to a 30-day jail sentence. Neal said jailing dog owners was never his intention. He introduced his proposal to start a conversation that continued Monday in a special meeting where the council questioned the city’s head dog warden, lead prosecutor and director of neighborhood assistance about how often and where people complain of barking dogs, and what the city does about it.

At the meeting, several council members expressed a desire not to jail people for their barking dogs.

“We’re not even jailing people unless its for F1 and F2 felony crimes,” Councilwoman Tara Samples said of a standing policy to deal with overcrowding in the local jail system. “How are we going to hold people for 30 days for a barking dog?”

At-large Councilwoman Veronica Sims asked for a commitment to take jail time off the table.

“I agree with you,” said Councilman Donnie Kammer, who called the special meeting as chair of the public safety committee fielding the dog barking bill. “I think jail time is a tough one.”

Still, the consensus was that a deterrent heftier than a $100 fine may be needed.

“A slap on the wrist, such as a speeding ticket that you can sign and mail in, won’t fix this,” said a West Akron man who attended the public meeting. The man and his wife asked not to be named because they’ve complained about a neighbor who kennels dogs. When they call the city to send a dog warden out, they never give their name. A lot of people don't, according to the city.

“We don’t want our house shot up,” the wife said of the potential retaliation for giving her name, which is the only way the witness of dog barking is admissible in court. Otherwise, a dog warden would have to catch them in the act. And there's only two full-time and two part-time wardens to cover Akron's 62 square miles.

The council eventually decided to take another week to find a way to increase fines for dog barking without adding jail time.

“We can take a look at all that for you,” city prosecutor Gert Wilms told the council.

John Valle, director of neighborhood assistance, said there have been 163 calls to 311 and nine online complaints about barking dogs so far in 2018. That’s out of 2,783 animal-related calls, which include requests to clear road kill and catch loose animals. The complaints are scattered across a map of Akron.

Lead Animal Warden Ron Dowdy, who also attended the meeting, said he’s only seen one person go to jail for a pet's behavior, and that person's dog attacked multiple people. Dowdy excluded animal cruelty cases, which are typically handled by humane and welfare organizations, not the city.

Councilwoman Marilyn Keith suggested — regardless of the penalty they settle on — that council members add an educational component to inform the public about how to make a complaint and what happens next. Councilman Rich Swirsky seconded Keith’s call for tackling the problem with a pre-emptive solution.

"We've got to work that out before we start putting people in jail or increasing fines,” he said.

Councilman Bob Hoch asked about the level of resources available to respond to calls and prosecute cases.

“We’ve got to make sure we have the enforcement to back it up,” Hoch said of potentially upping the fines.

Officials said most dogs stop barking when wardens serve notices or tell owners that a report has been filed. But there are fewer wardens and witnesses are reluctant to go on the record. Wilms told the council that since 2013, only five barking dog complaints have been prosecuted, including a case from February that cost a guilty pet owner $139 for a day in court.

Reach Doug Livingston at 330-996-3792 or dlivingston@thebeaconjournal.com. Follow him @ABJDoug on Twitter or www.facebook.com/doug.livingston.92 on Facebook.