Rochester, MN Noise Ordinances: Barking Dogs (2026)

Sec. 3-1-9(a) declares it unlawful and a nuisance if a dog barks, whines, howls, bays, cries or makes other noise excessively enough to annoy, disturb or discomfort a reasonable person, provided the noise lasts more than five minutes continuously, or intermittently for more than an hour, and is plainly audible outside the property line where the dog is kept. It is not a violation if the dog was provoked by harassment, injury or a trespasser on the property. A first-time violation is a petty misdemeanor under subsection (b).

Subsection (c) lets a police or animal control officer enter private property and seize a barking dog only if all seven conditions are met: an identified complainant other than the officer is making a contemporaneous complaint; the officer reasonably believes the noise meets the statutory threshold; there has been at least one prior complaint about barking at that address; the officer has made reasonable, failed or ignored attempts to reach the owner; the seizure will not require forced entry (a passkey from a landlord or manager does not count as forced entry); no less intrusive option exists; and written notice of the seizure is left if the owner cannot be reached in person.

A seized dog goes to the animal control shelter with no impound fee unless the owner obstructed the officer's abatement efforts, though the owner still owes the other fees required under Sec. 3-1-13, and an unclaimed dog can be disposed of under Sec. 3-1-14.