Tryon Town Council approved giving its town manager the authority to file civil action against persons who excessively violate the town’s noise ordinance.

Council decided to give the authority over one case where a Gillette Woods’ resident has received a few citations and has not paid the fines with complaints of barking dogs continuing.

Council met May 19 and approved giving town manager Joey Davis the authority to file civil action. Once a judgment is made in court, the town will be able to send delinquent accounts to a debt collection agency.

The case that sparked Tryon to take civil action is against Robert Lashua Brock, according to the town’s police department, which issues noise ordinance citations. The police department first cited Brock in late 2014 with Brock receiving a few citations since and failing to pay. As of the May council meeting, Brock owed the town $350.

Commissioner George Baker asked how cases could escalate to a charge of disturbing the peace after a certain amount of noise ordinance violations.

Attorney Bailey Nager said that is not possible with how the town structured its noise ordinance. Nager said the town has the option on various ordinances to be handled with civil penalties or as misdemeanors. If the town had reserved the right to prosecute criminally, then state law is the town would have to turn over the money collected in fines to the state education system. The way Tryon structured its noise ordinance is for the town to keep all monies it collects in fines through civil penalties.

Nager said he plans to speak to the N.C. Institute of Government to see what other local governments do to alleviate the problem, as he is sure the issue is not unique to Tryon.

Baker said the problem still exists as the dogs are still barking.

“I just want the people who are being terrorized by this thing to get some relief,” said Baker.

Town officials said Brock owns five dogs, with reports of excessive barking mainly late at night.

Commissioner Roy Miller asked if the town has spoken to the owner. Police chief Jeff Arrowood said they have and the owner has attempted remedies to stop the dogs from barking, including placing bark collars on the dogs, but the dogs chewed them off.

Tryon sent Brock a letter last week informing him of the town’s intent to take court action.