Claris Law Legal Blogging Community

Name:

E-mail:

Phone Number:

Zip Code:

Your Question:

Editor: Jeffrey Harlan Penneys, Esq.
Profession: Philadelphia Personal Injury Attorney

Category: General Information

The most common complaint about dogs is barking. Barking dogs cause all sorts of problems in any neighborhoods, and is a constant complaint to local city officials who get these :nuisance complaints all the time. The good news for neighbors is that usually problems can be resolved without resorting to legal means, through informal negotiation or mediation. And if that fails, there is almost always a law against dogs that make a nuisance of themselves by barking, howling, or whining.

If you can't get these laws enforced to your satisfaction, you can sue the dog owner to get the nuisance stopped and to recover money damages. Lawsuits are especially undesirable when the other party is a neighbor - after all, you'll still be next door to each other, which means that both parties lose.

If you can't get the nuisance issues resolved amicably (the non-legal way), you can sue the dog owner to get the nuisance stopped and to recover money damages. But substituting a major hassle with expensive lawyers for a small one with a barking chiuhuaua isn't a win. Lawsuits are especially undesirable when the other party is a neighbor - after all, you'll still be next door to each other no matter who wins, and that WILL make for a VERY uncomfortable situation.

The obvious first step - asking the dog's owner to stop the barking - is usually ignored or is short-lived.

HOW TO SOLVE A BARKING DOG PROBLEM

Here is a list a checklist of actions to take when you're losing patience (or sleep) over a neighbor's noisy dog.

(1) Ask your neighbor to keep the dog quiet.
(2) Try mediation, especially if you and the neighbor have other isisues.
(3) Contact animal control authorities and request that they enforce local laws restricting noise.
(4) Call the police.
(5) Bring a nuisance lawsuit in small claims court.

Talking to your neighbor calmly and reasonably is an essential first step. Even if you do eventually end up in court, a judge isn't likely to be too sympathetic if you didn't make at least some effort to work things out first. So it's a no-lose situation, and if you approach it with a modicum of tact, you may be pleasantly surprised by the neighbor's willingness to work toward a solution.

Sometimes owners are blissfully unaware that there's a problem. If a dog barks for hours every day - but only when it's left alone - the owner may not know that a neighbor is being driven crazy by a dog the owner thinks is quiet and well-mannered. Even if you're sure the neighbor does know about the dog's antisocial behavior, it may be better to proceed as though she doesn't: "I knew you'd want to know that Rusty was digging up my zucchini, so that you could prevent it from happening again."

WHAT, MY DOG A PROBLEM?

If you're the target of a complaint about your dog's behavior, you should at least be willing to talk about the problem, even if you think your neighbor is being completely unreasonable. It's in your interest to solve the problem quickly, before it escalates and your neighbor calls the police.

Here are some suggestions on how to get the most from your negotiations:

Write a friendly note or call to arrange a convenient time to talk. Don't blunder up some rainy evening when the neighbor is trying to drag groceries and kids in the house after work.

If you think it's appropriate, take a little something to the meeting to break the ice: some vegetables from your garden, perhaps.

Don't threaten legal action (or worse, illegal action). There will be plenty of time to discuss legal remedies if relations deteriorate.

Offer positive suggestions. Once you have established some rapport, you may want to suggest, tactfully, that the owner get help with the dog. Try saying something like: "You know, my friend Tom had the same problem with his dog, and since he's been taking the dog to ABC Obedience School classes, he and his neighbors are much happier." Of course, if you make suggestions too early in the process, the neighbor may resent your "interference."
Try to agree on specific actions to alleviate the problem: for example, that the dog will be kept inside between 10 p.m. and 8 a.m.

After you agree on a plan, set a date to talk again in a couple of weeks. If your next meeting is already arranged, it will be easier for you to talk again. It won't look like you're badgering your neighbor, but will show that you're serious about getting the problem solved.

Mediation: Getting Another Person to Help

If talking to your neighbor directly doesn't work, or you're convinced it's hopeless, consider getting some help from a mediator. A mediator won't make a decision for you, but will help you and your neighbor agree on a resolution of the problem.

Mediators, both professional and volunteers, are trained to listen to both sides, identify problems, keep everyone focused on the real problems, and suggest compromises. Going through the process helps both people feel they've been heard (a more constructive version of the satisfaction of "having your day in court") and often puts people on better terms.

Mediation provides a safe, structured way for neighbors to talk. They meet informally with one or more mediators, and first agree on ground rules - basic guidelines, such as no name-calling or interrupting. Then, each person briefly states a view of the problem. The mediator may summarize the problem and its history before moving on to discuss possible solutions.

The key to mediation is that unlike a lawsuit, it is not an adversarial process. You do not go to mediation to argue your side. No judge-like person makes a decision for you. So there is nothing to gain from the lying and manipulation common to the courtroom; the outcome is in the hands of the people who have the dispute. Until both agree, there is no resolution. People can become amazingly cooperative when they realize it's in their power - and no one else's - to resolve their problem.

A frequent consequence of mediation is that those involved in the dispute discover that the problem they think they have - a nuisance dog, for example - isn't the main problem at all. It may turn out that the reason one neighbor hasn't controlled her dog better is that she's upset about the other's plum tree, which drops messy fruit on her side of the fence. Mediation often brings out these hidden agendas. A neighbor who solves the tree problem by pruning a few overhanging branches may find that his neighbor suddenly finds a way to make her dog behave.

When two people do agree on how to alleviate the problem, it's best to put the agreement in writing. The goal is not to make it legally binding - the whole point of mediation is not to rely on some outside authority, like the courts, to make or enforce decisions. But writing down the agreement helps clarify everyone's expectations. And it's invaluable if later memories grow fuzzy, as they almost always do, about who agreed to do what.

State and Local Laws
If the situation doesn't improve after your efforts to work something out, it's time to check your local laws and see what your legal options are. Armed with this knowledge, you'll be better prepared to approach your neighbor again or go to animal control authorities, the police, or a small claims court judge.

In some places, barking dogs are covered by a specific state or local ordinance. For example, Massachusetts law allows neighbors to make a formal complaint to the town's board of selectmen (city council) about a dog that is a nuisance because of "excessive barking."2 The board holds a hearing and makes whatever order is necessary to stop the nuisance - including, in some cases, ordering the owner to get rid of the dog.3

Similarly, state law in Oregon declares any dog that disturbs someone with "frequent or prolonged noises" is a public nuisance.4 The county investigates complaints.

Keeping a dog whose barking is a nuisance may even be a minor criminal offense. A woman in Connecticut, for example, was convicted of violating a local law that prohibited keeping a dog that was an "annoyance to any sick person residing in the immediate vicinity." The neighbor who complained suffered from migraine headaches. The penalty for a first offense was a fine of up to $100, up to 30 days in jail or both.5

If there's no law aimed specifically at dogs, a general nuisance or noise ordinance will make the owner responsible. Local law may forbid loud noise after 10 p.m., for example, or prohibit any "unreasonable" noise. And someone who allows a dog to bark, after numerous warnings from police, may be arrested for disturbing the peace. (Dealing with the police is discussed below.)

A Tennessee judge imposed a fine of $6,200 on a man whose dogs - up to 19 of them, at times - disturbed his neighbors. The steep fine came after the dog owner said, in court, that he didn't care what the neighbors said.6

To find out what the law is where you live, go online or to a law library and check the state statutes and city or county ordinances yourself. Look up "noise," "dogs," "animals" or "nuisance." You can probably also find out about local laws by calling the local animal control agency or city attorney.