Rights of Property Owners Regarding Barking Dogs

Dogs will be dogs and that means barking. When the barking is chronic, it can become a nuisance to neighbors and disruptive to the point where action must be taken. Nearly all urban and suburban areas have noise ordinances that apply to barking dogs, and the violation of these can lead to fines or even eviction if the problem persists.

  1. Local Laws

    • Each city or municipality will have its own laws regarding barking dog complaints. It's important to find out what legal recourse you have if you cannot resolve the issue before having to resort to the law. The best place to find this information is on your local county or city animal control website. Here you will find out what constitutes a chronically barking dog and how to properly and legally address it.

    What is Chronic Barking?

    • Different areas have different definitions of chronic barking but most of them state that the dog must bark consistently for a set amount of time. For example, if the dog barks without stopping for 20 minutes or more, then it is a violation of the law. This can become tricky because if the dog stops for more than a minute within that period, then the clock typically resets. It would be a good idea, if you are serious about pursuing a legal case, to record the dog barking for this length of time. In some cases, a homeowner will have no other recourse but to sue the dog owner.

    Legal Recourse

    • The majority of barking dog complaints, providing that they adhere to your local definition of disturbance, will only result in warnings to the dog owner and later, mediation. This will take a series of complaints and can stretch out over months. While the end result could be that the dog owner is evicted (if renting) or that the dog is removed from the property, you will still be subject to a barking or howling dog during the entire process. It can be easier to try to resolve the problem through other means first.

    Alert Your Neighbor

    • Your neighbor may not be aware of what their dog is doing when they are away. Many animal control websites have a sample letter that you can download, print and anonymously place on your neighbor's property to alert them to the problem. You should outline what the dog is doing and when and ask that they do something to stop the barking. If this does not bring results, you should make an initial complaint to your animal control office. They will send someone out to speak to the owners.

    Mediation

    • In many areas, mediation is the next step. Mediators are neutral third parties who can assist with open and direct communication regarding the barking problem. Sometimes these are provided at no cost to the community. The success of mediation will depend on the willingness of both parties to be open to solutions and listening to the other person's point of view. Some communities require mediation before you can take more drastic legal measures or file additional complaints.

    Hearings

    • After mediation, if the problem persists, you can usually ask for a hearing. The outcome of this, providing you can prove your case against the owner, is that the owner will be required to address the issue or lose their dog. Possible judgments could include additional training for the dog, requiring a bark collar or having the dog confined in a soundproof area.

    Small Claims Court

    • When all else has failed, you can take your neighbor to small claims court to win a monetary judgment on the grounds that the dog is a nuisance and preventing your enjoyment of your home. This step will probably permanently destroy any relationship you had with your neighbor, may provide you with some financial compensation and little else. Most courts have no power to order the dog destroyed or removed from the home.