Introduction
It’s a warm Saturday afternoon and you’re relaxing at home. Suddenly, your neighbor’s dog starts barking loudly and incessantly. You try ignoring it at first, but the barking continues for over an hour. You can’t concentrate or enjoy your weekend. Frustrated, you wonder if you can call the cops to report the nuisance.
Excessive dog barking is one of the most common neighborhood complaints. Nearly 75% of Americans dislike a neighbor, often due to noise issues.[1] While barking is natural dog behavior, it can become a legal nuisance if persistent, loud, and disruptive. Understanding noise ordinances and legal options is important before contacting law enforcement.
When Barking Becomes a Legal Nuisance
Dogs bark as a form of communication, but when barking becomes excessive and disruptive, it can be considered a nuisance under the law. Many local governments have noise ordinances and statutes that prohibit chronic, nuisance barking that disturbs neighbors for long stretches. According to the legal definition, a “nuisance” interferes with someone’s ability to reasonably use and enjoy their property (as per Justia).
Each state and municipality has its own regulations on what constitutes nuisance barking. There is no specified legal limit on how long or how frequently a dog can bark before it becomes a nuisance. Instead, the laws focus on whether the barking causes substantial disruption and anguish for neighbors over a persistent period. Factors like the time of day, duration and volume of barking are considered in determining if it meets the nuisance threshold.
Some places may have decibel limits for dog barking or prohibit barking past certain nighttime hours. Others may require written complaints from multiple neighbors before citing an owner. But in general, if the barking significantly destroys peace, comfort and rest for nearby residents, it can be grounds for legal action against the owner (see Nolo).
Steps to Take Before Calling Authorities
Before contacting law enforcement or filing a legal complaint about a neighbor’s barking dog, there are some steps you can take to try to resolve the issue politely and directly:
First, have a friendly conversation with your neighbor about the constant barking when they are home. There is a chance they are unaware of how much barking is occurring while they are away. Point out specific times when it happens and suggest solutions like keeping the dog inside while they are gone. Offer to help by walking the dog or providing toys that reduce barking. Express your understanding that dogs bark but explain how it’s greatly impacting you.
If the conversation does not improve the situation, keep a detailed log documenting the dates, times, and duration of the barking with audio/video recordings as evidence. Write a polite letter explaining the barking log and requesting they address it within a reasonable timeframe. Recommend anti-barking methods they can try such as citronella collars, scheduling obedience training, or blocking the dog’s view. With documentation and written notice, your neighbor is officially notified the dog is creating a nuisance.
As a last resort before contacting authorities, suggest mediation where you can openly discuss the issue with your neighbor in a mediated session. A neutral mediator may help you compromise on a solution or schedule. Getting law enforcement involved should only happen once you’ve made reasonable efforts to resolve it directly.
Noise Ordinances and Local Laws
Most areas have noise ordinances that prohibit excessive noise during certain hours. According to Noise Ordinances Are Laws Which Limit The Allowable Noise Level(S) At Different Times Of Day For Different Zoned Areas (I.E. Residential, Commercial, Industrial) …, noise ordinances regulate noise levels based on factors like the time of day, type of zoning (residential, commercial, etc.), and duration of the noise.
Noise ordinances often specify certain decibel limits that cannot be exceeded during given hours. For example, a residential area may prohibit noise over 55 decibels from 11pm to 7am. Excessive dog barking would be considered a violation if it exceeds these limits.
To find specific noise ordinances, check your local city or county government website under sections for codes or ordinances. Public libraries or a city/county law library may also have noise ordinance information available. You can also search online for “noise ordinance [your city/county name]” to find details.
It’s important to review the specifics, as noise ordinances vary by jurisdiction. Some cities may have stricter regulations than others. Understanding your local laws will help determine if and when loud dog barking constitutes a violation.
Contacting Law Enforcement
Calling the police should generally be a last resort after you’ve tried resolving the issue directly with your neighbor. However, if the barking continues to violate local noise ordinances, it may be appropriate to contact law enforcement for assistance.
According to Nolo.com, you can call the non-emergency police number to report a noise ordinance violation if the barking persists after you’ve asked your neighbor to quiet their dog. Be prepared to provide details like what ordinance is being violated, how long the barking has occurred, and any attempts you’ve made to mitigate the issue. The police will usually issue a warning first, but may cite the owner with a fine if the problem continues.
When calling about a barking dog complaint, the police will first verify that a noise violation is actually occurring. An officer may be dispatched to listen for the barking themselves. If they determine the noise is excessive, they will usually give a warning or citation to the owner per local laws. According to WikiHow, you may need to call back multiple times before action is taken. The goal is to get the owner to address the problem.
Keep notes about when the barking occurs and for how long so you can provide detailed information. Calling about a one-time occurrence likely won’t result in enforcement action. But reporting an ongoing pattern of excessive barking demonstrates a real nuisance. Stay calm and factual when calling for the best response.
Filing a Legal Complaint
If a neighbor’s chronically barking dog continues to create a nuisance without resolution, you may be able to take legal action by filing a lawsuit in small claims court. Small claims court is designed for individuals to resolve relatively minor civil disputes without needing to hire a lawyer.
To have a case in small claims court, you will need to prove that the barking dog substantially interferes with your ability to use and enjoy your property. This could include sleep disturbance, inability to conduct business, and loss of peace of mind. You may present evidence like audio/video recordings, logs documenting barking frequency and duration, other witnesses willing to testify, and attempts made to resolve the issue. Damages awarded are typically monetary to compensate for the nuisance.
There are time limits on when you can file a legal complaint, such as “statute of limitations” that vary by state. It’s advisable to take thorough documentation if considering legal action. Consulting with a lawyer beforehand can also help determine if you have sufficient grounds for a claim. The court may also encourage mediation or suggest solutions like the owner reimbursing you for soundproofing before pursuing litigation.
Sources:
https://www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter7-7.html
https://doglaw.hugpug.com/doglaw_053.html
Alternative Solutions
Before involving the authorities, there are some alternative solutions you can try to mitigate a neighbor’s constantly barking dog:
- Talk to your neighbor politely and explain the barking issue. They may not be aware it’s happening and work with you to find a solution.
- Suggest the neighbor tries using a bark collar. These collars detect barking and deliver a safe but annoying stimulus to deter more barking.
- Recommend the neighbor hires an animal trainer or behaviorist. They can assess why the dog barks and implement positive reinforcement training techniques to curb the behavior.
- Ask if the neighbor would consider keeping the dog inside more, especially during hours when barking disturbs you.
- Try using white noise machines or earplugs to mask the barking sounds from your property.
- If barking is due to lack of exercise, volunteer to help walk the dog occasionally if the owner agrees.
- Suggest calming aids for the dog like soothing music, meditation recordings, or pheromone diffusers.
It’s ideal to maintain a positive relationship with neighbors. With some creativity and patience, barking issues can often be resolved without getting authorities involved.
Being a Good Neighbor
Dog owners should be considerate of their neighbors and take steps to minimize barking and other disturbances. Simple courtesies like not letting your dog bark for extended periods, particularly at night or early morning, can go a long way. It’s best to be proactive and talk to your neighbors to get a sense of any concerns they may have. Be open to compromise – maybe your neighbor has a solution like scheduling outdoor time when they aren’t home.
There are also positive actions you can take as a dog owner per this article:
- Pick up after your dog when walking to keep the neighborhood clean
- Introduce your dog to neighbors in a positive way to make a good first impression
- Keep dogs leashed when outside to avoid roaming that could bother others
You want to be a responsible pet owner. With empathy and understanding on both sides, dog owners and neighbors can find ways to peacefully coexist. Be patient, communicate, and try to see the other’s perspective.
When to Call Animal Control
In cases of clear animal neglect or abuse, you may need to contact animal control or an animal welfare organization instead of the police. According to the Humane Society, signs of animal cruelty that warrant reporting include:
- No access to adequate shelter, shade, food or water (https://www.humanesociety.org/resources/report-animal-cruelty)
- Chaining or tethering an animal for prolonged periods (https://www.humanesociety.org/resources/report-animal-cruelty)
- Injuries or illness left untreated (https://spcala.com/programs-services/report-animal-cruelty/)
- Confinement in crowded, unsanitary conditions (https://spcala.com/programs-services/report-animal-cruelty/)
- Abandonment (https://spcala.com/programs-services/report-animal-cruelty/)
In these situations, contacting animal control or an animal welfare organization is advised. They can investigate, document, and intervene if the animal’s wellbeing is at risk. Simply having a noisy dog would not rise to the level of neglect or abuse – but you should still take reasonable steps to resolve the noise before considering legal action.
Concluding Thoughts on Neighborly Relations
Dealing with a chronically barking dog can be an incredibly frustrating situation. However, before taking legal action, it’s important to keep in mind your relationship with your neighbors. Approaching the issue with empathy, understanding, and compromise can go a long way.
If the barking has become excessive, do your best to calmly discuss the matter and brainstorm solutions. Look for ways to work together, rather than immediately threatening punishment. For example, you could offer to help your neighbor better train or exercise their dog.
With some friendly conversations and a little patience, noise issues can often be resolved without getting authorities involved. But in severe cases, more formal complaints may be necessary. Just remember to always lead with compassion.
Above all, being a good neighbor means showing others the kindness and consideration you yourself would want. With an open and helpful attitude, many barking dog dilemmas can reach a positive outcome.