How To Legally Handle Your Dog's Constant Barking

Barking dogs are a common legal dispute, and while pet owners may feel annoyed by a dog that barks at every little noise, neighbours have no control over training the dog not to respond in this manner. While there is no federal law in the United States that specifies how long is too long for a dog to be barking, local governments are responsible for setting barking limits, and this will determine if you can get in trouble if your dog barks too much. For example, in Alaska, dogs were previously allowed to bark legally for 7 minutes without being silent for at least 60 seconds, while in Farmington, dogs are allowed to bark for one hour continuously. In most cases, the first step to resolving a dispute is to talk to your neighbours.

Legal duration for intermittent barking

The legal duration for intermittent barking varies across the United States. While there are no federal laws that regulate barking, many local governments have noise ordinances in place to protect the peace and quiet of neighbourhoods. These laws are not designed to punish dogs for barking, but rather to prevent excessive barking that could be considered a nuisance.

In most municipalities, dogs cannot bark legally for more than 10 minutes continuously and 30 minutes intermittently during the day. However, this duration varies across counties and states. For example, in Multnomah, dogs cannot bark legally for more than 10 minutes continuously, while in Woonsocket, the legal limit is 15 minutes. In Texas, there is no specific time limit, but the Texas Health and Safety Code states that a dog that barks "habitually" for ten minutes or more in a thirty-minute period constitutes a public nuisance, and the owner can receive a fine of up to $500. In Tennessee, the law states that no person should keep a dog that disturbs the area's peace by "frequent barking, whining, or howling."

If you are experiencing issues with a barking dog in your neighbourhood, the first step is to try to resolve the issue with the dog's owner. If this does not work, you can contact your local animal control agency or follow your city or county's procedure for filing a complaint. You may need to provide evidence of the barking, such as video or audio recordings. If the problem persists, you may need to file a complaint with your local government or law enforcement agency or pursue a nuisance claim.

Barking ordinances

In the United States, there is no federal law that explicitly stipulates the legal duration for which a dog can bark continuously. Instead, barking ordinances vary across different states, counties, and municipalities. These laws are generally aimed at preventing nuisance and noise disturbances caused by barking dogs.

For example, in Tennessee, the law states that no person should keep a dog that frequently barks, whines, or howls in a way that disturbs the peace of the area. Similarly, the Texas Health and Safety Code considers excessive barking a violation, with potential fines of up to $500. In Massachusetts, neighbours can make a formal complaint to the town's board of selectmen (city council) about a dog that is a nuisance due to "excessive barking." The board then holds a hearing and makes the necessary orders to resolve the issue, which may include ordering the owner to get rid of the dog.

Some counties have specific ordinances regarding barking dogs. For instance, the City of Columbia's noise ordinance allows residents to file complaints for any kind of excessive animal noise. In Hillsborough County, dogs are not permitted to bark continuously for more than 20 minutes without a 20-second break in between. Clackamas County has a similar ordinance, defining unreasonable noise disturbance as continuous barking for at least 30 minutes or repeated episodes of intermittent barking totalling 45 minutes within a 24-hour period.

It's important to note that while some jurisdictions have specific laws targeting barking dogs, others rely on general nuisance or noise ordinances to address the issue. These laws often prohibit loud or unreasonable noise, especially after certain hours, and can result in fines or even arrests for disturbing the peace if the dog owner fails to address the problem.

If you are disturbed by a barking dog in your area, you have several options for recourse. You can try negotiating directly with the dog owner, contacting local authorities or animal control departments, or pursuing a nuisance claim through small claims court. It is recommended to attempt less drastic steps before filing a lawsuit, such as direct negotiation or sending a formal demand letter proposing a solution.

Noise complaints

If you are disturbed by a barking dog in your area, the first step is to try to negotiate with the dog owner. Explain that the noise is a nuisance and try to resolve the issue together. If this does not work, you can contact your local authority or a relevant local agency, such as animal control, for advice on how to deal with the noise complaint. They may provide you with certain steps to make a formal complaint about excessive barking. In some cases, they may issue warnings or sanctions, especially if multiple neighbors file complaints.

If the issue remains unresolved, you can pursue a nuisance claim or file a lawsuit. In some jurisdictions, specific laws allow neighbors bothered by noisy pets to file a complaint with a local government agency or the District Court. Before filing a lawsuit, it is important to check the statute of limitations, as cases filed after this period may be dismissed. Additionally, damages for subjective harm, such as disrupted sleep, may be challenging to calculate.

To support your case, keep a detailed record of the noise disturbances, including dates and durations. It is also recommended to maintain your anonymity when filing a complaint to avoid potential tension with your neighbors. Remember, the specific procedures for noise complaints may vary depending on your location, so be sure to check the laws and regulations in your area.

Nuisance lawsuits

A nuisance lawsuit based on a barking dog must be filed within a certain time after the problem arises, known as the statute of limitations. A case can be dismissed if it is filed after the statute of limitations expires. Damages for subjective harm caused by a barking dog, such as disrupted sleep, may be hard to calculate. However, a small amount can be assessed for each day of disruption and multiplied by the number of days for which it lasted.

Before filing a lawsuit, it is recommended to try to negotiate with the dog owner. Taking such steps might be a legal prerequisite toward filing a suit. A demand letter sent to the dog-owning neighbour is a good idea, clearly stating the nature of the problem and the action expected from the neighbour, and mentioning that legal remedies will be pursued if the issue is not resolved. Even if the letter doesn't bring results, it's a good way to organise your thoughts and communicate your point of view.

If this does not work, a homeowner can assert their rights under any state or local laws. Some jurisdictions have enacted specific laws regarding barking dogs and other noisy pets that disturb neighbours. These may allow a neighbour bothered by the noise to file a complaint with a local government agency or the police. Animal control departments may also manage dog complaint programs, which can be a more effective alternative than calling the police. A program may provide certain steps for making a complaint about excessive barking, and it may assign certain officials or agencies to follow up on these complaints.

If a lawsuit seems like a necessary step, the most likely approach is to claim (and show evidence proving) that the dog is a nuisance and that it interferes with the use and enjoyment of your home. Other types of claims are also possible, depending on whether state or local law specifically addresses barking dogs. Witness statements, video recordings, or other evidence that the dog is a nuisance or violates the law will be needed. The least painful route is through small claims court, where procedures are simple and designed to be used without a lawyer, and fees are low.

Barking as a disturbance of the peace

Barking can be a natural behavior for dogs, serving different purposes, such as warning their owners of potential threats or expressing excitement. However, excessive barking can be annoying and disruptive, and it may even lead to legal issues. Disturbing the peace, also known as breach of the peace, is a criminal offense that occurs when a person engages in some form of unruly public behavior, such as fighting or causing unreasonable noise. The legal definition of disturbing the peace may vary depending on the jurisdiction, but it generally refers to any behavior that causes a disturbance or annoyance to others. In some states, it is a criminal offense to disturb the peace, while in others, it may be considered a civil offense.

Factors that may be considered when determining whether a dog's barking is a disturbance of the peace include the time of day, the location, and the sensitivity of the neighbors. For example, if the barking occurs during nighttime hours and prevents neighbors from sleeping, it is more likely to be considered a disturbance. Similarly, if the barking is continuous and prolonged, it is more likely to be considered a nuisance than if it is intermittent and brief. Other factors that may be considered include the distance between the barking dog and the complainant, the number of dogs barking, and the frequency of the barking.

There are various steps that dog owners can take to prevent their dog's barking from causing a disturbance of the peace. These may include providing their dog with enough exercise and playtime, keeping their dog indoors or in a fenced yard, teaching their dog to be quiet on command, and using positive reinforcement training to reward quiet behavior. It is important to avoid punishment-based training methods, as they can be ineffective and may lead to aggression or fear in dogs.

If a dog's barking is causing a disturbance, there are several options for addressing the issue. Residents have the right to make complaints about barking dogs, just as they would for any other type of noise. Depending on the local laws, a homeowner may be able to file a nuisance claim or assert their rights under any state or local laws specific to barking dogs. Some jurisdictions have enacted laws that allow neighbors bothered by excessive animal noise to file complaints with a local government agency or the police. In some cases, a homeowner may even file a lawsuit against the dog owner. However, it is important to note that damages for subjective harm caused by a barking dog, such as disrupted sleep, may be hard to calculate.

Frequently asked questions