neighborhood dog issue

Shauna

I'm not sure if this is where I should post this, so if not please feel free to move it.

There's a dog who lives a few houses down that's kept outside 24/7, 365 days per year. It's about 10 degrees (F) out right now so my heart is breaking for the dog. Besides the dog having to live outside, it barks during the night, sometimes all night long.

At first I tried slipping a note in the neighbor's paper box explaining that their dog was waking my whole family up, but nothing changed. Then I resorted to calling the dog warden multiple times to the point where he told me there was nothing more he could do. Then I called the neighbor myself and again, nothing changed. I then started calling them in the middle of the night when the dog barked (I was being courteous before and calling during the day) because I figured if I was up, they were going to be too. I've called the police twice and still nothing has changed. Would you believe during one of my conversations with the neighbor they told me "it's too warm in a house for a dog" - ?????

I only have one other resort which is to take them to court, but even the dog warden and police have told me it's pretty much a losing battle. I don't know why our town's laws are so lax on all of this because this has been happening for 3 years now and I'm really at my wit's end.

Does anyone out there have any suggestions?

TashaHope

How long is the dog barking at night? How many times? Does the dog have a dog house?

Do you know what the laws are arround there? For example if the dog barks for more than 10 minutes straight, you can be fined... then if it happens so many they can take their dog. Something like that, not sure of where you live, but see if there are any laws similar to that.

Oh, and where I'm from it's illegal to put anything in someone's mailbox. Even if they're your neighbor you have to mail it. I'm not sure if that's the same everywhere, but here you can get in trouble for doing that.

TashaHope

For example in Navada:

Unchain Your Dog.org | Improve Dog Chaining or Tethering Laws/Ordinances

The amended bill, S.B. 132, reflects a limit of 14 hours per day for tethering and also restricts the use of choke, chain and prong collars in tethering or chaining dogs.

On barking:

Noise Law FAQ West Virginia - West Virginia, legal help, West Virginia Property & Money, West Virginia noise laws, West Virginia noise problems, West Virginia landlord liability, West Virginia lawsuits, West Virginia quiet hours
My neighbor's dog barks all the time, and it's driving me crazy. What can I do?

Usually, problems with barking dogs can be resolved without resorting to police or courts. If you do eventually wind up in court, however, a judge will be more sympathetic if you first made at least some effort to work things out informally. Here are the steps to take when you're losing patience (or sleep) over a neighbor's noisy dog:
1. Ask your neighbor to keep the dog quiet. Sometimes owners are blissfully unaware that there's a problem. If the dog barks for hours every day -- but only when it's left alone -- the owner may not know that you're being driven crazy.
If you can establish some rapport with the neighbor, try to agree on specific actions to alleviate the problem: for example, that your neighbor will take the dog to obedience school or consult with an animal behavior specialist, or that the dog will be kept inside after 10 p.m. After you agree on a plan, set a date to talk again in a couple of weeks.
2. Try mediation. Mediators, both professional and volunteers, are trained to listen to both sides, identify problems, keep everyone focused on the real issues, and suggest compromises. A mediator won't make a decision for you, but will help you and your neighbor agree on a resolution.
Many cities have community mediation groups which train volunteers to mediate disputes in their own neighborhoods. Or ask for a referral from:

• the small claims court clerk's office
• the local district attorney's office -- the consumer complaint division, if there is one
• radio or television stations that offer help with consumer problems, or
• a state or local bar association.

3. Look up the law. In some places, barking dogs are covered by a specific state or local ordinance. If there's no law aimed specifically at dogs, a general nuisance or noise ordinance makes the owner responsible. And someone who allows a dog to bark after numerous warnings from police may be arrested for disturbing the peace.
To find out what the law is where you live, go to a law library and check the state statutes and city or county ordinances yourself. Look in the index under "noise," "dogs," "animals," or "nuisance." Or call the local animal control agency or city attorney.
4. Ask animal control authorities to enforce local noise laws. Be persistent. Some cities have special programs to handle dog complaints.
5. Call the police, if you think a criminal law is being violated. Generally, police aren't too interested in barking dog problems. And summoning a police cruiser to a neighbor's house obviously will not improve your already-strained relations. But if nothing else works, and the relationship with your neighbor is shot anyway, give the police a try.

Criosphynx

if you offer to buy their dog...will they take it?

I have seen that tactic mentioned before for situations like this.

Shauna

Well, there's apparently no law in my town. The only law is that it can't be "excessive". No one, not even the police, can define what constitutes as "excessive" though. Some nights, the dog will literally bark for 5 - 10 minutes, be quiet for 5 - 10 minutes, then start all over again. This will go on allllllll night long. Some nights it will bark for a minute and stop, then bark again a half hour later. It really varies so I can't say it's all night, every night. In the summer it's worse because we have joggers that go down my road starting at about 5am. Then the barking is non-stop for a good 3 hours.

The dog has a dog house so the SPCA won't do anything either. It's got an electric fence so it's not tied up so no laws broken there.

We only have fines, apparently, if the dog gets loose and the dog warden picks it up. I learned that the other day when another neighborhood dog that's left outside all the time escaped and found his way onto my property. That's a whole other story there, too.

Oh, I put my note in their paper box, not their mailbox because I know it's illegal to do so. You can put whatever you want in paper boxes from what I understand.

So, I've written them, talked to them, called the dog warden, SPCA and police on them and have gotten nowhere. These people are really unreasonable. The one time I called at 5:30am (after having listened to the dog for a half hour) they blew an air horn into the phone at me!!!! I've talked to them many times and they keep telling me their dog doesn't bark all night because "it's right outside their window and they should know". I know for a FACT it's their dog, regardless. They tell me the dog is "happy" outside too. I'm sorry, but no dog that barks as much as theirs is happy.

*sigh* I just want 2 things. I want that poor dog brought in during bad weather and I want uninterrupted sleep!!! As it is, this all started right after I had my daughter. Try being a new mom with a baby who doesn't sleep and then when I finally get a chance to sleep I can't because that dog is barking. I've even resorted to sleeping with a fan and TV on, plus my daughter's monitor right next to my head and I STILL hear the dog barking!!!! Ugh!

TashaHope

Ok glad you didn't put it in the wrong box.

Have you tried telling them they're keeping your daughter up? Even if it's not, that may help... Maybe...

Mikey

I like Crio's suggestion.

Can you possibly do that? Very reasonably offer to buy the dog? Then if you can't keep him (or don't want to) you could rehome yourself-to someone who lives out of hearing distance.

Otherwise-I'd go to court I hear ya on the laws-there isn't much you can do. If there is a dog house with a certain grade of roof slant-no matter how old or crummy-it's good enough in the eyes of the law.

I don't get why the police aren't doing anything-since excessive is subjective-they coudl be fining. I would harass the police more, it's within your rights to complain when the noise is excessive especially after hours (if you have noise curphews where you live? Here's its 11pm -6 am)-but that's just me.
Maybe if they get a couple fines they would want to sell the dog to pay them

Tough situation. I firmly believe good fences make good neighbors-personally although mine are pretty good-I'd prefer to have none.