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The Neighbors' Pets

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  • Aggressive Neighborhood Dog
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    Barking Neighborhood Dogs

    Dec 1999

    Please help me with a barking dog in the neighborhood that wakes us up in the middle of the night and barks at us when we are in our backyard. I have already called the Walnut Creek police to ask the owner's to bring the dog inside because it was barking at 4:00 a.m. and woke us up again. The owner does not seem to care that his dog bothers other people. I just called animal control because the dog barked last night from 3:00 a.m. to 6:00 a.m. All animal control said they could do is send out a letter. If the owner does not respond then another letter will be sent out. And if that still doesn't work then a third letter will be sent out and we could discuss the problem with an arbitrator. We could probably deal with the dog barking at us while we are in our backyard however, not in the middle of the night. Any advise would be greatly appreciated.


    I can't help you on dealing with your neighbors, but I did just see a program talking about a humane way to stop barking. Its a collar that goes off when the dog barks, but instead of a shock, it spays a citrus spray in the air. Apparently, dogs really don't like the scent, and it works as behavior modification. Maybe your neighbor can be talked into making the dog wear the collar, especially since its so harmless? Just a thought....
    We had the same problem a few years ago with a very uncooperative neighbor. We first called them a few times when the dog would wake us up and they were very hostile. (we later learned that they may have been fighting the poor dogs who were pit bulls.) Hopefully your neighbor is not like this. The tactic we used was to say that the dog was creating a nuisance. There is probably a city ordinances that talks about nuisances in Walnut Creek. Generally, there are times of the day when you can make noise, after which your noise becomes a nuisance. A nuisance can also be anything unreasonable that interferes with your use and enjoyment of your property. Our tactic was to contact the landlord of the dog owners whenever we were woken up (and he lived on the East Coast, so we'd call him in the wee hours of the am.) We also called the dog owners but they became so hostile that we were scared that they'd retaliate against our dogs, so we stopped calling them. Throughout this time they refused to do anything, and even added new dogs to their small back area. we also called the police, and they cited the owners a few times for violating the noise/nuisance ordinances. It would take a while for the police to arrive, but they would, eventually, and were sympathetic. Then we told the landlord that we would file a claim in small claims court unless it stopped, (again, for creating a nuisance) and we began this process, when the dog owner finally just moved away. We had to be very confrontational because both the dog owner and property owner refused to compromise in any way. Hopefully this would all be last resort things for you, but they are options if your neighbor won't come to mediation, or just work it out. good luck.
    Oct 1998

    Can anyone tell me the legal approach to getting a neighbor to quiet their dogs. I have a neighbor who allows her two dogs to bark, sometimes through the night, in a residential neighborhood. Everyone in the neighborhood has complained and she has refused to get collars to prevent to barking. She feels the dogs keep her home secure by barking. My children are awakened nightly. I lose sleep constantly. What legal course of action to I take?


    I'd like to know the response about the barking dogs, as well. I live in Oakland, my neighbors have three dogs that bark all the time. I've sent them letters asking politely for them to keep the dogs inside the house, until at least 7:30a.m and no later than 9:30p.m.. On and off they have done what I've requested, but wouldn't speak with me afterwards. I don't want to have a bad relationship with my neighbors because of their dogs but it's too hard to have three dogs barking non-stopping all the time. I am hoping that my neighbors have some common sense, however this struggle has been going on for 5 years now. What should I do?
    For the person complaining about the dogs: first of all, I sympathize deeply with you. It is actually physically disturbing to listen to that EVER, but to have it going on relentlessly at one's home is just this side of torture.

    Not knowing where you live, I can't cite the ordinances, but in Contra Costa, the law is that more than one person whose dwelling is not contiguous to/with the dwelling where the barking is happening must complain to Animal Control. You might want to get with their counterpart in your county and ask their laws. If you have several neighbors in your corner, that's a bonus.

    Best of luck to you. WHAT a bummer. Mari


    You don't say what city you live in. I live in El Cerrito and the police department does a very good job of cracking down on noisy dogs. Once someone complains, the officer given the assignment will come around the neighborhood to find the offending canine. They will time the dog's barking. If it continues in the presence of the officer for 10 minutes the officer will knock on the door of the house from which the barking is emanating. He/she will give the owner a warning and ask the the owner to keep the dog quiet. Usually, it doesn't take more than a couple of visits from the local police to change the owner's behavior and the dog is no longer heard from. Have you tried your local police department? Margo
    hopefully im not your neighbor. I have two barking dogs. The first time I was informed they barked while im at work (certainly not when im home or in the middle of the night) was when an annonymous neighbor put a very nasty note on my door. I did by a shock collor, and now when there is barking its because someone took it off or put the dog out without it. That however didnt stop the nasty notes and eventual call to animal control. When animla control came i paid th 1$ to get a copy of the compliant so I could talk to which ever heighbor had the problem. the complaint stated my dogs bark very early am every am. As i have been home with my new babay and during my preganacy i realized that wasnt us but another dog a few doors up the hill, nonetheless my dogs do bark alot the collor was warranted and it wasnt worth quibbling about. all this is to say please be sure you approach your neighbor. it may be she is unaware, it may be that on this particular incident it isnt even her dog. My dogs are now blamed for all the barking i the hood, and no i havent approached the neighbor who complined, but i did approach everone after the first note and everyonew sAidf oh no it wasnt me we dont mind etc. so much for community huh? were all missing the boat in my neighborhood Kimberly
    To the anonymous person who was disturbed by a neighbor's barking dogs: Nolo Press, the legal self-help book publisher, has a book called "Dog Law". You can probably get it at Cody's or at Nolo's outlet on Parker and 9th in Berkeley. Becky

    Nolo press has a good book which talks about what to do with many types of neighbor conflicts. The name escapes me right now. It includes subjects such as encroaching trees, problem fences and "nuisances" like barking dogs. The book might give you some insight in how to deal with your neighbor. I helped two neighbors resolve their differences over cutting down a tree merely by showing each of them the book. However, If you live in Berkeley, you may also take advantage of it's "noise ordinance" which specifically includes barking dogs. Good luck! Jeanne Jeanne


    I really feel for you, trying to deal with non-stop barking and an unresponsive and clearly inconsiderate neighbor (at least as described), but the responses you've received so far might well be helpful. I suggest, before you lodge a formal complaint with the police, that you record the barking on a "typical night." Having physical evidence of what you (and, I hope, your also-complaining neighbors) have to put up with should help strengthen your case. Wendy

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