We have an extremely irritating neighbor. Their dog barks too much. I went to their house, they were at home but they did not open the door. I left a note at the door "Please Stop Barking!" They don't care. I hate to suffer and to feel sick. I wrote an e-mail to Animal Control. They did not answer. He barks in the morning. I wake up everyday with head ache and chest pain. I have sleeping problems, I am tiered the whole day and I feel sick. It’s horrible. The dog unnecessarily barks a lot in the morning. He also barks during the day and evening. I don’t want to suffer anymore. Many people here are irritated by this dog. It’s extremely annoying. I found information about the law. "It is unlawful for any person to be the keeper of a dog which the person fails to prevent from being a public nuisance by disturbing the peace, comfort, health or repose of any person of reasonable sensitivity by making loud, long unnecessary and continuous noises. Unlawful barking is defined as a period of five (5) minutes of barking during a 15-minute interval at any time of day." I used a timer. The dog barks more than 5 minutes. And at sleeping time the minutes don't matter. I'm thinking about to sue them. Does anybody know if I can expect a recovery (money) for pain and suffering? I don't know what kind of lawyer I will need.
2006-10-07
16:26:57
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21 answers
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asked by
Kay
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in
Politics & Government
➔ Law & Ethics
They have a big RV, a big house, a wall and they are a wall building company.
2006-10-07
16:57:11 ·
update #1
Just talk to a lawyer and find out but for sure you have to get the law involved so they can do an investigation and determine that the dog is indeed a nuisance. Without it your claim will be dismissed.
2006-10-07 16:34:43
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answer #1
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answered by ? 2
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Simply contact your police department using the normal telephone number, not 911, and talk to the desk officer around 2:00 a.m. in the morning. Explain that your neighbor`s dog will not let you get any rest and also that the dog bothers you during the day, and you are feeling ill from the stress. That you have left a note and nothing has been done. Then the next morning, contact animal control by TELEPHONE NOT EMAIL and tell them you have a problem with a barking dog, and that you need their help.There is a no noise ordinance after 10:00pm. so you are within your right to do this. A police office will be sent out to the residence and will tell your neighbor to do something about the barking dog. If this persists, you persist and call the police everytime the dog barks after 10:00pm. The neighbor will get a citation to pay a fine for not keeping his dog quiet. We have a neighbor who I made the mistake of trying to talk too. She was threatning to me, so I told her she could either keep the dog quiet or I would call the police. This continued, and I called them after still being kept awake at 2:30a.m. An officer came out, and my mother and I have enjoyed restful nights now for about 2 months. My mother is in her late 70`s, and she was having chest pains from the stress. If the dog begins to bark now at night, you can hear them getting him and putting him in the garage so we cannot hear him. No need to sue them, just call law enforcement. The police realize that this can escalate into a dangerous situation if you try to take care of it by yourself.
2006-10-15 10:45:44
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answer #2
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answered by Sparkles 7
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We have dogs ourselves. Someone called the police and they came to our house to tell us that our dogs were disturbing others. Guess what , it wasn't our dogs doing the barking.
Our dogs only bark when there is something in our yard, another animal or person that could be up to no good. Our neighbor likes the dogs as her husband works at night and the dogs warn her, that something is amiss.
Could the dog be barking because it is being treated badly , tied up day and night ( ours have a dog run) . Too short of a chain,Not fed enough. No attention!Go look at these dogs , do they look healthy? If they are bored , they will bark just to have something to do! Don't kill the dogs they are just reacting to the way they are treated. If they are being treated badly the owners could lose them on top of being fined.Call the anti cruelty society.! If the police do nothing , they Can be held accountable for not enforcing the code.
2006-10-15 16:18:51
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answer #3
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answered by Anonymous
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Yes you can sue for pain and suffering but you have to prove it. You have to show that it has caused you this problem. For example go to a doctor or a psychiatrist. and you have to present your medical records as evidence.
You should call the police. They are the ones who can enforce the law of public nuisance and disturbing the peace. Call them first and if that doesn't work then sue them because a law suit will be very expensive. Your neighbors sound like trailer trash kind of people. Kind caring people don't leave there dog out all the time. If that is the case suing them will be useless you won't get a dime.
2006-10-07 16:49:12
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answer #4
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answered by tjinjapan 3
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The law you are Quoting is probably a city ordinance and the only real recourse you have is to call the police non-emergency number every time the dog barks and have your neighbors do the same, eventually the animal warden will write enough ordinance violations that they will have to get the dog under control or get rid of it. Your suggestion that you hire a lawyer and sue is a bad idea, you could not win and you would spend a lot of money needlessly. Call your local authorities and let the people who own the dog spend the money on fines, they will learn real fast.
2006-10-11 12:21:23
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answer #5
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answered by daydoom 5
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Unfortunately and realistically, I can't convince myself that any judge or jury would be willing to make that precedent. I would advise you to set up a legitimate way to record the dog. Document attempts to communicate with neighbors about the animal as well. A barking dog can be disruptive, but this sounds grossly extreme. The more concrete documentation you can provide will aide in your case. I think honestly you may have to move, you certainly won't get much if any compensation from this claim, maybe just sue for a security deposit and mover's expenses, don't be greedy. Hope this helps out some.
2006-10-07 16:46:05
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answer #6
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answered by Porterhouse 5
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am sorry you have this sleeping problem, i wont advice you to take sleeping pills you will get addictive to it. how bout put an ear plugs?doesn't work for you?? then play loud music that could overlap the barks? if not then you can call a cop, i hate to advice you of killing the dog in any form coz its just normal to bark he has reason but i can believe it has a problem like that in the US coz it common and normal in here in the Philippines we annoyed most of us but some people are same boat as you. thank God am not that affected if i wanted to sleep i dnt care i can sleep. hope you can get the answer and solution of ur problem i felt for you. hope u wont get into trouble get the best remedies. good luck & God Bless US.
2006-10-13 16:04:51
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answer #7
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answered by hottemper_princess 2
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document your case against them. the dog control officer has to investigate your complaint and you can make the officer take them to court. There is a law where you can sue for denying you the right to live in peace, forget exactly what it is called. Call the police and dog control every night the dog barks. If you want to sue check the court records and see which lawyer has the best effects.
2006-10-15 04:09:17
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answer #8
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answered by desert_kats 4
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A dog should be trained on how to eat, walk with you, not to bark, potty training and sleep on its place etc. You can teach anything to your puppy, dogs get trained easily with some good instructions. If you want some good training tips visit https://tr.im/gsrNo
If properly trained, they should also understand whistle and gesture equivalents for all the relevant commands, e.g. short whistle or finger raised sit, long whistle or flat hand lay down, and so on.
It's important that they also get gestures and whistles as voice may not be sufficient over long distances and under certain circumstances.
2016-04-22 09:13:09
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answer #9
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answered by kathryne 3
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To my knhowledge all cities have their own city codes and ordinances concerning things like annoying barking dogs. So far as monetary damages, I am sure you would have to secure medical documentation as to what extent your health has been damaged. Anyone can file a law suit, however that doesn't mean they are going to receive a monetary award.
Good luck.
2006-10-15 10:29:43
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answer #10
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answered by Sunshine 6
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