Barking dog

[5029]

our next door neighbour has a dog that barks constantly, driving us insane.  We have written to the environmental health, who have in turn, written to them telling them to keep it quiet.

 

It has not improved at all and the dog still barks constantly.  What is our next step?  Should we contact EH again?

 

And if this continues, what will eventually happen (will they get fined etc)?

[smudge]

5029 - I do symphathise with you. Two years ago, I contacted Environmental Health regarding a yapping, screeching, barking dog across the road to us. An E. Officer visited the owners, but because the dog was inside & quiet for a change, they said it couldn't possibly be 'their' dog. The En O didn't argue with them, but sent them a letter of warning. It went quiet for a very short period, but then they let the dog out to bark incessantly, more or less saying "up your's". I contacted the EH again, but they said there was nothing more they could do, unless they received a written petition from three other neighbours. We didn't want to be the instigators of one, so it was left at that. I must say things have settled down since then.

 

So it seems the only thing you can do now, is to set up a petition & send it to EH. Good luck with your neighbours & dog - it must be torture for you. 

[ursula62]

Have you talked to the neighbours about this? Involving Environmental Health is quite a drastic thing to do. Neighbour disputes have a habit of accelerating dramatically - e.g. the recent story of a family losing their home because they trimmed a hedge.

 

If at all possible try and deal with this face to face with the neighbours, and try and get other neighbours to speak to them as well.

[Sludge]

It is quite reasonable if a dog barks to warn its owner of strange visitors but it is not reasonable if a dog barks at the slightest disturbance or because it is left alone for long periods. Dog nuisance noise is defined as as noise (a) that by reason of its level, nature, character or quality or the time at which it is made, or any other circumstances (b) is harmful to (or likely to be harmful to) a person who is outside the premises from which it is emitted, or (c) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted. A case is normally brought by the local Council after a Notice has been served upon the dog owner giving the opportunity to remedy the nuisance. The dog owner can appeal against the Notice only by going to the Magistrates' Court. Once the time limit in the Notice has expired, if there is a recurrence of the nuisance, then the dog owner will be prosecuted by the local Council under Section 80 of the Environmental Protection Act 1990. It is a criminal matter, so it has to be proved beyond reasonable doubt that the nuisance has occurred. Expert evidence may be needed. A dog owner losing a case is likely to fined (which can be very high) and will be ordered to pay towards the prosecution costs.

[Sludge]

So the law is on your side. To make it operate you must keep a neatly written and presentable log of each and every nuisance, giving the date, time of commencement, time of cessation, where it can be heard (outside, inside, living room, bedroom etc), severity (high, medium, low), and any other relevant information. Sign each entry, get others in the house to sign, plus visitors, neighbours etc where you can. If you can make tape recordings do so, and take photographs of anything that further makes the point. The log must run for at least a fortnight, then present it to your Environmental Health Officer with a covering letter requesting that a Notice Before Action Under the Environmental Protection Act 1990 be issued to the offender. Should this not be forthcoming, present the request again through a Solicitor.

[Hessler]

I'm curious as to whether the dog is well cared for,  or left outside,  possibly tied up,   on a reg. basis?    Is there a loving interaction between the owners and the dog?     I always hate to see something like this reported to authorities,   without knowing for a fact,   that the dog won't be the one to pay for it.     Sure seems like the best solution would be to speak to the owners(in a respectful manner),  and get a good feel on their feelings towards the dog, first.    

Sorry to disagree with everyone but,  I'm an animal lover,  and  I can't see blaming the animal in a situation like this.

[5029]

As far as I can see, the dog is well cared for, except that the owners go out and leave it cooped up in the back garden for long periods of time.

 

I too am an animal lover, and do not blame the animal, as I believe it is barking out of boredom, but when it continues for literally hours without a break, it is very irritating.

 

We were advised to keep a log of the periods of time it has been barking, and we have been doing so.  Thanks for the help

[brachiopod]

Don't forget the principle of 'perception' as to what constitutes a nuisance and what is the cause of a nuisance.

Following a (very minor) complaint a few years before, my neighbour perceived my dog to be causing a nuisance, and kept a diary of all the times my dog had barked in the morning, whined all day, howled at the moon etc etc. over an eight month period. This was duly presented this to our council's Environmental Health department. They deemed it sufficient cause to warrant action against me. Until I pointed out that my dog had been euthanased (put down) due to cancer the previous year - some four months before the complainants so-called diary commenced.

It seemed that once the complainant had a target (ie "me and my dog") in their mind, then every bark and whimper from miles around was then attributed to us.

I do sympathise with you, 5029, it can be extremely wearing when a dog barks constantly. But without knowing the owners' circumstances, (are they in / out all day, is the dog treated well / badly, are they approachable / will they listen to suggestions, how long have they lived there ? etc) it is difficult to know what to say.

The EH route is very drawn out, involving issuance of Statutory Notices, warnings of non-compliance, and then Non-Compliance Orders.

As suggested, I'd try the 'talking' approach first.