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View Full Version : What are my rights about complaining neighbours?


sackowilliams
Jan 16, 2011, 12:06 PM
My neighbours have complained to the council claiming that my dog is being a nuisance with constant barking, whining, scratching and playing with his toys.
This is the second time they have complained claiming he is heard in the next block even though friends from across the way say they never hear him and they listen out for him to make sure he's OK, neither does my immediate nextdor neighbour who says he only barks when someone comes tomy door or hers, where he barks briefly then settles again. Also I have been off work sick following a road traffic accident since 22nd of November, the only time I have been out is to go to hospital appointments for follow up with my injuries, so when he is supposed to have been a nuisance I really don't know.
I recently moved into the property which they were not very happy about claiming they thought there were no more young people moving in here, I am 50! I was warned to take care with the residents in this block as they like to rule the complex and if they don't like you they will get you out. I have a meeting with the council tomorrow who are I feel sure going to tell me to get rid of my dog or they will terminate my tenency. Not once have I complained about the noise level of the TV from my neighbours until late in the night approx 4am, and again at about 7am as I believe everone has a tight to live in their own home. What are my rights?

Aurora_Bell
Jan 16, 2011, 12:14 PM
I had a similar issues with neighbors of mine a while back. I don't know about your state laws, and I live in Canada, but what the animal control officer told me was, that she had to drive by and see it for her self, OR have more then one complaint from different people. So basically in my case I was Innocent until proven guilty.

So if your dog is not out side un attended for hours on end (which may open up a whole other can of worms), and is not barking incessantly then you shouldn't have too much to worry about. Again, I am not familiar with our states or county's by laws, but it's best to get your information directly from Animal Control.

Aurora_Bell
Jan 16, 2011, 01:33 PM
As far as I know, the animal control officer would have to witness this behavior first hand. They usually go out to inspect any sort of complaints. I can only suggest to call the AC first hand. A lot of times if there is an official complaint, they AC officer delivers a notice to you. Saying what the complaint has been, and what the next steps are. In most cases, it can lead to a court date, where they would have to have some sort of video on your dog displaying the un wanted behavior. I am not sure how it would work with multiple neighbors making the complaint. You may want to try and talk to some of your neighbors to see exactly how and where they stand with the situation.

On the other hand, they do have to prove that it is incessant barking and not just normal dog behavior. And if your dog is barking constantly, you can try a muzzle or maybe a bark collar. The citronella ones can be quite effective.

Please do not use the helpful/unhelpful option to reply, I won't be notified if you do, and your question or comment may go un noticed for some while.

JudyKayTee
Jan 17, 2011, 09:39 AM
UK law on barking and/or otherwise disruptive dogs is interesting and very different from the US - and, apparently, Canada. People who want to complain about a disruptive dog MUST complain not to Animal Control, the RSPCA or the Police (unless there is alleged abuse) but to the local Environment Health Department which conducts its own investigation.

"Initially, an environmental health officer will try to advise the dog owner of ways of overcoming the problem. The owner, for example, might be highly embarrassed about the problem themselves, yet have no idea how to resolve it and the officer will be able to suggest methods for training the dog not to bark in an incessant manner." Dealing with Barking Dogs - Problem Neighbours (UK) (http://www.problemneighbours.co.uk/barking-dogs.html)

Apparently that Agency tries to work out the problem.

If nothing works a 21-day notice is served on the dog owner. If the dog continues to be a disturbance (in the eyes of the Agency) after the 21 days then (and only then) can the Agency issue a notice to the owner to permanently remove the dog from the premises.

There are similar restrictions where noise is concerned, and that would include your neighbors and any loud TV.

The neighbors complain that your dog's playing with his TOYS upsets them?

You can be evicted according to the terms of your rental agreement, of course, if there is cause to evict you. I question whether a disruptive dog is grounds and the complex has not followed the above guidelines.