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-   -   Barking dog (https://www.askmehelpdesk.com/showthread.php?t=389352)

  • Aug 22, 2009, 09:30 AM
    Dolores007
    Barking dog
    Miami, Florida. I have a German Shepherd (Star), that has been accused of nuisance loud continuous barking. My dog does not bark continuously, I will not allow it however, my back yard neighbor is continually complaining to code enforcement about my dog barking. He clams he sleeps during the day and he hears my dog bark continuously. He has already got some other neighbor friends to complain. The Code Enforcement Inspector has sent a notice to remove the dog from the property within 7 days. If not, I must go in front of a board that assesses penalties for not complying with the order. The Police came over my house many times and found no barking. The Cod Enforcement Inspector came over my house and found no barking however, code enforcement still ordered the dog removed from my property.
    My back yard neighbor also put a copy of the criminal law on my front door that a person can get up to 60 days in jail having a barking dog. The last time Police arrived at my house responding to a barking dog call, all he heard was a barking dog three doors down from my house. The Police Officer then stated to me that, I am being harassed and called for a case number on the incident.


    My question is; what rights do I have to make my case?
    Can code enforcement order a removal of a dog from the property without a court order and sufficient evidence of continuous barking?
    Do I need a lawyer?
  • Aug 22, 2009, 09:36 AM
    excon
    Quote:

    Originally Posted by Dolores007 View Post
    Do I need a lawyer?

    Hello Dolores:

    In a word, YES!

    excon

    PS> (edited) Ok, that's not enough.. The law isn't about who's right or what's fair. It's about winning. You can't win without a lawyer.
  • Aug 22, 2009, 03:24 PM
    JudyKayTee
    Quote:

    Originally Posted by Dolores007 View Post
    My question is; what rights do I have to make my case?
    Can code enforcement order a removal of a dog from the property without a court order and sufficient evidence of continuous barking?
    Do I need a lawyer?


    Anyone can pretty much sue anyone at any time. If you are being harassed and can prove it you not only can sue you have a good chance of winning.

    Yes, the dog can be ordered removed from your property. Of course, you present proof it's not your dog. The neighbor presents proof it is. Someone in authority believes one of you.

    Yes, you need an Attorney if you want to prevail.

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