Dog Barking - going to court.

paulsgirl

Hi,

We approached our neighbour two years ago when I was recovering from cancer to ask them not to leave their dog barking while they were out during the day (they leave the dog in their sitting room which is adjoined to ours).

My husband then approached them again and they just said "we can't do anything about it". Fast forward two years, and we're back in the same situation. We approached them again tonight and basically said we cannot live with listening to the dog all day every day barking while I try to work and study a degree.

He said he would get earplugs if it was him. And said that there is no way they are forking out for day care for the dog and they are not getting rid of it. So I said that this may go to court.

What should the next step be and do we have any kind of case do you think?

Thanks.

strandroad

paulsgirl wrote: »

And said that there is no way they are forking out for day care for the dog and they are not getting rid of it.

It's not like these are his only options. You can train dogs so that they don't bark. Or is here any other place across his house where he can leave the dog and you won't be able to hear him? Perhaps try suggesting that before you escalate?

Gran Hermano

http://www.citizensinformation.ie/en/environment/animal_welfare_and_control/control_of_dogs.html

Has all the info you need.

paulsgirl

We have approached them 3 times now and there is nothing they will do. They barely even listened to us. When I mentioned I work at home, he said my house is a residential property and shouldn't be working from it. Mad!

Anyway, we are not willing to approach them again. We have suggested dog care, I would walk the dog, so not doing anything else. Just want to go the legal route.

It was either that or soundproof our whole house but forking out 5K for someone elses dog barking kinda makes me feel sick.

ISDW

paulsgirl wrote: »

Hi,

We approached our neighbour two years ago when I was recovering from cancer to ask them not to leave their dog barking while they were out during the day (they leave the dog in their sitting room which is adjoined to ours).

My husband then approached them again and they just said "we can't do anything about it". Fast forward two years, and we're back in the same situation. We approached them again tonight and basically said we cannot live with listening to the dog all day every day barking while I try to work and study a degree.

He said he would get earplugs if it was him. And said that there is no way they are forking out for day care for the dog and they are not getting rid of it. So I said that this may go to court.

What should the next step be and do we have any kind of case do you think?

Thanks.

Did the barking stop in the intervening two years?

paulsgirl

It did because the father in law was living there and he died in November so we left it until now to approach them as we didn't feel christmas was a good time. Eventhough we were being driven mad over the so called holidays.

Stheno

paulsgirl wrote: »

It did because the father in law was living there and he died in November so we left it until now to approach them as we didn't feel christmas was a good time. Eventhough we were being driven mad over the so called holidays.

Your next step then is a noise complaint under the noise regulations gran hermano posted.

As it's during the day however, you may find it more difficult than if it was at night.

Prodigious

There are collars that blow air onto the dogs neck when they bark, usually do the trick.

paulsgirl

If they go out at night, the dog barks at night....new years eve was an example.

doomed

Put the following advert on your gate.

"Rehearsal facilities for rock band available - apply within".

Stheno

paulsgirl wrote: »

If they go out at night, the dog barks at night....new years eve was an example.

but is it every night?

I'd a problem with a noisy neighbour years ago and when I looked into it, because it was outside the hours of 10pm and 7am (give or take half an hour) I could do nothing about it.

I was working nightshifts at the time and needed to sleep during the day.

paulsgirl

No, its not every night.

Thats not good at all. God, I think we'll end up moving house if we can't get this sorted. Headwreckers.

Stheno

paulsgirl wrote: »

No, its not every night.

Thats not good at all. God, I think we'll end up moving house if we can't get this sorted. Headwreckers.

Getting notification of a complaint/summons can be enough to get people to cop on to be honest.

paulsgirl

paulsgirl wrote: »

Getting notification of a complaint/summons can be enough to get people to cop on to be honest.

Not these...

vibe666

http://www.amazon.co.uk/s/ref=nb_sb_noss_2?url=search-alias%3Daps&field-keywords=anti+bark

depending on the size of dog, (i.e. if it's a big breed) the vibration and static shock may not do the trick, but on smaller dogs it should work fine.

the spray ones somtimes work, but they only work as long as you keep it refilled could will be almost daily if it's a repeat offender.

your best bet would be the plug in ultrasonic ones as it's a set and forget type device.

we have an alaskan malamute and tried both the vibro and static shock collars and she totally ignores them, even at full power. the spray one worked okay until she figured out that only barking set it off and she switched to howling, which doesn't (clever bitch!) so now we have a handheld ultrasonic one (this one) which you just literally point and shoot in the dogs direction (even from inside) and it works a treat.

our child minder has a loud 'yappy' dog and he has an ultrasonic collar that cuts out his barking by about 95%

you could ask your neighbour if he'd consider getting one rather than end up in court, or even if you bought a mains one for them, would he plug it in near where the dog is kept during the day?

i imagine that even if you had one running from the mains in your house it would be enough to silence the dog next door if the dog is loud enough for you to hear it clearly, the ultrasonic device would be loud enough for the dog to hear it and stop barking.

Stheno

ok well first you need to serve them a copy of the relevant form for a complaint.

http://www.irishstatutebook.ie/1986/en/act/pub/0032/sec0025.html#sec25

then you take it from there with noise regulations

You can get the form from your Local Authority/Dog Warden

paulsgirl

Stheno wrote: »

ok well first you need to serve them a copy of the relevant form for a complaint.

http://www.irishstatutebook.ie/1986/en/act/pub/0032/sec0025.html#sec25

then you take it from there with noise regulations

You can get the form from your Local Authority/Dog Warden

Thanks, I have just filled the form out to submit to the EPA.

Also, we are not willing to approach them for a 4th time about dog collars or any other suggestions. They have made it very clear that they are not willing to do anything and have basically said "so what, we don't care if the dog is barking, get yourself some ear plugs". So approaching them again is out of the question.

F1ngers

paulsgirl wrote: »

Thanks, I have just filled the form out to submit to the EPA.

Also, we are not willing to approach them for a 4th time about dog collars or any other suggestions.

According to the article linked earlier, you have to.

Before you do this, you must first inform the dog owner of your intention by completing a special form under the Control of Dogs Act, 1986.

DBB

OP, it sounds like you're mithered with these people, who at this stage are clearly just going to be ignorant about it.
You will be dealing with the County Council surely, not the EPA?
You won't need to talk to the neighbours any more, simply post the notice of intent into their letterbox. You have more than satisfied the council advice which is to try to resolve it at local level (this is not a legal requirement, but it is considered to be best practice).
I would strongly urge you, before you do anything, to talk to your local county council first: you might be redirected to the dog warden, but I would get a very clear idea how these things are dealt with locally. The dog warden should have some idea of how other cases in your court area have gone, so you can target your case accordingly.
If you haven't already, get video evidence. I cannot emphasise this enough. And/or, start keeping a contemporaneous record of what times the barking happens, how long each bout lasts etc. You have to prove your case, and you need as much evidence as you can get your mitts on.
I always feel sorry for the dog in these situations, as innocent a victim as you! Ideally, they'll cop on and start treating the little fella right, without resorting to those awful anti-bark collars and devices.
Good luck with it, it's a horrible situation to be in.

JustAThought

To file a complaint you need to prove that you have been reasonable & tried to remedy the issue. You also need their full name. I would suggest that if you are taking them To court you lost them a registered letter - stating that you have ha this problem since 2 yrs ago, that you have asked them on x,y,z date & that there has been ( little) change ; the noise is preventing you from enjoying your home & causing stress/ distruption etc.
It will cost you about e10 to lodge with the district court : no solicitors needed ; just turn up.

I would suggest you go to the citizens advise free legal advise nights and book an appointment specifically asking for someone who can advise you on a noise complaint - different lawyers specialise so it's good not to waste your time by getting one who says its not my field/ I really don't know! It's quite a simple procedure & handled quite matter of factly.

If you have another person or neighbour who will also write a letter or sign a letter/petition that you can copy and give to the noise mongrels this will really help you. as will having another person take note of the barking times & durations. I have some great videos of my neighbours dog head tilted howling in the back garden at God Knows what time - about an hour of it! Different pics on different days will help too - ie not just the dog having one bad day. If its audible only from their room can you capture this on a video - the sound and the windows being tightly closed & no dog in the garden ?

The risk with this is that they then say your tv is too loud etc but it sounds like a bit of a total nightmare.

I investigated options & went around to my dog noisy neighbour & complained while telling her of the different options & their prices & the local pet shop she could buy them in . I also knocked on her neighbours door & they were only too happy to have someone else write a letter they could sign - wish they'd done it first as I live a street away - I don't know how they could stand it & do nothing.
But! Many people when faced with a Solution & alternative choose the easy route if they think it will cost themess hassle - and by this I mean the owner.

The guards & the council will do nothing ; unles the council is renting/owning the property & even then you're as well off to skip the bureaucracy after 2 years & go to gold.

Don't pay for their antisocial behaviour - life is too short. people can be so inconsiderate.

Hope you're on the road to recovery. Apart from the neighbour rage! ... People. The poor dog is obviously bored out of its mind.

Ambersky

I had a problem with my next door neighbours regarding inconsiderate noise late at night and the behaviour and noise of their dogs. My neighbours are just not the kind of people to think of others and see any complaint no matter how tactful as a personal challenge to their right to do whatever they like. They believed it was also their dogs right to wander unsupervised and using everyone elses gardens as a toilet and playground.

Anyway first thing that helped me was a call to the dog warden. I had kept a record of times I had been woken by barking and hours it went on for, destructive behaviour etc. The warden visited and asked to see dog licences and told them about the control of dogs act and said he would be back. They didnt change immediately but that and a residents committee eventually got the message across.
Next thing that helped and I know you said you dont like this but I got my bedroom wall soundproofed and I put a secondary soundproof window in as well. I think we can underestimate the effect of irregular invasive sound intrusion. It can have an effect on your mental health and I knew with my neighbours and the inadaquate dividing walls between us if it wasnt the dogs or a party it would be something else. So I decided to spend the money on soundproofing or soundreduction more accurately for my mental health. I am now much calmer and have gone on to do a second wall.
Some of the responsibility for the upset caused by noisy neighbours is indeed the neighbours fault but some of that behaviour wouldnt even be noticed or wouldnt have such impact if builders. And architects had seen soundproofing as an important issue.

paulsgirl

Thanks Ambersky. Great advice there.