Noise Nuisance (Dog Barking)

brianon

Hi Guys. Our neighbours have a young and large dog (I don't want to go into too many specifics) and it has recently begun to bark during the night/early morning.
It is very loud and I would say wakes us up every second night (every time it barks). It can bark from 5 minutes to 45 minutes. Any time from 3am to 7am although 3 seems pretty popular for it. It has woken our daughter on occasion also which is quite distressing. It can bark around midnight also for anywhere from an hour to 20 minutes but that has been less frequent.

We have spoken to them now on four occasions over the past few months. Responses have been (basically) 1. Not much I can do. 2. We'll do something. 3. Not my dog. Belongs to my partner and the kids. 4. Dogs will bark.

At no time was there an apology given and they've been quite unreceptive to us about the matter. We have been more than friendly and feel we are left with no option but to move things up a notch.

I've looked at "Control Of Dogs" http://www.citizensinformation.ie/en/environment/animal_welfare_and_control/control_of_dogs.html

Barking dogs
Excessive dog barking that causes a nuisance is an offence. The District Court can make an order requiring the reduction of excessive barking by a dog, can limit the number of dogs that can be kept on a premises or can direct that a dog be delivered to a dog warden as an unwanted dog.

You can make a complaint about excessive barking to the District Court under Noise Regulations. 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. These forms are available from your local authority.

This led me to ... http://www.lcc.ie/Environment/Air_and_Noise_Quality/Noise_Quality/

If you are being aggrieved by a noise nuisance (e.g. loud music in a neighbouring house at unsociable hours etc.), then you can have the matter referred for hearing by a judge in the District Court.

If pursuing a noise complaint in this manner contact the District Court Limerick Head Offices (see below*) and inform the district court clerk that you want to pursue a noise complaint under the EPA Noise Regulations 1994.

*The District Court Head Offices in County Limerick are located at MERCHANTS QUAY, LIMERICK CITY, TEL - 061 XX XX XX.

On being contacted by a complainant the District Court Offices will
Take the complaint details.

Arrange for the necessary paper work to be taken care of (there is a small fee charged of approx €7).

Inform both the complainant and the person or body making the noise, of the date, time and location of the court hearing.

On the appointed court date, the judge will hear both sides of the case, and decide on appropriate measures to be taken (impose court order etc.).

We've a log kept of the dates/times of the barking and have several video/audio recordings.

So I think this is my next move. Is it the correct next move or am I missing something ? I just want to be sure we don't mess it up. We don't see a need to contact the neighbour again about the matter as we've given them four opportunities and nothing has changed. It's got progressively worse.

Kukey

http://www.boards.ie/vbulletin/showthread.php?t=2056794726
This might be of some help to you.

horse10

I feel your pain re barking dog , I had the same problem with very unapproachable neighbours , <snip>

Please do not advocate, or hint at advocating, illegal practices as a remedy to the OP's problem.
Do not reply to this post on-thread.
Thanks,
DBB

**Vai**

horse10 wrote: »

I feel your pain re barking dog , I had the same problem with very unapproachable neighbours ,<snip>

Subtle.

OP any responsible dog owner wouldnt react the way your neighbours have. Its painfully easy to get your dog to stop barking so at this point I'd be doing what you need to do. You seem to have done everything right up to now.

brianon

Thanks guys for the replies. I#ll just keep doing what we've been doing and hope it all works out in our favour.

brianon

Hi guys. Just to give a little update and ask for a little more advice. So since last we spoke ... the night time issues has been resolved (long story but basically even they couldn't sleep with it (still no apology) ). Phew. Some sleep.

Since then there have been several incidents of the barking starting at 7:00pm and lasting for 2/2.5 hours. Three or four times now I couldn't even to my daughter to bed until 10pm on a school night. They are of the opinion that a dog barking during the day is not an issue. They leave it out early (7:20am -> some days he wakes us) and they say (strongly) that by law he can bark all day just so long as it's not an unsociable hour. They have agreed to bring him in at 8pm now (after our most recent conversation <- maybe not the right word for it, I was given a verbal barrage at my door when they called. Didn't get to say half of what I wanted as I was outnumbered ). But this is another step closer to what we need.

I'm of the opinion that a dog barking all day (to be fair this has not happened yet) is not allowed. Am I correct ?

It's a young dog and over the easter holidays they left him out on two days (with no one there) for 12 hours and when they returned they left him out again for another 3. It's a young dog and I suspect his barking patterns might change, for better or worse, so I still want to be prepared for the possibility that an unattended dog left alone for a basic 9 hours and possibly 12 hours may cause us hassle (my wife works nights quite often so needs daytime sleep).

We've been tracking the barking/conversations and have videos/audio etc.... Have the forms from the district court ready to go but really really do not want to go there if we can help it.

Finally, what are unsociable hours ? Is 7:20 ok to have your dog barking for 20 minutes+ ?

Oh and finally+1 Thanks for your help so far and maybe, just maybe, this is resolved (I doubt it) but at the worst things are a little better

sive1281

Hi there,

Just a word of advice, as not too sure that many people may be aware of this. You will be liable for all your own court costs once you go down this road. A judge cannot determine costs in relation to a case like this. I have previous experience in this instance. Also you would need to have a sound engineer to take recordings of the decibel levels of the dogs barking.

dustyie

What about high frequency sounder , that stop dogs barking .
similar to mice plug in sounder . Google it .

brianon

dustyie wrote: »

What about high frequency sounder , that stop dogs barking .
similar to mice plug in sounder . Google it .

Are they not notoriously unrealiable ?

DBB

brianon wrote: »

Are they not notoriously unrealiable ?

They have quite the reputation for not working alright OP. My neighbours had one to stop their own dogs from barking during the night, I could hear the thing going off myself... followed shortly after by their dogs barking AT the noise :rolleyes:

waynescales1

brianon wrote: »

We've been tracking the barking/conversations and have videos/audio etc.... Have the forms from the district court ready to go but really really do not want to go there if we can help it.

Sorry to dig up an old thread. I'm having issues with a neighbour's dog and am considering goint to the District Court. Did you go in the end? How did you get on, any tips?

splinter65

waynescales1 wrote: »

Sorry to dig up an old thread. I'm having issues with a neighbour's dog and am considering goint to the District Court. Did you go in the end? How did you get on, any tips?

Before you go down the court route, look up your county council website, get the dog warden ph no and ring him/her for some advice.
I always find ours very helpful.
Also don’t go to court unless you have evidence that you have spent some time and effort trying to resolve this with the dogs owner first.

Cherry Blossom

waynescales1 wrote: »

Sorry to dig up an old thread. I'm having issues with a neighbour's dog and am considering goint to the District Court. Did you go in the end? How did you get on, any tips?

Welcome to Boards. Please be aware that dragging up old threads is considered poor forum etiquette. Ordinarily id split your post into a new thread but in this case it wouldn't make any sense on its own. Please feel free to start a new thread on the subject.

Thread closed.