Need Advice - Neighbor Complaints To Police About Dogs

[chippyboy9]

Kansas

Hello,

My wife and I have run into a problem that I was hoping someone may be able to help us with. We live in a traditional neighborhood where the houses are somewhat close together. There is a walking trail behind our home that goes between our property and our neighbors property behind us.

About a month ago, a police officer came to our house in response to a complaint. Apparently our dogs were barking on a consistent basis and it was bothering one of the neighbors. The next day, I got in contact with the 8 neighbors that are in close proximity to our property to see if the complaint was valid: 2 neighbors said the barking bothered them and 6 neighbors said that it did not. We actually received a few letters from neighbors that were very upset that the neighbor reported us because they felt it was a ridiculous report.

So after receiving the feedback, I came to the conclusion that the dogs do bark from time to time, but it wasn't anything near as bad as the complaint sounded. To make the best of the situation, we implemented a couple of suggestions we received and it has helped reduce the barking to an even lower level.

Today, we were paid another visit from the police department. Apparently, we were told, that the dogs have been barking again. The officer said that it was reported that the dogs were barking as late as 11:30 at night. My wife and I go to bed near 10:30 every night and the dogs sleep in our room. I was already skeptical about the complaint after getting feedback from all of the neighbors. After tonight, I completely disagree with the complaining neighbor. While the officer was here, multiple dogs in the neighborhood were barking at once. (Ours were inside and not barking) My wife made the officer aware of the other neighborhood dogs and offered the idea that maybe our dogs were being blamed for other dogs barking? He notated the idea in his report.

Multiple days over the last 2 months, we have sat in front of our house in our car with the windows open to see if the dogs bark. Out of approximately 15 times, the dogs were barking 1 time and it was due to another dog being on the other side of our fence barking.

I am not going to put up with this anymore and would like to resolve the problem as soon as possible. Before we moved into the house, we were warned about this particular neighbor. He has caused similar issues with other neighbors.

I have 2 thoughts/ideas:

1. I am considering filing a harassment suit against the neighbor.
2. I am considering contacting a lawyer for advice about the issue.

Does anyone have any suggestions or advice for us? We do not have any experience working with the legal system and are open to any ideas you may have.

Thanks a lot in advance for your help!

 

[Proserpina]

Kansas

Hello,

My wife and I have run into a problem that I was hoping someone may be able to help us with. We live in a traditional neighborhood where the houses are somewhat close together. There is a walking trail behind our home that goes between our property and our neighbors property behind us.

About a month ago, a police officer came to our house in response to a complaint. Apparently our dogs were barking on a consistent basis and it was bothering one of the neighbors. The next day, I got in contact with the 8 neighbors that are in close proximity to our property to see if the complaint was valid: 2 neighbors said the barking bothered them and 6 neighbors said that it did not. We actually received a few letters from neighbors that were very upset that the neighbor reported us because they felt it was a ridiculous report.

So after receiving the feedback, I came to the conclusion that the dogs do bark from time to time, but it wasn't anything near as bad as the complaint sounded. To make the best of the situation, we implemented a couple of suggestions we received and it has helped reduce the barking to an even lower level.

Today, we were paid another visit from the police department. Apparently, we were told, that the dogs have been barking again. The officer said that it was reported that the dogs were barking as late as 11:30 at night. My wife and I go to bed near 10:30 every night and the dogs sleep in our room. I was already skeptical about the complaint after getting feedback from all of the neighbors. After tonight, I completely disagree with the complaining neighbor. While the officer was here, multiple dogs in the neighborhood were barking at once. (Ours were inside and not barking) My wife made the officer aware of the other neighborhood dogs and offered the idea that maybe our dogs were being blamed for other dogs barking? He notated the idea in his report.

Multiple days over the last 2 months, we have sat in front of our house in our car with the windows open to see if the dogs bark. Out of approximately 15 times, the dogs were barking 1 time and it was due to another dog being on the other side of our fence barking.

I am not going to put up with this anymore and would like to resolve the problem as soon as possible. Before we moved into the house, we were warned about this particular neighbor. He has caused similar issues with other neighbors.

I have 2 thoughts/ideas:

1. I am considering filing a harassment suit against the neighbor.
2. I am considering contacting a lawyer for advice about the issue.

Does anyone have any suggestions or advice for us? We do not have any experience working with the legal system and are open to any ideas you may have.

Thanks a lot in advance for your help!

1. You have no case at all against the neighbor.

2. You can do that, absolutely.

One thing though. You're obviously not in bed tonight by 10:30 Kansas time. Just a thought...

 

[chippyboy9]

Thanks?

Thanks for the response, I guess?

True, I am not in bed, but the dogs are. My wife is with them. Good thought though...

Does anyone else have any advice or information that may help us?

Thanks!

 

[swalsh411]

You're not being harassed. Not even close. Your neighbor has the right to contact the police. They can tell her to stop reporting something if it's totally without merit but you cannot.

 

[FarmerJ]

You may want to see if your city / town has a actual dog barking ordinance that defines a frequency of barking that can earn a pet owner a ticket then make more plans for keeping the dogs in as much as you can unless one of you is out there with them. If you learn your town has no defined frequency of barking that can earn a pet owner a ticket and a officer is still stopping by tell the officer , your dogs now stay inside unless they are out with one of you two to void and if you hear other dogs while officer is there politely tell the officer `sounds like your problem is somewhere else ` thank them for stopping and suggest they speak to the one who reported it about false reporting as you shut your door saying good night.

 

[HomeGuru]

Contact the Humane Society.

 

[CdwJava]

You have no cause of action against the neighbor for reporting dogs barking. Unless you can show that his report is without merit and being done solely to annoy or harass you, you would not even get this into court.

Believe me when I tell you the police do not want to be responding to barking dog complaints. They don't. But, they have to. And they are not going to spend any more time than they have to investigating them ... and this will usually be marching to the alleged offender's door and asking them to keep a better eye on their dog. They are not going to send a team to scout the area and listen for what dogs are barking and whether they are yours or not. So do not look to the police to solve the problem - they won't.

As for a lawyer, what advice do you intend to seek? I do not see that there is anyone you can sue, you cannot get an injunction preventing someone from calling the police, and the attorney will not be able to seek an order preventing the police from contacting you.

Perhaps you can bring the dogs inside for a while. That way, if there is any future barking, you can say with honesty that it was not your dog.

And, as a note, even without a barking dog or annoying animal ordinance, I guarantee that your state and possibly your city/county have laws concerning loud and unreasonable noise that disturbs the peace of others. If it could be shown that you continued to allow your dogs to bark even after being informed that they disturb the peace of another, you could potentially be charged with a crime. While unlikely, and it may not be sufficient to compel a prosecutor to pursue it, you might still get the citation or summons and have to deal with it in court.