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Barking dogs next door

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H

hilde

Guest
What is the name of your state?I live in New Hampshire next door to a registered kennel with 25 dogs. The kennel was here for 10 years before I built my house. At the time I was building, the kennel owner told me how thrilled she was to have a neighbor and voluntarily offered that if the dogs were ever a problem all I had to do was call and she would shut them up. There are no other houses in the area.
Since I moved in a year ago the barking has been a huge problem despite repeated calls to the kennel owner. I went to the town selectmen and they sent her a letter asking her to control the barking. The barking continued. I looked up the New Hampshire State law (Chapter 466:31) which says dogs are considered a nuisance if they bark "for more than 1/2 hour or during the night hours so as to disturb the peace and quiet of a neighborhood or area". After about 30 calls to the police a total of 3 summonses have been issued. The kennel owner is pleading not guilty based on the fact that it is a registered kennel and was here before me. I intend to appear in court to plead my case. In the meantime I have recorded several hours of the problem with my camcorder both day and night.
My questions: Do I stand a chance in court ? I see no exemption in the law for kennels. If she is found guilty, at what point can her dogs be taken into custody as described in the state law?
 


I AM ALWAYS LIABLE

Senior Member
hilde said:
What is the name of your state?I live in New Hampshire next door to a registered kennel with 25 dogs. The kennel was here for 10 years before I built my house. At the time I was building, the kennel owner told me how thrilled she was to have a neighbor and voluntarily offered that if the dogs were ever a problem all I had to do was call and she would shut them up. There are no other houses in the area.
Since I moved in a year ago the barking has been a huge problem despite repeated calls to the kennel owner. I went to the town selectmen and they sent her a letter asking her to control the barking. The barking continued. I looked up the New Hampshire State law (Chapter 466:31) which says dogs are considered a nuisance if they bark "for more than 1/2 hour or during the night hours so as to disturb the peace and quiet of a neighborhood or area". After about 30 calls to the police a total of 3 summonses have been issued. The kennel owner is pleading not guilty based on the fact that it is a registered kennel and was here before me. I intend to appear in court to plead my case. In the meantime I have recorded several hours of the problem with my camcorder both day and night.
My questions: Do I stand a chance in court ? I see no exemption in the law for kennels. If she is found guilty, at what point can her dogs be taken into custody as described in the state law?

My response:

I guess you're the guy with "Stupid" tattooed on his forehead. You said, "There are no other houses in the area" yet you bought property and built next to a kennel.

C'mon, how stupid was that?

By the way, I've got some beautiful ocean view property for sale - - the only downside is that it's right next door to a rocket engine testing laboratory. Interested?

IAAL
 
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H

hilde

Guest
I thought the name of this site was free advice, not free insults. FYI, 3 other houses are scheduled to be built this fall in the same area. I would appreciate a professional response.
 

I AM ALWAYS LIABLE

Senior Member
hilde said:
I thought the name of this site was free advice, not free insults. FYI, 3 other houses are scheduled to be built this fall in the same area. I would appreciate a professional response.

My response:

What do you want?

The following quote of yours says it all - -

"The kennel was here for 10 years before I built my house."

Knowing what you knew, and still deciding to build in that location, was pretty damn stupid. Logic would tell you that there's no humanly thing possible to keep 30 plus dogs from barking. Yet, you believed it, and built your home next to a kennel. You're not the sharpest knife in the drawer, are you?

So? You made your bed, now you get to sleep in it.

IAAL
 
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nextwife

Senior Member
Fine, ask her to tell the dogs to be more considerate and keep their voices down. Otherwise she should put them in a time-out.
 

rmet4nzkx

Senior Member
nextwife said:
Fine, ask her to tell the dogs to be more considerate and keep their voices down. Otherwise she should put them in a time-out.
The civilized people of Paris, have for years had a problem with their dogs, who happen to have more rights than people, urinating etc on the sidewalks. To solve this problem, they installed pictures of a dog pointing them towards the gutter, the dogs in true French Libiterian manner, ignore the signs.

OP, you moved next to a kennel. The code you cited doesn't apply to your situation because there was no neighborhood, it was a single isolated appropriately licensed business for 10 years before you moved next to it. How can a reasonable person not expect dogs to bark when you have 25 different dogs continually interacting. More likely than not, when all the dogs are barking, there is a reason for it. I guess you would muzzle your child if they cried at night?

Perhaps that is why you got the land so cheap? They are grandfathered. If you move next to an existing garbage dump or slaughter plant you can't complain because of the smell, same for new neighborhoods built next to existing airports, try ear plugs or leave the tv on to mask the noise.
 

PghREA

Senior Member
I have to agree with the other posters. Just last week I showed a home to a client which was perfect for them. However, while walking around the grounds, we heard barking and upon investigating, we found a kennel about a quarter of a mile down the road. We crossed that home off our list. Common sense says that occupants of a kennel are going to bark.
 

nextwife

Senior Member
Poster, why do think it is that the saying:

"What are the three MOST important considerations in choosing real estate?
Location, Location, Location."
is so popular?

It is the one thing about a parcel of real estate that cannot be changed. Appearance and landscaping can be changed. Size and type of structure can be changed. In my area virtually the only lots on which any new homes are built is by doing "tear-downs".

You move next to a kennel, you end up with a kennel as your neighbor. I am certain there has been no CHANGE in the noise level since you bought.
 

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