Barking Dog causing Health Problems

Indiana -

My elderly widowed neighbor leaves her Shetland Sheep dog unsupervised in the back yard all day long 9 am to 7 pm. The dog barks whenever anything moves. I guess it barks every 30 to 40 minutes. Sometimes it barks 1 or 2 times; sometimes the barking goes on for 5 or 10 minutes. Does that constiitute a nuisance under Indiana law?

The dog belongs to her son, but he leaves it with her because he has 6 or 7 dogs - so he can't take another one. (Yeah - that's reasonable. Not.)

My bedroom is with in 5 feet of the neighbor's back yard.

I have a home based business writing computer code - so my finances are compromised.

This has gone on for two years and I now have SEVERE anxiety attacks and clinical depression.

What exactly defines nuisance barking in Indiana? Should I get a formal letter from my Doctor indicating my health is at risk. Can you recommend a dog law expert in Indiana?

The ONE time I called to complain - she cried and acted like I was stepping on her rights. She was very defensive and argumentative.

The dog is cute. She is a sympathetic figure being an elderly lady. But the dog runs completely unsupervised in the back yard. The dog is NEVER taken for a walk - although she takes walks around the neighborhood daily. It's a bit cruel to keep a herding Shetland Sheep dog in a small backyard. The lot is about 8,000 square feet (I think) and her fence is about 7 feet from my bedroom.)

I don't like to cause trouble. But I don't want to have a nervous breakdown either.

Do I have a case?

Thank you.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

It is probable that nuisance barking would be a local ordinance. Check with your Town offices.

An example of a local ordinance may be found at: New Dog Barking Ordinance.

Hey USEYOURHEAD,

take the advice of your user name.

If the dog goes ape-poop whenever it here a person near...

Then make the dog go nuts, 24/7....

Then it will be obvious the dog is a nuisance..

Dear xylene - Good point - Good perspective.

I've been hiding in my home to avoid making the dog bark.

So yes, it's a nuisance that I can't get my mail, take out the garbage, or even sit on my porch, etc. during the day without jumping out of my skin.

In the summer, I can't go past my bathroom window without setting off crazy shrill barking.

I think I'll put a tape recorder in my pocket and walk around my house a few times.

Also - I did look up the Homeowner's Association, County and Town Ordinances. ALL say "repeated, offensive" barking is not allowed. But I've heard it's hard to enforce. And that I need to prove it's a nuisance. I guess it's all about interpretations of the word. Wish I knew where to look up case law in Indiana to see the track record.

Any more advice?

Thanks!

USEYOURHEAD said:

Any more advice?

Thanks!

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Buy some earplugs.

ALL say "repeated, offensive" barking is not allowed.

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Call the authorities every time the dog barks. That will establish the "repeated offense".

Don't just carry a tape recorder around with you. Tape the dog barking and play it back on a large stereo at two in the morning. My brother did that and the neighbor got the message.

My own neighbor's dogs use to run loose and bark every time I got home from work at 1:00AM. They were about 300 feet away, but I would stand in my driveway, and as soon as they quieted down I would just shuffle my feet in the gravel and set them off again. It was only a short time before all the lights came on in the house and the owner came outside to call the dogs in.

Seriously, try talking to the woman and explain your problem just as you've done here. Be firm, not angry, and suggest some methods for preventing the dog from barking. Walks, exercise, discipline, electronic collar, or get rid of the dog.

I'm a dog lover, but I would never allow my dogs to annoy other people.

To 154NH773 - Thank you. I'm an animal lover too. It's cruel that they never walk the dog. Just leaving in it the yard ignored.

I'm trying to resist turning my stereo on tonight with heavy metal at 1 - 2 and 3:00 a.m. I'm not a mean person --- but even very nice people can be driven absolutely mad.


To everyone - for anyone else having this trouble - check out this web site with legal advice, research on health impact of constant noise and even instructions on how to post your neighbor's barking dog on YouTube.

www.barkingdogs.net - Everything there is to know about chronic barking & how to stop it.

USEYOURHEAD said:

I'm trying to resist turning my stereo on tonight with heavy metal at 1 - 2 and 3:00 a.m. I'm not a mean person --- but even very nice people can be driven absolutely mad.

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Disturbing the peace probably isn't the best idea. The site you referred to has a section on sound emitting devices that are triggered by dog barking. That could train the dog to to bark, or, if used in a human-audible frequency, train the owner as well. It looks like these devices can be purchased for $50.

Another point is that what may be a nuisance to you, may not be considered a legal nuisance.

“Whether or not a particular annoyance constitutes a nuisance shall depend on its effect upon persons of ordinary health and average sensibilities, and not its effect upon persons who are delicate or super-sensitive, or whose habits, tastes or conditions are such that they never are sensible of any annoyance.” Mathys v. City of Berne, Inc. 501 N.E.2d 1142, 1146 (Ind.App. 2 Dist.,1986)

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If you can prove that your anxiety and depression were caused by the barking dog, you may have a case for intentional infliction of emotional distress, but that's a tough one to prove involving an expensive court battle with expert witnesses.

I'm trying to resist turning my stereo on tonight with heavy metal at 1 - 2 and 3:00 a.m.

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Heavy metal would be harassment, a loud recording of the dog's barking would make an unmistakable point. (It also might get you in trouble, so take your chances. I'd rather talk it out if possible)

When you talked to your neighbor, were you calm and kind, or agitated and aggressive?

Also - ear plugs, noise cancelling headphones, and white noise are all good things.

There is an animal control section in every local community. They will come out and check on the animal's well-being. That will give the neighbor notice that the barking is a problem from someone neutral. If the animal is being neglected, lack of food and shelter outside, and lack of exercise can cause the animal to become anxious, which in turns leads to them barking when they know someone can hear them.

One other thing I may recommend is for YOU to buy your elderly neighbor a bark collar for the dog.

I am not suggesting one of the electric ones... but, instead, one of the ones that releases a terrible scent every time the dog barks.

The electric ones shock the crap out of the dog every time it barks or yells.

Let someone else handle it

I'd make that dog bark morning, noon and night till someone else calls it in. We have one like this where I live in NJ.. I wait about an hour and call the police.. then silence. If you can't bear to hear the barking you are going to make it do? ask a friend to come in and you get out.... make the dog go ballistic... for hours!