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Nuissance Dog - Countersue for Harrassment

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IBDBOSS

Junior Member
What is the name of your state? Utah

Today I was cited by an animal control officer for a nuissance dog. She stated that the neighbor behind me signed a citation and I will be going to court.

What I would like to know is do I have grounds to countersue for harrassment?

Here is the story:
Five years ago when I purchased the house I also got a Yellow Lab puppy. Within a month I was approached by a neighbor (who lives behind me with a 30-ft irrigation easement separating our yards) saying that my dog was barking continually. I was apologetic and offered her my phone number and said that I didn't know he was barking because I was at work all day long. I told her to please call me if it was still a problem and I would see what I could do.

Well, the saga begins....
I received numerous phone calls within a short period of time and instead of her asking me to do something about it she proceeded to threaten to take me to court. I must have received these calls at least once a week. After about 4 months of her leaving messages on my answering machine I had enough. I called her up to talk about it and she proceeded to threaten to take me to court. I finally told her that if she didn't leave me alone I would file a harrassment suit against her. Well that worked for a while. After about 6 months I get another phone call and then a couple notes on my door stating that if I did not do something about my dog she would see me in court. So, I went out and purchased a $50 bark collar. Apparently the collar did not work because she kept calling and finally she called animal control and they gave me a warning (you can get two in a years time frame before going to court). So, I then went and bought an actual shock collar with higher voltage ($400) and proceeded to train my dog.

The barking only seemed to be a problem to her because whenever I was home the dog would not bark. I even went to the extreme of parking down the street and sneaking into my house to see if he was barking when I was not home. Well, she called again this time complaining about the dog jumping on the fence (solid white vinyl). Mind you, we don't even share a fence. So, I decided that to pacify her I would put my dog in his run during the day when I was not home.

Meanwhile both the neighbors to the North and South of me have gotten numerous warnings and even been to court over the issue. The particular neighbor that is complaining is the only one. Animal control even claims she calls so much they even ignore her sometimes.

What I need to know is do I have any recorse in countersueing this person? My neighbors have said they would be willing to testify and also be part of the law suit.
 


IBDBOSS

Junior Member
That seems like an easy solution, but the dog weighs 90 lbs and would destroy the inside of a house. There are to many chemicals in the garage to put him in there, so I am left to outside. I just don't feel he barks enough to be a nuissance, and I can't stand barking dogs!

I forgot to mention the officer told me that she needs to be able to see which dog is barking and in order for her to do that she has to walk over to my yard and look over the fence. She cannot see into my backyard from her yard.
 

BelizeBreeze

Senior Member
I just don't feel he barks enough to be a nuissance, and I can't stand barking dogs!
I guess your neighbor does think it's a pain in the ass however.
I forgot to mention the officer told me that she needs to be able to see which dog is barking and in order for her to do that she has to walk over to my yard and look over the fence. She cannot see into my backyard from her yard.
and that's what she will say when you ask her in open court.
 

IBDBOSS

Junior Member
So are you saying I have no course of action. Seems like you are not really giving any valuable advise, just stating the obvious.
 

Shay-Pari'e

Senior Member
You need to Google your animal control laws, and or call animal control and find out the laws.

I understand your situation and I understand your neighbors.

We have two Huskie puppies. Same parents, different litters. They are now teaching each other how to howl. (Funny to watch, but not funny to hear) Kodiak is one on !0/16, and Klondike will be one May 31/07.

You need to be as neighborly as possible here, because the end out come could be your lab being taken away.

In CA, I know that everyone under the sun could call about the dogs, yet a petition signed by at least 3 people is in order for it to be brought in front of a judge. At that hearing the judge will decide if your dog is *GUILTY*. After that, you only need two other calls for animal control to take your dog away.

Your hearing is important for you to attend. I would not instigate this neighbor any further.

On the flip side,

I understand your neighbors concerns. You don't know what is going on when you are away.

I listen to my neighbors dogs going crazy every night between 9-10. I suck it up, close my windows, but not everyone is that tolerant.

I understand your issue with not keeping him in the house also. I couldn't get mine to stay in the house if I wanted, (And I don't as they shed), but you seriously need to be the bigger man if you love your doggie and want to keep him.

Suck up to the neighbor is my advice on this in all honesty.

Dogs are dogs, not humans, and we all need to try and tolerate as much as possible.
 

racer72

Senior Member
There is one easy and unfortunatly not cheap method that could fix the whole problem. A dog that barks, especially when left alone is either bored or scared, often both. That is one reason the dog does not bark when you are home, he feels safe knowing you are there and you provide something to catch his attention. Get your dog into a good obedience program and he (and you) will learn a lot about the things that now cause the barking. Do this and I will almost guarantee you will not hear from the neighbor again.
 

Shay-Pari'e

Senior Member
There is one easy and unfortunatly not cheap method that could fix the whole problem. A dog that barks, especially when left alone is either bored or scared, often both. That is one reason the dog does not bark when you are home, he feels safe knowing you are there and you provide something to catch his attention. Get your dog into a good obedience program and he (and you) will learn a lot about the things that now cause the barking. Do this and I will almost guarantee you will not hear from the neighbor again.
Absolutely Racer, the only problem is that the Lab is 5 years old.(May not work at this point) It may also help to get the little guy a buddy. More poop, but more fun for your doggie.
 
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lamotjuste

Junior Member
One more option Barker Stopper

Shock collars don't work to well, dogs do bark when they are alone and when the owner is home as well, it depends on the dog when it barks. If the person is afflicted with certain mental disorders the barking may be triggering a very negative response. With that in mind you have a barking dog to warn you of any prowlers, so no one it the winner here. Extra flood Lights are as effect as a barking dog. I would try Barker Stopper ultra sonic sound to train your dog when not to bark and this seems like this is all the time, some may say get a companion for your dog but you may end up with two barking dogs. I would not counter at this time because you are second to the plate and it would only seem vindictive, ask the court for an arbitration to try and settle it before the Court date, if that is available in your area. Other then that the other opinions are very good, but you are more aware of the situation then any one.
 

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