barking dog

[tammy1969]

I would greatly appreciate any advice given. My neighbor's dog barks 24/7. This neighbor was issued a fine for excessive barking in Oct/2001 (I initiated the investigation done by City Bylaw).This neighbor says the fine is "not justified". It is now going to court. A Bylaw officer told me that since barking is audible and hard to prove, the case may be dismissed due to lack of evidence. We are very reasonable people and do understand that dogs bark, but this dog sits outside and barks for hours on end!
We are not interested in mediation, as my husband and the other neighbor have discussed the barking problem with this dog owner and he always promises to bring the dog in more, but never does, so we cannot trust his "word". We are very frustrated and upset - my entire family has lost countless hrs of sleep due to this dogs barking! We have never been to court and do not know what to expect. Do we need a lawyer? Will there be legal fees? All I know is to expect a supeona in the mail. Is is possible to win this? Btw, we have been told this dog owner is a bylaw officer in another city. Is it hopeless? Thank you so much for any advice. I greatly appreciate it!

 

[JenniferH]

Have a video camera? Start taping away, am, pm, midnite, whatever, there should be some "proof".


Going to court, bring the other "neighbors" in as well, as witnesses. Don't know if it would work, but it can't hurt.

Lawyer? Maybe, but be ready to put up a retainer. Best atleast get a consult with one to know what your options are lawfully.

Hope you get some rest.

 

[ninalou]

I agree with Jennifer H - taping is great. However, where is the dog outside? In a kennel? Tied to a tree? Where I'm going . . . does the dog have shelter from the elements and access to fresh water?

Bc dogs don't bark 24/7 w/o cause. This dog is most likely neglected by the owners. You may also want to contact your local ASPCA stating that you suspect a problem. When a call is placed, they are obligated to research the situation. If they see the dog is not being cared for adequately, they will write up a citation and give the owner 1 week to correct the situation. If the situation is not corrected when they return, they will take the dog and enforce the citation.

Good Luck