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Being Harassed for reporting her DOG barking all night

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EYECeverything

New member
California.
After loosing my job dues to sleep deprivation, and having to listen to neighbors dog bark all night, I FINALLY got nuisance abatement to send an ordinance violation letter. This took almost a year.
I will use "M" indicating the negligent dog owners name. M had been asked several times by other neighbors, to stop the dog's barking before I moved in, 3 houses down. Dog is outside all day and night, barks at nothing, only dog out and barking from 8pm until 4 am. 6 children in this house, never supervised, quite aggressive.
Home receives Section 8 funds, landlords are M's parents (this family has a long history of extremely questionable money dealings).
Shortly after letter was sent, someone began honking their horrible whiny horn several times between 9 and 11:30 p.m. as they passed until my bedroom window. I found this to be a similar age black woman as M, who visits M 5 to 7 evenings a week. This young woman was seen by another neighbor telling M's kids to "bark" at me.

Obviously, despite the fact there are 2 additional neighbors on the nuisance complaint, I have become "the bad guy" worthy of being harassed. I have filed 2 complaints already, however I already know our P.D. will not help me. I WANT to avoid the hassle of taking this to court, and I NEED this ridiculous childish crap to STOP. The dog still barks although much less, and the horn honking is every time she leaves that house. I wonder if it is worth my time to try and work this out with M's parents (and landlords) first, OR, start a civil suit now. I am very close to taking this into my own hands and doing something to the horn honker that could put me in jail. I cannot let myself remain passive about this much longer, as it is literally driving me up the wall.
 


quincy

Senior Member
It is almost always best to try to amicably resolve neighbor problems with the neighbors first.

If an amicable solution is impossible, you should take whatever legal actions are available to you. Complaints to proper authorities about noise ordinance violations is a legal action available. Continue to complain.

And, if the noise from the barking dog and honking horn upsets your sleep, I suggest you invest in ear plugs.

Good luck.
 

not2cleverRed

Obvious Observer
California.
After loosing my job dues to sleep deprivation, and having to listen to neighbors dog bark all night, I FINALLY got nuisance abatement to send an ordinance violation letter. This took almost a year.
I will use "M" indicating the negligent dog owners name. M had been asked several times by other neighbors, to stop the dog's barking before I moved in, 3 houses down. Dog is outside all day and night, barks at nothing, only dog out and barking from 8pm until 4 am. 6 children in this house, never supervised, quite aggressive.
Home receives Section 8 funds, landlords are M's parents (this family has a long history of extremely questionable money dealings).
Shortly after letter was sent, someone began honking their horrible whiny horn several times between 9 and 11:30 p.m. as they passed until my bedroom window. I found this to be a similar age black woman as M, who visits M 5 to 7 evenings a week. This young woman was seen by another neighbor telling M's kids to "bark" at me.

Obviously, despite the fact there are 2 additional neighbors on the nuisance complaint, I have become "the bad guy" worthy of being harassed. I have filed 2 complaints already, however I already know our P.D. will not help me. I WANT to avoid the hassle of taking this to court, and I NEED this ridiculous childish crap to STOP. The dog still barks although much less, and the horn honking is every time she leaves that house. I wonder if it is worth my time to try and work this out with M's parents (and landlords) first, OR, start a civil suit now. I am very close to taking this into my own hands and doing something to the horn honker that could put me in jail. I cannot let myself remain passive about this much longer, as it is literally driving me up the wall.
Does the dog have protection from the elements? Is the dog being humanely taken care of? The reason I ask, is that if the dog is being neglected, that should be addressed first. (ASPCA, for example.)

It does not matter what kind of housing M has - section 8 or otherwise, that is not relevant.
It does not matter what color M or her associates are - that is not relevant.
Mentioning irrelevant "facts" like this detracts from any argument you think you're making.

Depending on where you are in CA, there may be noise ordinances. Look into that. Get a white noise machine. And consider moving.
 

Just Blue

Senior Member
Does the dog have protection from the elements? Is the dog being humanely taken care of? The reason I ask, is that if the dog is being neglected, that should be addressed first. (ASPCA, for example.)

It does not matter what kind of housing M has - section 8 or otherwise, that is not relevant.
It does not matter what color M or her associates are - that is not relevant.
Mentioning irrelevant "facts" like this detracts from any argument you think you're making.

Depending on where you are in CA, there may be noise ordinances. Look into that. Get a white noise machine. And consider moving.
(y)
 

Gail in Georgia

Senior Member
The information regarding contacting Animal Control is correct. Many counties have what is known as "tethering laws"; dogs cannot be tied outside day and night (if this is the case) without owner supervision. Some counties have statutes regarding dogs forced to live outside 24/7 without (as previously mentioned) protection from the elements.

Dogs are pack animals and if forced to live like this the end result is that they bark at nothing because they slowly been driven insane with this lifestyle. They are miserable and become a nuisance to everyone who lives around them.

Gail
 

commentator

Senior Member
I would strongly advise you to be in counseling for your own peace of mind. You would be terribly sad to "allow" this situation to cause you to do something that would put you in jail. You've given these people way too much power. You've allowed this situation to become all-consuming in your life, and you are pretty much at their mercy at this point. You actually lost your job due to the dog barking? That is very sad. And its unlikely you can get enough satisfaction from a lawsuit, or even an unlawful act. Either way, they win. You lose.

And more sadly, they're not nearly as invested in this as you are. They are just having fun and entertaining themselves cheaply by very casually harassing you. Blowing a horn, telling kids to bark at you, it's silly and easy. And if you sue them, it's entirely likely that you'll spend all that money and time, and they're going to keep doing everything they are doing, and you're not going to be able to stop them. I'd bet that they are judgment proof, financially. So you spend the money and the time and the mental energy of taking them to court. And then what? You may win a judgment. Or you may not. If you do win, it will be very hard to collect financially, as it sounds like they might qualify as low income (multiple children, sect. 8 housing) They're not even going to take the dog away from them. All your efforts to control the situation and MAKE them do what you want them to do will not work.

The way to extinguish undesirable behavior is by providing no reinforcement for it. With your complaining, obsessing, threats, letters, complaints, you're not hurting them a bit, you're letting them know they're really bothering you. And you're reinforcing their undesirable behavior. The dog is probably not going to stop barking. Noise blocking is your best remedy. It's hard to determine if the court would declare the barking dog a public nuisance. You mention that the police haven't been responsive to your complaints in the past. In my experience in another area of the country, there's probably no way that Animal Control is going to take the dog away from them. The Humane Society isn't going to have any power over the situation. Even if your county has specific laws about how they can treat animals, the "shelter from the elements" and standard of care that animal control calls adequate isn't very adequate.
 

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