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Neighbor Made False Barking Dog Complaint- take to court?

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Pemi

New member
What is the name of your state? NH

My dogs never bark excessively- I have kept a barking dog log ever since I saw a post on the Town's (not town-maintained) Facebook page from this particular (23-year old) neighbor complaining that my dogs "bark all day every day". My dogs bark fewer than 5 minutes total a day, usually for less than 1 minute a day, often not at all. I am assuming these neighbors were seeking revenge because I called in their illegal fire- they were burning plastic for three days and I finally called it in when my house was full of fumes- but this is taking it too far. I now have a barking dog "summons" and I will be taking it to court because I know that my dogs did not (and never have) barked for 30 minutes straight during the hours of 6 am to 10 pm (and never at night). This is what is required to violate the statute.

Details- On Sunday evening about two weeks ago, my partner and I took all the dogs out in the car to trails to go running and didn't get back until 5:50 pm. This can be confirmed by my home "Blink" cams, photos we took of the dogs while running, and GPS map of the run (includes date, time, and of course location). When we got home, the dogs were inside with us, as per usual (and not barking), until a police officer suddenly appeared at my door at 6:30 while I was cooking dinner. My dogs didn't bark until the cop knocked, so the house was completely silent as he drove up then walked up my driveway.

At first I was being smart and said that I wouldn't comment and would talk to my lawyer, but my partner got worked up after the officer said he hadn't heard barking, wouldn't look at our video footage, and was just going off the neighbor's word. A chat with a very un-experienced police officer at your doorstep never is productive. In NH a police officer can be on the job for a year prior to formal training.

I don't know these neighbors and have never talked to them or interacted with them at all. Not once. Neither have any of my dogs. I have a securely fenced yard. I don't ever leave dogs out in the yard unattended. I bring them in or quiet them if they are barking.

I have lived here for four years and never had a barking dog complaint. These new neighbors moved in this summer.

A few other issues:

1. My partner went to knock on their door, calmly, to talk. When the neighbors saw this on their security camera, they called the police to file a trespass notice- so now we can be arrested if we step foot on their property. We likewise filed a trespass notice for them after this.

2. According to the police, the neighbors weren't even home at the time of the alleged barking. They got it off their security cams. They also weren't home when my partner went to knock on their door.

3. For several nights, we've heard the neighbor's dog on the other side of these immediate neighbors barking for 1.5 to 2 hours straight. This dog is a different breed and sounds very different from our dogs. We've logged and recorded this barking.

4. The neighbors who complained love diesel vehicles and when they moved in this summer, they woke me up revving up and down their driveway- then idling loudly for 2-3 hours in the middle of the night- from 10 pm to 2 am. I didn't call the police in order to keep the peace between these new neighbors, but did buy a white noise machine so I could sleep. It was aggravating.

5. These new neighbors are best friends with a 23-year old officer in this town (department consists of a total of one chief and 3 part-time officers). This cop has been a problem for the past few months, and threatened me with a dog at large ticket for dogs that I told him (and turned out to be) a different neighbor's dogs. He was rude, unprofessional, and another officer "solved the case" as the neighbor's labradors. Ever since then, this officer has popped up in random spots following me around town as I run my dogs, etc. This same officer was supposedly visiting at the neighbor's house AFTER the barking and wrote a statement. I don't even know how that would work if he didn't hear the barking... this is all a weird mess. I have kept a log of all this.

What can I do here? How best to do I prove my dogs weren't barking? Do I get to see their "video evidence" prior to trial?

I don't have excess money to hire a lawyer.

My ideal solution would be working with a mediator to come to some sort of agreement with this neighbor and for the first time get a chance to talk face to face.

I'd also like this dog barking "case" dismissed.

I'd love to go after the neighbor for illegal surveillance as well. The police told us details of me and my partner's private conversation, which we had at normal speaking level in my fenced in back yard (expectation of privacy) that was recorded on the neighbor's security cams. Their property line is at least 100 ft from where we talked, and they were able to hear the conversation only because of the audio on their security cam. This is a gross invasion of privacy, and if you were able take it really far a felony in the state.

But, really, I simply want peace in my house. And peaceful communication with the neighbors so we can figure out a amenable solution.

Thoughts? Suggestions?

I am fearful of retaliation, and what they could lie about next. Clearly, they have the police on their side. And there's not much I can do about that.
 



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