Barking Dog Lawsuits: October 2017 Update

Can you sue the owner of the barking dog that's driving you nuts? You sure can! Here's what a Florida real estate attorney has to say:

Homeowner could sue neighbor over barking dog

Now, here's the downside. You could win your case, but your neighbor may appeal. Happened in this case, which began in 2002:

Owners must surgically 'debark' loud dogs, court rules

Here's the money quote from the story:

"The Appeals Court upheld the $238,000 verdict and Gerking’s ruling, reasoning that the Kreins shouldn't have to file lawsuit after lawsuit to recover compensation as the problem continues. In his written opinion, Appeals Judge Joel DeVore likened that to a 'judicial merry-go-round.'"

Thank you, Your Honor. And let's be aware of the fact that merry-go-round has an on/off switch. It can't run forever. Nor should it.

Barking Dog Lawsuits: June 2017 Update

Here's an interesting case out of Dayton, Ohio:

A couple is suing their neighbors over barking dogs. The suit seeks more than $125,000 in damages.

The husband in this couple is a doctor. According to the Dayton Daily News report, "the constant barking has affected their marriage and [the doctor’s] ability to be rested well enough to perform surgeries."

Bingo. There it is. Sleep deprivation affecting interpersonal relationships and one's ability to perform at work.

Who hasn't suffered from these things? I can attest to the fact that I'm suffering from sleep deprivation right now. (Thank you, owners of the robo-yapper down the street.)

The Dayton Daily News story goes on to say:

"Six dog-related criminal cases from March 2015 to June 2017 have been filed against the [dog owners] in Vandalia Municipal Court; two have resulted in guilty pleas and $25 or $50 fines.

"'A reasonably prudent person would not allow their dog to make such excessive noise that it frequently and habitually interrupts, or precludes, the sleep of neighbors,' wrote [a local lawyer who is the plaintiffs' attorney], adding that his clients 'have a right to the enjoyment of their property, and to relative peace within their home.'"

In two short paragraphs, we see two big problems with dog law:

1. Six trips to court by the sleep-deprived neighbors and the dog owners. And slap-on-the-wrist fines in two cases.
2. The right to quiet enjoyment and peaceful use of the home. Which requires defense through an expensive lawsuit because the criminal process was so ineffective.

Here's a better system: The Model Anti-Barking Law, courtesy of the BarkingDogs.net website.

And, to that sleep-deprived couple in Dayton, I send you my best wishes for a huge victory in civil court.

Another Useless Barking Ordinance

With great fanfare, Hillsborough County, Florida has announced a new anti-barking ordinance. Sounds good, huh?

Well, like many things, the devil is in the details.This is yet another one of those ordinances with a multiple household rule. Meaning that if you're bothered by barking, you must get two of your neighbors to go along with you before a complaint can be filed.

Talk about a recipe for inaction. Quite often, the owners of barking dogs will turn the entire neighborhood against the barking-bedeviled person who dares to complain about the sacred utterances of Fifi or Fido.

After all, the dog owner is the victim! And Fifi and Fido? Well, they are beyond reproach because they are dogs! Everyone knows that dogs are always wonderful! All the time! So, we must not complain about them! Ever!

Well, dog worshipers, here's a news flash: Barking is noise. There are other types of noise that are dealt with quite harshly. And promptly.

Take, for example, my own city of Tucson. Place sounds like a kennel. But, when it comes to loud parties, there's the red tag ordinance. You hear a loud party? Is it keeping you up half the night? You call 911, and the police come. Oh, do they ever! The party house gets slapped with a red tag -- it goes on a front window where e-v-e-r-y-b-o-d-y can see it. The fines start at $500.

Why is this approach not used for barking complaints? The Hillsborough story offers a clue. The local rescue angels are up in arms because this new ordinance might reduce the adoption of dogs. After all, people might get in trouble with the law because of barking.

Rescue angels, here's another news flash: There's this thing called responsibility. You talk about it often. Responsibility includes having consideration for one's neighbors. If your potential adopters can't control a dog's barking, then maybe they shouldn't have a dog.

Subprime dog loans?

So, another night of waking up too early, and not being able to get back to sleep. The reason? Let me spell it out for you:

B-A-R-K-I-N-G

And here's something that should cause all of us to lose sleep: Subprime loans for buying a dog.

People, if you can't afford the price of the dog, don't buy it. It's that simple. Don't let the pet industry propaganda manipulate you.

On the other hand, subprime dog loans could be a sign of Peak Fido. (Hat to my dog blogging colleague, Animal Uncontrol, for coining this phrase.)

Barking Dog Lawsuits

Key point from my county's animal noise complaint process page:

"Complainants may also pursue civil action of their own."

Which raises the question: Can one be successful with such an action? Answer: YES!  

Here are two recent examples from the Pacific Northwest:

1. Disgruntled couple awarded $240,000 from neighbor in DOG BARKING lawsuit after claiming the Tibetan mastiffs caused them a decade of unrest
2. Seattle family may lose house over barking dog

In order to win in civil court, you must prove that you have suffered some sort of harm. Take, for example, your health.

If the barking has caused you to lose sleep to the point where you've become ill, you may be able to recover damages. Here's an Illinois case where that is being attempted.

And here's a Colorado case that's even more egregious. Unfortunately, this man had ineffective legal counsel. Beware of that.

Then there's the financial angle. Has the barking caused you to suffer monetary loss? Is it affecting your ability to do business? You may be able to recover damages.

If you don't think that your barking issue rises to the level of a civil court trial, consider small claims court. This book may be helpful.

Protection Dogs

It's 3:21 a.m. and here I am at the computer.

Why? Same dogs as two nights ago. They're barking their heads off. Again.

I don't know their owners, and, quite frankly, I don't want to. Why not? Because they're probably going to tell me that they have the robo-barkers for protection.

And you know what? Those dogs are doing a great job! They're preventing the following:

1. Peace and quiet
2. A good night's sleep for the neighbors

Protection, my ass.

Oh, if those dogs were barking at a prowler, hell, that crook left the neighborhood an hour ago.

And the barking continues.

Soundtrack for Another Night of Ruined Sleep

Live! From the neighbors' yard! Here it is!

Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark!

I might add that it has been a rainy night in Tucson. Which has been made worse by the neighbors' inability to open the door and let their dogs back into the house.

Barking Dogs and Lawsuits

Speak to any personal injury lawyer, and you'll learn that dog bite cases are their bread and butter.

Barking dog cases? They're pretty rare.

However, that may be changing. Here's a case from Illinois:

Barking Dog Drove Up Sleep-Deprived Old Lady’s Blood Pressure: Lawsuit

Quoting from the story:

[The plaintiff] "has a right to the quiet and peaceful enjoyment of her condominium,” the suit said, but the barking dog is depriving her of that. So she wants at least $50,000."

I hope she wins.

And they wonder why some people hate dogs

This just in: Baying Bassett Hound drives neighbors to distraction

And it's yet another story that features an overly entitled dog owner and a whole bunch of neighbors who've had enough of the noise. The dog owner can't imagine why others aren't as enthralled with precious Lucy's baying as he is.

One neighbor, a retired NYPD detective, has been subjected to noise-athons that have lasted for for more than five hours. Nothing like being forced to listen to that, is there?

And they wonder why some people hate dogs.

Follow the Money

Readers old enough to remember the Watergate scandal remember Deep Throat, the senior government official who worked with The Washington Post reporters covering the story. (He was later revealed to be Mark Felt, associate director of the FBI.)

In the movie "All the President's Men," the Deep Throat character advised Washington Post reporter Bob Woodward (played by Robert Redford) to follow the money. He was referring to the secret Nixon campaign money that was used to pay the Watergate burglars.

And that's our mini-history lesson. This post is about following the money behind the out-of-control barking plague.

First in our rogue's gallery of big money pots: The pet industry. In the U.S., it's a big money-maker. To the point where estimates point to a 2015 expenditure of $60-plus billion. Yes, that's billion with a B. That's how much Americans spend on their pets. In one year.

Keep in mind that this is the same industry that comes up with logic-bending terminology like "pet parents." That's right. If you have a dog, you're Rover's mommy. Or daddy.

All I can say is "Puh-LEEZ!" And I'm not the only one.

But think of what happens if we, the neighbors, are kept awake by Rover's barking. We try to talk to Rover's owners and how dare we do such a thing! Who are we to question the precious utterances of their little four-legged baby?

If we take our complaint to our local animal control agency, we hit another roadblock. Which is the name of this agency.

If your area is like mine, it's no longer in the control business, it's all about animal care. Which means that it has placed the welfare of animals over public health and safety. Can you say "Dereliction of Duty?" I sure can -- because I have experienced it. Many times, in fact.

What's behind this change of focus? Well, it's time to meet the second big money pot: The animal rights extremist movement. It's the movement that places the rights of dogs above humans, often with tragic results.

What's needed to counter these two big pots of money? How about a human rights movement?

Lies Dog Owners Tell

Ever had an owner tell you that his dear, sweet little doggie doesn't bark? Oh, no. Not ever.

Well, Mr. Dog Owner, what was that sound we heard when we were trying to sleep? Was that your dog, whispering outside our bedroom window?

Then there's that perennial classic: My dog barks because he's doing his job.

And what job might that be? Creating noise pollution? If so, your dog is doing fantastic work! Give him a raise!

Oh, here's another one: No one else has complained about the barking.

Well, maybe not to you, exalted dog owner. And there's a reason for that. It's called futility. We've learned (the hard way) that trying to talk to you about your dog's sacred utterances isn't worth our time.

The Department of Shameless Self-Promotion. If those lying dog owners are getting on your nerves, head over to the QuietBarkingDogs store.  Plenty of clothing and bumper stickers that quietly make our viewpoint known.

The Cult of Dog

Here's a story that will make your blood boil. Man and his wife move into their Colorado dream house. And then they find that their dream is not to be.

Why not?

Because of the Cult of Dog.

It dictates that you must be forced to listen to nonstop barking from the neighbor dogs. If you make any attempt to get the noise stopped, your life will be ruined. Because that's how things are in the Cult of Dog.

This man tried that advice that we all get -- talk to the neighbor who owns the dog. Didn't work.

He also tried to get help from his local police department. Animal control. Mediation. An attorney. They screwed him over.

Did I mention that this man is medically disabled and needs plenty of rest? Not possible to get that when a dog is bellowing away, just a few feet from your bedroom window.

What did this man's quest for quiet cost him? Here's a list of what was destroyed by his neighbor's unwillingness to control those barking dogs:

1. His health
2. His finances
3. His standing in the community
4. His marriage
5. His ability to enjoy the quiet use and peaceful enjoyment of his property

But, in the Cult of Dog, none of these things matter. The Dog is all that matters. The rest of us are just a sideshow.

The Doggie Double Standard

Here in Tucson, you can have your rockin' loud party busted by the police. And you'll probably be looking at hundreds of dollars in fines.

But, as the late night infomercial says, that's not all. You'll also have to display a bright orange tag on the front of your house for six months. If you remove the tag before those six months are up, you'll get another fine.

Want to torture your neighbors with impunity? Don't bother with the party. Just leave your barking dog outside. If there's a neighbor complaint, you'll get a Sternly Worded Letter from animal control. And you'll get the chance to strut your BS in an optional mediation session with your neighbor.

Sound like fun? It sure is! You and your neighbor get to take time out of your busy schedules so that you can explain why you're incapable of controlling your dog's noise.

If mediation fails (as it often does), or if your neighbor isn't interested in mediating (why bother with such a pointless exercise?), the neighbor can request an barking log from animal control. How cool is that?

Every time your neighbor has his house filled with your dog's barking, he gets to record it in his official animal control log. Wow! And then he can turn it in to animal control. If animal control thinks that your neighbor has suffered enough, there's a hearing.

Uh-oh! You could get fined!

Notice a double standard? I sure do!

If I were to stand out in my yard and yell for several hours, I'd be arrested. So would you.

Which begs the question: If human noise gets immediate attention from the police, why doesn't barking dog noise? Must be due to the Doggie Double Standard.

The Department of Shameless Self-Promotion. Start spreading the news! Barking is becoming as unfashionable as secondhand smoke. And you can become a peace and quiet fashionista at my QuietBarkingDogs store.

Barking News Roundup - July 30, 2014

New law gives county teeth to stop barking dogs

Excerpt: “I can’t talk on my property. I can’t blow my nose. I can’t open an outside gate,” [the bark-bedeviled man] told Clackamas County commissioners. “I can’t stand out there and water my own backyard.”

Why not? Because, according to him, each time he does, two neighboring dogs start barking incessantly.

Dog owner fears court over barking noise complaints

Excerpt: [The clueless dog owner] was served with an abatement notice ordering her to take action to stop the nuisance barking earlier in the year, but as the complaints continued council staff visited the property next-door on three occasions in May and have compiled a report noting on the noise sending neighbours barking mad.

I rarely hear a barking dog in the UAE and long may that situation continue

Excerpt: In my old house in East London, my next door neighbour had a Jack Russell, which not only yapped at all hours of the day and night, disturbing my sleep, but burrowed under the garden fence and used my lawn as a toilet. The response from the dog owner was not repeatable.

Dispute over barking dog ends in assault, arrest

Excerpt: “The defendant said that the dog constantly barks at him and he is tired of it,” according to the documents.

The Department of Shameless Self-Promotion. Fed up with barking dog noise? Well, head over to my QuietBarkingDogs store. It has tee shirts and bumper stickers that quietly and firmly get our point across.

This Month's Barking News Roundup - 4/18/14

As we head into Easter Weekend, I'd like to dedicate this post to my boneheaded neighbors. The ones who made a certain Easter morning unforgettable by letting their yappy little noise-bomber out at 4:45 a.m. To this day, I remain baffled as to how you could have slept through the racket. I sure didn't.

From the "Well, duh!" department, we have this news story:

Barking dogs can take bite out of neighborly relationships

Then there's the case of the apologizing dog owner. But the dogs are still barking...

Dog owner apologizes for barking complaints

Unfortunately, the battle against barking can take decades. Look at this guy's story:

The lone howling of a crusader against dog barking

Unlike the barking dogs, the trains are doing something useful...

Haverstraw woman lives by tracks, but it's the barking she can't stand

The Department of Shameless Self-Promotion. Had enough? Make a point without making a sound with tee shirts and bumper stickers from the QuietBarkingDogs store.

This Month's Barking News Roundup - 11/12/13

Starting this Roundup with a couple of recent dog shootings. From Canada, we have a report of people trying to sleep during the wee hours of a Sunday morning. And someone getting fed up with the noise.

From the suburbs of Detroit, there was the pit bull left in the care of an elderly man with dementia. Its owner had gone to work. Dog was left outside to roam the neighborhood, a barkathon ensued, and noise-weary neighbors called the police. Dog charged at the officers, who responded with deadly force.

A WXYZ-TV report on the incident said, "The Saint Clair Shores Police Chief didn’t want to go on camera, but said police worked for hours to catch the dog with a dog stick.  He says they only shot when they felt the dog posed a danger to them – and kids out on their way to school.  He says neighbors reported the dog running at people in the neighborhood earlier in the morning."

Moral of the Story: If you allow a dog to run loose and threaten your neighbors, don't be surprised if one of them calls the police. Who are armed.

And lest you think that barking and crime don't have a connection, there's this from Virginia:

Complaint about barking dogs in Alexandria leads to dog-fighting arrest

To which I say: Too bad those crooks couldn't teach their dogs to fight quietly.

And how about this story from New York? Tip: If you're on the lam, it's best to keep quiet. And train your dog to do the same.

And, finally, from The Washington Post, we have this advice: Neglectful neighbor shouldn’t have pets. Agreed. And remember, it's okay to be pet-free.

The Department of Shameless Self-Promotion. Tired of all the excuses? Head over to my QuietBarkingDogs store. It's an oasis of peace and quiet.

This Week's Barking News Roundup - 10/25/13

Should dog barking really be a punishable crime?

Excerpt: [A]nimal control in League City says that her "children" are breaking the law by barking too loud!

To which I say: The dog owner needs to grow up. For one thing, her dogs are NOT children. They're dogs. Always have been. Always will be.

For another thing, dog ownership is a privilege, not a right. As part of this privilege, a dog owner must manage his/her dogs so that they are not a nuisance to others. That includes keeping the barking noise from becoming a public disturbance.

Can't handle these responsibilities? Then don't have a dog. It's that simple.

Barking dogs just beginning of the problem

Excerpt: I ask you then, if a dog barks loudly and obnoxiously for a few minutes at 2:30 a.m. and wakes up the neighborhood, is that a valid complaint that should trigger a violation? According to animal control, the answer is, probably not. I was told there should be “tolerance” on my part, and it seems like they make the decision as to what is tolerable.

To which I say: As long as animal control is funded by taxpaying humans, then humans should come first.

Fines for dog barking low in Brisbane City despite thousands of complaints

Excerpt: BARKING dogs are driving thousands of complaints across Brisbane but just three infringement notices have been issued last financial year by Brisbane City Council.

Woman faces losing barking dog

Excerpt: Three nearby neighbours have complained to council saying the dog barks for more than 30 minutes at a time between midnight and 5.30am, causing disruption to their sleep.

I’m Calling About a Barking Dog

Excerpt: In those dark predawn hours the delicate stillness of our treasured sanctuary would often be replaced by the shrill continual barking of a small dog, quickly followed by an angry chorus of shouts and threats by abruptly awakened neighbors. This boisterous interchange between man and dog would continue for upward of 45 nerve-shattering minutes.

The Department of Shameless Self-Promotion. You can advocate for peace and quiet without making a sound. Check out the QuietBarkingDogs store. Clothing and bumper stickers that do the talking for you.

This Week's Barking News Roundup - 09/12/13

This one goes out to the asshole neighbors who left their robo-barking dog out in the wee hours of this morning. Since I can't say FU in person, here's a blog post for ya...

Dog Owner Cited After Neighbor Videotapes Barking

Excerpt: Longmont man says he had enough of his neighbor’s barking dog, so he videotaped the dog and turned the evidence over to police.

Hooray!

Wolverhampton couple fined £1,200 each after nightmare of barking dogs

Excerpt: The council mediation service was called in without success and both defendants were served with an abatement notice ordering them to stop the animals barking so loudly. This was repeatedly broken up to April 16 and the pair were officially warned on April 24 that legal action had been started against them, the court was told.

Yet another example of why mediation is a waste of time and tax money.

Conflict over dogs barking leads to tense council meeting 

Excerpt: The 17 dogs that call the Wadena Humane Society shelter home have been barking to a point where neighbors say they’ve had enough.

I guess the definition of "humane" doesn't extend to being courteous to the neighbors.

ANOTHER VIEW: Neighbors Want Barking Stopped
Excerpt: We are experiencing daily barking that goes on two or more hours at a time throughout the day, every day. Those representing the city of Long Beach have been somewhat effective in reducing the duration of the barking, but have been equally ineffective at ceasing the barking and correcting the behavior of this neighbor.

New initiatives for barking dogs

Excerpt: [W]andering and barking dogs were the main animal control complaints and most came from south Invercargill.

The Department of Shameless Self-Promotion. Looking for something fun to wear at your next barking dog mediation session?. Check out the QuietBarkingDogs store. Clothing and bumper stickers that quietly make your point.

This Week's Barking News Roundup - 07/26/13

Q: Barking Dog In Starbucks: What Would You Do?

A: I'd walk out of the store while saying "Your dog's BARKING isn't music to my ears!" And you can buy that tee shirt in my my QuietBarkingDogs store.

Morris: Barking dogs have neighbors on edge

Excerpt: They live in their backyard full time, rain or shine. They have a sheltered place to sleep plus food and water, but that's it. No human contact except for when the owner shouts "Shut up!" at them. No walks, no play time. Just an endless existence of long days in an enclosure.

What was once my nice backyard -- coffee and newspaper on the patio, playing with my dogs, gardening -- has become off limits. When we go outside the neighbor dogs rush the fence, barking and howling.

It should be noted that this person tried to talk to then dogs' owner. Fat lotta good that did. And Morris the columnist notes, "Your options are limited." Isn't that lovely? I think I'd be screaming "Shut up!" at the top of my lungs. Matter of fact, I've done that. In one case, it worked so well I had blessed peace and quiet for months.

Sussex County Council requests more time in addressing possible ‘excessive’ barking dog ordinance

Excerpt: “Say our constable is called out at 2 o’clock in the morning … a barking dog. Does he (constable) have to sit there for a half hour?”

And that, people, is the essence of a dog barking law that's designed to fail. No cop is going to sit there and witness barking. Only sleep-deprived citizens must do that.

This Week's Barking News Roundup - 05/22/13

Man asks council for help with barking dogs

Excerpt: A Bainbridge man who has taken his neighbor to Municipal Court over constantly barking dogs has asked the City Council for its help.

Tip: This story is open for comments. Follow the above link and add yours.

"Hey, Shut Up Your Dog!"

Excerpt:  Barking is the main reason I despise dogs and their owners so much.  It’s insufferable at times in my neighborhood, and there’s not much I can do about it.  My local animal control agency doesn’t care, unless the dog is barking because it’s neglected.  And the police don’t care if a robo-yapper keeps me awake at night.

Tip: This blog post is open for comments. Follow the above link and add yours.

Judge: No linguist needed in dog-barking murder case

Excerpt: A linguistic expert will not be allowed to testify about what a Flagler Beach man meant when he said the neighbor he had just shot to death in an argument over barking dogs had “begged” him to shoot him.

As Seen On TV "Bark Off" Product Tested At Kanawha Animal Shelter

Excerpt: When flipped on high and placed within 20 feet of a barking dog, the Bark Off worked for 10 seconds before the barking resumed.

The Department of Shameless Self-Promotion. Do you just wish that your neighbor's dog would shut up? Express your displeasure quietly with the tee shirts and bumper stickers in my QuietBarkingDogs store.