By nature, a dog will bark sporadically throughout the day. Although the dog owner signed up for this noise when he adopted or purchase the dog, you as a neighbor, did not sign up for this whatsoever.
What Can I Do If My Neighbor Has a Loud Dog?
The best option is to talk to your neighbor and try to settle the matter. You may give the dog owner a period of time to get the dog trained. Unfortunately, this does not always work. Regardless, you will have the option to report this noise complaint to your HOA (for CC&R violations), animal control, local police (for local zoning ordinances), and small claims court.
If the Dog is a Nuisance, What Can I Do?
Generally, you will have a small claim against the owner where you can establish that the dog is a nuisance. To do so, you must show that the dog barks excessively, and as a result, he disturbs your quiet enjoyment of your home.
Once that is established, the court may award penalties that range from warnings to fines. In some rare cases where the dog is extremely dangerous, then the state will confiscate that dog.
Do I Need a Lawyer?
An experienced nuisance lawyer can help you establish a plan to attack or defeat the dog barking problem. He is more knowledgeable of the law and can help you determine the feasibility of your case.
Authored by Mabel Yee, LegalMatch Legal Writer