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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We have a dog that barks. We both work so we keep the dog

Customer Question

We have a dog that barks. We both work so we keep the dog inside while we are gone, windows shut, we just got another complaint filed against us for a noisy dog. We've had to go to court once already for this and were told we had to keep the dog inside. We are trying to do the right thing as we don't appreciate having to go to court over this. No one has any solutions for us. Asked the humane officer that served the complaint what else we could do, also the person at the humane society when I when to get a copy of our file. No one even slightly tries to help or even care. Do we have any rights here. Any help would be greatly appreciated. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The answer that I will provide will likely not be favorable so I ask that you do not blame the messenger. I happen to be a dog owner myself and can understand the difficulty of having a noisy dog on the premises.

Legally speaking since the dog belongs to you, you are responsible, and it is not the issue of you appreciating to having to go to court, but the fact that your neighbors are entitled to what the law calls 'quiet enjoyment' of their own premises. Since the noise is emanating from you, you are responsible, and it is generally not the responsibility of the neighbors, the humane society, or anyone else to try to help. I apologize for the direct tone, but I want to be direct and point out that while you may feel as if you are entitled to their help, under law they have absolutely no duty here. As far as your rights, you have a responsibility to comply with local noise ordinance laws, and that may require you to consider soundproofing your property so that the noise does not escape--I had to do that myself when I was sheltering a very noisy animal and realized that his noises emanated beyond my walls. Another option is surgery--a vet may be able to perform a procedure on the vocal cords of your dog so that the noise he makes will be severely lessened. But again, all that is your responsibility as you are the owner of the dog in this instance.

Sincerely,

Dimitry, Esq.

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