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I received a letter from Mesa City Animal Control stating…

I received a letter...

I received a letter from Mesa City Animal Control stating that there has been a complaint about my dog barking. We have tried everything from bark collar to noise/sound collars. It's taken us months to clear up his scabs on his neck from a shock collar and the noise collars made him bark even more. He only barks during the day never at night. We even got home a friend to keep him company while we're away but still our neighbors are complaining.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Mesa, Arizona

Lawyer's Assistant: What steps have you taken so far?

Shock collar, noise collar.... keeping him inside... talking to our neighbors explaining to him that we're trying

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know if we have any legal rights before we have to start paying for fines he doesn't bark at night only during the day

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Answered in 2 minutes by:
3/15/2018
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,465
Experience: 16 yrs. of trial experience
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if the city can enforce their noise ordinances?

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Customer reply replied 4 months ago
I still don't know what are city noise ordinance it is?

Thanks...so what is your question this evening?

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Customer reply replied 4 months ago
Do I have any rights as a dog owner to fight the $150 fee. They still have not shown any proof that the dog that is barking is mine and not the dog behind us.

Is there a hearing set for this? I understand they issued a ticket, did the ticket provide you with the opportunity for a hearing?

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Customer reply replied 4 months ago
No, but I know my neighbor won't stop until we end up in court. I just want to be prepared for when that day comes.

Before they can enforce a fine, they need to bring you to court. You have the RIGHT to attend court. If the city can not prove your dog is causing the problems? You will not be held liable. It is that simple.

That said, the burden of proof is not high...they only need to prove by "more likely than not". It is not like at a criminal trial where they have to prove you guilty beyond a reasonable doubt.

So if there is evidence your dog is making the noise? They can fine you. But they must provide evidence.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,465
Experience: 16 yrs. of trial experience
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P. Simmons and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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