What does the law say about dog barking?


Does the barking of your neighbor’s dog bother you or, on the contrary, does your dog bark constantly enough to disturb the neighborhood? Note that the law considers a dog’s barking day and night to be a fine-for-noise nuisance for its owner. Let’s evaluate the regulations in force and the solutions to be implemented.

What does the law say about dog barking?

A dog’s barking is considered a domestic nuisance by law. In short, they are perceived as distracting to the neighborhood, such as the noise of a lawnmower, loud music or television, singing, crying, or heels.

However, the law makes a distinction according to the moment when these barks are emitted by the animal.

Daytime noise (between 07:00 and 22:00)

R. 1334-31 of the Public Health Act, which regulates the various forms of noise pollution. is the item. In particular, “a given noise, by its duration, repetition or intensity, should not affect the peace of the neighborhood or human health in a public or private place, whether through a person’s origin or through something in the custody of a person or an animal placed under his responsibility. ”.

Therefore, it is forbidden to make noise during the day between 7 am and 10 pm. If your dog’s barking is disturbing your neighborhood because of its repetitive, intense, and/or prolonged nature, you expose yourself to the risk of punishment. As a result, your pet’s barking can be considered a nuisance if it’s too loud, too repetitive, or too long.

The strength of barking is not subject to tolerance thresholds, as may be the case for other sources of noise, even if some municipalities impose strict regulations. However, the tolerance of the neighborhood should also be considered, as some people are more sensitive to noise than others.

As soon as your dog’s barking is considered irritating during the day, you will be subject to a flat fine of 68 euros, an increase of 180 euros for non-payment within 45 days. If the injured neighbor appeals in civil court, you may have to pay him compensation.

Night noise (between 22:00 – 07:00)

If your dog barks between 10 pm and 7 am, it is night barking. In this case, the law is stricter, and R. 623-2 of the Criminal Code sets out the penalties to be applied in case of “aggressive or nighttime noise or noise disturbing the peace of others”. is the item.

When barking occurs at night, even if it is not repeated, loud or prolonged, it is considered a nuisance. The disturbance in the middle of the night is enough to consider them an abnormal disturbance for the neighborhood.

What should you do if your neighbor’s dog bothers you?

Admittedly, enduring the barking of your neighbor’s dog can be difficult, as can roosters. But even if the law gives you a reason, avoid threatening your master at the risk of seriously affecting your relationship. Here are our tips.

A well-meaning dialogue

Instead of attacking and threatening to sue your neighbor, start by initiating a compassionate dialogue. In fact, he may not be aware of the discomfort his dog’s barking may cause for you, or he may already be looking for a solution.

Start by talking calmly to him, letting him know that his pet is barking at certain times of the day or night. If it happens in his absence, he can sincerely ignore it. However, your neighbor is also experiencing this barking very badly and may not have found a solution yet.

There are many reasons why a dog barks. He can endure the absence of his masters badly, but at the same time he is bored, does not push himself enough, does not know how to manage disappointment, has a very strong protective instinct, etc. It can be an anxious animal. There are solutions to help the animal stop barking, but masters do not necessarily control them.

You too can be the power of quotes. Don’t hesitate to talk to your neighbor about possible solutions to help your pet feel better and reduce and stop repetitive barking. Show yourself as helpful as possible to avoid taking on the role of lecturer.

Of course, for this to work, your neighbor has to be open to it and be willing to improve the situation. At the same time, some people have a hard time getting advice about themselves or their pets because they feel they are being judged by their behavior.

A friendly reminder of the rules

If dialogue is not possible, you can proceed to the next step, which is still a friendly solution, preferable to legal means. You can send a courtesy letter to your neighbor reminding him of the current legislation and penalties for his dog’s barking, which qualifies as noise pollution. Feel free to cite the Public Health Act and the legal texts that refer to it.

A simple letter is sufficient at first, but if the situation does not improve, renew your submission by registered mail with acknowledgment of receipt. This could be proof that you are trying to negotiate.

You can also seek help from the co-ownership syndicate or a justice conciliator to resolve this dispute as amicably as possible, or even catch a bailiff who can go to the field to observe any nuisances associated with dog barking.

litigation

If your attempt to find a friendly solution has not been successful, you can call the police (gendarme or municipal police) and observe the situation on the spot.

If the disturbance is actually observed, the police can fine your neighbor 68 Euros, whether the dog is the owner or temporarily in charge of him. If your neighbor does not pay within 45 days, it will be increased to 180 Euros.

The police can also send a formal notice to the neighbor requiring him to come up with a solution to address the noise pollution problem. If they don’t follow this directive, your neighbor may be fined a second time or their animal may be confiscated.

You can also sue in civil court for compensation for damage. For this, you will need to provide concrete evidence such as letters you send to your neighbor, a copy of the report from the police, statements from other neighbors who have been aggrieved, and a medical report about your doctor’s negative effects. noise pollution etc. on your health and well-being. If you are satisfied, the judge can order your neighbor to pay you compensation or even take other measures (such as termination of the lease if the neighbor is a tenant).

On the other hand, if you notify the police or go to court unjustly, your neighbor may, on the contrary, report you for making a defamatory report, and the criminal court may fine you up to 45 thousand euros to pay him compensation. or imprisonment for up to 5 years in case of complaint.

What to do in case of discomfort if your dog disturbs the neighborhood?

If your dog is causing distress, you need to take action to stop his barking. Initially, you will need to identify the source of this disorder in order to provide an appropriate response. Let’s take a look at the main causes of excessive barking in dogs.

get excited

If your dog is very excited, he may bark repeatedly to drain his frustration and excess energy. Teach him a simple command to help calm him down.

  • Step 1: At home, teach your dog to associate “stopping” with something positive. Say “stop” and give him a treat.
  • Step 2: As soon as she starts to get agitated during your outings, say “stop” to her and invite her to come back to you for her treat.
  • Step 3: Stimulate your dog with a favorite toy. Say “stop” as soon as he approaches and give him a feast if he obeys you.
  • Step 4: Test the same technique as soon as your dog barks. Tell him to “stop” and reward him with a reward if he obeys.

Boredom

Your dog may be barking out of boredom. If he can’t tire himself as much as he should or can’t stand your absence, build good habits. A stroll in the garden isn’t enough, your dog needs to get outside for at least 30 minutes each day to explore new stimulating environments.

Also, leave stimulating toys within reach to keep him occupied in his absence.

conditioning

You may have unwittingly taught your dog to bark for satisfaction. For example, if your dog barks in the garden for you to play with him, and you give up right away so as not to disturb the neighborhood, he will realize that the moment he wants to play with you, he will just have it. bark. A habit that can be repeated for every request.

Conversely, you should ignore your dog. If he realizes that he is not getting what he wants, his barking will stop quickly.

Do not hesitate to consult your veterinarian for his opinion on the matter. He or she can refer you to a behavioral veterinarian to apply a more appropriate solution if needed.





Source link

Leave a Comment

Your email address will not be published.