(no subject)

[dreamgirly19.livejournal.com]

I have a slight problem with a neighbor and I havent a clue how to deal with this.

We have had two small-medium size dogs for over a year now. We put a doggy door on our house so they could go in and out as needed when we werent home during the day. They have also had that since they were born so it isnt anything new.

Since they were able to go outside they have always barked at people that come up to our fence on the neighbors left side driveway...when the dogs are outside of the fence they are loving and know our neighbors but as soon as they get behind out fence they just bark to alert us people are there and bark till they go away. Now obviously we tried to rid them of this bad habit but its hard when we dont catch them in the act everytime during the day when they were puppies. To be honest it isnt that bad, they bark for maybe 2-3 mins the person goes away and its over...maybe it occurs 3x a day at most.

Now all of a sudden our neighbor behind our house has called animal control on us twice in the last month and a half or so. The first time it was for 'us not taking care of our dogs properly, and that the backyard was full of feces and the dogs looked sick". The animal control came and there was maybe one or two #2's we hadnt yet picked up and the animal control women inspected our house and said it was fine and we moved on. Now the first time she didnt tell us it was the neighbor behind us just that it was anonymous.

Today she came again to tell us the neighbor behind our house was complaing that the dogs are vicious and bark all day long and shes afraid of them. Well...I have been home ALL day today and the dogs have been at my side at all times...they did not go outside other than their morning bathroom and they werent barking. I told animal control that, and she said maybe we should try putting a Beware of Dog sign on the front side fence so people will not come to the gate and then they will be more quiet. I am going to try that.

its obvious the woman doesnt like our dogs i guess, which is weird to me because they are no different now than they were a year ago and she just starts to complain now? I feel like she is putting fake reports...our backyard was NEVER inhumane i was shocked someone could say that, all of our other neighbors know us and know the dogs and love them and know we treat them well. But my question is...How do i find laws about barking, or neighbors making false claims? I dont know what to do, and I dont want animal control coming here again!

Comments

[hahathor.livejournal.com]

Not sure how stringently these are enforced, but they may be relevant.

3-33 Disturbance of the peace by dogs

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-33. Disturbance of the peace by dogs.

No person shall own or harbor within the city any dog which, by barking, biting, howling, or harassing any person, or in any other manner, disturbs the quiet of any person.

(Code 1963, ? 13-3; Ord. No. 1994-14 6-23-94)

State law references: Barking dogs, M.G.L.A. c. 140, ? 157.

+++++

Chapter 140: Section 157 Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs

GENERAL LAWS OF MASSACHUSETTS
PART I.
ADMINISTRATION OF THE GOVERNMENT
TITLE XX.
PUBLIC SAFETY AND GOOD ORDER

CHAPTER 140. LICENSES
DOGS

Chapter 140: Section 157 Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs

Section 157. If any person shall make complaint in writing to the selectmen of a town, the officer in charge of the animal commission or person charged with the responsibility of handling dog complaints of a city, or the county commissioners, that any dog owned or harbored within his or their jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, or that any such dog by such barking or other disturbance is a source of annoyance to any sick person residing in the vicinity such selectmen, officer in charge of the animal commission or person charged with the responsibility of handling dog complaints or county commissioners shall investigate or cause to be investigated such complaint, including an examination on oath of the complainant, and may make such order concerning the restraint or disposal of such dog as may be deemed necessary. Within ten days after such order the owner or keeper of such dog may bring a petition in the district court within the judicial district of which the dog is owned or kept, addressed to the justice of the court, praying that the order may be reviewed by the court, or magistrate thereof, and after such notice to the officer or officers involved as the magistrate deem necessary the magistrate shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. Any party shall have the right to request a de novo hearing on the petition before a justice of the court. The decision of the court shall be final and conclusive upon the parties. Any person owning or harboring such dog who shall fail to comply with any order of the selectmen, officer in charge of the animal commission or person charged with the responsibility of handling dog complaints, county commissioners or district court, as the case may be shall be punished by a fine of not more than twenty-five dollars for the first offense and not more than one hundred dollars for a second or subsequent offense, or by imprisonment for not more than thirty days, for the first offense and not more than sixty days for a second or subsequent offense, or both.

The act of a dog in attacking or biting another dog or other animal may be made the subject of a complaint under the provisions of this section.

Magistrates shall exercise their authority hereunder subject to the limitations of section sixty-two C of chapter two hundred and twenty-one.

[dreamgirly19.livejournal.com]

I dont really understand law talk...i just re-read that twice and all i get is anyone can complain about any dog if they bother them? Im not being a pain i really dont get it :/

[androidqueen.livejournal.com]

i think that's true. that is, you don't have any recourse in the law. your best bet is to find out who it is and deal with her in person.

[hahathor.livejournal.com]

Basically, it says that if your dog is disturbing someone's peace, it is your responsibility to correct this. As to why the complaint is happening now: This may be a new neighbor, or their circumstances may have changed in such a way that the barking is more of a problem (e.g., they are now working night shift, they have a new baby whose naps are being disturbed, etc.). You may want to introduce yourself to your neighbors and start a dialogue with them to find out if there's a way you can come to some agreement. The other options are to train your dogs not to bark or to keep them inside when you are not around to discipline them.

[chenoameg.livejournal.com]

Yes.

"No person shall own or harbor within the city any dog which, by barking, biting, howling, or harassing any person, or in any other manner, disturbs the quiet of any person."

If your dogs bother someone you're in violation of the city ordinances. The primary way for you to avoid this would be to keep the dogs inside when you're not at home.