What are my legal rights when an inconsiderate neighbor will not take steps to stop his dog barking?
We have a neighbor whose big dog barks loudly across the neighborhood from 4pm to late at night. Does anyone know what my legal rights are? Or what steps I could take with local law enforcment to have this guy stop his dog barking?
The best way to learn about the barking law that applies to your area is to call the mayor’s office and inquire as to who handles barking dog complaints. Usually it will be the Department of Animal Control or, much less often, the Police Department. Call the appropriate department and ask them how you can get a copy of the law. Be sure to get it in writing. Then, read it carefully for yourself. Don’t take anyone else’s word for what the document supposedly says.
The enforcement of noise ordinances is viewed by most law enforcement agencies as a low-prestige, low-priority assignment to be avoided. Therefore, in those few places where there are viable anti-noise ordinances in place, it is common for officers to mislead citizens who call-in asking for help with noise problems, by denying the existence of the statute or by misinforming the caller as to what, exactly, the law says. Or they may mislead you concerning the ground rules of the enforcement of the statute.
I hope this helps, ring the mayor’s office today.
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Filed under Puppies Problems by on Dec 15th, 2011. Comment. 
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Comments on What are my legal rights when an inconsiderate neighbor will not take steps to stop his dog barking?
NOTE: this is for the city of Alburquerque just find the phone numbers of your city and follow these instructions:
First Occurrence
Call the Animal Care Center (505) 768-1975 or fill out the on-line form below.
Letter is sent to the owner & complainant placing the owner on 15 day notice.
Second Occurrence within 15 days of the first occurrence
Call the Animal Care Center (505) 768-1975 or fill out the on-line form below.
An Animal Services Officer will be dispatched to the residence to inform the pet owner of potential future actions.
Third Occurrence within 7 days of the second occurrence
Complaint and must come to one of the Animal Care Centers to fill out a barking dog affidavit. directions to the shelter
Officer will be dispatched (If pet barks for more than 10 minutes continuously, the pet owner will be cited.
If barking is not witnessed by an Animal Care Officer, complainant is advised to file a criminal complaint with Metropolitan Court.
Hope it helps
Quickly: You should have a cause of action sounding in private nuisance (a substantial, unreasonable intereference with enjoyment or use of your property). Since money damages won’t resolve the issue, you should seek an injunction against him for the actions of his dog (which of course, he’s responsible for). An injunction is an equitable remedy as opposed to a legal remedy and is discretionary with the court. But I would think your case should be a cinch. HOWEVER, DO NOT CONSIDER THIS LEGAL ADVICE. Consult a local attorney or perhaps, as you mentioned, the local law enforcement.
first and formost be nice . get a real good recording device and tape this dog barking for as long as he barks one night . the best is a vedio cam so you can prove you did not cause his behaviour. file several police reports .Then find a lawyer and sue the bark out of him.
Most places I have lived have noise ordinances that prohibit annoyances from 9pm until 7am. Call the local police to help with your problem. However, if it was my problem I’d talk to my neighbor about it first.