Can Animal Control Take Away Your Dog For Barking?

So, the big question is, “Can animal control take away your dog for barking?” It’s totally normal for neighborhood dogs to bark every now and then. As a matter of fact, it’s part of their nature. We, human beings, must totally accept the fact and reality that dogs bark and that there is simply no need to blame them for it. However, let’s say, if barking gets too annoying or excessive, then one may have the right to phone the animal control department of local police. Bear in mind, as this should only be used as a final or last resort for excessive barking; not if a dog occasionally barks every now and then. Sure, barking dogs can bother certain people but it’s not always the wisest course of action to just straightaway involve the animal control department or police, and complain about it. Rather than go straight into taking action, from a logical and safer standpoint, one should address this particular issue measurably and rationally.

The unfortunate reality is not everyone out there is a responsible pet owner, meaning an irresponsible pet owner may not even care if his or her own dog barks outside all night — which, by the way, is very disturbing because nobody likes to experience a sleepless night from excessively loud and constant barking. When a responsible pet owner notices its dog barking, he or she either commands the dog to stop barking or simply just brings it back inside the house.

An irresponsible pet owner not giving a care in the world about its pet causing a disturbance in the neighborhood is inconsiderate. However, having a toxic relationship with that irresponsible pet owner is not going to make things any better. On the bright side, though, there are pet owners out there who are willing to improve a dog’s behavior and make a positive change for the community. The good news is if neighbors are more understanding of a considerate and polite dog owner, then that dog owner has a greater chance of having his or her dog gain more training, get better at obedience training, and be at a much lesser risk of having his or her dog getting taken away. Or, even worse, facing an expensive and potentially damaging lawsuit.

Reacting To A Barking Dog

Before filing a complaint, there are some better course-of-action tips to consider:

• Ask Yourself, “Is the barking really excessive?”
• Total silence is never expected, especially when living in close proximity to a neighbor.
• So, consider if the amount of barking is really worth involving animal control in it.
• Know the law.
• Laws regarding dogs are different among every other location; best to gain more knowledge about the law wherever you’re living.
• Knowing the law can also help one make wiser decisions.
• Talk to your neighbor
• Find a good time to visit your neighbor. Also, it’s best to ask beforehand, “Is this a good time to talk?”
• If hesitant about talking, you can write a clear and nicely worded letter; leave it in their mailbox or tape it on to their door.
• Your neighbor may have no clue how his or her dog’s barking is affecting you, so it wouldn’t be fair to easily judge or suddenly scold him or her about this issue.
• Approach your neighbor calmly and politely; tell him or her how the dog’s barking is affecting you. If he or she responds rudely, then it may be considered appropriate to take some action, so that the owner becomes aware of the consequences of his or her behavior.

To curb a dog’s barking, it’s imperative for one to identify the cause first. According to the Pasadena Humane Society, in California, common reasons dogs bark and suggestions for calming an excessive barker include:

• “Protect Territory: Manage the barking by restricting your dog’s view. Block access to windows, doors or fences where the dogs can see other dogs, passerby, or whatever is causing them to bark.”
• “Boredom: Provide a more stimulating environment. Take your dog on regular walks. Use interactive or puzzle toys.”
• “Frustration: Dogs are social animals and may bark if isolated or left alone for long periods of time. Limit the amount of time your dog is left alone.”

In Lakewood, Colorado, the animal control department there also offers some helpful, additional suggestions, such as:

• “Bring your dog inside the house when you leave. Many dogs bark when you are not at home.”
• “Put the dog in a confined area, such as a temperature controlled garage or kennel area.”
• “Always make sure the dog has water and shelter from the weather.”
• “Anti-bark collars are another option when used responsibly. Consult a dog trainer to learn about proper use.”
• “Training is the key to a happy, well adjusted dog.”

Nuisance Barking Laws

It’s crucial to clearly determine what nuisance barking really is. According to the Los Angeles Animal Services, “excessive noise” clarifies as “noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. Factors that the Department may use to determine whether the barking is excessive may include, but are not limited to, the following: (i) the nature, frequency and volume of the noise; (ii) the tone and repetitiveness; (iii) the time of day or night; (iv) the distance from the complaining or affected party or parties; (v) the number of neighbors affected by or complaining about the noise; (vi) any other relevant evidence demonstrating that the barking is unduly disruptive; and (vii) whether the dog is being provoked.”

According to San Bernardino County, in California, after reporting to animal control, one of the steps taken includes: “If the nuisance noise goes unabated after the notice of violation has expired, the complainants may lodge another complaint. The Animal Control Officer can then issue a third party citation to the owner to appear in court. The person filing the complaint must sign the citation AND appear in court along with the officer to testify. A judge will decide the merits of the case and may impose a fine or other action.”

According to Los Angeles County’s Animal Care & Control, “We (the County of Los Angeles Department of Animal Care and Control) can only accept and process animal noise complaints — including barking dog complaints — from residents of our service area. We provide service to all unincorporated (non-city) areas of Los Angeles County as well as to a number of contracted cities.”

In Houston, Texas, a dog is considered a public nuisance if it meets the following conditions:

1. “Substantially interferes with the right to enjoyment of life or property by persons other than the owner by acts including, but not limited to, frequent, long, or continued barking or howling, repeated defecation on property other than that of the owner, or damaging property other than that of the owner;”
2. “Attacks domestic animals;”
3. “Is documented by Animal Enforcement, a police officer, a neighborhood protection official or a member of the public to be running at large three or more times in a 12-month period; or”
4. “Is one of a number of dogs or other animals maintained on the property owned or controlled by its owner so as to be dangerous to the public health, safety or welfare.”

Case Studies

According to U.S. based lawyer David Allen, when it comes to excessive barking dogs, some lawsuits can get quite downright serious. For instance, Allen worked on a case that involved the Norton family and a neighbor, Thompson. The Norton family owned the barking dog, which made a decent amount of noise at one hundred and twenty-eight decibels; almost as loud as a jackhammer. As a result, Thompson became increasingly bothered with the noise, which then prompted him to take action and complain about the issue.

Thompson couldn’t get anything to calm the dog down, so he sued the Norton family and sought $500,000 in damages. However, the Norton family didn’t take the matter seriously and ignored the lawsuit. Since the Norton family didn’t respond, Thompson decided to get a default judgment, in which the court entered judgment against the Norton family with the amount of $500,000. According to Allen, “The lesson learned from this case is when you’re served with a lawsuit, you better do something about it. Contact the people who served you with a lawsuit, find out what’s going on, and figure out what you can do to defend it. However, don’t ignore it.”

According to Jeff Isaac, another U.S. based lawyer, he says, “Calling the police is an option, but they won’t be interested.” In addition, Isaac also says that it is always best to first talk to your neighbor and work things out. But, if a dog turns into a public nuisance, then it will be at higher risk of facing some degree of trouble. If it’s a public nuisance, one can file criminal misdemeanor charges. Therefore, animal control can also get involved. This all depends on the time of day, frequency of the dog barking, and the loudness. Also, it’s best to detect if both sides of the community in a neighborhood are affected. To cope with this in a civil manner, one can go to a small claims court. In a small claims court, a lawsuit can be filed; it’s called a tort action.

In tort law, a lawsuit must be reasonable. So, it’s always best to ask oneself, “is there a reasonable or unreasonable amount of noise going on?” And, lastly, Isaac says, “Use common sense first, because many forget to do that.”

An Oregon couple, Dale and Debra Krein, nearly won a quarter of a million dollars in damages due to Mastiffs barking loudly and constantly near their home. However, the Kreins had been living this mischief for thirteen years. Even after the couple spoke with the dog owners numerous times, nothing was done to help curb or stop the barking. All in all, this case conveys how it is almost the perfect example of proving how it all depends on the magnitude of the issue.

In other states, such as Colorado, it’s become easier to complain about a neighbor’s barking dog. In Colorado, specifically in Boulder County, a dog disturbing the peace is considered to be “loud, persistent and habitual barking, howling, yelping, or making any other loud, persistent and habitual noise, whether the dog is on or off the premises.” Two complaints from two homes, about the same dog, can lead to fines. However, a newly proposed change would now require just one person to complain, only if that person submits video evidence of the barking dog. However, one must make sure not to trespass on someone’s property to take a video of the dog.

Back in 2017, Tampa, Florida cracked down on dog barking after residents filed more than three-hundred complaints. In order to better handle this situation, the city of Tampa looked at how other municipalities handled this, or would handle this. In Florida, negligent pet owners can face up to five-hundred dollars in fines or even sixty days in jail. According to one Tampa resident, he says it’s better to enforce warnings to pet owners first, so that dog owners can spend their money on dog training instead. In Hillsborough County, one needs two signed affidavits from neighbors who live really close by to one another. That is, in order for it to be considered a disturbance and a nuisance.

Conclusion

By taking action, it all depends on the magnitude of the situation. So, yes, within some magnitude, it’s a possibility that a dog can be taken away by animal control for excessive barking. Bear in mind, this option should be considered a last resort. We must also trust that animal control will not place harm in a dog’s way, because that isn’t fair or ethical either.

A dog doesn’t deserve to get into trouble for occasionally barking every now and then; that isn’t common sense. Several animal control departments also offer some helpful suggestions on how to calm a barking dog. First of all, it’s always important to determine the root cause of the barking so to handle the issue better. Training is the key to a better, well adjusted dog and it’s an owner’s responsibility to make sure that his or her dog gets proper training. Most importantly, before escalating the issue of a barking dog any further, it’s crucial to use common sense by first talking to your neighbor always.