By : Ron Sokol | Category : Uncategorized | Comments Off on Neighbor Has Dogs That Bark Constantly Well Into The Night
30th Sep 2013
Q: Our neighbor has two dogs, and they often bark constantly well into the night. Efforts to convince him to take the dogs inside have been ignored. What do we do? M.W., Torrance
A: The Torrance Police Department, Animal Control Section, has a Barking Dog Incident Report you can fill out and submit. If you have questions about the form, call 310) 618 3850. If that does not get the problem resolved, you can write to your neighbor. Point out California Penal Code Section 373a which provides that under certain circumstances, a person who allows a nuisance to exist on his property may be punished for a misdemeanor with a fine as high as $l,000 and/or six months in jail. The noise you describe likely does constitute a nuisance as defined by law because it creates a disturbance of the peace let alone the tranquility of the neighborhood. Thus, another option is to file a court action to abate, that is, to stop the barking. Small Claims Court is available to seek money damages. If you sue there, and can prove a monetary aspect to the incessant barking, that might convince your neighbor to resolve things. Or, if there is a mediation service locally, and your neighbor is not unreasonable, encourage him to attend with you. After all, it could be as simple as placing bark collars on the dogs!
Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.
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