Q: My neighbor is accusing us of “noise violations” because our dog barks at him (while he’s taking pictures of them).
We live on an acre of land and the dog ONLY barks when the man is creeping around our property (in bushes and driveway) he’s taking us to an animal services hearing where we’ll supposedly be charged $250 for “noise violation” He claims dogs can’t bark at all but I want the dog to bark as protection, I have 3 children, I want to keep them as safe as possible
A: Each county or local government has its own code (or not) regarding excessive barking. They are vague. For instance, Montgomery County’s reads, “An owner must not allow an animal to cause noise that is loud enough and persistent enough to disturb another person’s quiet enjoyment.“ This should be an objective standard, not a subjective one, meaning a noise that is both “loud” and “persistent” to an ordinary person, not a hyper-sensitive “princess and the pea” person (look that children’s story up if you don’t know it). Most noise ordinances apply primarily between 10 p.m. at night through 8 a.m. in the morning, so that may provide a little more guidance to what level of “loud” and “persistent” is needed for other parts of the day.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
