About to file a LAWSUIT against a dog owner....WOOF! WOOF! WOOF! (Kailua: to live in, rated)

[whtviper1]

Well, an attorney would have realized this isn't something the courts entertain.

Oahu does have an animal nuisance law:

Bark 10 minutes straight - or intermittently for 30 minutes and action can be taken.

To file a complaint, you are supposed to contact the humane society.

The Big Island has a similar law - except it can be triggered more easily with intermittent barking for 20 minutes - and you must contact the owner first and take reasonable steps with the owner - if still not resolved, you can then contact the police.

http://www.capitol.hawaii.gov/hsemaj...manual2008.pdf

West Hawaii Today, Kailua-Kona, Hawaii

[CyberCity]

Originally Posted by BarkingDogs

I'm an Asian-American

First sign of a troll: unnecessarily injecting race. Actually, that is the second sign. First sign is it being a "first post", of which I'm tending to ignore all of nowadays.

[khyron]

Originally Posted by whtviper1

Am I the only one who finds the original post hard to believe, I have a hard time believing a real attorney would make a post like that.

new user? check.

single-purpose username? check.

race-baiting in first sentence? check.

insults readers while asking question? check.

unbelievable story elements? check.

explicitly welcomes/begs flamers? check.

...need one go on? Pure trolling. This is what the little exclamation point triangle is for, folks.

[JanND]

Originally Posted by OpenD

Keep in mind that you live on an island, where the interconnectedness of extended family, called ohana, is so much a part of the culture that it's written into our real estate law. You get into a stink with a neighbor, you may be living with it forever. Drop a lawsuit on a neighbor over a barking dog and you will be convicted in the court of popular opinion so fast you won't know where to hide. Seriously... you'll be at the supermarket and the checker will be saying "Aren't you the guy that's hassling my Cuz over his dog?" For the next 20 years.

In other words, start with the softest approach you can. Talk to the neighbor. Cool your jets when you do. Be patient.

If this is true, it could affect your law practice w/ negative word of mouth.

I can't explain how/why people let their dogs bark incessantly. It is one of my pet peeves too, so I get where you are regarding being fed up.

I own a dog, have always owned dogs. But, the minute my dog starts to bark for no reason she is brought in the house.

I know there are devices that can help remedy barking. Some you can attach to say, your deck...and point to the offending dog.Have you tried any of those appliances?

Also, how about the old fashioned dog whistle...only dogs can hear it and I'm assuming it would be distracting and if you blew it only at the start of barking, it might be effective.

If you are determined to involve the legal system or at least get your point made to the dog owner, try utilizing the other neighbors and do a petition like another poster suggested.

Here are a few links:
https://www.petzoompettrainer.com/?M...#page=Main-Tab
dog whistle - Yahoo! Video Search
Animal laws and ordinances:http://articles.directorym.com/Your_...00-Hawaii.html
Noise laws/resources:http://articles.directorym.com/Noise...10-Hawaii.html

[howard555]

Originally Posted by JanND

If this is true, it could affect your law practice w/ negative word of mouth.

I can't explain how/why people let their dogs bark incessantly. It is one of my pet peeves too, so I get where you are regarding being fed up.

I own a dog, have always owned dogs. But, the minute my dog starts to bark for no reason she is brought in the house.

I know there are devices that can help remedy barking. Some you can attach to say, your deck...and point to the offending dog.Have you tried any of those appliances?

Also, how about the old fashioned dog whistle...only dogs can hear it and I'm assuming it would be distracting and if you blew it only at the start of barking, it might be effective.

If you are determined to involve the legal system or at least get your point made to the dog owner, try utilizing the other neighbors and do a petition like another poster suggested.

Here are a few links:
https://www.petzoompettrainer.com/?M...#page=Main-Tab
dog whistle - Yahoo! Video Search
Animal laws and ordinances:Animal Law Centers Hawaii - Hawaii, animal law centers, Hawaii animal rights, Hawaii animal laws, Hawaii dog ownership, Hawaii animal ordinances, Hawaii dog training, Hawaii pet vaccinations, Hawaii leash laws
Noise laws/resources:Noise Law FAQ Hawaii - Hawaii, legal help, Hawaii Property & Money, Hawaii noise laws, Hawaii noise problems, Hawaii landlord liability, Hawaii lawsuits, Hawaii quiet hours

All good advice and actions that can work. We have a neighborhood police officer who uses a dog barking collar on his dog. He's been asked if he thought it was cruel and he said no. Of course the Op could volunteer to buy this $38-$40 collar at Walmart, etc. if the dog owner will try it.

There must be city ordinances related to noise and public nuisance.

There are 4 people in our area who use this:
Dog Silencer Pro - Stop Dog Barking with the Dog Silencer Pro. The #1 Brand in Bark Control and Works 3X Farther than the Competition

Legal action and you may encounter a dog owning judge and/or jury. The dog owners who do not restrain their dogs have no idea the barking is bothering others. They view it as the same as if their kids were in the yard playing and making noises. They can sleep through the barking when other neighbors may not. They may be watching their TV until midnight - 1am every night and can not even hear their dogs bark.

Especially a problem are the dog owners who are tenants and can not have dogs inside, per the lease. So, they are chained outside, 24/7, due to leash laws. This chaining makes the barking worse. We'd bark too if we were chained up 24/7. We'd want to run around and expel alot our energy so we might "sleep at night."

A knock on the door at 3am by a police officer will get their attention.
Legal route you'll likely need decibel meter, audio and video evidence and witnesses.

[HiloDiver]

OP has never returned.

Obvious troll.

[CyberCity]

Yep.

[Wegandi]

Originally Posted by BarkingDogs

I'm an Asian-American attorney about to file a lawsuit against a dog owner for the dog's incessant barking. I live in Kapolei with my wife. We moved from our other house because another neighbor had a barking dog. This time I said enough is enough.

Before you flame me, understand that I love animals.

I just hate barking dogs. (My neighbor's dog is barking again: WOOF! WOOF! BARK! WOOF! BARK!)

The reason I'm posting this is I want anyone out there to rationally explain to me why anyone (who is not a nitwit or a dolt) likes to hear the sound of their dog barking non-stop.

I'm trying to get behind the 'psyche' of these dog owners so when I go before the jury, I can better explain my side.

What makes these dog owners tick? What motivates people in general to love motorcycle noise, rap music, dogs barking, children screaming? It seems the common denominator that I've noticed is they all have a low IQ.

Or is it just me? I went to Harvard so I'm not a complete idiot. I just don't understand some aspects of society. It goes over my head.

Any help, including flames, will help my case. Thank you.

I'm pretty sure their owners probably do not even recognize the dog barking at all. Once you get accustomed to something your body has a habit of not recognizing it even though it is all around you. It's like the saying goes. Spend a few years in rural cow country and you won't recognize that the entire place smells of cow ****. You notice things outside the norm. Just how our brains are wired.

[beach-bunny]

Originally Posted by BarkingDogs

I'm an Asian-American attorney about to file a lawsuit against a dog owner for the dog's incessant barking. I live in Kapolei with my wife. We moved from our other house because another neighbor had a barking dog. This time I said enough is enough.

Before you flame me, understand that I love animals.

I just hate barking dogs. (My neighbor's dog is barking again: WOOF! WOOF! BARK! WOOF! BARK!)

The reason I'm posting this is I want anyone out there to rationally explain to me why anyone (who is not a nitwit or a dolt) likes to hear the sound of their dog barking non-stop.

I'm trying to get behind the 'psyche' of these dog owners so when I go before the jury, I can better explain my side.

What makes these dog owners tick? What motivates people in general to love motorcycle noise, rap music, dogs barking, children screaming? It seems the common denominator that I've noticed is they all have a low IQ.

Or is it just me? I went to Harvard so I'm not a complete idiot. I just don't understand some aspects of society. It goes over my head.

Any help, including flames, will help my case. Thank you.

__________________________________________________ ________________

From Beach-Bunny -- If you're still interesting in suing the dog owner about the barking, read this article. See link below. You can sue in small claims court again and again until that dog owner owes you like $50,000!

Name of article: Barking Dogs: Suing for Nuisance in Small Claims Court --

Barking Dogs: Suing for Nuisance in Small Claims Court | Nolo.com

[hunterseat]

yeah. He has only one post and his name is.... Well, he could be at his wits end. I had 4 acres in MS and totally freaked if my dog was barking at night. We all had dogs but for a dog to bark during normal "quiet hours" is a sign of an inconsiderate dog owner. What a nightmare. This is what gets dogs abducted or killed "mysteriously". Please don't resort to that but really? The dog is trying to communicate. The owners are boneheads.