Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The dog is doing it's job...it's alerting others that strangers are in the area. A dog barking for one hour is not a dog barking non stop. If the barking bothers you, don't visit your friend. If the barking bothers your friend, then she needs to figure out how to handle it like a big girl.
Barking dogs can be annoying, but dogs do bark and her building obviously allows them.
Every city I've lived in has laws against dogs barking continuously, even if it is for an hour. The fact that the building may allow it is beside the point. If the dog is outside they are subject to whatever noise ordinance is in effect.
Over One hour of continuous barking several times a day in an enclosed alley echoing right outside and below someone's windows. In any case she has done some research and nyc noise code says no person can allow dog to bark for more than ten minutes between 7am and 10pm.
Quote:
Originally Posted by Kim in FL
The dog is doing it's job...it's alerting others that strangers are in the area. A dog barking for one hour is not a dog barking non stop. If the barking bothers you, don't visit your friend. If the barking bothers your friend, then she needs to figure out how to handle it like a big girl.
Barking dogs can be annoying, but dogs do bark and her building obviously allows them.
Quote:
Originally Posted by Kim in FL
doesn't matter where I live. dogs bark in florida and in nyc...and again, barking for ONE hour while strangers are milling about is NOT the same as barking all day long, nonstop.
No one said it was "only" while people are "milling about" nor does that even matter. And it doesn't matter whether it is not the same when a dog barks only at hour intervals compared to nonstop barking all day long so not sure what your are trying to prove with pointing that out.
If a dog is barking "repeatedly" or "continuously" on and off throughout the day most ordinances state that it is a nuisance so that is all that matters. If it is repeatedly, no matter how long it lasts, it is a nuisance and a disturbance of the piece.
I thought perhaps that because you are in Florida that laws/ordinances were different because you seem to want to just continuously split hairs to argue that what the OP is stating is not a nuisance. But FL laws are not different. The following Google searches are for a few Florida counties and what the general consensus is is pretty standard for every county/city in FL as well as the same as what applies in most every other state/city:
"any animal which continuously barks, howls or otherwise disturbs the peace" is defined as being a nuisance animal."
Nuisance Barking The definition of nuisance barking varies depending on your location within Florida. Pinellas County considers a barking problem to be a dog who makes excessive noises with continued orrepeated howling or barking. In Leon County "any animal which continuously barks, howls or otherwise disturbs the peace" is defined as being a nuisance animal. Some areas may not consider barking a nuisance unless it occurs within a specific time frame, but others have rules prohibiting this behavior regardless of the time of day.
(And again, "continuously" does not always mean that it has to be nonstop barking for long periods of time, it also means "repeatedly".)
So, OP the bottom line is, if you have researched NYC's ordinances (as you stated above), then document and record as much as possible and then find out how to report it and file a complaint and be done with it.
If a dog is barking "repeatedly" or "continuously" on and off throughout the day most ordinances state that it is a nuisance so that is all that matters. If it is repeatedly, no matter how long it lasts, it is a nuisance and a disturbance of the piece.
Correction: disturbance of the "peace", not "piece".
Thank you corn-fused! This is definitely more than a nuisance too! She has audio taped the dog from inside each of her rooms and the barking is very loud and clear. Today she said she ran into a woman who introduced herself as living right above her. She nicely asked if she's bothered by the dog and she replied that she's been here for many years and she doesn't even notice it anymore. She's probably paying half the rent my friend does. She is going to approach the owner tomorrow.
Apt is right above super in the back of the building and they own a Doberman which is let out inside a fenced area. The dog barks constantly, today it was over an hour while I was helping a friend move. He/she was still barking when we left. It's really uncomfortable since it's the manager that owns the dog (obviously for security purposes) but the constant barking is really becoming a nuisance.
Quote:
Originally Posted by Flip flops 3878
Wow I'm surprised at responses. My friend is in there for a few days and the dog is outside barking for an hour or more at a time several times a day. It's in a small alleyway right below her window and it echoes. She's had several people over at various times and they all commented. She is going to speak to landlord tomorrow.
maybe the dog is barking because of all the strange people around?
There are city ordinances. Look them up and act accordingly.
Just moving out will backfire because your friend will lose her deposit
No one said it was "only" while people are "milling about" nor does that even matter. And it doesn't matter whether it is not the same when a dog barks only at hour intervals compared to nonstop barking all day long so not sure what your are trying to prove with pointing that out.
If a dog is barking "repeatedly" or "continuously" on and off throughout the day most ordinances state that it is a nuisance so that is all that matters. If it is repeatedly, no matter how long it lasts, it is a nuisance and a disturbance of the piece.
I thought perhaps that because you are in Florida that laws/ordinances were different because you seem to want to just continuously split hairs to argue that what the OP is stating is not a nuisance. But FL laws are not different. The following Google searches are for a few Florida counties and what the general consensus is is pretty standard for every county/city in FL as well as the same as what applies in most every other state/city:
"any animal which continuously barks, howls or otherwise disturbs the peace" is defined as being a nuisance animal."
Nuisance Barking The definition of nuisance barking varies depending on your location within Florida. Pinellas County considers a barking problem to be a dog who makes excessive noises with continued orrepeated howling or barking. In Leon County "any animal which continuously barks, howls or otherwise disturbs the peace" is defined as being a nuisance animal. Some areas may not consider barking a nuisance unless it occurs within a specific time frame, but others have rules prohibiting this behavior regardless of the time of day.
(And again, "continuously" does not always mean that it has to be nonstop barking for long periods of time, it also means "repeatedly".)
So, OP the bottom line is, if you have researched NYC's ordinances (as you stated above), then document and record as much as possible and then find out how to report it and file a complaint and be done with it.
The OP said they only heard the dog when they were there visiting/helping their friend move in...they didn't say they were there all day and all night and heard the dog.
Yes, I'm fully well aware of nuisance noise, and yes, dog barking can be considered nuisance noise, but in this case who knows because the OP does not live in the unit.
And I guess you missed the part where I said," Your friend needs to figure it out...."
Thank you corn-fused! This is definitely more than a nuisance too! She has audio taped the dog from inside each of her rooms and the barking is very loud and clear. Today she said she ran into a woman who introduced herself as living right above her. She nicely asked if she's bothered by the dog and she replied that she's been here for many years and she doesn't even notice it anymore. She's probably paying half the rent my friend does. She is going to approach the owner tomorrow.
Your friend has a few choices: Stay and ignore the dog, stay and contact police/animal control (and possibly create issue with the owner) or break her lease and move. Dog barking is annoying, no one (including myself) said otherwise. However, you hearing the dog for one hour is NOT hearing the dog all day and all night. Your friend needs to figure this out for herself
The OP said they only heard the dog when they were there visiting/helping their friend move in...they didn't say they were there all day and all night and heard the dog.
Yes, I'm fully well aware of nuisance noise, and yes, dog barking can be considered nuisance noise, but in this case who knows because the OP does not live in the unit.
Did you even bother reading the post you quoted? She clearly said that it DOES NOT have to be NONSTOP noise to be considered a nuisance. So I'm not sure why you're harping on the fact that the friend wasn't there 24/7. It doesn't matter. Based on the information posted, it's still a nuisance.
I don't understand people trying to excuse this because "strange people" are around. It's a frickin apartment complex. People move in and out, they have friends over, deliveries, etc. A dog that is going to bark continuously whenever a stranger is around is a problem.
Did you even bother reading the post you quoted? She clearly said that it DOES NOT have to be NONSTOP noise to be considered a nuisance. So I'm not sure why you're harping on the fact that the friend wasn't there 24/7. It doesn't matter. Based on the information posted, it's still a nuisance.
I don't understand people trying to excuse this because "strange people" are around. It's a frickin apartment complex. People move in and out, they have friends over, deliveries, etc. A dog that is going to bark continuously whenever a stranger is around is a problem.
uhm, isn't that a dogs job?
I have a house and my dog is inside only. She is quiet. But if there would be people in front of the window, doing stuff, being loud, of course she would freak out.
Different story if a dog is outside and just barks all day without a reason. BTW I hate those kinds of dogs aka owners.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
