Barking Dog complaint process in HSV (Huntsville, Minor: HOA, condo, buying a house)

[Threestep2]

You are not alone! It took a bulldog mix to get loose, attack a grown man and chase a child to get some action in our neighborhood.

[Daven7]

Another day of non-progress. Went to my court appointment and the municipal judge said they could not file a warrant without the owner's date-of-birth. I was sent back to the retired officer who initially filed my report, he said "if I had access to that info, I would've included it" then sent me to police records to ask if they could find any moving violations or traffic tickets on the owners. Records gave me a go to #e!! look and told me that they could not tell me that information, it could only be given to the judge...

The judge apologized for my wasted trip today, and took point on researching the owner's date-of-birth either by police records or sending a HPD investigator to ask the owners directly. I'm expecting a follow-up call in a few days for another appointment to present my evidence and process this case.

Oh and our subdivision does not have a HOA.

[Elizabeth_G]

Daven7-Wow...that really stinks! Looks like it's time for us to go knock on their door and get them to move! Seth! LCTMadison! Let's go, lol. Wouldn't they flip if 3 different agents knocked on their door in the same day asking if they'd like to move. ROTFL. That would be a hoot

On a serious note, I really hope you get this settled before too long. I still can't believe someone would have such little regard for their neighbors. They must have a very sad and lonely life to act to openly ugly.

[419]

I'm so sorry you've had to go through all of this Daven7. I live in Madison and lived in Decatur before, and the barking dog situation has been a huge problem in both places. I just don't understand people who don't train their dogs not to bark and have no consideration for their neighbors. It seems to be significantly more prevalent in this area, compared to other states in which I've lived.

You may find something helpful on this site:
Everything there is to know about chronic barking & how to stop it

Barking dogs cause a huge amount of emotional, mental and physiological stress and harm, even when people are not aware of it:
The deleterious effect of long term exposure to the noise of chronic barking

It's a shame that the legal system has not been more helpful so far. Good luck to you. I hope you find a good resolution to the problem.

[Mawoods]

Unfortunately in all this, the poor dog will be the real victim. Probably already stressed and not people friendly since he has been abandoned and banished to the backyard with little contact with his owners. It is a sad situation. I would find it hard to live with a constant barking dog but those owners should have to pay and it will probably be the dog who will pay with his sad life.

[Keeper]

I agree Mawoods, I volunteer at our AC shelter. So many dogs are just dumped so someone else has to deal with them and the outcome is not always good.

I go outside at night and I can hear dogs barking all around me. My dogs are inside but my neighbor blames my dogs if he hears any dog barking,.

I am sorry you are having to go through this Daven7. Unfortunately there are ppl who don't care about anyone but themselves

[Daven7]

Some progress (sort of)! I got to meet with the magistrate judge yesterday and present my evidence. The owner is getting a certified mail summons to his arraignment hearing in mid-May where he gets to plead guilty / not guilty to maintaining a nuisance. I was told I do not have to attend this, but advised to in case he pleads guilty and the judge calls for my evidence. If he pleads not guilty, then we go to a full trial where my witnesses get a subpoena, and I must present all my evidence.

The magistrate advised me that he possibly will retaliate against me for bringing him to court, yell/cuss at me, throw things at my house, spit on my kid (that one burns me up, you don't mess with someone's kid). Y'all pray for me that I don't fall into a rage from anything he does and I continue to follow the letter of the law.

The magistrate also told me of possible sentences the judge could fault the owner: fines ($100 or more) plus court cost, order to attend dog ownership class, or order to have the dog muzzled/use a bark collar. All these seem like slaps on the wrist compared to living next to their dog...every...night. Maybe I'm biased but, I would like something like fines for 40days (amount I have logs for) at $100 a day plus court cost, 80 hours community service at the HSV Animal Shelter for their time spent dealing with him, and a court order to keep the dog as an inside pet, only to be let outside while leashed. Yeah that seems about fair.

[Charles]

Originally Posted by Daven7

Some progress (sort of)! I got to meet with the magistrate judge yesterday and present my evidence. The owner is getting a certified mail summons to his arraignment hearing in mid-May where he gets to plead guilty / not guilty to maintaining a nuisance. I was told I do not have to attend this, but advised to in case he pleads guilty and the judge calls for my evidence. If he pleads not guilty, then we go to a full trial where my witnesses get a subpoena, and I must present all my evidence.

The magistrate advised me that he possibly will retaliate against me for bringing him to court, yell/cuss at me, throw things at my house, spit on my kid (that one burns me up, you don't mess with someone's kid). Y'all pray for me that I don't fall into a rage from anything he does and I continue to follow the letter of the law.

The magistrate also told me of possible sentences the judge could fault the owner: fines ($100 or more) plus court cost, order to attend dog ownership class, or order to have the dog muzzled/use a bark collar. All these seem like slaps on the wrist compared to living next to their dog...every...night. Maybe I'm biased but, I would like something like fines for 40days (amount I have logs for) at $100 a day plus court cost, 80 hours community service at the HSV Animal Shelter for their time spent dealing with him, and a court order to keep the dog as an inside pet, only to be let outside while leashed. Yeah that seems about fair.

What a hassle. And regardless of how the trial turns out and how the dog situation turns out, you will have to continue living next door to this guy. How uncomfortable.

[Daven7]

Originally Posted by Charles

What a hassle. And regardless of how the trial turns out and how the dog situation turns out, you will have to continue living next door to this guy. How uncomfortable.

You ain't kidding Charles. But we've already lost our good neighborly attitude when I began complaining and they decided they did not have to do anything about it. Before the dog became trouble, we would see each other outside, say hi, and chat for a few minutes. I'd show off my kid and ask about her pregnancy; now we just glare at each other if we happen to catch eyes.

I don't think we'll ever be on good terms again. Not that it'd be hard, if they dealt with the problem and had the human decency to apologize I'd forgive them, but having people admit wrong this day in age, even after a court tells them they're wrong, is harder then bleedin a turnip.

[friday13]

Now this should be a cautionary tale for buyers to visit the house they have their eyes on in the dead of night, too . You know, just like driving around at different times of day to gauge the traffic, after raining to assess the flooding risk, now we should drive at 3AM and listen for barking and yelping.