Barking Dog complaint process in HSV (Huntsville, Madison: 2013, live, pit bulls)
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Mal - the new dangerous dog ordinance is for Madison County (not HSV) and I think it is modeled after the HSV ordinance.
Animal control - nuisance animal? However, Daven7's experience isn't encouraging.
WHNT19? Taking action, getting results? Maybe a public shaming could help your neighbors realize that they are not responsible owners - but probably not - many people don't get it even after the clue-by-four whacks 'em upside the head.
Humane Society (supposedly they do 'animal protection', but mostly they run a shelter)? Take some pictures of the dog pen - the dogs are probably neglected and living in filth.
I'm sorry I didn't get on here to write my final chapter of this saga, which just ended in January.
As I said, we had a follow up trial in mid-August, but I missed it as my pregnant wife had a medical emergency. Amazingly though, my neighbor missed the trial date as well. He got a warrant for missing the court date and some fines, I got told there was nothing else I could do short of starting the complaint process all over again.
So back at square one, mid-October, with my nerves frazzled, I spend the $149 document fee and file a small claims case for $3,000 (Alabama's small claim limit), half for fence materials and half for punitive damages from loss of use and enjoyment of my property. The case was scheduled for Jan 8th, he gave the dog away in November , likely on the advice of his legal council .
Fast forward two peaceful months, his legal council has pulled out, Judge Judy and Judge Joe Brown have both called and wrote me trying to get me to let them try my case (Thanks public records of court dockits!). We both show up at this court date and the judge offers an arbitration prior to the actual case, since there were around 30-50 cases. We agree and talk things out with an impartial third party. I get a token sum of money to cover court fees and a statement signed by my neighbor that he will not keep a nuisance barking dog on his property (YEAH!), which Municipal Court would not have provided.
So yes, Maledictorian, from my own experience the noise ordinance is toothless, heck it doesn't even have a bark . And the most I would've gained from all my missed work and time spent waiting in court offices is a neighbor who might've been fined and had his dog taken by the city. He could've then gone straight way and got a new dog and started making my life hard all over again just for spite.
While I did not appreciate having to go the route of Small Claims (since money was not my objective), it did force my neighbor to come to the table with me and talk. And it was much MUCH easier to file a small claims case instead of a criminal complaint. So for my two bits, unless Huntsville steps up it's enforcement of its own written ordinances, Small Claim is the way to go, since it gets you a guaranteed court date and requires your neighbor to come and talk to you on record.
One more thing real quick, since the neighbor and I got all this sorted, we're actually getting along reasonably well. We've chatted about cars and such a few times in the last month. I really attribute that to the set down, face-to-face talk that the arbitration allowed and do not think our neighborly relationship could've been repaired if Animal Services had removed his dog by court order, if I would've been awarded a substantial sum of money, or if he were allowed to keep his dog as it was following a small fine.
Daven7, I'm so happy to hear it worked out well for you....I've often wondered how this turned out!
I'm shocked that you didn't want to appear on Judge Judy. Ha ha ha.
You should be proud of yourself for being able to carry on a civil conversation with your neighbor after all they put you through...we all should be more forgiving. You're a great guy!
Let's just hope that the poor dog was given to a caring, responsible person! He is the victim in all of this. The original owners had no business having a PET and didn't treat him very well. I for one would have a hard time carrying on a conversation with a person who neglects or mistreats an animal. Daven7, hope you can gently educate him about how to be a responsible person.
I totally agree that it's definitely not the dog's fault.
It's ridiculous how many people buy dogs (they never adopt because it has to be some pure bred vicious breed) as "watch dogs" then put them out in their back yards like the ones I described in my last post. The dogs end up barking at everything which totally negates the purpose anyway.
Infuriating update to my dog issue: A black family moved in across from me in my cul de sac. I live in a nice neighborhood. I have met them and talked to them about the dog problem as a matter of fact.
Amusingly (I say that with more than a hint of facetiousness) A little old lady that lives in the road beside my road whose back yard faces the cul de sac suddenly has miniature cedars lining her fence and a full grown german shepherd which apparently enjoys barking angrily at everything, especially the new family that just moved in; as a matter of fact they can't even go out in their yard without the dog going out of it's overbred teutonic little mind.
Mal - the new dangerous dog ordinance is for Madison County (not HSV) and I think it is modeled after the HSV ordinance.
Animal control - nuisance animal? However, Daven7's experience isn't encouraging.
WHNT19? Taking action, getting results? Maybe a public shaming could help your neighbors realize that they are not responsible owners - but probably not - many people don't get it even after the clue-by-four whacks 'em upside the head.
Humane Society (supposedly they do 'animal protection', but mostly they run a shelter)? Take some pictures of the dog pen - the dogs are probably neglected and living in filth.
Many people should not have pets.
Is Huntsville too large of a city for public tar-and-featherings of completely inept public officials or am I just overly-galled at how useless these mouthbreathing hayseeds are?
Our AC just confiscated 2 Shelties who had their mouths duck taped because they were barking while the owner was trying to sleep. They wanted in the house. She said she couldn't put the bark collars on them by herself so how the hell did she get the duck tape on them? http://bestsmileys.com/doh/3.gif (broken link)
I do think it is sad that ppl are so inconsiderate.
I totally agree that it's definitely not the dog's fault.
It's ridiculous how many people buy dogs (they never adopt because it has to be some pure bred vicious breed) as "watch dogs" then put them out in their back yards like the ones I described in my last post. The dogs end up barking at everything which totally negates the purpose anyway.
Infuriating update to my dog issue: A black family moved in across from me in my cul de sac. I live in a nice neighborhood. I have met them and talked to them about the dog problem as a matter of fact.
Amusingly (I say that with more than a hint of facetiousness) A little old lady that lives in the road beside my road whose back yard faces the cul de sac suddenly has miniature cedars lining her fence and a full grown german shepherd which apparently enjoys barking angrily at everything, especially the new family that just moved in; as a matter of fact they can't even go out in their yard without the dog going out of it's overbred teutonic little mind.
Why are people this f'ing stupid?
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And their race is important because??
I know exactly what your going through! The steps and processes seem to be unilateral across the states. My nightmare happened in California. same situation, our single mother neighbor's boyfriend at the time got her a puppy(golden retriever), and just like you, it grew up and was sentenced to the back yard to fend for itself. then it found its bark, and I found myself working nightshifts, great combo, I highly recommend it!!! Long story short, went through the whole process-being and asking nicely, then sternly, then phone calls in the middle of the night to them, affidavits, neighbors joining the complaint, video/audio, animal control, FINALLY, after almost a year of this BS, it went to court, she had to pay 90 bucks, but after that, she got to keep the dog.
Here's the kicker, (karma is a *****) due to the neglect of the dog, it was never properly socialized. SO shortly after the judgement, her bright idea is to take this insane dog out for a walk, with her kids and another neighbors kids, on Halloween!! the dog maintained for most of the night itself, until the 5 yr old neighbor girl decides to give the dog a hug goodnight. you can guess what happened next, it lunges and attacks this five year old girl, bites her face, rips a gash from her hairline on her forehead down to her nose, and bites off the end of her nose. How do I know this? it happened right in front of my house and they ran up to MY door asking for help to see what happened to the kid. AFTER ALL THE CRAP THEY GAVE ME MY FAMILY AND THE TROUBLE WITH THAT DAMN BARKING DOG, they came to me for help. I did, stopped the kids bleeding face, they took her to the hospital, she recovered. and angela, was forced to get rid of that dog, because it NOW was a problem. They didn't put it down(would have been better), it was sent to a rescue home for goldens. THIS is what happens when people are idiots about their dogs.
Quote:
Originally Posted by Daven7
Long time reader, first time poster. I wanted to share my experiences with the process of dealing with a neighbor's barking dog.
Link to HSV Animal Services Barking Dog process page: [URL="http://www.hsvcity.com/animal/animal_barking_dog.html"]Barking Dogs[/URL]
Last spring, my next-door neighbor bought his wife a cute little puppy, like the one from Marlie & Me. They kept it inside, loved on it, walked it each day, etc. Then, as most puppies do, it grew into a dog. They built a 8ft x 15ft pen for this 80+lb dog in their back yard and only go out to give it food & water once a day.
The barking became a noticeable problem in December, I approached the neighbors directly on a few occasions to complain about my family's lack of sleep the previous nights, but nothing came of it. I even purchased a bark collar for them off ebay, but it was not used because "it's a dog's nature to bark". In late Feb, I was getting to wit's end and called HSV Animal Control. I was advised to keep a bark journal and call them back if the problem persisted. It did.
Fourty-days later, HSV Animal Services have visited multiple times, I have had a few more conversations where the owners deny any responsibility to control their dog. The most notable was last Saturday, when my entire family was woken up at 1:30am and kept awake near constantly till 4:00am. I had promised myself not to talk directly to them anymore, but the owner was outside picking up leaves. So I spoke about the amount of barking the previous night, he said they had "a night out and didn't get home till about 2:00am, so the dog was probably barking at them." I asked him once again to bring the dog in at night, but was told that was not possible. Immediately following that talk, his wife rings my doorbell and asks me not to visit them anymore, tells me the amount I've complained about the dog is ridiculous and harassing. I called HSV PD's non-emergency number to find out if I was being harassing (no way I'm letting them get a counter suit) and they send an officer out to take my statement. Funny thing, while the officer is writing the report in his car, my dear neighbors feed the dog and take it for a walk (first I've seen it out of the pen in months)...put on a front for authorities much?
Tuesday, I had miss work to go to Animal Services and pickup reports from their visits, go to Municipal Court and get a report from the officer's visit and file a criminal police report against the owners for "Maintaining a Nuisance". I have an appointment for next Monday, missing work again, to follow up with the court magistrate and show him my evidence: Bark Journal, Animal Control Records, DVD recording of the dog barking it's fool head off (no I did not taunt it), Police Report, and signed statements from four other households of the nuisance (secretary said these probably wouldn't be considered because they are not notarized). Then if he approves, there will be a warrant for the owners to appear in court where I pray that they will find judgement to have the dog removed and not let these irresponsible people have another outside pet, so I can finally enjoy the comfort of my own home and yard again.
I'll let you all know what I find out next Monday. Just wanted to give you an initial rundown of the flaming hoops I've had to jump through just to get this far.
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, likely on the advice of his legal council 
.
. And the most I would've gained from all my missed work and time spent waiting in court offices is a neighbor who might've been fined and had his dog taken by the city. He could've then gone straight way and got a new dog and started making my life hard all over again just for spite.
Barking dog nightmare
! The steps and processes seem to be unilateral across the states. My nightmare happened in California. same situation, our single mother neighbor's boyfriend at the time got her a puppy(golden retriever), and just like you, it grew up and was sentenced to the back yard to fend for itself. then it found its bark, and I found myself working nightshifts, great combo, I highly recommend it!!! Long story short, went through the whole process-being and asking nicely, then sternly, then phone calls in the middle of the night to them, affidavits, neighbors joining the complaint, video/audio, animal control, FINALLY, after almost a year of this BS, it went to court, she had to pay 90 bucks, but after that, she got to keep the dog.
