Neighbor Claims Disruptive Dog (attorney, law, ordinances)

[jpb245]

I did have several things:
-photos of my house
-signed statements from two neighbors saying they've never had a problem with my dog barking
-a printed map of the area

None of this was even seen - the magistrate decided that I was to be fined before I had a chance to show any of it.


The officer - after reprimanding me for speaking out when I was being accused of leaving my dog out for hours - said that yes my dog was a barking when she visited and that was the end of it. She visited once, the first time he called last winter. The second complaint came in June, and she came back to my house when we were away and the dog was in a kennel. We got back home to a note on the door saying there was another complaint, when we called her she informed us that we would be going to court.

No, I didn't defend myself properly. I'll have to try again. I'll make a journal, but I don't know how much help it will be. Being the devil's advocate here, but obviously I'll control my dog while keeping the journal. Who's to say what happened in the past.

Thanks for saying she's a 'cool dog'. I agree! She isn't what I expected when I adopted her, but she's what I got. The mother was dropped off at the shelter pregnant, so they had no idea what the father was. The thought of getting rid of her is repellant, and even being accused of mistreating her is very offensive.

[robrobrob]

Originally Posted by jpb245

I did have several things:
-photos of my house
-signed statements from two neighbors saying they've never had a problem with my dog barking
-a printed map of the area

None of this was even seen - the magistrate decided that I was to be fined before I had a chance to show any of it.


The officer - after reprimanding me for speaking out when I was being accused of leaving my dog out for hours - said that yes my dog was a barking when she visited and that was the end of it. She visited once, the first time he called last winter. The second complaint came in June, and she came back to my house when we were away and the dog was in a kennel. We got back home to a note on the door saying there was another complaint, when we called her she informed us that we would be going to court.

No, I didn't defend myself properly. I'll have to try again. I'll make a journal, but I don't know how much help it will be. Being the devil's advocate here, but obviously I'll control my dog while keeping the journal. Who's to say what happened in the past.

Thanks for saying she's a 'cool dog'. I agree! She isn't what I expected when I adopted her, but she's what I got. The mother was dropped off at the shelter pregnant, so they had no idea what the father was. The thought of getting rid of her is repellant, and even being accused of mistreating her is very offensive.

Your neighbors have to appear in person. A statement is never going to be enough. Legally speaking those statements are hearsay and are not admissible.

[jay5835]

Originally Posted by jpb245

No, I didn't defend myself properly. I'll have to try again. I'll make a journal, but I don't know how much help it will be. Being the devil's advocate here, but obviously I'll control my dog while keeping the journal. Who's to say what happened in the past.

Thanks for saying she's a 'cool dog'. I agree! She isn't what I expected when I adopted her, but she's what I got. The mother was dropped off at the shelter pregnant, so they had no idea what the father was. The thought of getting rid of her is repellant, and even being accused of mistreating her is very offensive.

I wouldn't get rid of her. Eeek. No. Never.

Maybe if you brought her in to meet the judge, he would be so floored by her delightful personality, he'd tell your (three blocks away?!?) neighbor to go **** himself.

[JoeP]

he'd tell your (three blocks away?!?) neighbor to go **** himself

A neighbor has to hear a dog barking for hours and your hope is for that?



The OP's dog may or may not be the problem, none of US HERE can know, but dogs barking constantly is unfortunately a significant problem in neighborhoods across the country.

[Clint.]

Originally Posted by jpb245

If I have to I'll show a month or two of a log of when she is barking. Hell I'll mark ever time she takes a **** if it will help.

I don't know the ins and outs of the legal system, but my personal feeling is that a log would not be of any use in court and to not bother wasting time on one. It's like being your own alibi.

Unless this neighbor is totally nuts he probably has a point, because barking dogs are a real pain and it's odd to just randomly single someone out and accuse them of something that is not true.

Maybe I'm a coward, but I'm hesitant to approach noisy neighbors without first informing the police and creating a record, because you never know how or if they are going to retaliate. If they are being repeatedly inconsiderate to the point that they need to be addressed, then I wouldn't consider them to be civil neighbors that would respond well to a request to tone it down.

[Jrn14]

Why is everyone assuming that the complainer has a valid case.... You guys are all jumping all over the OP like she is automatically guilty. Maybe the neighbor is just a miserable old loon who has nothing better to do all day than look around for dogs in the neighborhood and make false claims about them... Unless a dogs barking is truly excessive I find it like a waste of resources for someone to be calling police about it.

[robrobrob]

Originally Posted by Jrn14

Why is everyone assuming that the complainer has a valid case.... You guys are all jumping all over the OP like she is automatically guilty. Maybe the neighbor is just a miserable old loon who has nothing better to do all day than look around for dogs in the neighborhood and make false claims about them... Unless a dogs barking is truly excessive I find it like a waste of resources for someone to be calling police about it.

She was found guilty. We aren't assuming anything.

[CaptainPittsburgh]

Originally Posted by JoeP

...dogs barking constantly is unfortunately a significant problem in neighborhoods across the country.

First World problems.

[jay5835]

Originally Posted by JoeP

A neighbor has to hear a dog barking for hours and your hope is for that?



The OP's dog may or may not be the problem, none of US HERE can know, but dogs barking constantly is unfortunately a significant problem in neighborhoods across the country.

I think it has been established that, unless the OP is lying, the dog the neighbor is growling about is not her dog. And unless the neighbor has some kind of strange and superspecific kind of hearing powers, I frankly can't imagine he's whining about a dog who lives three blocks away when there are so many other dogs in between the two.

[sparrowmint]

Originally Posted by Jrn14

Why is everyone assuming that the complainer has a valid case.... You guys are all jumping all over the OP like she is automatically guilty. Maybe the neighbor is just a miserable old loon who has nothing better to do all day than look around for dogs in the neighborhood and make false claims about them... Unless a dogs barking is truly excessive I find it like a waste of resources for someone to be calling police about it.

My Dad's best friend had a dog who was accused of excessive barking by a neighbour, and the by-law officers sent a notice to the friend about it. While he believed the neighbour to be full of crap, he had enough stresses in his life at the time and immediately gave the dog to a friend on a farm, which was a better place for the dog anyway. A month later, by-law officers came to the friend's door saying more complaints had been lodged from the neighbour about the excessive barking and wanted to give him a notice to appear in court over it. The dog hadn't even been there in a month. It's only one experience, but it has stuck with me. I take all complaints about dogs with a serious grain of salt now. Some people are just miserable liars.