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Old 03-11-2012, 06:51 PM
 
Location: South Hadley, MA & Port Charlotte,FL
60 posts, read 138,771 times
Reputation: 39

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Hello All,

I just purchased a house in North Port everyone in my neighborhood seems to sleep with the ac on. I love the fresh air and enjoy sleeping with the windows open. My problem is my neighbor has dogs they leave out all night. Almost every night they bark for a few hours, I don't want to be the new neighbor making waves but I also would like to sleep through a night without barking dogs. What are the nuisance laws in North Port?
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Old 03-12-2012, 06:42 AM
 
Location: Lemon Bay, Englewood, FL
3,179 posts, read 5,998,184 times
Reputation: 1170
We also have that problem a few times/week. We don't turn the AC on until late April, or whenever it's too steamy to sleep with windows open. Neighbor is a night owl and likes to fish on his dock until 4am. Problem is they have a new yippy ankle biter (Jack Russell) that friggin barks at EVERYTHING and doesn't shut up! I've told the neighbor about it, but he laughs it off and says "she's not loud". WTF??? Whenever our toddler throws a tantrum, we shut the doors & windows so the neighborhood doesn't have to hear it. Why can't people keep their dogs quiet, or in the house? It's a residential neighborhood, not the country! Ok, done venting....
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Old 03-12-2012, 06:45 AM
 
Location: Florida
2,289 posts, read 5,772,216 times
Reputation: 5281
I now have a pair of beagles behind me, they howl at night. I can never catch the neighbor to
have a conversation about it...I wonder tho...how the heck do they sleep?
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Old 03-12-2012, 07:59 AM
 
Location: Lakewood Ranch, FL
5,663 posts, read 10,736,130 times
Reputation: 6945
I found this at the City of Northport's website for ordinance info. http://www.cityofnorthport.com/index.aspx?page=203. It's a copy and paste so the formatting may be messed up.

Sec. 10-39. - Public nuisance animals.
(a)
The term "public nuisance animal" shall mean and includes, but is not limited to, any animal that:
(1)
Is repeatedly found at large;
(2)
Damages the property of anyone other than its owner;
(3)
Chases vehicles on the public right-of-way;
(4)
Makes excessive disturbing noises, including but not limited to continued or repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to the neighbors or to others in close proximity to the premises where the animal is kept or harbored.
(5)
Is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of animals kept or harbored; or
(6)
Attacks other animals.
[LEFT]Notwithstanding the foregoing, "public nuisance animal" does not include any animal certified as a vicious animal pursuant to this article. [/LEFT]
(b)
It is a violation of this article to own, keep, harbor or allow an animal to create a public nuisance. The owner of any public nuisance animal shall be in violation of this article, regardless of the knowledge, intent or culpability of the owner.
(1)
Upon investigation by an animal services officer in identifying a public nuisances animal the officer may demand to see all animals upon the violator's property for the purposes of investigating a public nuisance related to any other animals on the subject property.
a.
No companion animal shall be allowed to unreasonably annoy humans, to endanger the life or health of other animals or persons acting lawfully, or to substantially interfere with the rights of others thereby interfering with the reasonable use and enjoyment of property. It shall be prima facie evidence of nuisance if a companion animal:
1.
Causes unsanitary, dangerous or offensive conditions, including the fouling of the air by offensive odor emanating from excessive excrement; or
2.
Creates a pest, parasite, or scavenger control problem, which is not effectively treated.
(c)
Upon receipt of an "affidavit of complaint," signed by two or more unrelated county residents, each residing in separate dwellings in the vicinity in which the alleged violation occurred, made under oath or affirmation before an individual authorized by law to take acknowledgements, setting forth the nature and the date of the act or acts, the owner of the companion animal, the address of the owner and the description of the companion animal doing such act or acts, an animal services officer shall conduct an investigation of the incident. In the discretion of the department, other reliable evidence may replace one of the required affidavits.
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Old 03-12-2012, 09:07 AM
 
Location: Sarasota
462 posts, read 1,706,836 times
Reputation: 156
My neighbor told me you just call the non emergency sheriff number and tell them where the dog is and they will go knock on the door of the owner and tell them to shut the dog up. You don't have to identify yourself.
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Old 03-12-2012, 09:11 AM
 
Location: Ohio
1,217 posts, read 2,834,532 times
Reputation: 2253
I heard a simple yet funny solution to a barking dog. Make a recording of the barking then call the neighbor and play the recording at full volume. They should get the message. If they don't...rinse and repeat.
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Old 03-12-2012, 09:56 AM
 
Location: Lemon Bay, Englewood, FL
3,179 posts, read 5,998,184 times
Reputation: 1170
Quote:
Originally Posted by imagardener View Post
I heard a simple yet funny solution to a barking dog. Make a recording of the barking then call the neighbor and play the recording at full volume. They should get the message. If they don't...rinse and repeat.
That's assuming you have their phone #, and then with caller ID, they will know it's you complaining. With most people only having cell phones now, getting the # isn't as easy as looking in the phone book.
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Old 03-12-2012, 09:59 AM
 
Location: Coastal Georgia
50,339 posts, read 63,906,560 times
Reputation: 93266
I've heard that if you call the offending neighbor and wake them up to tell them their dog is barking a few times, it usually works.
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Old 03-12-2012, 10:38 AM
 
Location: Sarasota/ Bradenton - University Pkwy area
4,612 posts, read 7,529,570 times
Reputation: 6026
Upon receipt of an "affidavit of complaint," signed by two or more unrelated county residents, each residing in separate dwellings in the vicinity in which the alleged violation occurred, made under oath or affirmation before an individual authorized by law to take acknowledgements, setting forth the nature and the date of the act or acts, the owner of the companion animal, the address of the owner and the description of the companion animal doing such act or acts, an animal services officer shall conduct an investigation of the incident. In the discretion of the department, other reliable evidence may replace one of the required affidavits.

This portion of the North Port ordinance reads pretty much the same as Sarasota county's ordinances regarding animals. It requires at least 2 nearby residents to the barking dog(s) to be willing to go on record. So if you can't find one other sleepless neighbor that has had enough of the nightly barking, you may have to put up with the noise.

I feel for you, we went through that for almost a year with a neighbor about 12 years ago. Those people were clueless and could care less what the neighbors thought. A lot of neighbors were unhappy with the nightly barking but most were afraid to say anything. Finally, one other neighbor got fed up enough to talk to Animal Services with us and the dog owner got cited. Three times in total, before they finally got the message.

You may have to invest in ear plugs, a fan that makes enough noise to cover the barking or join your neighbors in running the AC at night. I wish I had a better suggestion for you, I do understand how frustrating it can be.
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Old 03-12-2012, 02:57 PM
 
Location: on the edge of Sanity
14,268 posts, read 18,923,606 times
Reputation: 7982
Quote:
Originally Posted by newstudent299 View Post
Hello All,

I just purchased a house in North Port everyone in my neighborhood seems to sleep with the ac on. I love the fresh air and enjoy sleeping with the windows open. My problem is my neighbor has dogs they leave out all night. Almost every night they bark for a few hours, I don't want to be the new neighbor making waves but I also would like to sleep through a night without barking dogs. What are the nuisance laws in North Port?
Only a few hours? I went through the same thing in Bonita Springs for several months and they barked 24/7. I felt so sorry for the animals, but I was losing my mind. Even with the windows closed I could hear the dogs barking and howling. At that time I found numerous web sites from all over the country discussing this problem. It's not the law that matters, only if the law is enforced!

First: Try talking to the neighbors. Sometimes this works, sometimes they'll tell you to drop dead. Usually when dogs are left outside all night barking, chances are the people know they're a nuisance and don't care. Just my opinion. I love dogs and don't understand how anyone can leave a pet outside all the time anyway, but I suppose love and companionship isn't a legal requirement.

Second: Talk to other people on your street. Didn't work for me when I lived in Lee County. 3 neighbors complained to Animal Control and the Lee County Sheriff, but nothing was done. I was told to record the barking and take the owners to court. Sure. One of the dogs got loose and went after another resident walking her dogs. Fortunately, she wasn't injured. She called the cops and they warned the owners. The next day the people almost ran her down with their pickup.

OTOH, when I lived on Sanibel (also in Lee County) I politely asked my neighbors to take in their dog at night. Actually, that's the only time the dog was outside. Apparently he kept them up, so they put him outside. I then left a nice letter in their mailbox, explaining that I wasn't sleeping and was having trouble at work. The barking continued. One night at about 3AM, I woke up, called the Sanibel Police, and I never heard the dog barking at night again. My neighbors never spoke to me after that, but I slept like a baby.
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