QUESTION

I have two dogs that are bull mastiv mix with pit and they are family dogs and are security dogs too. My problem is that i have and enclosed area.

Asked on Aug 11th, 2011 on Animal Law - California
More details to this question:
around my home and the dog bark at on comers walk up our street. I have a neighbor who has threatened me constantly verbally and left message on my answering machine, that my dog disturbed his beautiful evening for about 1/2 hours barking and that if i don''t do anything about them he will sue me for my dogs. This neighbor has had it out for me i assume for a long while and i don''t know why. I keep to my self and don''t bother with any neighbors. I would like to know what can i do to have this neighbor just stop harassing me because of my dogs. Animal control has come up and told me that they got a complain that my dog where not having shelter and enough to eat. There shelter they have my home and a dog run. And they have plenty of food and the animal control officer seen that the dogs were healthy and happy and yes they barked at the Animal Control officer too, but as the officer said they are doing there jobs. She closed the case.
Report Abuse

1 ANSWER

Personal Injury Attorney serving Newport Beach, CA at Bisnar Chase Personal Injury Attorneys, LLP
Update Your Profile
Generally, we are able to use our land in any manner we deem fit, as long as we do not cause disturbance, insult, or injury to our neighbors or our communities. Zoning is an example of what is usually an allowed limitation on and regulation of our use of land by society. Likewise, when we live in communities, or even somewhere near another, we are exposed to the consequences of our neighbor's use of his/her own land, and we have to live - within reason - with the consequences of that use no matter how obnoxious it may seem to us. When that use, however, crosses into the harmful or injurious or unreasonable, then the land owner might be sued to stop his use of the land in that manner, or even to pay compensation for the harm caused by that use. An example of harmful use might be the smell that emanates from a dump or a chemical plant, the noise of an airport, The County of Santa Cruz has an ordinance which provides that: It is unlawful for any person to keep or harbor any dog, cat or other animal, whether licensed or not, which by habitual howling, yelping, barking or other noise unreasonably disturbs or annoys any person with ordinary sensitivities. When determining if there has been a violation of this section, the use and character of the property where the animal is located as well as the neighboring properties shall be taken into consideration The County of San Mateo has an ordinance that provides that: No owner or possessor of any animal shall cause or permit it to do any of the following: [¶] (c) To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peace of any citizen or to be a public nuisance. So you should see that your neighbor might have a point: an animal control officer might determine that the behavior of your dogs is so disturbing of the peace of your neighbor that you might be asked to control the behavior and, if you are unable or unwilling to control that behavior, that you remove the dogs from the neighborhood. The ordinance in your county might authorize the authority to impound your dogs and, if they are uncontrollable, to put them to sleep. You say that an animal control officer has been to your house to review your provision of food, water, and shelter for the dogs, but he might not have determined whether your dogs' behavior is "habitual' or is "continuously disturbing the peace" of your neighbors. So you need to accept the possibility that you may be called to answer for the behavior of your dogs, and you may need to constrain them or else lose them. You mention some threat of or actual harassment in response to your dogs. If this behavior occurs, you need to report it to the police. Depending on the behavior, you might be able to ask a court to issue a "civil harassment restraining order" by which the court would order the neighbor to stop the harassing conduct. All I can do is suggest that you be careful in how you proceed in this emotionally charged environment. The best approach may be the most direct, such as meeting with your neighbor to come to a compromise about your dogs and his response to the dogs. Maybe you can keep your dogs inside the house or away from the street in the evening when the stimuli of your dogs' barking are most numerous and disturbing. Most likely your neighbor is resorting to phone messages because constructive communication has broken down between you, and threats because he feels you have not acknowledged his messages: he can agree to be more direct and cooperative and less emotional when some disturbance occurs. You can work this out.
Answered on Aug 19th, 2011 at 1:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters