What Do I Do About a Neighbor's Barking Dog?

by Richard Hannibal,
Officer, Morro Bay Department

It's 11 o'clock at night and you have just drifted off to the wonderful pre-REM sleep. You are on the verge of dreaming about things that please you most when you become vaguely aware of an audible irritant. You revert back to that twilight zone between sleep and wakefulness and realize it is the barking of the dog next door. You toss, turn, and pull the pillow up over your head. It doesn't help. It's now 12:30 a.m. You become angry, get out of bed, and rush to the nearby open window. In the process you hit your foot on the nightstand and, enduring the pain, you scream out into the dark void, "SHUT UP!"

This is not so much for the dog, but a less than subtle hint for its owner. You go back to bed and lay, eyes wide open, foot throbbing, and the barking continues. What can you do? There are remedies— some immediate and some time-consuming and cumbersome.

By City Ordinance, Morro Bay contracts with San Luis Obispo County Animal Services for jurisdiction in city related animal problems. In other words, Animal Services is the main enforcement / investigative agency that handles animal complaints. The problem is, Animal Services does not respond nights, weekends, or holidays, unless it is an emergency. (No, stubbing your toe in the middle of the night is not an emergency.)

So, here are your possible remedies:

Ask Your Neighbor to Keep the Dog Quiet

Talking to your neighbor calmly and reasonably is an essential first step. The police, Animal Services or a judge will not be too sympathetic if you don't at least make some effort to work things out. The police are very reluctant to get involved in neighborhood problems unless it's an emergency or parties cannot work out their own differences. You may be pleasantly surprised by your neighbor's willingness to work out a solution. On many occasions, the neighbor simply doesn't realize their dog is creating a nuisance by barking.

Call the Police

The Morro Bay Police Department serves you and, in the above scenario, don't hesitate to call us. We will respond, evaluate the situation, and attempt contact with the dog's owner. Merely by advising the dog's owner of their responsibility and potential liability, MBPD can often remedy the situation, both short term and long term. On occasion, when the dog owner is not home or non-responsive, we cannot supply an immediate remedy. This is when Animal Services becomes involved. When appropriate, our log entry of the complaint will be sent to Animal Services for their files and possible follow-up, or a police report will be written.

Contact County Animal Services 

Call Animal Services (805-781-4400 ) and tell them about your situation. They will need to know where the dog is located and specifics, such as when the dog barks (middle of the night, when the owner leaves, etc.) You can call them after hours and leave a message with these details. After a complaint, Animal Services will make an "educational" contact with the dog's owner. They will try to handle the situation tactfully in hopes of remedying the situation. This usually solves the problem.

However, if the problem persists, you can make another complaint to Animal Services. They like you to space complaint calls about a week apart so the dog owner has time to rectify the problem (the use of dog bark collars, a change of living patterns, removing the dog from the property, etc.). Sometimes education does not resolve the problem. Three or more complaints within one year will trigger a full investigation by Animal Services.

Owners can be charged with a crime for allowing their dog to become a public nuisance. These codes apply: 

Penal Code 370 – States that anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood is a public nuisance

Penal Code 372 – States that every person who maintains or commits any public nuisance is guilty of a misdemeanor.

Morro Bay City Code (MBMC) 7.04.070 – States that it is unlawful for any person to keep, maintain, or permit on any lot or parcel of land, any dogs, cats, poultry, fowl or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood. This is a misdemeanor.

The MBMC allows for an Abatement of Nuisance when three people in separate dwellings send out a form petition charging PC 370. An Administrative Hearing by Animal Services follows, where the animal owner and the complainants are brought together for mediation. If the problem arises to public nuisance, there is an official order to abate the nuisance and the animal owner is fined, usually $300. If the problem persists, the complainants are urged to keep a log of incidents and gather evidence. The case will be referred to the District Attorney's Office for prosecution. Contrary to popular belief, neither the police nor Animal Services can confiscate the dog without a judicial order from a judge.

Take It to Small Claims Court

Along with the above remedies, there is also the civil remedy of Small Claims Court. You can sue the owner of a barking dog on the grounds that the dog is a nuisance that interferes with your use and enjoyment of your home. The least painful route is through small claims court. Small claims court procedures are simple and designed to be used without a lawyer. Winning a lawsuit in small claims court can get you money (and satisfaction), but probably nothing else. In most states, small claims court judges only have the power to order someone to pay money. They can't give you what you really want: a court order telling your neighbor to make the problematic pooch be quiet.