Complaint about dog

Tom.D881

Hi all,

Long time reader & first time poster. I suppose I should start with some details. I have a 4 year old Golden retriever. He is well trained and a pleasent dog. About 2 weeks ago I recieved a letter from fingal county council stating that a neighbor had made a complaint about my dog barking during the day. This is the stage that I get confused. I can guarantee that my dog does not bark constantly during the day or at any other time. My wife is at home just about everyday and I myself am at home 4 days out of the week. Now dont get me wrong, He may bark for 2 -3 minutes if a cat, dog or large crow wonders into the garden but thats about it. So basically the few questions I have are

1. Could this be mistaken identity,
2. what happens next.
3. Surely the person that complained must have evidence,
4. If anyone has been through the same or similar suituation could they please give info.

Thanks all

from a Pi**ed off dog owner

kerrysgold

I doubt they'll do anything. Is there another dog that does bark all day?
Also, how much exersize does your dog get? Even if there is somebody at home with him all day he still needs an hour + exersize per day.

Tom.D881

Also if anyone would prefer to PM me please do.

On my estate I can hear about 4 different dogs that occansionally bark but it is not excessive or continuous. He gets a good run about each day, 1 hour in the morning and 1 hour in the evening. Also im baffaled that someone would go straight to the council without coming to me first.

Whats the worst case scenario if it was to go to civil court???.
Has anybody been in the same suituation themselves that can explain my rights.???

Thanks

lensman

I would'nt worry my head about if it's not your dog thats doing the barking,..although I can see how getting a letter like that would P*** you off.
It's very easy for anyone to complain to the local council but they have to back it up with solid evidence,...once the council get a complaint in writing they are obliged to act on it,..they have to cover their arse,...if they were a proper neighbor & had real evidence they should have come to you first,...I suspect a Victor Meldrew type in your locality so put it up to them by sitting out in your front garden with the dog as much as possible for a week or so & see if they have the balls to approach you directly,..whilst there keep your eyes peeled for twitching curtans it might give you a clue;););)

jameshayes

kerrysgold wrote: »

Also, how much exersize does your dog get? Even if there is somebody at home with him all day he still needs an hour + exersize per day.

I dont see how this has any relevance to the OP's question. Seems like your trying to find a bad owner somewhere to pick on



OP, as other posters said, possible a case of mistaken identity, best thing is to return a short letter to the council stating that your dog is well trained and does not excessivley bark and you would like if the neighbour came and discussed the matter with you in a constructive way to clarify the problem. Rule of thumb CYA

XxlauraxX

jameshayes wrote: »

I dont see how this has any relevance to the OP's question. Seems like your trying to find a bad owner somewhere to pick on



OP, as other posters said, possible a case of mistaken identity, best thing is to return a short letter to the council stating that your dog is well trained and does not excessivley bark and you would like if the neighbour came and discussed the matter with you in a constructive way to clarify the problem. Rule of thumb CYA

i completely agree with you
no offense kerrysgold but you always seem to do this.

Leeby

XxlauraxX wrote: »

i completely agree with you
no offense kerrysgold but you always seem to do this.

I've noticed that too!

wyk

Leeby wrote: »

I've noticed that too!

Sounds like Kerrys is trying to help solve the problem, which is more than the least 3 posts here are doing...

WYK

XxlauraxX

wyk wrote: »

Sounds like Kerrys is trying to help solve the problem, which is more than the least 3 posts here are doing...

WYK

like jameshayes said it doesn't really have any relevance to the OP

gordon_gekko

while the op seems to be a responsible dog owner and i wouldnt worry if i was him as the co council do nothing about almost everything so once they have issued this letter to you , there arse is covered , there civil servants your dealing with afterall , if this was england , you would be up in court but you know the kind of follow through the authorities have here

anyway , i have more sympathy for the poor sod who,s quality of life is being diminished by some obnoxious neighbour not being in control of there dog , there is nothing as annoying as having to listen to some clown of a dogs incessant barking , i had to tollerate that last september for about a month , i live in the countryside , he,d bark from about 12.30 every night untill sunrise , about 6 hrs straight , i eventually drove around one night untill i pin pointed which house the noise was coming from , i then got up the next morning after my 2hrs of sleep and confronted the owners when they were going to work , we had a blazing row , i told them they had a duty to control there dog and that there were nuisance laws in place that demanded they do so
i knew of course that the county council like on nearly every issue including this one are nothing but a toothless tiger but i hoped my empty rhetoric would be convincing enough , the situation dramatically improoved and i rarely here him now , it is the height of inconsideration to allow your dog to bark incessantly each night , creating a public disturbance and impinging on your neighbours quality of life

lightening

gordon_gekko wrote: »

it is the height of inconsideration to allow your dog to bark incessantly each night

But the letter said the dog barked during the day. Did you read the post?

bernard0368

lightening wrote: »

But the letter said the dog barked during the day. Did you read the post?

Does it matter if it is day or night it is still a nuisance.

OP. Write to the council eplaining that your dog is not the problem and it may be another dog. Explain that you are willing to talk to the neighbour and resolve any issues.

lightening

bernard0368 wrote: »

Does it matter if it is day or nigh

I think so. The laws regarding noise pollution differ from day and night.

Anyway, hope the problem gets sorted.

GA361

I'm going to have to agree with lightening on this one.
The laws regarding a dog's right to bark after 11pm are very different than his right to bark before 11pm.

Back to the OP.
I had a similar problem a few months back.
My neighbour called the dog warden and the gardai.
My dogs are well behaved,of course they bark,they're dogs after all.

Anyway . . . long story short,the gardai and the dog warden told my neighbour to stop wasting their time.

Of course your dog is allowed to bark.
As long as he doesn't bark for hours on end,or at night,you are not in violation of civil law.

luckat

Tom, I hope you've written politely to the council explaining that there are people at home during the day, and it's not your dog that's barking (and cc-ing the letter to the complainant, if his address is given).

If the council has your letter, and it's clear that you're someone who wants to live in amity with neighbours, they'll either leave it alone or find the dog that's actually barking and annoying the writer.

Do you hear dogs barking during the day, by the way?

convert

Tom, I doubt the council will do much about the letter; it'll take a really long time and incessant complaints from neighbours, etc before they actually do anything. Do you know which neighbour reported it? Maybe you could talk to them about it and try establish whether or not it's actually your dog.

However, I do empathise with neighbours who have to put up with dogs barking all the time! I live out in the countryside with a a few neighbours across the road (not directly across, just up the the road about 300m). They have an alsatian, a retriever, and 2 small dogs. They don't bark incessantly, but any time we walk outside the door, and speak outside they all start to bark and don't stop until we go back inside again, or stop talking. They also bark every time we move inside the house at night. It's desperately annoying. I have no problem with dogs barking, all dogs bark, it's natural, but being woken up at night by dogs barking is a beginning to get a little tiring.

Freddie59

Tom.D881 wrote: »

Hi all,

Long time reader & first time poster. I suppose I should start with some details. I have a 4 year old Golden retriever. He is well trained and a pleasent dog. About 2 weeks ago I recieved a letter from fingal county council stating that a neighbor had made a complaint about my dog barking during the day. This is the stage that I get confused. I can guarantee that my dog does not bark constantly during the day or at any other time. My wife is at home just about everyday and I myself am at home 4 days out of the week. Now dont get me wrong, He may bark for 2 -3 minutes if a cat, dog or large crow wonders into the garden but thats about it. So basically the few questions I have are

1. Could this be mistaken identity,
2. what happens next.
3. Surely the person that complained must have evidence,
4. If anyone has been through the same or similar suituation could they please give info.

Thanks all

from a Pi**ed off dog owner

Hi Tom.

I'm coming from the opposite side of the fence.:) Can I start by saying that I actually like dogs - full stop. As an ex-dog owener (whose dog was a part of the family and not thrown in a yard for hours on end with little or no attention) I was (and still am) in a situation where a neighbour's dogs were barking 24/7 (and I MEAN 24/7).

Two very large breeds. I'm smiling at the comment about 'having the balls' to approach an owner. I fail to understand this. It's as if it's some kind of macho thing "I'm here with my dog - do ya want to try it now". Never ceases to amaze me.

I initially approached the owner (directly - with my balls in hand:D) and it subsided for a while, but started all over again. Without going into details, it can get very messy, and some folks get all defensive about Fido and his 'right to bark'.

What about the neighbour's right to quiet? I live on a busy street (and was reared on one) and so am acclimatised to all sorts of neighbourhood noise. Normal stuff. But not this crap.

Yes dogs bark. Yes they're entitiled to. But not incessantly. In the case of the OP here I can't comment. Because what one persons calls acceptable may be deemed incessant by others.

I have no doubt that there are considerate dog owners who can be approached. But I wonder what the percentage is? There appears to be a growing number of 'little men with big dogs' wandering about now, ignoring all and sundry and doing what they like.

But that's down to the authorities. There is a law - they should enforce it.
I was speaking to a neighbour the other day (who owns several very beautiful dogs - all well cared for) who told me that he met someone with a Japanese Akita off a lead unmuzzled. When he politely pointed out that the breed should be muzzled (I didn't realise that they were one of the breeds who are supposed to be muzzled) a row broke out.

The neighbour just walked away - quoting 'fighting dog - fighting man'. And I think that just about covers it. Personally? I don't mind approaching anyone. Doesn't bother me. But think of the thousands of people out there who just want to get on with their lives without bothering anyone else. They would be intimidated - to say the least - by some of these idiots masquerading as dog "owners".

KatCookie

If you send off a letter to anywhere, make a copy of it and all correspondence you get.. just incase..

Tom.D881

Hello all, I thought this thread was inactive so sorry for the delay in giving an update.

I took some advice from some of you and sent a letter back to the council, and the long and short of it was the council apologized for sending me the letter. They said thats its just routine to forward a complaint.

And no I dont know who made the complaint, and to be honest I dont care, I have my suspiciouns though.

I dont expect to hear anything else on the matter but you never know, The Victor meldrews out there are only stalking in the bushes ( twitching behind the blinds ) ready to pounce.

Freddie59

Tom.D881 wrote: »

Hello all, I thought this thread was inactive so sorry for the delay in giving an update.

I took some advice from some of you and sent a letter back to the council, and the long and short of it was the council apologized for sending me the letter. They said thats its just routine to forward a complaint.

And no I dont know who made the complaint, and to be honest I dont care, I have my suspiciouns though.

I dont expect to hear anything else on the matter but you never know, The Victor meldrews out there are only stalking in the bushes ( twitching behind the blinds ) ready to pounce.

Not everyone's a Victor Meldrew Tom. While it appears that in your case it probably WAS a VM type, that doesn't apply to all cases - including my own.

arybvtcw0eolkf

jameshayes wrote: »

I dont see how this has any relevance to the OP's question. Seems like your trying to find a bad owner somewhere to pick on

The OP stated that the dog barks if a 'dog, cat or large crow' wanders into the garden - that could add up to a lot of barking in a busy neighbourhood, if the person complaining is working shift work it could be one hell of a racket then!.

This might happen more if the dog isn't getting out and exercised as much as is required as the dog would be used to these things going on around him, and I'd suggest thats where KerryGold is coming from.

OP, if its a serious complain you'll certainly hear from them again. In the mean time relax and at least try to monitor the dogs barking so you have the answer's should the authorities get in touch again.

lensman

Mairt wrote: »

The OP stated that the dog barks if a 'dog, cat or large crow' wanders into the garden - that could add up to a lot of barking in a busy neighbourhood, if the person complaining is working shift work it could be one hell of a racket then!.

This might happen more if the dog isn't getting out and exercised as much as is required as the dog would be used to these things going on around him, and I'd suggest thats where KerryGold is coming from.

OP, if its a serious complain you'll certainly hear from them again. In the mean time relax and at least try to monitor the dogs barking so you have the answer's should the authorities get in touch again.

the OP stated his dog is NOT the culpret, like KerryGold you are now throwing in if's, but's, could be's & maybe's, if the local council had any evidence they would not have apologised, I suggest the OP file a freedom of information request & flush out the curtain twitcher .

arybvtcw0eolkf

lensman wrote: »

the OP stated his dog is NOT the culpret.

Of course he did.

lensman

Mairt wrote: »

Of course he did.

Of course !! why did'nt I cop it ?? it's you Mairt !! the secret VM,..mystery solved. gerrrrrrrr woof woof

Breezer

I have experience in this regard.

OP: the Council will do nothing because they are not entitled to do anything under law. The Control of Dogs Acts 1986 and 1992 give them no powers over barking dogs. Your neighbour does have the right to take you to the District Court himself if he so chooses, and the judge can then order you to keep the dog inside for the rest of its life or to surrender it to a dog warden. Neither of these things will happen unless your dog is barking incessantly for upwards of ten hours a day and your neighbour can prove it, and even then you may get off with a warning.

Since, as you say, this isn't the case, you have nothing to worry about.

All the Council will do in this regard is check if your dog is licensed, and if not they can issue you with a a €30 fine, order you to buy a licence for €12.70 or face further fines, and give you a verbal warning about the barking (which they cannot act any further on). I'm surprised they even wrote to you tbh.

Oh and it could well have been your dog that the neighbour was referring to. You'd be amazed at the amount of people who ring county councils over nothing and hugely exaggerate.

Have a nice day

Freddie59

Breezer wrote: »

I have experience in this regard.

OP: the Council will do nothing because they are not entitled to do anything under law. The Control of Dogs Acts 1986 and 1992 give them no powers over barking dogs. Your neighbour does have the right to take you to the District Court himself if he so chooses, and the judge can then order you to keep the dog inside for the rest of its life or to surrender it to a dog warden. Neither of these things will happen unless your dog is barking incessantly for upwards of ten hours a day and your neighbour can prove it, and even then you may get off with a warning.

Since, as you say, this isn't the case, you have nothing to worry about.

All the Council will do in this regard is check if your dog is licensed, and if not they can issue you with a a €30 fine, order you to buy a licence for €12.70 or face further fines, and give you a verbal warning about the barking (which they cannot act any further on). I'm surprised they even wrote to you tbh.

Oh and it could well have been your dog that the neighbour was referring to. You'd be amazed at the amount of people who ring county councils over nothing and hugely exaggerate.

Have a nice day

ANd then there are the genuine people who have to listen to the misfortunate animals 24/7 - but they're conveniently ignored.

Breezer

Freddie59 wrote: »

ANd then there are the genuine people who have to listen to the misfortunate animals 24/7 - but they're conveniently ignored.

If it's 24/7 and they can prove it to a judge then action can be taken as I've said. Also if the animal is being mistreated they can inform the ISPCA, DSPCA, etc. who can take action.

lensman

Breezer wrote: »

If it's 24/7 and they can prove it to a judge then action can be taken as I've said. Also if the animal is being mistreated they can inform the ISPCA, DSPCA, etc. who can take action.

getting back to the OP's post , the one in which you stated that it can only be a case of mistaken indentity,...not the distorted versions some have tried to introduce in reply,.. this so called neighbor should have spoken to you directly but instead they took the sneaky option & that says a lot about the kind neighbor they are..they should not have contacted the council in the first place unless they had real evidence,...I would still file a FOI form in order to find out who they are & have your solicitor send them a polite little letter informing them that you & your dog have a right to your good name, what they did amounts to slander.

Whispered

Breezer wrote: »

Also if the animal is being mistreated they can inform the ISPCA, DSPCA, etc.

The spca's do nothing, they wash their hands of it. I know of a dog who is outside 24/7 literally. The kennel she had as a pup is no longer sufficient for a fully grown lab, yet they lock her in it at night. There is no way she can even turn around in it, let alone stand up. She is so bored she plays with her water dish, so has no water a lot of the time, but the spca cannot do anything. She's not being mistreated apparently.

Just earlier today the spca told me to tell a friend to just stop feeding kittens and they will go away. They are pretty useless TBH.

mollydolly271

Breezer wrote: »

If it's 24/7 and they can prove it to a judge then action can be taken as I've said. Also if the animal is being mistreated they can inform the ISPCA, DSPCA, etc. who can take action.

I have a neighbour in an apartment nextdoor(and no we are not allowed keep animals) who has a dog that can bark for hours on end during the day and rang the dspca as i thought it was cruel to have the dog locked up for 8 or 9 hours a day barkking and crying and they told me it wasnt a cruelty case as long as they were being fed and watered and had shelter????

KatCookie

But you should tell your landlord..
i'm sure theres a reason for that no pets rule.