Barking Dog

[howdy]

I have a question for some of our LEO members:

A little history......I have lived in my home for 35 years and have alway gotton along with my neighbors. Most have been here 20+ years. There is a rent house behind us that has a fairly new tenant. This guy popped fireworks until 2:30 in the morning during the week between Christmas and New Year. I didn't say a word. He was out drag racing his supersonic Camero the other day and several neighbors went outside to see what was going on. Several, including me, let him know that driving like that would end up in a call to the Police. There was no yelling or anything, just friendly caution. WELL, this morning at 1:30 the Police rang my doorbell. I looked out the window and saw the Police Cruiser so I answered the door. He asked me to step outside which I did, and he informed me that someone had complained about my dog barking. My dog has a dog door to the backyard to do her business and really doesn't like the darkness. The Police Officer said he heard my dog barking because he walked up the the fence gate and the dog was barking at him. (this is a shepard/collie mix)

Not to argue about the barking part, but what rights do the Police have to enter my fenced in backyard to "solve this barking problem". What if we were not home and they came by. I am concerned for my dog. We have never had a neighbor complain about her barking until now and she is 11 years old. If the Police enter my backyard at night, she will stand her ground and go nuts. We have a yard service and a pool service and she could care less about them, but this is during the day and she knows them.

Sorry for the long question.

[jbarn]

In one paragraph you said the officer walked up to the gate, and the next you ask what right he had to enter your yard.

To better answer you can you clarify exactly what happened?

[howdy]

This was at 1:30 in the morning when the Officer rang my doorbell. He said he verified that my dog was barking (even describing the dog) by looking over the 6' gate and seeing my dog bark at him. (I wanted to tell the Officer that was a good way to get shot, but my mamma did not raise a fool) I explained that was a normal thing for a dog to do. I just don't want him to go in my backyard or try to send animal control after my dog. She is an old dog and very very sweet to everyone. I know she would not bite anyone but they may not know that by her actions if they were to enter my backyard.

[jbarn]

Thanks for the clarification. The officer did not enter your yard.

Perhaps you could lock the doggie door when you sleep and cannot tell when the dog is barking and disturbing your neighbors. Every town I have lived in has had barking dog ordinances. You might check yours to see the specific conditions for which you might be cited.

[Keith B]

The officer can look over the fence to investigate. I would advise him that yes, if someone is looking over my fence, the dog will bark at them. However, unless someone is where they shouldn't be on your property then the dog will not bark when outside to do her business.

[jbarn]

The officer can look over the fence to investigate. I would advise him that yes, if someone is looking over my fence, the dog will bark at them. However, unless someone is where they shouldn't be on your property then the dog will not bark when outside to do her business.

Ummm, I have seen dogs bark at the wind. Bark at squirrels, bark out of frustration..... etc.

[howdy]

I put the dog door down after the Officer left and I will do that evey night from now on. My only concern is if we were not here and an Officer rang our bell. What could they do to shut the dog up. I live in the county so no city ordinances. And again, I am acknowledging she is not a silent dog, and I will work on that, but this is a retaliation thing from the new neighbor and I was wondering what authority an Officer has to enter my backyard or to have animal control enter my backyard if we are not home.

[jbarn]

I put the dog door down after the Officer left and I will do that evey night from now on. My only concern is if we were not here and an Officer rang our bell. What could they do to shut the dog up. I live in the county so no city ordinances. And again, I am acknowledging she is not a silent dog, and I will work on that, but this is a retaliation thing from the new neighbor and I was wondering what authority an Officer has to enter my backyard or to have animal control enter my backyard if we are not home.

I cannot imagine them entering your yard for a barking dog. I can see them ticketing you.

[03Lightningrocks]

Time to get a backyard surveillance camera. It will come in handy should anything "unfortunate" happen. Maybe get a motion sensor light that hits your yard with a very bright flood light. I have one with two 150 watt halogen bulbs. I also use it to know if anyone has or is around my "zone" at night. If I look out the back and see my floods on, I know someone or something has been close enough to activate them. "Alert Level" goes up a notch. Set your camera up to video just beyond the fenced area. Put a padlock on your gate as well, if there is not already one on it.

[The Annoyed Man]

With all due respect, maybe I missed something in reading your opening post. Exactly what is the connection between the noisy new neighbor and police knocking on your door at 1:30 a.m.? I ask because I thought your story was headed one way, and then it took a 90º turn, and the end doesn't seem at all related to the beginning........at least to me. If I missed something, please forgive me.

[03Lightningrocks]

With all due respect, maybe I missed something in reading your opening post. Exactly what is the connection between the noisy new neighbor and police knocking on your door at 1:30 a.m.? I ask because I thought your story was headed one way, and then it took a 90º turn, and the end doesn't seem at all related to the beginning........at least to me. If I missed something, please forgive me.

I noticed the same thing but figured it was the posters way of saying he thinks the bad neighbor is messing with him by calling the cops on his dog.

[WildBill]

With all due respect, maybe I missed something in reading your opening post. Exactly what is the connection between the noisy new neighbor and police knocking on your door at 1:30 a.m.? I ask because I thought your story was headed one way, and then it took a 90º turn, and the end doesn't seem at all related to the beginning........at least to me. If I missed something, please forgive me.

I noticed the same thing but figured it was the posters way of saying he thinks the bad neighbor is messing with him by calling the cops on his dog.

That was my interpretation.

Maybe the guy with the noisy Camaro got reported and he thought it was the howdy and was trying to some revenge.

[howdy]

Gosh, I thought I did a better job of 'splanin. New neighbor who had trouble with his neighbors (including me) over drag racing his car up and down the street. I was one of a group of people that told him we would call the Police if the reckless driving didn't stop. I don't know if someone actually called the Police....I didn't. Jump forward to last night and I get a visit at 1:30 in the morning from the local Police about a dog barking complaint. All my other neighbors have been there many years and we are all friends. They would call me if they had a complaint. This is an old dog that has been at my home for 11 years and this is the first complaint. I think the Police visit was retribution for our complaining about his immature driving.

I just had a question about the authority of the Police to enter my backyard if I was not home and this new neighbor complained again.

[JSThane]

With reference to any authority to enter your yard, absent a couple specific situations, they don't have any right to enter your property at all. They need A) permission, B) a warrant, or C) "exigent circumstances", ie, murder being committed, actively chasing a suspect (in sight, jumping into your yard or kicking your door in, and following him), or fire/earthquake/natural disaster response. So, if you aren't home or don't answer, have your gates locked, and "no entry w/o permission" type signs posted. If he enters without any of ABC then, he's committing trespass.

On the greater issue, assuming your bad neighbor's being a bad neighbor and making frivolous calls, you say you're "in the county." I'd ask to see what laws or ordinances exist with reference to dogs barking or other noise complaints for your area. I'd lay odds that there ARE no enforceable regs in place, and your dog could bark all night long with impunity. Likewise, while speed limit violations would be citation-worthy, your neighbor could probably be as loud as he wanted, too, without any recourse for the neighbors.

That sort of freedom from city regs is part of why I like living "in the county," but I have to recognize that it limits my options when dealing with annoying neighbors. I imagine it's probably the same where you live.

[DocV]

Time to put padlocks on your gates and appropriate signage.