West Lothian Council delivers

Dog Warden Service - dog barking complaints

 

DOG BARKING COMPLAINTS

West Lothian residents who are upset by noise caused by continual barking of a neighbour's dog(s), either inside or outside their homes, have the right to take action in an attempt to resolve the problem. Please remember that semi-detached houses, terraced properties, and flats are seldom designed to be totally sound proof. You may from time to time be able to hear your neighbour's dog(s) barking. It is normal and natural for dogs to bark, and you cannot expect any neighbour's dog(s) to be silent.                                                                                                          If the noise is so loud, frequent, and prolonged as to interfere with your normal activities as an occupier, there may be behavioural/training issues that need to be addressed. There are many reasons why dogs might bark, and it is important to understand these when trying to resolve the problem.  We always recommend that you raise the problem with your neighbour in normal conversation. Explain how the barking affects you and ask your neighbour if he/she would try to solve the problem. Often neighbours will not realise that their dog causes others distress. This way, it can be sorted out without the dog owner feeling they have been reported to the authorities.  We recognise that this is not always possible, because it may be difficult to approach the dog owner directly. We recommend that you put your complaint in writing to your neighbour, in polite terms, again pointing out that the barking is causing annoyance and requesting that he/she takes action to solve the problem. You should allow adequate time for your neighbour to consider your request and take action to comply with your request. Allow at least two weeks. Copies of correspondence should be kept for future reference. If there has still not been any reduction in the baking contact us on 01506 282500.                                                                                             

What we will need to know?

1. Your name and address and contact number or email address. (Your details will not be given to the person complained about without your permission). Although we will record the complaint, we will not usually deal with complaints where the complainant will not give us these details. You should also be aware that if the complaint is either dealt with by formal Notice or it ends in court action,  it is likely the offender will know who you are.
2. The address where noise is coming from. (Names and contact phone numbers are very helpful to us if they are available).
3. When and for how long noise occurs
4. The way the noise affects you
5. Anything you have done to try and deal with the problem (e.g. talking to the dog owner regarding the problem)

How will we deal with it?

The investigating officer will contact you to discuss the complaint. The dog owner will then be visited to be advised of the complaint. Training advice will be offered. This is to help deal with any behavioural/training issues, which is often at the root of barking problems. You will then be contacted after two weeks to see if an improvement has been made. If there has been an improvement, and barking is acceptably reduced the complaint will be closed. If no improvement has been made, or the barking is still at a level whereby it causes a nuisance, you will be asked to keep diary sheets containing accurate times of the dog barking.  The investigating officer will then make visits based on the times given in the diary in an attempt to witness the dog barking. Usually 3 visits will be made when the noise is liable to be evident to witness the extent of any problem.

You can download a barking diary here.

If the investigating officer is satisfied that a nuisance exists, attempts will be made to resolve the complaint informally - if this is not successful, a statutory notice can be served on the person(s) causing the problem. Where work is required to meet the terms of a notice, a period of time will be allowed for the work to be done. Failure to comply with a notice after this time becomes a criminal offence, and the person responsible can be prosecuted.

Formal Action

Local Authorities have powers under the Environmental Protection Act 1990 to take action against statutory noise nuisance, however, it is important to understand that:

• Not all noises that cause annoyance will constitute a statutory nuisance
• Some types of noise are not covered by the Act: and in deciding whether statutory nuisance exsists, the nature, volume, frequency of occurrence and how often and when the noise occurs all need to be taken into account (occasional or sporadic barking is unlikely to br a statutory nuisance).
  

In some cases the investigating officer may be sympathetic to the effect the noise is having on you, but cannot take the matter forward as a statutory nuisance and formal action would not be appropriate. In these cases you can take your own action through the courts.  See below:

Private action under the Civic Government (Scotland) Act 1982

An individual, but not a local authority, can consider taking formal action under the Civic Government (Scotland) Act 1982.  The relevant section of the Act is Section 49 of which Subsections (2) and (3) state:-

2. A District Court may, if satisfied that any creature kept in the vicinity of any place where a person resides is giving that person, while in that place, reasonable cause for annoyance, make an Order requiring that person keeping the creature to take, within such period as may be specified in the Order, such steps (short of destruction of the creature) to prevent the continuance of the annoyance as may be so specified.

3. An Application to a District Court for an order under subsection (2) above may be made by any person.  You must appear in Court on that day with any witness you may have.  It will be up to you to convince the Court that what you say is true.  Alternatively, you may employ the services of a solicitor to undertake this on your behalf.

Updated: 01/12/11