Barking of the neighbor’s dog: is it a noise nuisance?
Neighborhood problem: barking as “behavioral noise”
A dog’s barking can constitute a noise nuisance recognized by law, as long as it disturbs the peace and quiet of the neighborhood. They fall under the behavioral noise categoryin the same way as certain human noises (music, tools). This concept designates noise pollution linked to human or animal activity or behavior.
The criteria retained by the law
For barking to constitute a punishable nuisance (in this case we also speak of “abnormal neighborhood disturbance”), it is sufficient that it is:
- repeated (the central criterion);
- and/or continuous (prolonged barking over a long period of time, day and night);
- and/or intense (audibly audible to the neighborhood).
Only one of these criteria is sufficient to characterize the offense. It is therefore not necessary for the barking to be loud, continuous and repeated. Contrary to popular belief, there is no sound threshold in decibels. The assessment is based on qualitative criteria.
Dog barking: a tolerance to accept
Attention however: the law admits that a dog can bark occasionally. A reasonable tolerance is therefore required between neighbors, particularly during a one-off event or during the day, for short and isolated barking. On the other hand, this tolerance disappears when the barking becomes recurrent, prolonged or systematic, especially at night.
Barking Dog Law
Article R1336-5 of the Public Health Code states that no particular noise must, by its duration, repetition or intensityharm the tranquility of the neighborhood or human health, in a public or private place. It does not matter whether the noise is caused by a person, something in their care, or an animal placed under their responsibility.
Barking dog: at what time of day is it prohibited?
Barking during the day: daytime noise
During the day, from 7 a.m. to 10 p.m., it is behavioral noise regime that applies. A dog’s barking can be punished if it is repeated, continuous or excessively intense. Contrary to popular belief, barking does not have to be at night to be prohibited.
A dog that barks repeatedly in the middle of the day may well constitute an illegal noise nuisance. The assessment is made on a case by case basiswithout a quantified sound threshold, but depending on the concrete harm to the tranquility of the neighborhood.
Barking at night: nocturnal noise
At night, the legal regime is significantly more severe. In the middle of the night, between 10 p.m. and 7 a.m., one bark may be enough to characterize a noise nuisance, without it being necessary to demonstrate a prolonged duration, repetition or particular intensity.
However, one condition is required: the owner must be aware of the trouble caused and not take measures to remedy it. Case law thus considers that nocturnal noise is necessarily intentionalas long as the problem persists without the necessary corrective measures.
How long can a dog bark?
There does not exist no precise legal duration setting the time during which a dog can bark. French law does not provide for a number of minutes, an hourly threshold or a quantified tolerance. The assessment is based exclusively on the circumstances and on the notion of noise pollution. Depending on the situation, it is not necessary for the dog to bark for a long time.
What to do if the neighbor’s dog barks all day?
Responsibility of the dog owner
In France, the owner (or guardian) of the dog is legally responsible noise pollution caused by the animal, even in its absence. Barking can therefore give rise to:
- an intervention by the police or the town hall;
- a report (municipal agent, bailiff);
- a formal notice to stop the noise;
- administrative or criminal sanctions;
- or even a civil action based on abnormal neighborhood disturbance.
Contact the neighbor directly
Firstly, you must contact the dog’s owner in a calm and factual manner. It is common for the owner to completely ignore the nuisance, especially when the dog barks in their absence. It is useful to emphasize the everyday character barking (repetition criterion), duration or the real discomfort occasioned.
If contact is difficult, a written message (mailbox) can be left, waiting a few days to observe a possible reaction.
Involve a third party (trustee or lessor)
If direct discussion is unsuccessful, going through an intermediary is a good option. In co-ownership, it is possible to contact the trustee, the regulations almost always providing clauses relating to neighborhood disturbances. If the dog’s owner is a tenant, the inconvenienced neighbor can contact the lessor.
Keeping a pet for rent
A landlord cannot prohibit in principle the keeping of a pet (law of July 9, 1970, still in force). On the other hand, if the animal causes proven problems, the detention may be called into question later.
Formalize by registered mail
If there is no reaction, it is recommended to send a registered letter with acknowledgment of receipt to the neighbor concerned. This letter allows you to officially date the neighborhood conflictto demonstrate a prior amicable attempt and to prepare for a possible litigation outcome.
What are the legal means to stop the neighbor’s dog from barking?
Report the nuisance
If amicable efforts fail, it is essential to objectively prove the disorder. It is then appropriate to involve the municipal police or the gendarmerie, who can draw up a report, or to request a bailiff, who will draw up a report that can be used in court.
Take civil action
It is possible to bring a civil action based on the abnormal neighborhood disturbance. This action allows you to ask the judge to stop the barking (concrete measures borne by the owner), and, if applicable, damages. Sometimes a financial penalty as long as the disorder persists may also be required.
Unlike the criminal complaint, the civil action is focused on solving the problemand not only on the sanction.
File a complaint depending on the situation
It is possible to file a complaint, but only in a specific context: when the barking constitutes a nocturnal disturbance or a characterized daytime disturbance, noted by the police, and the owner of the dog is aware of the problem without taking action to remedy it.
The complaint can be filed with a police station or gendarmerie, or directly with the public prosecutor. In practice, the complaint mainly targets a fine and deterrent effect on the dog’s owner. But it alone does not guarantee lasting cessation of the disorder.
Dog that barks a lot: what are the penalties defined by law?
A fine for excessive barking
When the police notice a noise nuisance linked to the barking of a dog, the owner may be fined a 3rd class fine of a maximum legal amount of 450 euros. But in the majority of cases, the fine takes the form of a fixed fine, the amounts of which are as follows:
- 45 euros : reduced fine (prompt payment).
- 68 euros : normal fixed fine.
- 180 euros : increased fine (in case of non-payment on time).
In case of recurrence or persistence of the disorder
When the barking continues despite an initial sanction, new fines can be trained and the owner of the dog can be summoned before the police court. Additionally, penalties can pile up. The repetition of the behavior therefore plays a central role in aggravating the situation.
The owner’s formal notice
The police or the town hall can send a formal notice to the owner of the dog, requiring him to take the necessary measures to stop noise pollution. This step aims to force the owner to act (education, custody, prolonged absence of the dog, etc.).
Removing the dog as a last resort
In the event of persistent inaction despite formal notices, the law provides for a particularly restrictive measure: the removal of the dog from its owner and his placement in a kennel or suitable structure. This measure remains exceptional, but it is legally provided for when the noise pollution is lasting.
How to silence a barking dog so as not to disturb its neighbors?
Identify the reasons for the dog’s behavior
It is not always easy to stop a dog from barking. All depends on the animalthe breed of the dog and its character, but barking is often linked to loneliness, separation anxiety, discomfort or fear. This is essential because an effective solution directly depends on the initial problem.
Stimulate your animal
Regular stimulation significantly reduces barking linked to boredom or frustration and contributes to the animal’s well-being. In fact, an insufficiently active dog is much more inclined to bark. The most common solutions consist of:
- increase the duration and quality of walks ;
- offer occupation games (interactive toys, search mats);
- vary activities to mentally tire the dog;
- avoid excessively long or repeated absences without relief.
Training your dog with the help of a professional
When the barking persists, it is recommended to call a dog trainer or a behaviorist. These professionals can precisely analyze the cause of the barking, propose a personalized program and support the master. This is seen by the judges as a serious and responsible approach.
Keep track of efforts made to silence your dog
It is strongly recommended to document all steps taken to stop the barking. This may include:
- certificates or invoices from educators or behaviorists;
- proof of purchases of occupation devices or games;
- written exchanges with the neighborhood;
- notes on adjustments made (schedules, organization, on-call).
In the event of litigation or legal proceedings, these elements can be presented to the judge to demonstrate the good faith of the owner and his active involvement.
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