A dog can be man's best friend, but a neighbor's worst enemy. Does your neighbor own a dog that barks outside all day and night? Fresno County Municipal code 9.04.210 provides that it is unlawful for a person to allow a dog to habitually bark in such a manner as to destroy the peace of a neighborhood. Here are my recommendations on how to quiet a noisy dog:
1. Avoid yelling over the fence. It feels good to release the built up frustration. However, this hardly ever works. It is best to ring the bell during the daytime and being pleasant. Maybe your neighbor did not even know there was an issue.
2. If the noise persists, give the neighbor a written warning. Provide them a copy of the above Municipal Code Section. Tell them the problem. Keep copies of the letter. If you live in an area controlled by a housing association, send them a copy of the letter. Perhaps they can help.
3. Call the police and city/county code enforcement. In my experience the police will not issue a citation; however, they will generally knock on the door and let the owners know that there is a problem. I would bet that 1/2 of dog barking problems are usually cured by this step.
4. File a lawsuit for nuisance. If the neighbors' dog is still bothering you and nothing you have done to resolve the situation has worked, you have every right to file a lawsuit. Generally speaking, there are two different remedies that can be sought from such a lawsuit. If you want money damages, you could probably get away with filing a lawsuit in small claims court. However, if you seek a court order from the judge directed at your neighbor to cease and desist making the noise, then you will have to file suit in regular civil court.
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