Tracy Press

A local resident weighs both sides in an ongoing debate about noisy pets and responsibility.

Several people have written about the problems with barking dogs in their neighborhoods. They have written views on both sides, both as dog owners and as victims of a dog disturbing their peace.

As one writer mentioned, there are issues of more importance to write about locally, and I agree. But to those of us who live near dogs that continually bark, this is an important issue.

Local letter-writer J. Wilder said, “Keep in mind that birds fly, babies cry and dogs bark.”

That sounds exactly like something my inconsiderate neighbor would say. This, of course, is a neighbor with a dog guilty of barking all day. Yes, dogs bark, but with training, they can learn not to bark while their owner is gone for 10 or 12 hours a day, five days a week. They can be trained to bark only to ward off strangers and trespassers, instead of for attention — attention they won’t get, because no one is home to give it.

When did we start looking at dogs for what they do for us, such as guard the house, and stop looking at them as family pets, worthy of love and affection?

J. Wilder also wrote that “understanding” and “a good nature CD” can put things in perspective for a person who lives next to a barking dog. But try being understanding after putting in 10 or 12 hours on a graveyard shift and barely dozing off before waking to the sound of a dog barking so loud that it sounds as if it’s in your yard. Try functioning at work after you are deprived of sleep, day after day. Depending on your job, that could be a safety issue.

I agree with what another writer, E. Ferguson, said on this issue, that a noisy dog is the owner’s fault for not taking the time to train it. I also agree that it is irrelevant whether the dog-owner has lived in the neighborhood longer than anyone else. That doesn’t give one person any more right than another. Everyone should be able to sit in their yard or sleep in their house in peace.

Now, you might ask, why haven’t I spoken to the dog’s owners and let them know their dog continually barks while they are gone? The answer is, I have. This particular neighbor was not responsive. Actually, he did have a response — one that I can’t repeat — but he was nonresponsive as far as correcting the problem.

The next step one might consider is calling the police. First of all, it is sad that people can’t be considerate of others on their own, without being told by a police officer. And let’s be real: The police department has more important things to do than to tell people to get their dogs to stop barking. Judges also have more important cases to hear than one involving a barking dog.

What really needs to be done is for our city government to get on the ball and give animal control the power to take more effective action on repeat calls to the same barking dog. Maybe if the owners of dogs that bark all day had to pay fines, there would be incentive for them to remedy the problem. When it affects the wallet, people seem to react more quickly. Some people need this type of persuasion.

I also find it strange that some dog owners are deaf to their dogs’ continual barking, even when they are home.

Yes, dogs bark — but usually for a reason. They are hungry; there’s a stranger on the property; or they are looking for love and attention. I’m not saying all dog owners are guilty of neglecting their dogs in the area of attention, but those of you who do, well, you know who you are.

My question to you is, why have a dog?

I would never suggest that a person abandon a pet, but if you don’t want the dog and all the responsibility that goes with it, do your neighbors a favor and find the dog a new home — one in which the owner has the time to take the dog on walks, spend time with it and train it.

• Sandy Lebien is a Tracy resident.

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written by Chris LeClair , March 08, 2008

Excellent article, Sandy. Your view of the dog epidemic, not only in Tracy, but nation and worldwide, is right on the mark. The odd thing is, all sociopathic dog owners give the same irrational excuses for the bad behaviors of their animals. "Birds fly, babies cry, church bells toll, dogs bark. My dogs can't be trained. If cars can be noisy, so can my dog. Barking is our security, and you should be thankful for the "community service" we provide. You're just stalking us. My dog doesn't bite. That was the first time my dog ever attacked anyone. My dog was never vicious before it killed that baby." Same excuses that attempt to avoid responsibility and accountability for their actions. It's like they all went to the same bad-dog-owner convention. Law enforcement does little, and even with well-written laws these offenses go unenforced. Court systems do less. Dogs are the sacred cow of America. No one seems to recognize the health ramifications of barking noise, not only for the human victims (cardiac problems, high blood pressure, nervous disorders, depression, sleep deprivation - too many to list), but for the dogs themselves (nervous disorders and ulcers). The worst health ramification is escalating violence. There are abundant examples in the news of dead dogs, dead dog owners and dead complainants - but law enforcement doesn't see beyond their donuts which I'm sure they are sharing with city prosecutors, city council members and judges. Everyone sits around snacking, not doing their jobs to keep the citizens safe, and domestic dog terrorism continues. It is the dog owner's responsibility to properly train, socialize, and care for their animals. If they can't or won't, they shouldn't be allowed these ownership privileges. No one should be allowed to impose their animals on another person. www.dogassault.com

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written by GR What do you think? , March 09, 2008

Need some advice here, GR. Can you help us sort this one out?...

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written by BP , March 09, 2008

Great letter! Another point to make would be the fact that Animal Control has to witness the violation to issue a citation for the offense. It's Murphy's Law...every time they respond to a barking dog complaint the dog is never barking. The Tracy Municipal Code for barking complaints is very vague, therefore it is sometimes hard to justify. I think the City should have the citizen cite the animal owner. The citizen is the one who witnesses the complaint, can keep a log of the barking, and appear in court to plead their own case. Other cities have used this method and it works.

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written by NoName , March 09, 2008

Why should it be up to law enforcement to deal with what is essentially a civil matter? While it is their duty to respond to a complaint, isn't it your duty to prove the violation? What better way to do that then compile your case and take the dog owner to court instead of calling law enforcement every time the dog barks? I'm tired of these letters. Yes, these dog owners are irresponsible. Yes, they have no respect for their neighbors. Yes, they do not deserve to own an animal. Animals are a luxery. But when do the people complaining take responsibility and do something about it. They think that because they pick up a phone and make a call the problem should be solved for them. What may be a nuisance to you may not be for next person.

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written by annoyed neighbor , March 09, 2008

We have tried to do something. We have talked to the owners of the animal and given them plenty of time to take care of the problem. They did nothing after 2 months full of empty promises. Then we bought a $100.00 barking machine that sends off high pitch noise when it barks. That was 2 weeks ago and nothing has happened. Finally we called animal control and now are in the 2 week period waiting for the owners to re-train the dog. We have plenty of video waiting for the cops to come out and see after that period is over. Then they will start handing out citations. Hopefully then they will get the picture. I understand the cops have more important things to deal with but I have tried everything! Maybe if we all take a stand, something might happen.

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written by NoName , March 10, 2008

Cops/Animal Control have to witness the violation as it happens.....not off video footage a neighbor has taken. Your footage may only help if you take them to court yourself, which is something you should do anyway if the complaint is valid. Once again, this is a CIVIL MATTER.

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written by Spiteful , March 11, 2008

I was plagued by these type of #$%#ing neighbors for a while. However, I didn’t wait that long!!! I went through the process of calling the police, animal control etc. Waiting the 2-3 hours until they came out (after they had sent the neighbors letters that failed to work). Low and behold, the 30 seconds (if and when) they came, the dog only barked a little and didn’t bark the “required” 20 straight minutes to be considered a noise violation. Of course, I got all the same responses as the writer of the article. What to do??? I went online and found the following product: http://www.worldpetstore.com/goodneigbarb.html http://www.smarthome.com/6112.html I bought the first one and it worked pretty good. It has a loud annoying high-pitched sound that comes out when the dog barks. It definitely curbed the dogs barking a lot. The most important aspect was that it annoyed the neighbors just about as much as their dog was annoying me. So much so that (after about a week) they called the police on me for the same noise violation that their dog was violating. When the police came out, they observed and I explained that it only went off in direct response to the neighbor’s dog as a NON-VIOLENT way to try and address the issue since nothing else was working. By this time, the police/animal control were well aware of the issue. The police couldn’t do anything and called the animal control. If they did do something, they would have had to correct the underlying problem of the dog because it was the dog that was causing the device to go off. In the end, it solved the problem. Try it; it is worth the cost just to give them the same consideration they are giving you. An eye for an eye. Fight fire with fire. Spiteful.

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written by Chris LeClair , March 11, 2008

Noname - obviously you've never been tormented by barking dogs and their horrible owners. Most people don't have the money to take the dog owners to civil court as it can cost around $10,000. Small claims is another option. Both outcomes are determined by the judge. There is research on the health ramifications of noise pollution, but for some odd reason judges want exact proof of nuisance, health ramifications, monetary loss, property loss, etc. I don't think civil court is as easy and you make it sound. Winning also depends on the disposition of the judge in most cases and sorry to say, I've heard of many who dismiss these cases because of the ignorant belief that "barking is what dogs do". They must be bad dog owners themselves. Court can take up to a year or more. So as victims, we are supposed to listen to dog barking everyday for a year? Damaging our lives, our health, our property values? Why can't the police protect citizens? These people are using their animals as weapons of assault. Why wouldn't it be their job? With investigational skills, they would serve as excellent and objective witnesses (IF they can catch the dogs barking!) Why have the police chiefs and city attorneys write these nuisance laws and then expect the victims to prove it with no backup from authority? Police do have more important things to do so if the laws were stronger, taken more seriously and strictly enforced with larger fines and consequences, maybe people would think twice before imposing their animals on their neighbors? Currently too many people think barking is inconsequential. I disagree. These bad pet owners need to be accountable whether it be barking, biting, attacking, murders, abandonment, dog fighting.... The whole of society suffers by allowing these people to continue their terrorism.

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written by M R Sackett , March 11, 2008

Yes, this is a worldwide problem, one that visited our quiet town of Mount Dora in Florida. Folks moved into a VERY quiet neighborhood and decided to let their four dogs bark ALL day and night...never noticing that no other dogs barked for that length of time. I got literally no response from animal control enforcement...so I went before the city council, asking them to amend the city ordinances in favor of the VICTIMS of this type of noise disturbance. We were made to look like dog haters by the local (and national) media. Absolutely blew my mind that folks get so involved in city issues when it concerns their dog(s), yet have (had) little care about the millions that the city wastes every year on frivolous projects.
Anyway, this issue literally divided our neighborhood...yet the city council did the right thing by amending the noise ordinance to even the playing field for victims of this type of nuisance noise. If this is what you've got to do in order to have peace in your home, then DO it. Stay on it. We are all entitled to the sanctity of our homes. Owners of these types of nuisance barking dogs are pretty much ALL the same...defensive, aggressive and just as loud as their own dogs.
I wish you all luck and just wanted to let you know this is happening all over the country...and the world. Just do a Gooogle news alert with the words 'barking dog' and see how many news stories appear DAILY. That's how I found this particular story. Also the website dogassault.com is on a crusade to help victims band together to rid neighborhoods of this noise nuisance, to make the city codes stronger and to give overall information to help you succeed in petitioning your cities to recognize this is not only a noise problem but also a potential health problem for the victims of this noise.

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written by SheilaA , March 11, 2008

As an Animal Control employee for a different City I'm the one who takes the barking complaints from citizens. I completely sympathize with the vitim in these situations, but I also feel it is up to the victim to take approperiate action as well. 90% of the time the one complaining has not spoken to their neighbor regarding the barking. Sometimes people are not aware there is a problem. Calling Animal Control or the police may serve in only making the animal owner vindictive or resentful that they couldn't have just been "neighborly" and knocked on their door first. I don't know about Tracy, but where I work we can take up to 50 barking complaints a day! Especially when the weather gets warmer and people are opening up their windows or outside more. How is it that they never noticed the barking before when the weather was bad? A true barking dog will bark rain or shine. I have had Officers work diligently to investigate the complaint only to find out its a neighbor dispute about parking spots. One complaintant couldn't understand why we didn't take the dog away because it barked off and on for about 30 seconds at a time. Maybe it is the people who are doing the complaining that are ruining it for the people who truly do have a barking dog for a neighbor. I understand that there are victims of barking dogs, but its not so easily solved. Think of dogs as children in the eyes of the law because that is certainly how they are treated. Dogs are considered personal property and how would the police/animal control respond to loud noisy children playing in their backyard disturbing the neighbors? I agree 100% that the laws definately need to be changed to better protect the victim in this situation, but until that happens Animal Control will continue to work down the list of 50 complaints a day until they get to your complaint and hopefully the dog will be barking when they pull up.

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written by John McGillicuddy , March 11, 2008

Barking dogs are a nuisance. The idea that anyone should have to listen to a dog bark for hours is ridiculous. Would a person be allowed to scream at the top of their lungs for hours? Where's the difference? Disturbing the peace is disturbing the peace.

There are remedies. A victim should keep a log - every time the dog barks, write down the day and the length of the barking. The victim should immediately talk, politely, with the dog owner, and make a note of the conversation. After one or two verbal requests, the victim should send a letter to the neighbor, politely explaining how much the dog has barked and explaining why it is annoying. If the problem doesn't go away, a 2nd letter should be sent, stating "we may have to look into other remedies since the barking hasn't stopped." Be sure to stress in writing that you won't hurt the dog and you won't do anything unethical, illegal, or retaliatory. Suggest they purchase a barking collar - offer to pay for it. These devices work - the dog only gets zapped a few times, then learns to keep quiet.

If the problem continues, call animal control and instruct them to do an "animal welfare check." This usually gets the attention of the owner. After a few trips by county animal control officers through every square inch of their property, inside and out, most dog owners do something. If the problem continues, call animal control again.

As a last resort, go to small claims court. If you've kept a good log of your conversations and letters, as well as the hours the dog barks, and if you've made a few audio recordings of the dog barking, along with comments noting the time of day, the duration of the barking, and how it affects you, you will win the maximum award.

Good luck. Dog owners have a hard time understanding how annoying their dogs can be when they bark, but if you are organized and persistent, you will get through to them.

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written by Pastannoyedneighbor , March 12, 2008

I can relate to Sandy's problem. I too, had the same problem several years ago. I was so fed up that I simply went to the dogs yard and let it out. No problem....I don't think the owners even knew the dog was gone....end of problem. Now I live in the country because I was tired of the "Thumping" stereos in passing cars. Finally...piece and quiet.

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written by Thaddeus , March 12, 2008

Superb article.
Dogs that bark at random people/things that move are a major nuisance even if they bark for "only" 20 seconds at a time. Imagine living near a malfunctioning car alarm or smoke alarm that goes off every hour or two for a "mere" 20 seconds at a time.
Some of us are nurses and doctors and drivers and security staff. Some of us need to sleep during the day. How would you like to be awakened every hour by a 20-second alarm clock ring?
The reason barking dogs are a problem in so many places is that victims of dog barking are like victims of any other type of abuse -- some of them are reluctant to stand up against the bullies and to retake their neighborhood. Take action, there is no other way.

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written by maybenotdumBcommenT , March 27, 2008

Tracy Municipal Code
Title 4 Public Welfare, Morals and Conduct

Article 9. Noise Control
4.12.820
(e) Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued and unreasonably loud noise shall disturb the comfort or repose of any person of normal sensitivity in the vicinity

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written by maybenotdumBcommenT , March 27, 2008

"the following acts are declared to cause disturbing, excessive, or offensive noises in violation of this article although such enumeration shall not be deemed to be exclusive:"

PLEASE INSERT THIS PRIOR TO 'TRACY MUNICIPAL CODE', ABOVE.

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written by maybenotdumBcommenT , March 27, 2008

You can win in small claims court but you can't always collect on the verdict.

I hear the garbage collection trucks, I hear about 4 or 5 dogs barking, I look at my dog and she is sitting there soaking up the sun. They can be trained to not react to noises. My dog likes the mail people. However when the can is being brought back into the backyard she barks up a storm. That is appropriate. I feel sorry for the dogs left for hours on end.