nuissance of a neighbours barking pet dog

In Civil Law
A slum house has a dog tied in front of our window all day and night. They have been requested personally, sent notice from municipality and also filed. Complaint in police against them but they are neither willing to let the dog stay untied, keep it inside home or give ir away for adoption as they have paid 10k for that animal. We are haing to keep half the house shut because of this problem. We e live in a rented premise. What should we do. Can i sue them and slap them with a compensation. Please advice.

Answers (2)

148 votes

Usually, problems with barking dogs can be resolved without resorting to police or courts. If you do eventually wind up in court, however, a judge will be more sympathetic if you first made at least some effort to work things out informally. Here are the steps to take when you're losing patience (or sleep) over a neighbor's noisy dog:
1. Ask your neighbor to keep the dog quiet. Sometimes owners are blissfully unaware that there's a problem. If the dog barks for hours every day -- but only when it's left alone -- the owner may not know that you're being driven crazy.
If you can establish some rapport with the neighbor, try to agree on specific actions to alleviate the problem: for example, that your neighbor will take the dog to obedience school or consult with an animal behavior specialist, or that the dog will be kept inside after 10 p.m. After you agree on a plan, set a date to talk again in a couple of weeks.
2. Try mediation. Mediators, both professional and volunteers, are trained to listen to both sides, identify problems, keep everyone focused on the real issues, and suggest compromises. A mediator won't make a decision for you, but will help you and your neighbor agree on a resolution.
Many cities have community mediation groups which train volunteers to mediate disputes in their own neighborhoods. Or ask for a referral from:
the small claims court clerk's office
the local district attorney's office -- the consumer complaint division, if there is one
radio or television stations that offer help with consumer problems, or
a state or local bar association.
For more information, see the Lawsuit, Mediation & Arbitration area of Nolo's website.
3. Look up the law. In some places, barking dogs are covered by a specific state or local ordinance. If there's no law aimed specifically at dogs, a general nuisance or noise ordinance makes the owner responsible. And someone who allows a dog to bark after numerous warnings from police may be arrested for disturbing the peace.
To find out what the law is where you live, go to a law library and check the state statutes and city or county ordinances yourself. (See How to Find Local Ordinances and State Laws, above.) Look in the index under "noise," "dogs," "animals," or "nuisance." Or call the local animal control agency or city attorney.
4. Ask animal control authorities to enforce local noise laws. Be persistent. Some cities have special programs to handle dog complaints.
5. Call the police, if you think a criminal law is being violated. Generally, police aren't too interested in barking dog problems. And summoning a police cruiser to a neighbor's house obviously will not improve your already-strained relations. But if nothing else works, and the relationship with your neighbor is shot anyway, give the police a try.

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183 votes

That based on the above facts in my opinion you could lodge a complaint under the prevention of cruelty to animals act, as under section 11(g) of the act their action would amount to cruelty. Also you could file a police complaint under section 268 and 290 of Indian Penal Code for public nuisance. You could file a suit for compensation, however you would be required to prove considerable damage to get awarded a decent amount of compensation and yet in my opinion the cost of litigation may be more than the compensation you actually receive.

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