Noisy and Barking Dogs

DOG LAWS

Why dogs bark

Barking is one normal method of canine communication, it is
no different to us talking, birds singing and cats meowing.
Dogs bark naturally but the constant barking or whining of a
dog can be very disturbing or annoying for neighbours.
Often this problem occurs when you are out of the house
and you may not realise that someone is being affected.

EXPLAINED

In law, a barking dog can be a statutory noise nuisance.

Barking
dogs:
Environment
al
Protection

Whilst dogs are

allowed to bark,
they are not
allowed to bark so
that it causes a
nuisance. It is a
matter of fact and
degree in each
case and factors
that may be taken
into account
include the volume,
duration of the
barking and the
time of day it
happens.
If a complaint is
made to a Council,
they have a duty to
investigate it. The
Council may serve
a Noise Abatement
Notice and if the
barking continues
then they may
prosecute under
the Environmental
Protection Act
1990. The likely
penalty is a fi ne.
The neighbour may
also take action
themselves.

Dogs are not by nature solitary animals; they need the

security of a family group. Pet dogs regard their owners as
a substitute family and can soon become distressed when
left alone for long lengths of time.
Some of the main reasons why a dog may bark are:

loneliness
boredom or frustration
attention seeking
defending territory
medical problems
lack of training.
Training is important so that your dog does not bark at
anything that moves. A well-trained dog should be able to
distinguish between visitors allowed into the house and
people who are intruders. Good training is essential at an
early age. This combined with affection and companionship
should mean that your dog will not develop these bad
habits.
As responsible dog owners we have to accept the fact that
there are people in the immediate neighbourhood that do
not like dogs for whatever reason and therefore dogs and
their owners become easy prey by enabling dog haters to
complain to the authority mostly in a malicious,
unjustifiably, & cowardly way. This only antagonises the
situation and innocent people get the finger pointed at
them.

WARNING TO ALL DOGS

OWNERS

LUTTON RESIDENT EAGERLY REPORTING

BARKING DOGS IN A COWARDLY AND
MALICIOUS MANNER TO ENVIRONMENTAL
HEALTH TEAM AT
SOUTH LINCOLNSHIRE COUNCIL.

Tips to help stop your dog barking when you go out:

Feed and exercise him before you go out and leave him fresh water to drink.

Make sure his bed or basket is comfortable and not in a draught or direct
sunlight.

Make sure that the room is not hot or too cold and that there is adequate
ventilation.

If you are not returning until after dark, either leave a light on or use a night light
that comes on automatically when it gets dark.

Leave a radio or television on a low volume for the dog, preferably on a channel
which has mainly talking on it, as hearing a human voice will help the dog settle.

Some dogs bark because they want to join in with what is going on outside. If
this is the problem, try leaving your dog where he cannot see outside or by pulling
down blinds or closing curtains.

Allow your dog to have a safe place to go to. Some dogs bark because of anxiety
and ensuring they have a safe place will help them to feel they have some security
(this could be as simple as a comfortable bed/blanket with toys or could be a dog
crate which you could try covering with a blanket to make a hide for them).

Some dogs react well to being left with activity toys (such as Kongs/activity
balls). These can help preoccupy the dog during the initial anxiety period after you
have left the house.

If your dog is being left for periods longer than 4 hours it would be highly
recommended to get a dog walker/sitter, relative or friend to pop by and allow your
dog to stretch its legs in the garden. This helps as the dog can have some human
contact and interaction.

Leave at differing times during the day. That way he may not be so concerned
each time you leave. Don't make a fuss of your dog when you leave him.

Try putting the dog on his own in another room for a few minutes and then
gradually build up the time you leave your dog until he is quiet for a period. When
you return praise him.

Tips to help if you leave your dog outside all day:

Try not to put his kennel near a neighbours fence where the dog may be
tempted to bark.

Ensure the garden is completely secure to prevent your dog from straying locally
and causing problems to neighbours.

Don't blame the dog and think that you will solve the problem by replacing him
with another. All dogs bark and unless you change your lifestyle at the same time the
problem will still be there.

Considering a second dog for company may help but think about this very
carefully. Do you have the space and can you afford it? A second dog could result in
more not fewer problems.

What is a Statutory Noise Nuisance?

A statutory noise nuisance is determined under the provisions of the Environmental Protection
Act 1990. The legal definition of what constitutes a statutory nuisance is complex and based on
many years of case law.
We need to consider the following key factors when investigating a noise nuisance:
There must be a material interference with the enjoyment and use of the complainants
property. The noise must therefore be considerable.
The noise must substantially affect the enjoyment of comfortable living, such as loss of sleep,
interfering with conversation or watching television. However, there would have to be
consideration of the time the noise occurs, the intensity of the noise, its character and its
duration.
Isolated acts, unless extreme, would not be considered to be a nuisance, for example one- off
parties. The problem must normally be continuous or frequent.
Trivial, harassing or repetitious (vexatious) complaints will not be taken into account.
Any assessment of whether a particular problem amounts to a statutory nuisance is made from
the perspective of an ordinary reasonable person. This means that the council must exclude
any personal circumstances or sensitivities of the complainant from our considerations when
assessing nuisance.
Factors such as unusual shift patterns, medical conditions or other sensitivities of the
complainant cannot be taken into account when we decide whether a particular problem is
causing a statutory nuisance.
It is a persons basic right to use and enjoy their property. However, there is no right to
tranquillity or silence.
The following list outlines some of the common complaints we receive, but cannot deal with
under the provisions of the Environmental Protection Act 1990.
Household noise, for example, shutting doors, walking up and down stairs, children playing,
flushing toilets, noise between flats where laminated floors have been installed and so on.

If your complaint is in relation to anti-social behaviour such as shouting, arguments, swearing,

verbal abuse, the authority has a dedicated anti-social behaviour team and they may be
contacted on 0300 456 0100

Stages in investigating a noise complaint

When a person first contacts South Holland Council with a domestic noise complaint, the
complainants details and the nature of the complaint are taken by our Technical Support Team
and recorded on our computer database.

Information and evidence gathering

Record log
The first action in this stage is to send a log to the complainant requesting that details of the
alleged noise occurrence(s) is/are recorded, (within 5 working days). The investigation and
surveillance has commenced at this stage, and all legal requirements concerning evidence
gathering applies from this point. We would request that you complete the nuisance log over a
14-day period, however, if you do not feel this time period is representative of the noise
experienced then we would advise that you contact the investigating officer for further advice.
Notification of complaint
A letter will be sent to the person(s) complained of, advising them that a complaint has been
received and that officers will be undertaking an investigation. The complainants identity and
the dates of any noise monitoring that will take place will not be discussed with the person or
persons being complained about at this stage.
Receipt of log
Upon receipt of the completed nuisance log, we will consider a monitoring programme based on
the information provided. Where possible, an officer may undertake programmed visits to the
area for the purpose of substantiating your complaint. Alternatively, it may be necessary to
install noise recording equipment within your premises. If the log is not returned without a
reasonable explanation within 21 days, the complaint will be closed.
Recording equipment
There is usually a waiting list for the allocation of recording equipment, and officers will prioritise
within the resources available, based on the evidence already collected. Officers will install
noise recording equipment at the noise sensitive property as quickly as possible.
When available, the noise recording equipment will be left at the complainants property, for a
period of up to 7 days, or as seen appropriate by the investigating officer. It is important to note
that equipment is normally located inside a dwelling in a habitable room such as a main
bedroom or living room. The complainants co-operation will be required to trigger the
recording equipment as and when the noise nuisance is occurring. This will involve pressing a
button when the noise nuisance occurs. Officers will issue advice and guidance when the
equipment is installed. It is also important that any advice or instruction given by the Officer is
adhered to so that any evidence collected is not jeopardised or corrupted. Please be aware that
if the evidence is used by the authority in any formal action then we would require a witness
statement from the person operating the equipment to authenticate the evidence.
Visits
Officers will usually undertake a maximum of three visits to substantiate your complaint. If after
the three visits no noise nuisance has been established, the council will close the investigation.

Assessment of evidence
Upon the return of the equipment the collected data will be analysed to assess whether a
statutory nuisance has occurred. On completion of the assessment, the complainant will be
advised of the results, and the way forward. The time involved in this stage of the investigation
can vary, depending on the complexity of the complaint. It is necessary on occasions to
analyse a significant amount of data, both audio and statistical, especially in the more complex
cases.
Enforcement
We will assess the evidence collected and decide if a nuisance is occurring or not. In many
cases the evidence is insufficient, and the investigation of the complaint is ended.
If at any stage you are not happy with the councils findings, you can take your own action
under Section 82 of the Environmental Protection Act 1990, and investigating officers will be
able to advise you and provide information to the complainant of this procedure.
In cases where the council is satisfied that a nuisance is occurring then a Noise Abatement
Notice(s) can be served. A reasonable time will be given to comply with the terms of the notice.
Failure to comply with a Noise Abatement Notice(s) is a criminal offence. Once a Noise
Abatement Notice has been served the subject has 21 days of appeal and can appeal the terms
of the Notice at the magistrates court. However, in most cases this does not remove the
necessity to comply with the Notice through the appeal period.
When there is reason to believe that a Noise Abatement Notice has not been complied with the
council will undertake further monitoring and investigations and will then make a decision on
how to proceed. This could result in seizure of a particular items and/or prosecution in the
magistrates court. If the person on whom the Notice is served appeals, then the magistrates
court again determines the outcome. Court proceedings can introduce delays which can be
significant, for example up to 12 months.
In order to achieve a successful appeal/prosecution, complainants will almost certainly have to
give evidence in court, in support of any evidence collected by the council
Action by a private individual
There may be instances where an individual decides they wish to pursue their own action
independently of the council.

Authentication (law)
Authentication, in the law of evidence, is the process by
which documentary evidence and other physical evidence is proven to be
genuine, and not a forgery. Generally, authentication can be shown in one of
two ways. First, a witness can testify as to the chain of custody through
which the evidence passed from the time of the discovery up until the trial.
Second, the evidence can be authenticated by the opinion of an expert
witness examining the evidence to determine if it has all of the properties
that it would be expected to have if it were authentic.
For handwritten documents, any person who has become familiar with the
purported author's handwriting prior to the cause of action from which the
trial arose can testify that a document is in that handwriting.
There are several kinds of documents which have generally been deemed to
be self-authenticating documents. These include commercial labels,
newspapers and other periodicals, and offi cial publications of an arm of the
government.
A special category of evidence called an ancient document will be deemed
authentic if it can be shown to be more than twenty years old, and found in a
place and condition that a document of that age would likely be found.

HOW A COMPLAINTANT WILL BE ADVISED TO

COMPLETE THE DOG BARKING NUISANCE DIARY BY
THE EVIRONMENTAL HEALTH TEAM
If the nuisance that you are complaining about consists of a series of incidents, then
you will need to keep a diary of the incidents as they occur as evidence of the nuisance
that you are experiencing.
When filling in the nuisance diary, make sure that you: Make all diary entries at the time of the alleged incident or immediately afterwards.
These can be read out in court to assist memory. Without these notes, a witness would
have to rely on recollection alone. If an incident took place many months ago or is one
of many, such a note is invaluable.
Please write legibly.
Do not use ditto marks.
Include the date, start and finish time of the barking on each occasion it occurs, and
specify whether it was intermittent or continuous barking. Please note: a diary sheet
informing of dog barking all day or everyday would not be acceptable.
Make sure you only record incidents of noise nuisance on the diary sheet. Incidents of
harassment, verbal abuse, damage to property etc. should not be included on the diary
sheet but should be reported to the Police.
Please state how the nuisance affects you e.g. if you are awoken from sleep and give
any other comments you would like to make.
If anybody else witnesses the noise nuisance, tell us their name and address. Better
still ask them to write down their own account of events on a separate diary sheet or
piece of paper. Make sure they give their name and address, the date and time and
details of the incident and that they sign it. We may wish to contact any witnesses.
The diary sheet should be returned within 2 weeks otherwise we will assume the
problem has been solved.