Legal Question in Civil Litigation in Kentucky

Re: neibor

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Does your town or county have a "barking dog" ordinance?

2. Do you live in an urban or a rural area?

Generally speaking, rural areas do not have any legal restrictions on animal noises. This is because the houses are usually far apart, and, as one court said: "Dogs and barking have been intimately connected since a time whence the memory of man runneth not to the contrary."

In urban areas, on the other hand, people live in close proximity to one another, and pet noises can become a nuisance. Many cities and towns have enacted laws to restrict the "loud, continuous, and untimely barking" of dogs.

The following suggestions might be helpful:

1. Tape record your neighbor's dog when he barks, and indicate on the tape the time of day and the duration of the barking.

2. Speak to your neighbor, and explain to him that his dog's barking is interfering with your quiet enjoyment of your property. Give him a chance to correct the problem.

3. If this doesn't work, inquire at your local law enforcement agency (police / sheriff) as to whether there is a law which gives them jurisdiction. If so, the police may give your neighbor a warning, but they will usually suggest that you go to the District Court Clerk's office to request a warrant for your neighbor. Then, when your neighbor is summoned to court, you will be notified and will be able to play the tape recording for the Judge to decide if the dog's barking violates your local law.

4. If all else fails, you can file a civil lawsuit in Circuit Court, demanding an injunction against your neighbor for nuisance abatement. You can also demand monetary payment for damages sustained by you because of interference with your peace and tranquility. This is a drastic measure, can be expensive and time consuming, and should be viewed as a last resort.

Remember: Taking legal action against your neighbor because of his dog (which he loves and you detest) will probably result in your losing a friend.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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