Legal Question in Civil Litigation in Virginia

Nuisance Barking

HI, I live in a Town House, in Prince William County, VA. I own 3 10 pound Miniature pinchers. Live in an end unit. with fenced in yard and doggie door so dogs can exit and enter house at their own will to fenced yard. I received a warning from Prince William county animal warden for excessive barking based on two people complainingdogs were barking when i was at work. She stated if two more complaints occurred I would be charged.The code states no parameters for excessive barking duration of time. The dogs are normal dogs, they bark for five minutes when the see other dogs being walked or when someone rings doorbell etc. The are basically couch potatoes. How can I be charged with a class 2 misdemeanor for such. How can I defend the fact that in a townhouse community where there are a large number of animal barking and high pedestrian traffic that this is considered tolerable and usual barking and is not Nuisance barking. What chance do I have of legally defending my animals rights to be in and out of yard barking minimally like most dogs do.


Asked on 3/22/05, 5:16 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Nuisance Barking

I also live in an end unit townhouse with a dog and a rear fenced yard and a doggie door. It seems to me that, if the code doesn't mention specific noise levels (measured in dBA) and times of day, then the ordinance is void for vagueness as a law must give people reasonable notice of what is prohibited. It seems to me that the mere subjective opinions of some neighbors that they consider the barking to be "excessive" should be an unconstitutional standard. But I have not looked up whether there are any Virginia court decisions on the subject.

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Answered on 3/22/05, 6:29 pm


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