Dog barking: nuisance?
Article R 1336-5 of the Public Health Act provides that no particular noise by its duration, its repetition or its intensity may affect the tranquility of the neighborhood or human health, in a public or private place. It also clarifies that it does not matter whether the noise is caused by a person himself, through a person’s intervention, by an item in his care or even by an animal under his responsibility. To denote these genes, we are talking about behavioral noise.
The barking of a dog thus generates a disorder that is recognized by law and can therefore be sanctioned. It is sufficient that these are persistent, repetitive or intense, where one of the three situations is sufficient to characterize the tumult situation. In this case, we are also talking about abnormal neighborhood disturbances.
Noise pollution: what to do?
This tumult can be daily, taking place during the day or at night at night, which further aggravates the situation. At night, the mere barking of the dog is enough to create a disturbance without characterization of duration, repetition or intensity.
Good to know : There are no specific times to define the nocturnal noise: it takes place when it is dark, between sunset and sunrise. There is only one condition: the author of the nocturnal tumult must be aware of the problems it creates and not take measures to remedy it. Therefore, the noise at night is necessarily deliberate.
Talk to that neighbor first: maybe he is not even aware of the nuisances when his dog barks during his absence. If he is hard to meet, do not hesitate to throw him a note in his mailbox and wait a few days to see his reaction.
If you are the owner and your neighbor lives in the same condominium, you can contact the curator so that he can follow you in your steps. The co-ownership provisions usually contain provisions against this type of problem. If the neighbor in question is a tenant, you must also contact their landlord.
If your steps unfortunately remain unsuccessful, consider the litigation phase. First of all, it is necessary to note the disorder in some way. The easiest way is to call the police or the gendarmerie closest to your home. Thus, a report can be prepared by the agents, which notes the situation. You can also call in a bailiff who will prepare an official document that you can use in court to prove the problem, but beware, this service will be taxable.
Noisy neighbor: which resort?
Dog barking: what sanctions?
There are two ways to get this disorder sanctioned.
First of all, after the passage of the police officers, the owner of the dog can receive a third-class violation, for which the fine to be paid will be a maximum of 450 euros. It will generally be much lower at first sight and reduced in case of immediate payment (from 68 to 180 euros). In the event of repetition, new fines are possible, and the owner of the dog may end up being summoned to the police court to put an end to the disorder.
The civil road is also open: you can go to the local court or tribunal to claim compensation. The judge may also prescribe measures to bring the disturbance to an end. It will be necessary to bring an action before the competent court in the place where you have your residence.
Good to know : the decision of the competent court is made according to the size of the claim (lower or higher than 10,000 euros). in all cases, an attempt at mediation by the mediator attached to the court is mandatory. To the extent that the reality of the damage suffered must be proven, a complete file must be prepared to certify the disorder.
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