Dog Barking Law

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Latest post Mon, Jun 9 2008 10:02 AM by babydoll3. 15 replies.
  • Mon, Jun 2 2008 12:50 PM

    Dog Barking Law

    Does anyone have any information about dog barking laws in the stae of Mississippi?

    My neighbor has complained that my dog is barking at him during the day time while he is working in his back yard. His back yard is right next to mine. My dog generally barks to alert me that someone or something is near my gate.

    I ensure that my dog is inside during the evening hours of the day, generally from 5:30 pm. to 7:30 a.m. the next morning (except brief potty breaks)

    I can not leave my dog in my house while I am away at work. Does anyone have advise? I called the sheriff's department in my county and they say that there is no noise ordinance against a barking dog. Not sure what else to do or if I have rights to let my dog run around in a yard that I own.
  • Mon, Jun 2 2008 1:11 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Question [=?] re: Dog Barking Law

    Why can't you leave your dog in the house during the day?
  • Mon, Jun 2 2008 1:57 PM In reply to

    re: Dog Barking Law

    I do not trust my dog to be left alone in my house for 9 hours. There is a strong possibility that he will distroy my home.

    Although he is house broken, I see no point in making him "hold it" all day when he has a perfectly nice yard out back.

    I lived in an apartment with my dog before I purchased my current home. I had to keep him locked up in a kennel all day (9 hours plus) and it was a mess to clean.

    I work 30 minutes away so going home daily to let him out is not an option. My purpose of buying a home with a yard was so that he could run free in a fenced yard on my proprerty and "go" whenever he wanted to. So staying in my home all day unsupervised is not an option.
  • Mon, Jun 2 2008 4:17 PM In reply to

    re: Dog Barking Law

    No one from MS follows these boards.

    If your dog barks uncontrolably just because your neighbor is out in his backyard (regardless of the time of day), then I submit that the dog is a nuisance and that it is incumbent on you to train your dog properly. Yes, you have the right to let your dog run around in your backyard, but that doesn't also mean you have the right to disturb your neighbor's quiet enjoyment of his property. And I'm not sure why you can't have your dog inside (in an appropriate crate if need be). People do it all the time.

    Just because there's no noise ordinance doesn't mean you can't get slapped with a nuisance lawsuit.
  • Mon, Jun 2 2008 4:58 PM In reply to


    Feedback [*=*] re: Dog Barking Law

    If there's such a noise ordinance, it's likely local to your city/county. Have you tried introducing your neighbor and the dog to each other? Give the guy a few biscuits to toss over the fence to him? My neighbor's dogs bark but once they got to know me and my family and we gave them a few treats, they stopped barking at us.
  • Mon, Jun 2 2008 5:39 PM In reply to

    re: Dog Barking Law

    There's no way you keep a dog cooped up in the house for 9 hours when you have a house with a back yard.

    But I do agree that a barking dog can be a real nuisance and it's the owner's responsibility to make sure the neighbor isn't disturbed by the barking.

    I agree that the dog and the neighbor should get acquainted and that might stop it.

    Unfortunately, some dogs are just noisy little yappers all the time for no reason at all.

    In that case, the solution may have to be one of those no-bark dog collars.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Jun 3 2008 10:55 AM In reply to

    re: Dog Barking Law

    Thanks for your comment but just an fyi, people from mississippi do follow this site.

    I have contacted the divison of animal control and was advised that I am well within MY rights to have MY dog in MY yard at any time regardess of the time of day. He can bark as he wishes. I can not be "slapped" with a fine as you say simply because he is barking. Now if I had 30 dogs that would be different.

    He does not bark "uncontrollably" as you say but he WILL bark if someone is near my fence and I will NOT train him otherwise as this is for my protection and safety to alert me of oncoming danger.

    My dog can and will bark as he wishes just and I will not leave him in my home in a crate simply because "people do it all the time." That is their business but I will not. I needed legal advise not your personal opinon about why my dog is not in the house.

    Thank you so much for your comment though. I decided to do my own research while I waited for a response from this site. Got all the answers I need.

    Thanks a lot. Be blessed.
  • Tue, Jun 3 2008 11:05 AM In reply to

    re: Dog Barking Law

    Thank you so much for that information. Your comment was so much more informativie and appropriate than the previous post.

    I never thought about doing that but I will defiindetly try that. I called the my local and county for more info and basically my dog can bark when he wants. Thats what dog do according to them. If I had 30 dogs barking I may have some decisions to make. LOL.

    There is no noise ordinece but there is a disturbing the peace law. The only way I could be fined for that is if my dog barked without a trigger. If there is a trigger involved it is not considered excessive or "uncontrollable."

    But out of respect for my neighbors I plan to make every effort to bring my dog inside at night as I have always done for the fast 3 years. It would be beneficial to try your suggestion. Thanks again.
  • Tue, Jun 3 2008 11:10 AM In reply to

    re: Dog Barking Law

    Thank you so much. I totally agree with you. I would NEVER leave my dog cooped up for 9 hours in a crate or in my home as suggested by others. That is is crazy especially since I pay a mortage for a yard.

    My dog is a pretty friendly dog so I think if I try to introduce my neighbor things will be ok. My neighbor has a habit of standing on top of his camper overlooking my fence. This causes my dog to bark. I have asked if he could move the camper to the otherside of his home so that my dog can not see him. But we will see how the introduction goes. Thank you so much for your help. I appreciate it.
  • Tue, Jun 3 2008 11:59 AM In reply to

    News [|*|] re: Dog Barking Law

    "people from mississippi do follow this site."

    OK...no one (including no lawyers) from MS posts here with any regularity.

    "He can bark as he wishes. I can not be "slapped" with a fine as you say simply because he is barking."

    If you're going to be argmentative, I suggest you at least pay attention to what I say. I didn't say you could be slapped with a fine. I said you could be slapped with a nuisance lawsuit. And the opinion of some non-lawyer with animal control will have no relevance if that happens. Yes, you're entitled to have your dog in your yard, but your right to do so is NOT superior to your neighbor's right not to endure a barking dog for nine hours a day every day.

    But you're free to believe what you want and not do anything about the situation. Just don't be surprised if your neighbor introduces your dog to his friend, Mr. Hershey Bar.
  • Tue, Jun 3 2008 1:32 PM In reply to

    re: Dog Barking Law

    Then YOU need to make your self more specific. People from Mississippi don't post here 'REUGULARLY" That being the key word so be more specific when you leave such comments.

    Perhaps YOU need to read my post more carfully and YOU need to pay more attention. I am breaking no laws so there is not much that can or will be done about my dog barking. He will bark when he wants. Thank you.

    The issue is resolved without your advice so you can keep it now and in the furture.

    Not sure what you meant about Mr. Hershey Bar but it sounds stupid and childish so I wont go there.

    I dont give a hoot if they are non-law professionals or not. They run the show in my county and you dont Some lawyers proove to be as uneducated as they sound.
  • Tue, Jun 3 2008 1:42 PM In reply to

    re: Dog Barking Law

    And at this point the opinion of a non-lawyer appears better and more useful than yours. So you can save your comments.

    I have already researched the law in MISSISSIPPI and I have all the answers that I need. I am breaking no law and I will continue to have my dog outside whenever I want him there and he will bark when he wants to. There will be no law suite.

    OUR law states Mr. Law professional that my dog's barking would have to be considered EXCESSIVE in order to be a nuisance. AND according to this excessive mean "JUST BECAUSE" if you want to put it in non-lawyer terms. Thus if someone is standing over MY fence that is a trigger for him to bark which disqualifies it as EXCESSIVE.

    Now, I thanked you for your comment. I dont need any future ones from you especially if YOU want to become argumentitive. I thank you in advance.

    Thank you again. Be blessed.
  • Tue, Jun 3 2008 1:47 PM In reply to

    re: Dog Barking Law

    And just for your information I called the COUNTY SHERIFF DEPT who deals with animal control and situations such as mine NOT ANIMAL CONTROL. These are the same NON-LAWYERS who would come to my home to serve this IMAGINARY LAW SUITE.

    TOO FUNNY!!

    Maybe YOU need to pay more attention.
  • Tue, Jun 3 2008 1:54 PM In reply to

    re: Dog Barking Law

    "you're entitled to have your dog in your yard, but your right to do so is NOT superior to your neighbor's right not to endure a barking dog for nine hours a day every day."

    Never said he barked for 9 hours a day everyday. You are suppose to be a smart person right?? We all know that that is IMPOSSIBLE.

    That was your ASSUPTION that he barked for 9 hours a day all day everyday and we all know what that makes. Guess you are just practicing what you know best by putting words in my mouth. Your comments are rude and harsh and you make people not want to visit this site for fear of getting into an ongoing debate. BUT I am not one of those people.

    I said I WILL NOT leave him at home for 9 hours a day. You really should pay more attention. I do not plan initiate continued debate on this issue. I have my answers. So thank you again.
  • Tue, Jun 3 2008 4:13 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    Disagree [)*(] Public nuisance . . .

    is entirely different than some statute or ordinance that the government would enforce. Every state has provisions for such suits. It's a civil action, and police officers are horrible sources for information on civil law.
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