Nuisance Barking

Question
Hi Kristen,

I have 2 shelties who bark outside when we play ball with them.  They are rarely left outside except when they go out to do their business or if they are playing with us.  I am unable to find any information on nuisance barking in Anne Arundel County, Maryland.  In fact, the animal control law states the following according to Article 12:  "It is unlawful for a person who owns, keeps, or has possession of an animal to permit the animal to disturb the quiet of a person or neighborhood."  
One of our neighbors filed a compaint and we have been summoned to court over this ridiculous issue of playing ball in the middle of an afternoon which made the dogs bark.  What are our rights?  I am extremely upset because my dogs are not barkers but I have been told by animal control that basically I don't have any rights and if someones complains that the dog barks once and disturbs them.....then that's it!  Yet, I can find nothing in writing that gives any kind of timeline to protect the pet owner.

Thanks for your help!  

Answer
Barb, I'm SO sorry you're going through this. Unfortunately, there are many people like your neighbors. You are certainly not alone there. Most likely, if you go to court and explain that you were outside playing with your dogs in the middle of the afternoon, for x amount of time and then you went back inside, the case will probably be dismissed. In many places, there is a noise ordinance that goes into effect after dark (here it's 10:00pm) and ends at dawn (I think it's 6:00am here). If your dogs were barking during that time frame, then you could get a citation, but anytime after 6:00am and before 10:00pm, there's nothing that can be done.

If you go to court, take along some fact sheets about Shetland sheepdogs. They are, by nature, barky dogs. That is how they do the work they were originally created for (herding), just like collies. Make it clear that your dogs do not bark at any other time, and offer to compromise with your neighbor. Is he/she a nighttime worker that sleeps during the day? If so, maybe offer to play with the dogs early in the morning or later in the evening, or to take them to the park to play with them during the day. As long as you make an effort to try and resolve the problem, it's going to look good to the judge.

I would recommend calling your local law enforcement agency (not animal control) and just asking if there is any kind of noise ordinance in place, and ask if you can either go down and pick up a copy of that ordinance, or have one faxed or mailed to you. That would be the easiest way to find out if there is such a thing, and have it to present to the judge.


Honestly, I don't think you have much of anything to worry about, as long as you have all of your facts straight, copies of laws pertaining to the case, and maintain a positive attitude and try to offer suggestions for compromise.

I wish you good luck and please let me know how it goes!

Kristen