Dogs are, along with cats, one of the most popular pets. In contrast to house cats, dogs can cause considerable noise pollution. Legal disputes over barking dogs regularly concern the courts. And many a good neighborhood has already fallen apart because of this. There are precise guidelines as to when and how long a dog is allowed to bark. It's just stupid that the animals don't know about it.
Barking
Barking is a dog's form of communication and is by far the most common vocalization. How pronounced and how long a dog barks depends on the breed and socialization of the animal. According to researchers, there are a total of six reasons why dogs bark in the first place. By far the most common reason is vying for attention. In addition, frustration, joy, fear, nervousness and a perceived threat can trigger barking. The dog reacts instinctively. However, there is also a connection between the upbringing of the animal and the attention it receives from its owner. Humans are the primary recipients of barking.
Problem situation
Loud and frequent dog barking can develop into a significant problem. Neighbors in particular often feel extremely bothered and disturbed in their peace and quiet. It usually doesn't matter whether a dog is only kept in the apartment or is allowed to run around freely in the garden. The potential for annoyance depends on both the volume and the frequency. Conflicts with neighbors arise regularly because dog owners cannot or do not want to stop the constant barking. This is especially true for dogs that are kept outdoors or are allowed to stay in the garden for long periods of time. Feeling disturbed by barking dogs has nothing to do with stuffiness or a lack of love for animals. Loud barking is actually a significant noise nuisance.
Legal situation
Basically, a dog's barking is a so-called noise immission. This means that barking can affect people's physical well-being. There are a number of examples in which constant dog barking has led to extreme sleep disorders or chronic nervous behavior. Courts have therefore already made numerous judgments, including decisions by the highest courts, in which the barking of a dog is considered to be a nuisance. This inevitably results in the person concerned often having a claim for injunctive relief. However, this does not apply to every type of barking.
The following general conditions apply:
- The barking must exceed the local level. Someone who lives in a village in the country inevitably has to endure more barking from dogs than someone who lives in a high-rise building in the big city.
- Barking must generally be avoided during rest periods.
- Short, situation-related barking, for example to greet someone, is also permitted during rest periods.
- Barking more than half an hour a day or barking for more than ten minutes during rest is definitely considered noise nuisance, which can result in a fine for the dog owner.
Paragraph § 906 of the German Civil Code (BGB) is particularly relevant for dealing with barking dogs. There is not a single word mentioned about dog barking. However, it is about emissions that impact the environment. As already mentioned, barking can be seen as a disturbing or even he alth-endangering noise emission. Since there are no explicit legal regulations regarding barking dogs, disputes regularly arise in court. However, the numerous judgments that have since been issued in this context speak for themselves and provide the direction described above. Ultimately, however, it is always the specific individual case that is decisive.
noise pollution
Against this background, it should now be clear that there is no precise information on the subject of barking dogs stipulated by law. The judgments made so far are therefore decisive. Although they do not have general legal validity, they are regularly used by other courts as a kind of guideline. As a general rule, noisy nuisance caused by a barking dog must be avoided. The question now is when it really becomes a noise nuisance. A few examples may clarify this and provide a rough orientation:
Continuous barking
The Higher Regional Court (OLG) Hamm decided in April 1988 that continuous, permanent barking for half an hour a day is unreasonable. In this case, it can clearly be said that noise pollution is not permitted. This must then be turned off by the dog owner. (OLG Hamm, judgment of April 11, 1988, Ref.: 22 U 265/87)
Barking during rest periods
In November 1989, the Hamm Higher Regional Court also decided that dog barking during rest periods, night times, lunchtime and on Sundays and public holidays is unacceptable. In this case, too, the dog owner must ensure that barking does not occur. If he doesn't do this, a fine will be due. (OLG Hamm, judgment of November 16, 1989, Ref.: 22 U 249/89)
Dog barking at intervals
The Bremen District Court (AG) ruled in May 2006 that barking at intervals or “duets” in periods of one to three hours is unreasonable, even if the dog or dogs only bark one to five times barked for minutes. (AG Bremen, judgment of May 5, 2006, Ref.: 7 C 240/2005)
Note: A short bark, which cannot be influenced by the dog owner, must always be accepted. Consequently, this is not a noise nuisance, even if some people can be frightened by it.
Rest times
As already mentioned, rest times play a major role in connection with barking dogs. In these times there should actually be peace. They serve relaxation and silence. A barking dog would be extremely disruptive and undermine the purpose of such times. Rest periods generally include the time between 10 p.m. and 6 a.m. (night quiet) and lunchtime between 12 p.m. and 3 p.m. In addition, Sundays and public holidays are quiet times during which dogs are not allowed to bark.
Tip:
Rest times generally play an important role for garden owners. What you can and cannot do in the garden during rest time is usually regulated by a special statute of the municipality or city in which you live. It is therefore advisable to take a close look at these statutes in order to avoid possible inconveniences.
Reaction to dog barking
Anyone who feels bothered by barking dogs in the neighborhood will of course have to take action sooner or later. A complaint or an action for an injunction should always be the last resort you choose. It is always better to talk to the dog owner and point out the problem to him. In this context, you can of course also address the legal situation and discreetly mention that the barking can be an unacceptable noise nuisance.
The only important thing is that you strive for an amicable agreement, after all, a disturbed neighborly relationship can be stressful for everyone involved. In an apartment building, it may also make sense to inform the landlord about the barking. However, if the dog owner is unwilling or unable to stop his animal's barking, the only solution is to go to court. And this shouldn't be done without a lawyer.
Note:
If the barking persists for a long time, you can and may of course call the police.
Human problem
In most cases, the problem behind excessive barking is less the dog and more the dog owner. Often something has gone wrong in the animal's upbringing or the attitude is simply not right. Therefore, you cannot blame the dog for barking. He follows his nature and his needs. But this also means that the dog owner is responsible for the behavior of their animal up to a certain point. He must ensure that he behaves in such a way that he does not endanger or harass others. However, many dog owners are not even aware of the responsibility they have and the great influence they have on the animal's behavior.
Stop barking
Dogs that bark a lot and persistently can of course be stopped from this behavior - regardless of the breed and age of the animal. There are very specific tricks and training methods that always lead to a change in behavior. Of course, coercion or even violence must not play a role. They don't do anything, but rather make the situation worse. It's best to get advice from dog experts, which you can find in dog schools, for example. Very often, targeted work with the dog not only leads to him stopping excessive barking, but also to a closer, more intense relationship between owner and animal.
