Can you sue your neighbor for their barking dog in Ohio? Who does the law protect?
If your neighbor’s dog barks incessantly, they may be in violation of local ordinances concerning noise nuisances.
The Ohio Revised Code allows counties, townships and municipalities to adopt and enforce their own resolutions to control dogs within their jurisdictions. It’s best to check with your local government if you live outside of Youngstown or Mahoning County or if you’re unsure if you have grounds for action.
Try a little diplomacy first
Before you escalate matters to the authorities, it’s advisable to try to speak to your neighbor to keep the peace. They may not understand the extent to which their dog is becoming a nuisance and may be willing to remedy the situation without involving law enforcement.
If the dog’s barking becomes a problem, you have recourse.
First, you should document the issue with a detailed log of barking incidents that includes dates, times, and duration. Audio and video evidence are convenient for this matter and could be valuable if you decide to file a formal complaint.
Review the local ordinances
The city of Youngstown has a specific ordinance about barking dogs, that prohibits keeping any dog which “disturbs the quiet enjoyment by other persons of any area administered by the division by incessant barking, whining, howling, crying or other incessant sharp, abrupt outcries, or other means.”
The Township of Boardman has specific regulations for barking that persists, although exceptions can be made in the case of an intruder or impending danger.
- For longer than five minutes between 8 p.m. and 8 a.m.
- For longer than 10 minutes between 8 a.m. and 8 p.m.
The office of the Dog Warden will be your best resource when reporting animal behavior that has become bothersome.
Call 330-740-2205 or Fax 330-792-2755 during office hours Monday, Wednesday and Friday from 8 a.m. to 4:30 p.m.; Tuesday and Thursday from 8 a.m. to 5:30 p.m.; and Saturday from 9 a.m. to 12 p.m.
Email the department at DogWarden@mahoningcountygovoh.gov.
You can also contact Mahoning County Animal Services for a wide variety of animal complaints at 330-549-1111.
Pursue Legal Action
While it is always best to try to resolve matters with your neighbor directly, it may not always be possible. You can file a nuisance suit in small claims court claiming the owner failed to keep the dog under control and this includes “preventing behaviors that may disturb others, such as excessive barking.”
A small claims suit is filed in the Municipal Court in most Ohio counties and can sometimes result in monetary compensation, but not much else. A judge can’t issue an injunction to stop the dog’s barking, but punitive damages might force your neighbor to take action.
If you suspect an animal is being abused or is in danger, contact the authorities immediately. The responding agency is required to investigate reports of animal cruelty.