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Wednesday, January 22, 2014

Sussex Says Let State Handle Barking Dogs

It's 2 a.m. and the neighbor's dog won't stop barking. Who are you going to call? Sussex County Council says call Delaware State Police or Delaware Department of Natural Resources and Environmental Control; it's their job to respond because the state has jurisdiction over noise complaints.

By a 3-2 vote at its Jan. 21 meeting, council defeated a proposal to provide regulations and enforcement to deal with nuisance barking dogs in unincorporated areas of the county. The vote ended months of debate over the issue.

Council President Mike Vincent, R-Seaford, said the ordinance was not necessary because state law already protects residents from noisy animals, including barking dogs. Under the Delaware Noise Control Act, law enforcement officers – including Delaware State Police – can issue citations to owners with dogs who bark constantly for 10 minutes or intermittently for a half hour. Animal noise is only one section of the law that covers how much noise can emanate from radios and TV sets to loading and construction to power tools, vehicles and motorcycles. DNREC is charged with administration of the law.
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5 comments:

Anonymous said...

I am glad to see this post. We live between Laurel and Bethel DE. I do not have a barking dog problem but a loud stereo problem with the next door neighbor. I do not mind loud music as I am a metal head but I do not play it loudly to disturb the neighbors, I only play it loud in my car. However, when I can hear their music (sub woofer) inside of my house with the windows and door closed, it is too loud. We have 7 acres and they have 7 acres. Our home was built before theirs. Instead of building their home in another part of their acreage, it was built less than 1 acre away. We bought 7 acres of land to get away from people and noise so that we could enjoy the wildlife and solitude of living in the woods. It is a pain in the ass to go outside to tend the garden whilst having to listen to their LOUD Rap, Country and Middle Eastern music. I let them know I did not appreciate their loud music but they still play it loudly at least once a week. My next resort will be to call the DE State Police. Hopefully I won't get blown off like the some of the ones that commented on the article.

Anonymous said...

I got news for DE. Their law is too broad about barking dogs as is most other states. A higher court (can't remember where) just recently ruled that some dogs and their barking are covered under the Right to Farm Act. Example being a dog who barks at deer could be exempt as he is preventing the deer from eating the crops, or one that barks at predators around a live stock operation is protecting the flock.
Barking can and is being treated as noise necessary for a farmer to farm in some cases.

Anonymous said...

I had a neighbor whose dog was barking steady while tied out all night, so at 1:00 a.m. I dialed him up. It took a long time to rouse him, but ha finally answered. I said, Hi! I'm awake, and your dog is up, and now you're up, too! So, what's to talk about? How 'bout this great weather we're having? Isn't it great? I personally don't mind the occasional storm or two.....

The more he hung up, the more I called back and kept going on about weather! Pretty soon I heard him out in his porch yelling at the dog to stfu and he took the dog inside! Silence...

LOL!

Anonymous said...

Does Eden, MD have a similar noise complaint law? My neighbors have 3 boxer dogs who are outside 24/7 barking majority of the time unless I am yelling out my window at 2130 hours since my 2 year old needs to sleep. Common courtesy is not taught these days or people just dont care?

Anonymous said...

Same goes for the city of bury.
We are surrounded by neighbors with those dog lawn ornaments that bark 24/7.
We have asked them to make it stop, we have asked animal control to make it stop. Nothing gets done. Ever.
I have it in stereo. One in front of me, 3 behind me.
Out in the cold, frozen or no water, every single day.