The sensible thing to do is to chat to
your neighbour, over a cup of tea, and explain that the dog is preventing your
baby from sleeping (or whatever) and ask him or her to do the neighbourly
thing. One solution (if the neighbour works all day and the dog is bored or
afraid) is to fit a cold air spray bark collar. All vets sell these devices and
they are not at all cruel. Perhaps the dog needs to see an animal behaviourist?
He or she will see why the dog barks excessively (lack of exercise, lack of
stimulation, separation anxiety, protecting territory, etc.) and recommend a
solution.
If that does not help or if the
neighbour is indifferent or defensive (and refuses to make the nuisance go
away) you should report the matter to the authorities (the local authority and,
perhaps the SPCA) and, that failing, contact your lawyer, who will have to send
a threatening letter or even go to court for an interdict.
Disciplinary
procedures vary from district to district. If you go the reporting or legal
route, you will start a feud, so, wherever possible, try and settle matters
amicably.
In Johannesburg, Section 5(a) of the City of Johannesburg
Metropolitan Municipality’s by-laws relating to dogs and cats (Prohibitions
relating to the keeping of dogs) provides that no person may keep a dog which
barks, whimpers or howls to such an extent that it, or has another habit which,
causes a disturbance or nuisance to inhabitants of the neighbourhood.
Call 011 375 5911 and log a call of “disturbance of the
peace”. The authorities will satisfy themselves that the barking is
indeed intolerable and issue a warning notice to the dog’s owner to cease and
desist (requiring the discontinuance of such offence). Failure to comply could
result in the dog being impounded.
The SA Noise Control Regulations
provide that no person shall:
·
make, produce or cause a disturbing
noise, or allow it to be made, produced or caused by any person, animal,
machine, device or apparatus or any combination thereof;
·
operate or play, or allow to be
operated or played, a radio, television set, drums, musical instrument, sound
amplifier, loudspeaker system or similar device producing, reproducing or
amplifying sound so as to cause a noise nuisance;
·
offer any article for sale by shouting,
ringing a bell or making other sounds or by allowing shouting, the ringing of a
bell or the making of other sounds in a manner which may cause a noise
nuisance;
·
allow an animal owned or controlled by
him or her to cause a noise nuisance.
If a noise emanating from a building,
premises, etc., is a disturbing noise or noise nuisance, the authorities may
instruct in writing the person causing such noise to discontinue or cause to be
discontinued such noise within a period stipulated in the instruction. Failing
response (in the case of e.g. power tools, musical instruments or animal) the
instrument, equipment or animal can be confiscated, or impounded.
Any person who contravenes or fails to
comply with a written notice shall be guilty of an offence and liable on
conviction to a fine not exceeding R20 000 or to imprisonment for a period not
exceeding two years, or to both such fine and such imprisonment. In the case of
confiscated items, the court may declare any vehicle, power tool, musical
instrument or equipment, or animal forfeit to the local authority.
