Barking Dogs

John has written a memo about dogs barking in Port Elizabeth. Here it is:

Barking Dogs in the Nelson Mandela Bay Metropolitan Municipality
Q & A
General comments based on the Noise Control By-Law
Downloaded from the Metro’s Web Page on 10 October 2013
Caution
This Q&A is not legal advice.
Always consult a practicing professional before acting

Summary
The Metro has a by-law dealing with barking dogs. The complaining neighbor can apply to Court and ask that you be ordered to stop the dog barking. The Municipality can also write to you about the barking. Unpleasant consequences may follow if you don’t sort it out – your dog may even be impounded. The interpretation and implementation of the by-law has its challenges.

More Detail

Q:​Is there a Metro By-law dealing with barking dogs?
A:​Yes. See the “Nelson Mandela Bay Metropolitan Municipality: Noise Control By-Law” published in Provincial Gazette Extraordinary 2322 on 24 March 2010 (Local Authority Notice 37).
Q:​Where can I get a copy of the by-law?
A:​Go to this page on Metro’s Web site and download the by-law. Here is the link: http://www.nelsonmandelabay.gov.za/Documents.aspx?cmd=browse&objID=85&catID=15
Q: ​I have had a look at the by-law. It is fairly long and complex.
A:​Yes. Only a small part of it deals with barking dogs.
Q​Is the by-law on the Metro’s Web page up to date?
A:​You or your legal advisor should check with the Metro’s Legal Department.
Q:​I own a dog. My dog barks at night. Could I face a problem?
A:​There is a potential problem. The by-law says you may not allow a dog owned or controlled by you to cause a noise nuisance.
Q: ​What is a noise nuisance?
A:​Good question! There is a definition in the by-law. The definition says that a noise nuisance is “any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person”.
Q: ​Do you think this covers a dog barking at night?
A:​It could. lt would depend on the loudness, duration, time of day or night etc.. The devil is in the detail!
Q: ​You say the by-law talks about a dog owned by me or controlled by me. Why owned or controlled?
A:​Perhaps the by-law wants to cover kennels where the kennel owner is looking after dogs owned by clients?
Q:​A barking dog may be a noise nuisance to one person and not to another. It may disturb or impair the convenience of one person and not another. If the barking dog case goes to court, how is the Court going to decide if the barking is a noise nuisance?
A: ​“With difficulty!” Again, the devil will be in the detail. It will not be an easy decision for the Court. The interpretation must by its nature be subjective. To complicate the interpretation further there is a section of the by-lay that reads:
“In the implementation and enforcement of this by-law, the municipality may take into consideration the realities of the Nelson Mandela Bay Metropolitan area, the different customs, cultures, circumstances, geographical areas ….”
(The section is much longer but you get the idea? The by-law will not be easy to implement and enforce.)
Q:​Let’s say my neighbor is very annoyed about my barking dog. Can my neighbor take the law into his or her own hands?
A: ​No. There is a legal process to be followed. The neighbor must go to Court and get an Order of Court telling you to deal with the barking dog.. If you don’t own the house where you keep your barking dog, the neighbor can ask for an Order against the owner of the house as well as you.
Q:​Is going to Court the only thing a neighbor can do?
A:​No. There is something else. The neighbor can complain to the Municipality. The Municipality can then write to you about the barking and if you don’t do something about it there could be unpleasant circumstances. The dog could even be impounded.
Q:​What is the bottom line?
A:​The law is there but I cannot comment on how it is or will be applied. There may be challenges facing interpretation and implementation.


John Bartels 7 Oct 2013
John Bartels 7 Oct 2013​Page 3