Barking is not uncommon behavior in dogs, but owners could expect an unlimited fine if they don’t take steps to prevent it excessively.
If you don’t prevent your pup from doing this, it may actually be a violation of the law.
According to the provisions of Environmental Protection Act 1990, any noise emitted from premises that is likely to harm a person’s health or impair the enjoyment of their property can be regarded as “legal nuisance”.
This contains ‘any animal that is kept in a location or in a manner that is harmful or a nuisance ‘- or, as a government Orientation aid on noise nuisance declared ‘barking dogs’.
Local authorities have a duty to investigate noise complaints from residents and take formal action if necessary, with dog owners potentially facing an unlimited fine if they land in a local court.
In fact, a dog owner was from Southam near Stratford-Upon-Avon in Warwickshire fined a total of £ 9,304 in January 2020.
According to the Environmental Protection Act, dog owners who do not prevent their pet from making noise are liable in the event of a summary conviction with a fine up to level 5 on the standard scale ‘, as well as ‘ aanother fine … for each day the crime continues ‘.
A Level 5 violation on the Standard Scale was previously capped at £ 5,000 but is now subject to an unlimited fine.
A spokesman for DEFRA (Department for Environment, Food and Rural Affairs) previously stated Team dogs : “For crimes committed after March 13, 2015, Level 5 has been abolished and all criminal penalties that are a summary conviction of a maximum of £ 5,000 or more or a Level 5 penalty are now punishable by a fine of any amount (ie unlimited).
“That is a result of Section 85 of the Legal Assistance, Conviction and Punishment of Offenders Act 2012. ”
In most cases, however, this stage is unlikely to be reached.
In the official procedure, the responsible municipality must first agree that there is legal harassment or that it will occur in the future.
Factors that are likely to be considered in a community’s assessment of noise nuisance are the volume and duration of the barking, and the time of day the barking occurs.
If they agree, then the council becomes one Reduction notice within seven days and asks whoever is responsible for the dog to stop or limit the barking.
Failure to comply with this notice is punishable, so that if the barking continues, the person responsible for the dog can be prosecuted in a local court.
In the event of a conviction for violating the reduction notice, the offender can then be sentenced to pay a fine set by the court.
According to the government Orientation aid On how councils deal with complaints about noise nuisance, local authorities can take steps to stop or limit the nuisance, including by applying for an injunction from the High Court.
Additionally, individuals can take private action against dog owners whose resident canines are bothering them.
However, owners can appeal against noise abatement within 21 days of delivery.
Common reasons for excessive dog barking include being left home alone for too long, wanting attention, or feeling concerned.