Animal Noise Nuisances

Contents

• About Animal Noise
• Animal Noise Ordinance Provisions
• Standards for Barking Dog Nuisance in Australia - Bark Counting Collars

About Animal Noise

Animal noise ordinance provisions require adequate notice and uniform enforcement. In Spokane v. Fischer, 110 Wn.2d 541 (1988), the Washington Supreme Court held a Spokane ordinance void for vagueness. The ordinance provided that "No owner of a dog or owner or occupant of premises upon which a dog is kept or harbored may allow such a dog to disturb or annoy any other person or neighborhood by frequent or habitual howling, yelping or barking. Whoever harbors such a dog maintains a nuisance." The court held that the ordinance did not provide adequate notice of unlawful conduct or adequate standards to prevent its arbitrary enforcement.

The sample ordinance provisions below provide some degree of specificity. Have your legal counsel review any proposed regulation or model ordinance to see if the provision meets the legal standard. There are several documents from Australia linked below. They involve dog collars that count the number and frequency of a dog’s barking. The documents are provided for your information. We are not aware of any Washington jurisdictions that have used that method.

Animal Noise Ordinance Provisions

• Bainbridge Island Municipal Code Sec. 6.04.060 - Howling and Barking
• Bremerton Municipal Code Ch. 7.15 - Infractions - Animal Noise - Measure: Duration, distance, no. incidents in 7 days
• Clark County Code Ch. 8.11.060(1) - Nuisances - Measure: Duration
• Fircrest Municipal Code Sec. 7.03.030 - Animal Noise - Measure: Number of persons disturbed
• King County Regional Animal Services - Submitting Complaints about Barking Dogs or Other Noisy Animals ()
• Poulsbo Municipal Code Sec. 6.02.030 - Animal Noise - Measure: None
  • Kitsap Humane Society Animal Control Complaint Statement Poulsbo Barking Ledger
• Seattle Annoyed By Excessive Animal Noise?
• Skagit County Code Ch. 7.14 - Public Disturbances - Measure: Volume, frequency, duration, time and location
• Spokane Municipal Code Sec. 10.03.060 - Barking Dog - Measure: distance
• Vancouver Municipal Code Sec. 8.24.130 - Animal Noise Control - Measure: Duration
  • Vancouver Noise Statement Form ()
• Waterville Municipal Code Ch. 6.04 - Animal Noise - Measure: Duration, time of day and distance
• West Richland Municipal Code Ch. 6.08 - Owner Responsibility - Measure - Time of day and distance

Standards for Barking Dog Nuisance in Australia - Bark Counting Collars

• Barking Issues, Australian Veterinary Association, Centre for Companion Animals in the Community
  • Link to Papers on Barking Dog Issue
• Bark Counter: Seeking Objectivity in Bark nuisance Assessment (), by Dr Dick Murray, Veterinarian, Western Suburbs Vet Clinic, & Mr Shane Scriggins, Caloundra City Council, Urban Animal Management Conference Proceedings 2005, Australian Institute of Animal Management Inc.
• Barking Management - Appropriate Noise Standards and Definitive Assessment, Australian Veterinary Association, Centre for Companion Animals in the Community
• Barking Dog SOP, Local Government Association of South Australia
  • Barking Dogs Policy 2.5.04 () (Recommended), Port Augusta, South Australia, City Council, City Management Committee Meeting Agenda (), 06/15/2010 - See Item 6.14 REPA5154, Regulatory Services, New Policies Recommended for Adoption by Council - Includes Guidelines for Using Bark Counting Collar (With co operation of the owner)

Related MRSC Resources

MRSC Index - Animal control, general