Dog Barking Right, Sara Astrino (Lawyer, Advocacy Consultant): Is It Really There?

If you live in a condominium or even a house with a garden, it is often the case that quarrels between neighbors are caused by the barking of dogs. Owners claim, barking dog rights. Neighbors say the barking disturbs the peace. Both have been sentenced by the Court of Cassation.

Who is right?

Either or, from a different perspective, no.

Contrary to this jurisprudence, however, it has been possible to identify the constants which, over time, have become a kind of vademecum, guidelines.

Which is valid and which is not?

In short, the dog has the right to bark, especially when it perceives a danger, but it must respect the provisions of the industry. 844 cc

The Court of Cassation has never clarified the matter and over time there have been various contradictory statements.

Basically, dog barking should not exceed normal tolerance to avoid conflict. Which varies according to time and context.

Noise above 5 decibels is considered “invalid” from 6.00 am to 22.00 am, whereas no more than 3 decibels at night is considered “invalid”. It should be noted that factors such as the background noise of the surrounding road, the stubbornness of the words and their unpredictability are also included in the assessment of tolerance. That is, the same sound, barking, will be considered annoying if you live in the countryside and you do not hear any other sound. However, if there is a busy street or a bar and / or a nightclub in the context, it can not be considered boring.

When can we talk about disturbing the peace of the people?

When a dog barks and barks, so does not only the neighbors, but also other apartment buildings. The penalty is imprisonment for up to three months and a fine of up to 309 euros. This is a crime that can be prosecuted ex-officio, for which a report or complaint from a neighbor will suffice.

Can they take the dog?

Yes, but only if certain conditions are met. The police will be able to intervene and arrange for seizures in case of recurrence of the crime. The dog can be abducted if it can be confirmed that its barking depends on the state of abandonment or when it is being mistreated.

When is barking a mere crime?
While, as can be easily guessed, noise only annoys some people. In this case, it will not be possible to proceed with the complaint, but only through a lawyer and appeal to the court. And the judge can order the owner to make the apartment soundproof.

How do you know if your dog is barking and barking too much?

The answer comes to us from the third criminal division of the court.

Which confirms that not interfering with your dog is a crime that causes excessive barking, annoying neighbors. Judges, with reference to the understanding of the evidence, have established that there is no need for an expert opinion or any technical evaluation, but that the testimony of witnesses is sufficient, capable of reporting the features and effects of perceived sound. May be recognized on the basis of declaration of liability. Which, of course, made the video an overnight sensation.

Is the responsibility of the master based on ideals?

It is founded by art. 2052 cc, damage caused by an animal. The owner is always responsible for any damage caused by the animal. The type of damage does not matter because the owner will be called to answer both when they are concrete and when, on the other hand, they affect the sphere of obscure sensitivity of other people.

The most relevant jurisprudence in this regard

In recent years, animal protection regulations have multiplied (remember our article on animal protection: + domestici + affidamento + nella + separazione_33181.php).

The first sentence in this regard is Justice of the Peace of Roverator (sentence of 11.8.2006) who established the barking dog as “right to exist”.

The anti-bark collar, therefore, should be considered as an instrument that harms the rights of these animals.

This was followed by a Lanciano court sentence which reiterated that “barking” is a sacred right of a dog, especially when it helps a person to protect his property “(Trib. Lanciano, 2012).

Criminal Cassation, Punishment n. 715/2011, noting that dog owners who do not resist “annoying barking at night” are responsible for the crime of disturbing the peace of the public. This is true even if there is no clear motive for the aforementioned disruption.

Finally, the sentence, n. Court of Cassation 715/2010 which recalls how a dog owner should avoid harassing neighbors in order to avoid being charged and punished for offenses committed by the industry. 659 of the Criminal Code. Disruption of occupation or human rest

Sarah Astorino, lawyer, aduk consultant

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