New Hampshire  |  Criminal Law

Legal Question

Asked on: 8/24/13, 8:45 am

The dogs boarding at a local kennel bark uncontrollably 3 times a day, 7 days a week and are driving me crazy. The relevant local ordinances, adapted from NH RSA's are:

4.04.030 Dogs a Nuisance, a Menace or Vicious:

2. Nuisance Offense - If it barks for sustained periods of more than 1/2 hour, or during the night hours so as to disturb the peace and quiet of a neighborhood or area.

-and-

9. Notwithstanding NH RSA 466:31-a, if a law enforcement officer does not witness the nuisance behavior, the name of the complainant may be released as public information before any fine under NH RSA 466:31-a shall be levied.

The penalties are: $25 first offense, $100 second offense and then they must appear in court thereafter.

Here is my question.

I have complained to the Police on several occasions. They have gone to the kennel to warn them of the consequences. The kennel claims that the dogs are only let out for less than one half hour and do not bark for more than 30 minutes.

The Police have told me they must witness the dogs barking for more than 30 minutes before they can issue a citation ... but ... they also say they will not go and sit there and watch them ... therefore, they cannot issue a citation.

I feel completely helpless. I am severely disabled. These dogs keep me from being able to sleep, or sit outside on my porch or even have friends over for a BBQ outside. The dogs go into an absolute barking frenzy, sometimes for several hours at a time.

Isn't there something I can do to get this to stop .. or force the police to do something about this? Do they in fact have to witness it or is my testimony enough to cause them to write a citation?

Thank you in advance. I am desperate for help.

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