What are the rules concerning barking dogs in france?
What are the rules concerning barking dogs in france?"
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REPETITIVE NOISES SUCH AS BARKING DOGS CAN LEAD TO FINES – EVEN IF THEY HAPPEN DURING THE DAY There can be few noises more piercing to a quiet countryside vista than the incessant barking of
a dog. If you are the owner of the animal in question you face not only the embarrassment of knowing your pet is probably annoying everyone in the vicinity but also the risk of a fine or
court case. Loud, consistent noises – be they from an animal, machinery, or any other object or activity – are regulated under France’s public health code. Article R1336-5 states that “no
particular sound must, by its duration, repetition or intensity, cause harm or break the neighbourhood’s peacefulness or disturb a person’s well-being in a public or a private area.” This
is the case “whether the noise comes from someone, someone’s behaviour, an object or an animal under its supervision.” BARKING COUNTS AS NOISE POLLUTION Generally, this rule is in place
between 07:00 and 22:00. In the evening hours there are separate rules on loud noises that come into force. There are no strict, calculable definitions of noise level or intensity (in terms
of decibel recordings, length of time noise is made etc), as these are for interpretation, however common sense applies in deciding as neighbour or dog-owner, if the noise counts as a
disturbance. What counts as a nuisance is also ultimately a decision of the local authorities such as the mairie – which can impose strict regulations in their commune on noise – and
police/local justice officials who can visit and assess the disturbance on behalf of a plaintiff (see below for more information). The fine for a dog owner if found guilty is €68, rising to
€180 if the fine is not paid within 45 days. Repeated infractions may also result in additional costs, and if the case is taken to court, may result in additional fees or penalties for the
dog owner. Read more: Noisy neighbours: France’s most outlandish and notorious disputes NIGHT TIME RULES Rules are stricter during the overnight period (22:00 to 07:00). There is no
requirement for noises to be loud or repetitive – any noise during this period counts as a disturbance as Article R. 623-2 of the French Penal Code states. Whilst neighbours might be
lenient towards a single loud bark, it could still in theory be classed as justification for a complaint. Fines are the same as for day-time infractions €68, rising to €180. AMICABLE
SOLUTION IS FIRST STEP If you are troubled by an incessantly-barking dog or any loud noise that fits the above criteria there are steps you can take. The first is to attempt to resolve the
situation amicably by talking to your neighbour. If the noise is taking place during the day – for example when they are at work – they may be unaware of the issue and try to remedy it. If
this fails, you still have one more step before getting the authorities involved, which is to send a recorded letter to your neighbour outlining the issue and quoting the legal codes
mentioned above, asking your neighbour to stop the noise. This can also be used as evidence to prove that you have attempted an amicable dispute, if you need to take further action. As the
letter is recorded (recommandée avec accusé de réception) you have proof they received it. If you live in an urban area or shared building, you can also speak to the guardian or syndic to
seek an amicable solution. TURN TO BAILIFFS BEFORE POLICE The first ‘legal’ step after these methods fail is to approach a conciliateur de justice, an impartial advisor who will attempt to
find an amicable solution. Turning to a bailiff is the first step, and a prerequisite for further action. They can visit the property of both neighbours to assess the noise. The next step
is to call the police (either local officers or gendarmerie) who can also visit the property. Do not call the emergency services but your local station, the number for which you will be able
to find online. If the police witness the noise in action, they can issue a fine on the spot, as well as issue a formal warning to the owner to stop the noise. If they hear it again after
writing this notice, they can issue another fine and even confiscate an animal. Read more: Explained: How to settle disputes without going to court in France TAKING THE MATTER TO COURT
Finally, in extreme cases the matter can be referred to the local courts. For this however, a wealth of evidence is required, including at minimum a report from a local bailiff that the
issue could not be resolved amicably. A police report as well as a medical report from a doctor stating the noise is having a negative impact on your health will strengthen your case. If
the court rules in your favour sentences can include damages being paid from (in this case) a dog owner, as well as the potential forced-ending of a lease should the pet owner be renting
their property.
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