Neighbor’s chained dog barks constantly
Dear Lawyer,
I recently moved into my home and have been alarmed to see that my next-door neighbor chains his dog in a small bare backyard most of the day and sometimes throughout the night. The chain is heavy and about 10 feet long and the dog has nothing to do, so it barks constantly. I feel sorry for the dog, but the barking is starting to drive me nuts. What can I do? -- Sleepless in Corrales
Dear Sleepless,
Thankfully, cities and towns throughout the U.S. are slowly recognizing the cruelty of tethering dogs, and making it illegal. In Albuquerque, it is against the law to chain a dog for more than one hour in a 24-hour period, and Las Cruces has a maximum of six hours out of 24 hours. Bernalillo County recently banned all outdoor tethering of dogs (including cable trolleys, where the tether is connected to an elevated line). Unfortunately, most municipalities in New Mexico still have no laws against chaining, including Corrales.
The animal cruelty ordinances of Corrales and Rio Rancho, among others, do not appear to forbid dog chaining, but only physical abuse and intentional neglect. Hopefully, laws will change throughout the state to criminalize all tethering of dogs, as it is inherently cruel and can result in strangulation, dehydration, infection, hypothermia, and sunstroke. All dogs deserve better. You could try a nicely worded letter to your neighbor suggesting he unchain his dog, but I would bet this will not be met with cooperation or enthusiasm.
Another route you can take would be to contact New Mexico Dogs Deserve Better, a wonderful group working hard to unchain dogs and introduce them to much happier lives. On some occasions, this group has been able to purchase chained dogs from their owners.
Your neighbor’s dog is likely barking because it is bored, frustrated, anxious, in pain, and/or depressed. Every dog needs mental stimulation, companionship, exercise, and protection from cold, heat, wind, and rain. You may be able indirectly to get this poor dog unchained by calling an animal control officer and filing a complaint with the Village of Corrales about the barking problem. Corrales, like most other municipalities, has a nuisance ordinance that punishes owners of dogs whose barking disturbs other residents’ “rest and peace.” The fine for violation is up to $500, or up to 90 days imprisonment, or both. Because the wording is vague and subjective, enforcement is sporadic at best. Be persistent, and the Village may eventually be compelled to respond.
Many municipalities have more specific ordinances pertaining to barking that perhaps could be adopted in New Mexico. In several U.S. cities, dogs are forbidden to bark from 10 p.m. to 7 a.m. Other cities punish owners whose dogs bark for five or more consecutive minutes between 10 p.m. and 8 a.m. In Honolulu, ten minutes of continuous barking, or 30 minutes of intermittent barking, can result in a $1,000 fine.
Hopefully one of the above routes will assist you in getting a full night’s sleep. This situation underlines the urgent need for legislative reform in New Mexico regarding nuisance noise and animal protection, so animals can be treated more humanely and people can get their sleep.
Ed Goodman worked for more than two decades as a trial lawyer in Massachusetts. A painter, screenwriter, and novelist, he lives in Corrales with his partner, Ennio Garcia-Miera, and their six dogs, four turkeys, four chickens, and a parrot.