Written answers

Thursday, 1 July 2010

Department of Environment, Heritage and Local Government

Noise Pollution

10:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Question 246: To ask the Minister for the Environment, Heritage and Local Government if he will outline the action residents can take regarding neighbours with barking dogs; if he will specify special provisions for District Court actions; if local authorities can take additional action against tenants whose dogs create complaints; and if it is a standard condition of tenancy not to have barking dogs. [29063/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Under Section 25 of the Control of Dogs Act 1986, where, on a complaint being made to the District Court by any person, it appears that a nuisance has been created as a result of excessive barking by a dog, the court may order the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog; make an order limiting for such period as may be specified in the order the number of dogs to be kept by the respondent on his premises; or direct that the dog be delivered to a dog warden to be dealt with by him in accordance with the provisions of the Act as if the dog were an unwanted dog.

Before any person makes a complaint to the District Court in relation to a nuisance caused by the excessive barking of a dog, that person must serve notice of their intention to make such a complaint on the occupier of the premises in which the dog is kept. Addressing the issue of barking dogs in a tenancy agreement would be a matter for the relevant local authority to consider.

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