The below articles are only basic guidelines.
Please contact Scorpion Legal Protection for more information.
The sensible thing to do is to chat to your neighbour, over a cup of tea, and explain that the dog is preventing your baby from sleeping (or whatever) and ask him or her to do the neighbourly thing. One solution (if the neighbour works all day and the dog is bored or afraid) is to fit a cold air spray bark collar. All vets sell these devices and they are not at all cruel. Perhaps the dog needs to see an animal behaviourist? He or she will see why the dog barks excessively (lack of exercise, lack of stimulation, separation anxiety, protecting territory, etc.) and recommend a solution.
If that does not help or if the neighbour is indifferent or defensive (and refuses to make the nuisance go away) you should report the matter to the authorities (the local authority and, perhaps the SPCA) and, that failing, contact your lawyer, who will have to send a threatening letter or even go to court for an interdict. Disciplinary procedures vary from district to district. If you go the legal route, you will start a feud, so, wherever possible, try and settle matters amicably.
In the Cape, owners may not keep any dog that barks for more than six minutes in any hour or more than three minutes in any half hour. An official may order the owner to take necessary steps to stop the disturbance and owners are required to keep the dog under proper control. Gauteng hasn’t gone that far.
The SA Noise Control Regulations provide that no person shall:
If a noise emanating from a building, premises, etc., is a disturbing noise or noise nuisance, the authorities may instruct in writing the person causing such noise to discontinue or cause to be discontinued such noise within a period stipulated in the instruction. Failing response (in the case of e.g. power tools, musical instruments or animals) the instrument, equipment or animal can be confiscated, or impounded.
Any person who contravenes or fails to comply with a written notice shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000 or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment. In the case of confiscated items, the court may declare any vehicle, power tool, musical instrument or equipment, or animal forfeit to the local authority.
Written by Roy Bregman
Date: 17 June 2014
Date added: 30 March 2016