Can you sue your neighbor for their barking dog in Mississippi? Who does the law protect?
If your neighbor’s dog barks incessantly, they may be in violation of local ordinances concerning noise nuisances.
Although laws and ordinances vary across counties and jurisdictions, there are some common themes in Mississippi. It’s best to check with your local government if you live outside the below counties or if you’re unsure if you have grounds for action.
Harrison County doesn’t have pet-specific ordinances about barking dogs, it does have criteria for noise nuisances that could certainly apply. It “prohibits any sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.”
In nearby Hancock County, pet owners are not to “allow the animal to create a disturbance or become a nuisance due to excessive and prolonged noise making.
Jackson County, on the other hand, has more specific criteria for nuisance barking. Your neighbor could be in violation of local ordinances if the animal:
- Barks, whines, or howls in an excessive, continuous, or untimely fashion
- Is allowed by its owner to become a nuisance to people or other animals
If the dog’s barking becomes a problem, you have recourse. However, before you escalate matters to the authorities, it’s advisable to try to speak to your neighbor to keep the peace. They may not understand the extent to which their dog is becoming a nuisance and may be willing to remedy the situation without involving law enforcement.
However, if reaching out to the dog owner doesn’t work, there are some things you can do to get the situation under control.
First, you should document the issue with a detailed log of barking incidents that includes dates, times, and duration. Audio and video evidence are convenient for this matter and could be valuable if you decide to file a formal complaint.
Review the local ordinances
There are no laws in Harrison County about excessive dog barking but there are noise ordinances that a barking dog would likely violate.
- 68 dB(A) during daytime hours ending at 10 p.m. Sunday through Thursday
- 68 dB(A) during daytime hours ending at 11 p.m. Friday and Saturday
- 58 dB(A) during nighttime hours starting at 10 p.m. or 11 p.m. (depending on the day)
Hancock County puts the power in the hands of the animal control officers to determine whether or not the animal is in violation of the ordinance, Multiple offenses can result in fines of up to $500 and confiscation of the offending dog.
As in Hancock, animal control officers in Jackson County make the final decision about dogs’ excessive barking but pet owners could face penalties of up to $500 and/or up to 30 days in jail
Animal Control will be your best resource when reporting animal behavior that has become bothersome.
In Harrison County call the Animal Control administrative office during business hours at 228-392-0641 (Monday to Friday 8 a.m. to 5 p.m.)
After hours, you can call the same number which will connect you with the Biloxi Police Department.
For Hancock County call Animal Control at 228-466-4516 or visit their website.
Jackson County residents can contact the Jackson County Animal Shelter at 228-497-6350
Pursue Legal Action
While it is always best to try to resolve matters with your neighbor directly, it may not always be possible. You can file a nuisance suit in small claims court claiming the dog’s barking “constitutes a private nuisance, which unreasonably interferes with your use and enjoyment of your property”
A small claims suit is filed in the Justice Court in most Mississippi counties and can sometimes result in monetary compensation, but not much else. A judge can’t issue an injunction to stop the dog’s barking, but punitive damages might force your neighbor to take action.
If you suspect an animal is being abused or is in danger, contact the authorities immediately. The responding agency is required to investigate reports of animal cruelty.
