Neighbouring dogs and their barking

Neighbouring dogs and their barking

Neighbourly relations are not always easy, and conflicts can arise and escalate. In terms of how to deal with our four-legged friends, Geneva's cantonal law on dogs stipulates, for example, that any owner of such an animal must take the necessary precautions to ensure that its barking or howling does not disturb public peace and quiet.In the event of non-compliance with this rule or inappropriate behaviour on public property, the owner of the dog may be fined by the municipal police or other administrative measures, depending on the seriousness of the offence, including the obligation to attend a dog training course. If these administrative measures fail to produce the desired effect and dialogue with your neighbour remains impossible, you will have to consider legal action. It will then be up to the courts to decide whether the mutual respect that neighbours owe each other has been breached within the meaning of the Swiss Civil Code, and whether a normal person of average sensibility would also perceive the noise pollution to be excessive. This notion of excess balances, on the one hand, a neighbour's interest in exercising his freedoms and, on the other, the right of everyone not to suffer disturbance or damage. Whether or not the required level of tolerance is exceeded depends on a number of criteria, including the custom at the place of residence concerned. In short, neighbourhood law requires everyone to spare their neighbours excessive nuisance, including noise. Anyone bothered by such noise should first seek a dialogue, as it can happen that pet owners are not really aware of the nuisance that their companions can cause. However, depending on the extent of the nuisance and the lack of consideration shown in a particular situation, it is possible to take legal action to enforce one's right to peace and quiet.