landlord/tenant Q&A

CATHERINE M. MATTHEWS (R), GRI
Broker-In Charge, Callahan Realty, Ltd.
Past President, Oahu Chapter
National Association of Residential Property Managers

Q. There is a dog next door to me that barks endlessly. I have tried talking to my neighbor, videoing the dog barking for 15 minutes straight multiple times to show the neighbor because they don’t believe me. The dog rarely barks when they are home unless someone comes right to the property so they think they have an angelic dog. It is a nice dog, except for the barking. I cannot enjoy being in my home when this is going on; I tried calling the Humane Society but they said they do not respond to barking dogs anymore and I should call the police. I am hesitant to call the police for this, is that really what I should do?

A. Yes, the police department has handled calls about barking dogs since August 2013 when the Humane Society ceased to follow up on this issue. I understand your hesitancy to call the police for this problem since in the big scheme of burglaries, domestic disputes, stabbings and all of the other things our police officers are tasked with handling for our community it seems somewhat petty. I have to say though, in writing this article I called the Pearl City police department to do my research and the police officer I spoke with did not trivialize the problem or in any way make me feel like it wasn’t a priority for them. The officer met with me and provided me a copy of the HPD policy 4.26 Animal Nuisance complaints. His attitude was that legitimate disturbances are important; and that the public is entitled for relief from these problems and it was HPD’s job to take action to care for the citizens. He did add that as reports are made about anything, they are prioritized and of course safety would come before nuisances.

What I learned is that animal nuisance is defined as any animal, farm animal or poultry that makes noise continuously for 10 minutes or more or intermittently for a half hour or more. The noise can be a bark, whine, howl, crow, cry or other unreasonable noise. HPD is encouraged to provide warnings for first offenses unless it is a dog bite. They are encouraged to provide this warning even if you have asked you neighbor to quiet the dog (or crowing rooster) multiple times. This provides formal notification that their animal is offending someone and allows reasonable time to correct the problem.

If you want to make a complaint and have HPD follow up on it, you must meet with the officer. If you are not willing to meet with the officer no officer will be dispatched, unless the noise complaint is connected with burglary or another criminal offense. The officer will initiate a miscellaneous crime report and submit it to the owner of the animal if the officer finds the complaint is founded. It is very helpful to keep a log and/ or video as you have been doing. This helps the police officer to confirm the complaint is legitimate. After the initial warning, if there are additional offenses a citation may be given; fines can range from $50 and escalate based on continued repeated infractions to a maximum of $1000 and/or 30 days in jail.

So in summary, yes, if the dog is bothering you and barking in a manner that falls within the guideline above, you should call the police. I personally feel you did the right thing in approaching your neighbor first to make them aware of the problem, especially since the dog only barks when they are not at home. Hopefully a warning from an Officer will make them take notice and realize the problem is serious.