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Nuisance, hearing, fix

Barking dog complaints in Massachusetts

A barking complaint is a neighbor problem first and a legal one second, and the law is built that way: a written complaint, a hearing and, if the barking is real, an order to fix it. This page explains the state process, where town bylaws come in, and how to quiet the dog before anyone files. Take it as general information, not legal advice, and ask your city or town how complaints are handled there.

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What counts

The statute defines a nuisance dog, and excessive barking is written into the definition

Section 136A defines a nuisance dog in three parts, and two are about noise. One is a dog that 'by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity.' The other is a dog whose excessive barking, 'causing damage or other interference,' a reasonable person would find disruptive to quiet and peaceful enjoyment. The third part covers a threat or attack that was not grossly disproportionate. The words excessive and reasonable person matter: an occasional bark at the delivery truck is not what the definition describes.

The statute sets no decibel level, no number of minutes and no quiet hours, so whether barking is excessive is judged at the hearing on the evidence. It also draws a firm line in the other direction. Section 157 says no dog shall be deemed dangerous 'solely based upon growling or barking or solely growling and barking,' so a barking complaint, however heated, ends at a nuisance finding at most, unless something beyond noise happened.

  • Excessive barking that annoys a sick person living nearby
  • Excessive barking a reasonable person would find disruptive
  • No decibel level, time limit or quiet hours in the statute
  • Barking alone can never support a dangerous finding

The process

A written complaint, a public hearing, then dismissal or a nuisance finding

Under section 157, 'any person' may file a written complaint with the hearing authority, which section 136A defines to include the selectmen of a town, the mayor of a city, a police chief or commissioner or their designee, an animal commission's officer, or whoever is responsible for handling dog complaints. The authority investigates, including an examination of the complainant under oath at a public hearing in the municipality, and decides on credible evidence and testimony. A complaint about a nuisance dog has two possible outcomes: dismissal, or a nuisance finding.

A nuisance finding lets the authority order the owner or keeper 'to take remedial action to ameliorate the cause of the nuisance behavior.' The statute does not spell out what that action must be, which leaves room for a practical plan. Within 10 days the owner or keeper may petition the district court to review the order. Failing to comply with an order is punishable under section 157A by a fine of up to $500, up to 60 days in jail, or both, for a first offense.

  1. 01

    The neighbor sends a written complaint to the hearing authority

  2. 02

    The authority investigates the complaint

  3. 03

    A public hearing is held and the complainant is examined under oath

  4. 04

    The authority dismisses the complaint or deems the dog a nuisance

  5. 05

    A nuisance finding may come with an order for remedial action

  6. 06

    The owner or keeper may petition the district court within 10 days

Town rules

Towns may add their own bylaws, so read your town's before you file or reply

Section 173 lets a city or town make 'additional ordinances or by-laws relative to the licensing and control of animals' as long as they are not inconsistent with the state sections. That is why a barking complaint can look different from one place to the next: a town may add its own noise or dog rules, and its own fines, alongside the state process. On Cape Ann, Gloucester's dog rules sit in chapter 4 of the city code and are summarized on the city's dog regulations page, while Rockport, Essex and Manchester-by-the-Sea each keep general bylaws; read your town's text or ask the clerk.

Rented homes add another layer, because a lease can carry noise terms of its own and a landlord can act faster than any hearing. Our guide to renting with a dog in Massachusetts covers that side. The point here is that the state process is rarely the only one in play, and that the least expensive answer to all of them is the same: a quieter dog.

If you are the neighbor

Talk first, keep a dated log, and file in writing if it keeps happening

The law gives a neighbor a real remedy, but a hearing is slow and public, and the owner may not even know the dog barks while they are at work. A short, friendly conversation, or a note if talking is hard, can reach someone who simply is not home when it happens. Mention the hours, because that is the information an owner usually lacks.

If it continues, a log turns annoyance into evidence: the dates, the times, how long the barking lasted and what it disrupted, such as sleep, work or a sick member of the household, which the definition singles out. That record is what a hearing authority weighs when it decides whether barking was excessive. Before you write the complaint, ask the city or town who serves as hearing authority and how it wants the complaint addressed.

  • Talk, or leave a note, before anything formal
  • Log the dates, the times and how long it lasted
  • Note what it disrupted, especially for anyone ill at home
  • Ask the town who hears dog complaints, then write

If you are the owner

Fix the barking first: find the trigger, fill the long day, teach a quiet behavior

A complaint letter is information about hours you are not there to hear. Barking tends to have a reason you can work on: a long, empty day, a window onto a busy street, a doorbell, or distress at being left alone, which is a different problem from boredom and may need your vet as well as a trainer. Start by finding out when it happens; a neighbor's log, or a camera at home, answers that faster than guessing.

A dog who spends the long day in a matched playgroup has had its exercise and company by the time it gets home; a full daycare day is $42 and a half day $33, and a Dogtown Academy day, $89 full or $69 half, adds a training session with our trainers to the play. For the barking itself, our trainers work fear- and force-free, with sessions from $94. A written training plan is also something concrete to show a hearing authority weighing remedial action.

  • Find the trigger: windows, doorbells or empty hours
  • Fill the long days with daycare, an Academy day or a midday walk
  • Teach a quiet behavior with a force-free trainer
  • See your vet if the barking is new or comes with other changes

At Dogtown

Quieter days start here

Daycare fills the empty hours, Academy days add training to the play, and a solo walk breaks up a long afternoon.

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Asked and answered

Questions people ask about this

Short, complete answers you can act on today. More in the full FAQ.

Who do I complain to about a barking dog in Massachusetts?
The state process in section 157 starts with a written complaint to the hearing authority of the city or town. The statute lets that be the mayor or select board, a police chief or commissioner or a designee, or whoever handles dog complaints, so ask the clerk or animal control which office it is where you live, and put the complaint in writing.
How much barking is too much under Massachusetts law?
The statute does not give a number. It speaks of excessive barking that annoys a sick person living nearby, or that a reasonable person would find disruptive to quiet and peaceful enjoyment. Whether a particular dog meets that test is decided at a public hearing on the evidence, which is why a dated log carries weight.
Can a barking complaint lead to my dog being taken away?
Barking alone cannot make a dog dangerous under section 157, and the dangerous dog orders follow only a dangerous finding. A nuisance finding allows an order for remedial action. If an owner ignores an order, though, the statute allows the dog to be seized and impounded, so take any order seriously and talk to a lawyer about it.
Will daycare stop my dog barking at home?
It can help when the barking comes from a long, empty day, because the dog spends those hours playing and resting in a group instead of watching the street. It will not teach a quiet behavior on its own. Pair daycare with training, and see your vet if the barking started suddenly or came with other changes.
Who is the hearing authority in Gloucester or Rockport?
The statute lists possibilities rather than one office: the mayor of a city or the selectmen of a town, an animal commission's officer, the police chief or commissioner or a designee, or the person charged with handling dog complaints. Ask the Gloucester or Rockport clerk, or animal control, which of these hears complaints in that community.

More questions? Read the full FAQ

Sources

Rules and dates change. We re-check every beach, licensing and ordinance page each spring and fall; the source above is the current word.

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