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SUBJECTS › LEGAL › NUISANCES › Animal Noise Nuisances
Updated 07/10

Animal Noise Nuisances

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About Animal Noise

Animal noise ordinance provisions require adequate notice and uniform enforcement. In Spokane v. Fischer, 110 Wn2d 541 (1988), the Washington Supreme Court held a Spokane ordinance void for vagueness. The ordinance provided that "No owner of a dog or owner or occupant of premises upon which a dog is kept or harbored may allow such a dog to disturb or annoy any other person or neighborhood by frequent or habitual howling, yelping or barking. Whoever harbors such a dog maintains a nuisance." The court held that the ordinance did not provide adequate notice of unlawful conduct or adequate standards to prevent its arbitrary enforcement.

The sample ordinance provisions below provide some degree of specificity. Have your legal counsel review any proposed regulation or model ordinance to see if the provision meets the legal standard. There are several documents from Australia linked below. They involve dog collars that count the number and frequency of a dog’s barking. The documents are provided for your information. We are not aware of any Washington jurisdictions that have used that method.

Animal Noise Ordinance Provisions

Standards for Barking Dog Nuisance in Australia - Bark Counting Collars