Explaining Michigan’s Dog Barking Laws and Ordinances
Michigan does not have any statutes regarding excessive dog barking at the state level. However, at the local level, each municipality in Michigan can make their own laws regarding noise ordinances, including excessive noise produced by dogs. While most municipalities do not have solicited noise ordinances, even if there is one it may differ in each municipality. For example, a township says that all barking of dogs is regulated, or one city says that barking over a 20-second period is deemed excessive. After that, there are different fines the owner faces for the first, second and third offense of excess barking. If a police officer shows up and gives a barking ticket to a dog owner, the dog owner is not necessarily responsible for the fine , but the person who received the ticket has to go to court to do something about the ticket. Therefore, dog owners with complaints against them should go to court instead of paying the ticket because the ticket gets thrown out.
Different counties, cities and townships can have different laws regarding noises created by dogs. They can regulate when dogs can create noise and what is deemed as excessive noise. Or they can completely ban dogs and other animals from making noise on certain times and/or in certain areas. If you live in Michigan and have a problem with barking dogs, we recommend checking with your local municipality to see if there is an ordinance that addresses barking dogs.
Noise Laws and Ordinances to Address Dog Barking
In addition to state and federal laws, Michigan municipalities have enacted their own laws related to dog barking. Michigan law gives municipalities the power to regulate such issues via municipal ordinances. That includes regulating barking by companion animals like dogs. Such ordinances may include noise ordinances, nuisance ordinances, or other ordinances that limit the use and activities of dogs to protect the general public from noise disturbances.
Some cities and counties in Michigan have noise ordinances that address, or may be used to address, barking. For example, New Buffalo charter township code of ordinances 9- 42, (noise) includes an entire section related to noise including subsection (e) which reads: "No person shall own or be in possession of any animal or bird for which there is a habitual and persistent noise disturbance at any time which shall unreasonably disturb the peace and quiet of the community." The City of Birmingham disorderly conduct ordinance sec. 50-26 includes a similar provision that prohibits a dog from making noise, such as barking, that disturbs the quiet and again includes a provision for a fine. St. Clair Shores Municipal Code of Ordinances sec. 22-26 (noise) and sec. 22-27 (disturbing the peace) both include an entire section related to noise. Sec. 22-26 (Noise) includes a subsection (5) that reads: (5) The keeping of any animal that by any sound disturbs the peace and comfort of the neighboring inhabitants, and cultivates a disturbing noise, or any performance of any animal, or animal sounds or noises, on or across any public street, way, place or other public property. Sec. 22-27, Disturbing the Peace, is an ordinance designed to address "peace disturbances." Sec. 22-27 (15) reads: (15) Disturbing the peace by any animal noise, or causing or permitting an animal to cause a disturbance of the peace by any noise. It is possible that a dog will be classified as a nuisance under a city’s ordinances relating specifically to nuisance barking. Barking may also fall under the noise ordinances relating to noise generally. The noise ordinances do not make a discrimination among the types of noise and disciplines that warrant citation under relevant ordinances. Thus, barking related to a disruptive noise may be interpreted to fall within the provisions of noise ordinances. Additionally, there may be ordinances that specifically relate to a barkers barking from a residence or a vehicle. An example of such an ordinance is sec. 13-5, (barking dogs) of the Mt. Morris Municipal Code of Ordinances. Municipalities may supplement state law with local ordinances and regulations. Indeed, consistent with Michigan Municipalities Act (MCL 117.1) local governments in Michigan derive their home rule authority from the Constitution of the State of Michigan of 1963 art. 7 § 4. Local municipal governments have the power to enact legislation, which includes the authority to regulate matters of local concern. Such legislation may include noise ordinances and ordinances addressing the use of dogs and barking.
Legal Actions for Excessive Dog Barking
Local governments in Michigan often have ordinances about excessive barking by dogs. Owners of dogs who break these laws and are cited frequently find themselves with numerous fines. For example, the City of Detroit provides as follows: Sec. 50-11-18. Barking or howling. It shall be deemed a nuisance, and offense hereunder, for an owner, keeper, caretaker, or possessor of a dog to allow or permit such dog to bark, yelp, howl, or make such noise continuously for 10 minutes or intermittently for one hour within the hearing of any person. Every person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction shall be punished by fine of not more than $100.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment in the discretion of the court. In other words, under the section above, the dog owner can be convicted of a misdemeanor and fined up to $100 or serve 90 days in jail. This is a very serious penalty. Of course, as a practical matter, people receive warnings and fines are not imposed.
How Neighbors and Others Can Address Noise Caused by Dogs Barking
Apart from on-leash dog etiquette, issues can arise when the dog is off-leash. Some of the local ordinances give specific times that a dog should not be barking. If the barking occurs outside of those parameters, it is not clearly prohibited and you may not have any claim against the dog owner. However, if you hear barking during those quiet hours, you might want to first address the issue with the dog owner to avoid having to file a police report or neighborhood complaint. If, for example, the dog barks at 4:35 in the morning while you are trying to sleep and you get woken up, it may be worth it to talk to the dog owner and let them know their dog has been barking during the quiet hours and waking you up. Most of the time, this will correct the issue.
If the dog owner cannot be found or if they are uncooperative, and the dog is clearly violating the quiet hours by barking excessively, complaints should then be addressed with local authorities. A call to the local police station or animal control can be made explaining the excessive barking issue and keeping a record of dates and times of the barking is also important. If none of these actions seem to correct the problem and the barking continues , a suitable solution would then be to file an official complaint with the court in your locality and seek redress for excessive barking of the dog. Some cities in Michigan have local ordinances limiting how many barking / yapping / howling dogs one household can keep. In these cases, a neighbor could file a complaint that the owner is in violation for keeping two dogs that "yap" in the same household. In other words, a neighbor would file a complaint that too many dogs were keeping them up at night and it was a nuisance. Many ordinances have a threshold (i.e. 2) after which the barking results in a "public nuisance." This means that several warnings and fines can be issued before the ordinance will actually result in a court case and determination that the animals have to be removed. Many ordinances require that the animals be kept for a period of time to see if compliance with the provisions is obtained or if the animals will continue to be a public nuisance.
Actions to Prevent Problems with Dog Barking
To prevent issues related to states’ dog barking laws, Michigan dog owners can implement several strategies designed to curb excessive barking before it becomes a problem. Understanding why dogs bark is an important first step toward successfully altering this behavior. Dogs bark for many reasons, including: A bored, lonely or anxious dog may need more attention from its owner. If a dog’s basic needs are being met, training techniques can be employed to encourage less barking. Positive reinforcement techniques are the most effective methods and should be applied consistently and patiently. Rewarding a dog with treats and praise for not barking can be an effective approach. Most dogs bark at passing cars, joggers, other dogs and pedestrians who encroach their territories. Owners can install barriers like fences to help mitigate these circumstances. It is also helpful to teach a dog a "quiet" command or similar cue to minimize barking when it is excited about something going on outside the home. While Michigan dog owners cannot control weather events and the sounds that come with them, they can mitigate their dogs’ reactions by exposing them to thunderstorm or firework sound recordings at safe levels. When a storm is approaching, owners should ensure their dogs have plenty of exercise to facilitate a natural rest and monitor their behavior closely for signs of increased anxiety or distress. If a dog is harassing or threatening neighbors or their pets or livestock, it is important to leash the animal or confine it to prevent this type of behavior. A muzzle may also be necessary and legal advice should be sought in these situations.
Where to Learn More about dog ordinances and the Law
Local law enforcement or animal control offices often provide resources and guidance for dog owners on how to prevent and resolve barking problems in Michigan. For non-criminal issues, a dog owner may be able to contact a local animal control office or community service mediators for the dispute or problem . Some other Michigan resources include the following:
Michigan Department of Agriculture and Rural Development’s Animal Industry Division
Michigan Amateur Retriever Club Group’s Michigan Dog Laws
Michigan State University College of Law Law Library’s Dog Law Section
Government of Allegan County’s Barking Dogs
State of Michigan’s Farm, Pet and Exotic Animals
City of East Lansing’s FAQs on Barking Dogs
City of Grand Rapids’ Complaining About Barking Dogs
City of Merriweather Village’s Dog Barking
City of Traverse City’s Barking Dogs, Registration and Licensing
City of Grand Rapids’ Complaining About Barking Dogs
City of Kentwood’s Barking Dogs
City of Farmington Hills’ Barking Pet Complaints and Barking Dog and Cat Nuisance
City of Jackson’s Barking Dogs
Petfinder’s Barking Dog Concerns
Marquette Township’s Barking Dogs
City of Marquette’s Barking Dog Nuisances
City of Grand Rapids’ Barking Dogs
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