Dáil Éireann Debate, Wednesday - 15 June 2016
111. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government for advice on dealing with nuisance noise caused by a dog; the provisions available in law; the remedies available if the relevant local authority is not acting on the case; his plans to strengthen the by-laws and legislation in this regard; and if he will make a statement on the matter. [16359/16]
View answerWhenever a person considers a noise to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times that it gives reasonable cause for annoyance, he or she can initiate action to deal with it, for example, by engaging with the individual causing the noise to come to some mutually acceptable understanding, or by contacting their local authority, which may initiate proceedings on grounds of noise nuisance under the section 107 of the Environmental Protection Agency Act 1992.
Furthermore, section 108 of that Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The task of the District Court is to hear both sides of the case. The procedures involved have been simplified to allow action to be taken without legal representation.
A public information leaflet A Guide to the Noise Regulations, outlining the procedural and legal avenues available to persons experiencing noise nuisance, is available on my Department’s website at the following link:
http://www.environ.ie/environment/noise/guide-noise-regulations.
In relation to noise nuisance from dogs, section 25 of the Control of Dogs Act 1986 deals with nuisance by barking dogs. A person may be able to solve such problems in the first instance by talking to the dog owner. However, if that person doesn’t get a satisfactory response from the dog owner, they may complain to the District Court, using the form prescribed under the Control of Dogs Act. These forms are available from local authorities.
The Court may make an order, requiring the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog. The Court may also limit the number of dogs that can be kept on a premises or may direct that the dog be delivered to a dog warden to be dealt with as an unwanted dog.
