Vetnuus | January 2025 37 3. Gather Evidence If dialogue fails, clients should document the barking, including video or audio recordings, and maintain a log detailing the duration and frequency of the noise. This evidence is essential for legal proceedings. Municipal bylaws usually measure noise in terms of duration, frequency, and decibels to decide if noise levels are unacceptable. 4. Talk to Other Neighbours If multiple residents are affected, collective evidence can strengthen the case and reduce perceptions of personal vendettas. Legal Frameworks to Consider Inform your clients that they should look at the relevant municipal bylaws. Municipal areas all have their own legislation. Although they are similar, there are important differences, and the correct relevant legislation must be used. An example of a relevant municipal bylaw is the City of Cape Town’s bylaw on the keeping of animals and the subsection that deals with nuisance. It reads as follows: “No person may keep any animal that creates a nuisance, whether the health nuisance or nuisance emanates from odour, sound or noise made by the animal, or from any other source relating to the animal and whether the health nuisance or nuisance emanates from the animal itself or from the manner in which, or the conditions under which, the animal is kept or from the escaping or wandering of the animal, as the case may be.” What is regarded as a noise nuisance or disturbance is often specifically defined in the bylaws and includes reference to the frequency, duration, and level of noise. If a neighbourly approach does not yield any results, encourage your clients to contact local law enforcement. This does not normally fall within the jurisdiction of the South African Police Services, but if there are no local law enforcement officers, or in a serious emergency the SAPS may be able to assist. If any form of animal cruelty is involved the SPCA can also assist. In extreme cases, seeking a court interdict might be necessary, though this should be a last resort and should be done with the assistance of an attorney. Collaborating with Professionals In cases where the barking indicates animal distress, your expertise as a veterinarian is invaluable. Advise clients to suggest a veterinary check-up for the dog to rule out medical causes and recommend an animal behaviourist if necessary. If the matter proceeds to court, providing expert evidence may be necessary, but this is best left to veterinarians specialising in animal behaviour. The Role of Veterinarians Chronic sleep deprivation or the stress of dealing with incessant noise can cause serious mental health problems for affected individuals. It is also important to remember that the continuously barking dog is in distress too. While you may not be able to solve the problem directly, your guidance can help your clients navigate these conflicts more effectively. By offering veterinary knowledge, and relevant legal insights and encouraging constructive dialogue, you empower clients to address barking issues with empathy and respect for all parties involved—human and canine alike. If you have any questions, you can contact me at trudie@legalvetservices.co.za v Legal Mews
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