Neighbor "Scared" of My Dog, Calls Police Repeatedly

[JoDa]

What is the name of your state (only U.S. law)? DC

Again, I apologize if this is not the correct forum for this issue.

I have a neighbor down the street who is apparently afraid of dogs. While I am deeply sympathetic to that fear, she has repeatedly called the police on me when I have my own dog and/or friends/neighbors dogs (that I am sitting for them...I am not a professional dog sitter, but many of my friends and neighbors travel frequently and I watch their dogs for them...I am usually paid in gifts (a communal dinner out, a gift certificate to a favorite restaurant or bar, a nice local wine from where they traveled), so nothing formal) out in my fully-fenced yard, fully supervised (I am physically present in the yard with them). While the dogs may be barking and/or running around, they are certainly not acting aggressively towards passers-by nor do they have any chance of escaping the yard fence.

The first time she called, the police responded because she apparently told them that my dog and my friend's dog (that I was sitting) were "running at large and threatening people, and the owner is just sitting on her phone playing around." They confirmed that the dogs were properly contained in the yard and I was providing adequate supervision. The second time, the police did not respond, but animal control came around the next day. Animal control examined our fence and the gate latches briefly and concluded the same: the dog(s) were fully contained and the complaint was unwarranted. The third time she called, the police came out again to try to settle the issue. In that case, she waited around for a response, and the police had the opportunity to ask her what she'd like them to do. Her response was: "she needs to keep those dogs inside or on a short leash, they are aggressive and threatening." In that instance, I was sitting a neighbor's elderly Golden Retriever, so I had my energetic (but friendly) little dog taking a bit of a run within my line of sight and an old (but large-ish) dog snoozing right on my foot in the sun. The police informed her that I was well within my rights to let my dogs run inside my fenced yard, but if they ever escaped (they never have), she'd then have a valid complaint and should make a call for that. They asked me if I could, possibly, pick a different time to let the dogs out. I told them, frankly, that she likes to walk around the neighborhood at all hours, and has lodged complaints at various times from 3-8 PM. While I'd be willing to refrain from letting the dogs out at a very specific time, say 6-6:30 PM or any other agreeable and consistent SMALL PERIOD of time whereby she can complete her walk from the bus stop to home without encountering my dog or any others I am in charge of, I'm not going to bow to rushing them indoors should she choose to saunter by at some random time. The police went back and told her if she could agree to "a half-hour or hour a day when she doesn't want my dogs out in the yard," they could help negotiate that. She told them "I have the right to walk down my street whenever I feel like it without being threatened by aggressive dogs." Both the police and I threw our hands up at that.

Since that time, she's called the police and/or animal control a half-dozen more times. Most of my neighbors know of the issue and are on my side (as I said, my dog is friendly, and has made friends with them, their kids (all the way down to babies in bassinets), THEIR dogs, etc., and I only sit FRIENDS dogs who I know to be well-behaved, so no problem there). I'm following the law to a "T" in keeping my dog and any others I'm in charge of on-leash or IN the yard. But my neighbors think I should file harassment charges against her for the complaints. In speaking with the police and animal control officers, she IS leveling false charges. She claims that my dog(s) are running at large, threatening passers-by, not under my control, etc. I don't want it to come to that, but, at this point, the police have tried to negotiate a reasonable solution, neighbors have told me they've tried to talk some sense into her, all of her complaints have been dismissed, and she persists. I'm not sure I have any other option.

So, my question is: should I file harassment charges against her the next time she calls the police? If not, what SHOULD I do (and don't say "keep your dog(s) inside," that is not on the table)?

 

[quincy]

What is the name of your state (only U.S. law)? DC

Again, I apologize if this is not the correct forum for this issue.

I have a neighbor down the street who is apparently afraid of dogs. While I am deeply sympathetic to that fear, she has repeatedly called the police on me when I have my own dog and/or friends/neighbors dogs (that I am sitting for them...I am not a professional dog sitter, but many of my friends and neighbors travel frequently and I watch their dogs for them...I am usually paid in gifts (a communal dinner out, a gift certificate to a favorite restaurant or bar, a nice local wine from where they traveled), so nothing formal) out in my fully-fenced yard, fully supervised (I am physically present in the yard with them). While the dogs may be barking and/or running around, they are certainly not acting aggressively towards passers-by nor do they have any chance of escaping the yard fence.

The first time she called, the police responded because she apparently told them that my dog and my friend's dog (that I was sitting) were "running at large and threatening people, and the owner is just sitting on her phone playing around." They confirmed that the dogs were properly contained in the yard and I was providing adequate supervision. The second time, the police did not respond, but animal control came around the next day. Animal control examined our fence and the gate latches briefly and concluded the same: the dog(s) were fully contained and the complaint was unwarranted. The third time she called, the police came out again to try to settle the issue. In that case, she waited around for a response, and the police had the opportunity to ask her what she'd like them to do. Her response was: "she needs to keep those dogs inside or on a short leash, they are aggressive and threatening." In that instance, I was sitting a neighbor's elderly Golden Retriever, so I had my energetic (but friendly) little dog taking a bit of a run within my line of sight and an old (but large-ish) dog snoozing right on my foot in the sun. The police informed her that I was well within my rights to let my dogs run inside my fenced yard, but if they ever escaped (they never have), she'd then have a valid complaint and should make a call for that. They asked me if I could, possibly, pick a different time to let the dogs out. I told them, frankly, that she likes to walk around the neighborhood at all hours, and has lodged complaints at various times from 3-8 PM. While I'd be willing to refrain from letting the dogs out at a very specific time, say 6-6:30 PM or any other agreeable and consistent SMALL PERIOD of time whereby she can complete her walk from the bus stop to home without encountering my dog or any others I am in charge of, I'm not going to bow to rushing them indoors should she choose to saunter by at some random time. The police went back and told her if she could agree to "a half-hour or hour a day when she doesn't want my dogs out in the yard," they could help negotiate that. She told them "I have the right to walk down my street whenever I feel like it without being threatened by aggressive dogs." Both the police and I threw our hands up at that.

Since that time, she's called the police and/or animal control a half-dozen more times. Most of my neighbors know of the issue and are on my side (as I said, my dog is friendly, and has made friends with them, their kids (all the way down to babies in bassinets), THEIR dogs, etc., and I only sit FRIENDS dogs who I know to be well-behaved, so no problem there). I'm following the law to a "T" in keeping my dog and any others I'm in charge of on-leash or IN the yard. But my neighbors think I should file harassment charges against her for the complaints. In speaking with the police and animal control officers, she IS leveling false charges. She claims that my dog(s) are running at large, threatening passers-by, not under my control, etc. I don't want it to come to that, but, at this point, the police have tried to negotiate a reasonable solution, neighbors have told me they've tried to talk some sense into her, all of her complaints have been dismissed, and she persists. I'm not sure I have any other option.

So, my question is: should I file harassment charges against her the next time she calls the police? If not, what SHOULD I do (and don't say "keep your dog(s) inside," that is not on the table)?

You do not appear to have any defamation claim possible against your neighbor (although the dogs might ) but an harassment complaint seems to be a reasonable action to take the next time she calls the police or animal control.

 

[LdiJ]

You do not appear to have any defamation claim possible against your neighbor (although the dogs might ) but an harassment complaint seems to be a reasonable action to take the next time she calls the police or animal control.

I agree, this is definitely harassment. Its truly absurd for someone to object to someone's dogs being in their own fenced yard, particularly under supervision.

 

[CdwJava]

Even if it might be "harassment" by the neighbor, the question becomes, "What can be done about it?"

I doubt anyone is going to charge her with a crime for calling the police or animal control if she believes dogs are dangerous or an annoyance of some kind. The police, prosecutors, and courts are reluctant to muzzle people's conduit to assistance if they feel they need it. And if it is a civil claim, I'm not sure it would be worth the cost of an attorney to sue her ... and I doubt that DC's small claims courts will handle harassment claims that do not involve a monetary loss.

This may not end until the neighbor gets tired of calling the police and animal control, they tell her to knock it off, or they simply stop responding.

 

[JoDa]

This may not end until the neighbor gets tired of calling the police and animal control, they tell her to knock it off, or they simply stop responding.

My neighbors have suggested, and I kind of agree, that having the "favor" returned with the police knocking on her door for a harassment complaint might get her to knock it off. Honestly, that's all I want. I tried to provide accommodation in "is there a specific time you need to walk by...if so, I won't bring the dog(s) out at that specific time." But "anytime I feel like walking down the street" is not an "agreeable" solution. I'm not looking to sue, just a simple way to avoid the embarrassment of the police rolling up on my house once a week or so.

Also, I love the comment that the dogs have a claim for defamation. The police and AC and every other neighbor know how sweet they are. The thing that ticked her off most in the one instance she was present while the police addressed me was that the police offered them treats (with my permission). They *claimed* they were gaining the dogs' trust to "assess their personality," but I know they were just looking for a little puppy love.

 

[CdwJava]

I'd be careful with calling the police to report her for "harassment" (which may not even be a crime in DC) when such a thing may be harassment in its own right. Chances are the police and Animal Control contact her when they respond and tel her it all appears okay, so they are already contacting her. I doubt a special call to report her will do much more than make those folks more miffed than they may be already.

 

[JoDa]

Well, I never envisioned it at a separate call. I'd just, when the police responded, once again, tell them I'd like to file harassment charges due to the false claims. They'd then walk (or drive, I guess) 6 doors down the street, inform her of the complaint, and she'd give up her little "crusade." Unless you've got some other more effective option to get her to stop after 8 months?

 

[quincy]

My neighbors have suggested, and I kind of agree, that having the "favor" returned with the police knocking on her door for a harassment complaint might get her to knock it off. Honestly, that's all I want. I tried to provide accommodation in "is there a specific time you need to walk by...if so, I won't bring the dog(s) out at that specific time." But "anytime I feel like walking down the street" is not an "agreeable" solution. I'm not looking to sue, just a simple way to avoid the embarrassment of the police rolling up on my house once a week or so.

Also, I love the comment that the dogs have a claim for defamation. The police and AC and every other neighbor know how sweet they are. The thing that ticked her off most in the one instance she was present while the police addressed me was that the police offered them treats (with my permission). They *claimed* they were gaining the dogs' trust to "assess their personality," but I know they were just looking for a little puppy love.

The police cannot ignore calls but they can (and probably will, if they haven't already) make the neighbor's complaints such a low priority that the neighbor could eventually give up complaining when she sees the complaints are not having the desired impact.

There is the ability for someone who has been willfully, maliciously and repeatedly harassed by another to seek a civil harassment order in DC, by the way, but I am not sure that the neighbor's calls can support such a court order at this point. That said, I do not think it unreasonable to file an harassment complaint against the neighbor with the police the next time the neighbor decides she is unhappy with dogs and calls to complain. The police report can help to support any legal action against the neighbor that might become necessary in the future.

Perhaps a letter from an attorney to the neighbor, advising the neighbor that the repeated calls to the police need to stop, could halt the complaints. Attorney letters can sometimes intimidate the recipients into behaving.

Good luck.

 

[JoDa]

Ah, now that is something I didn't think of (but should have). Living in DC, I, of course, have a million attorney friends, and I'm sure I could find one to sign a "cease and desist" letter to her for a small fee (for anyone watching, an attorney cannot represent you for free without good reason). You are correct that legally backed threats often get results!

 

[quincy]

Ah, now that is something I didn't think of (but should have). Living in DC, I, of course, have a million attorney friends, and I'm sure I could find one to sign a "cease and desist" letter to her for a small fee (for anyone watching, an attorney cannot represent you for free without good reason). You are correct that legally backed threats often get results!

DC has, as a group, the highest paid attorneys in the country so it is especially nice to have attorney-friends there.

Good luck with your neighbor, JoDa.

 

[JoDa]

True to form, she decided to go strolling around the neighborhood again on MLK day (she must have a government job, given the times we've conflicted...not a slam (I am a Fed, too, with the same days off, hence why we've conflicted), just an observation), and again called the police for my "threatening" dog. I again waited for the police to roll up, and it was the same officers who responded to, I think, the second complaint (though she didn't stick around this time). I asked them if I could file a counter-complaint against her, and they said "while we cannot advise on your legal rights nor encourage or discourage you from lodging any complaints, we are obligated to hear and record any complaint you have against the person who made this call for help, if you feel that a complaint of that nature would be warranted." I called up a *very* close lawyer friend, and she advised me to go with harassment, since she hadn't actually filed a police report so a false report claim would be a loser (a 911 call is, apparently, not a report). So, I've now filed a harassment complaint against her (she was *leaving* her house when she called, so while the police did knock on her door, she wasn't home to respond).

As a part of that, they were obligated to give me the "information they had" on the caller, which included her name, address, and phone number (she apparently willingly gave it on the 911 call...having had the occasion to call 911 here (for REAL emergencies), I know they tell you that giving this information is voluntary). So I now know who she is and her address (I knew her address before, but not her full name). Letter telling her to knock it off in the works, same friend who advised me to go for harassment over false report is willing to review/edit it and sign it with her Bar ID for a small fee (she put me under verbal retainer, promise to pay for services, before even telling me what to do...I don't qualify for pro bono help under any reasonable standard for this issue).

 

[JoDa]

Sorry, I meant to indicate that I think these were the officers who tried to negotiate a treaty on an hour or so a day she'd like to walk by. The second call was only addressed by animal control...it was the second call the police responded to that I was referring to.

 

[OHRoadwarrior]

If you were not running a kennel for hire illegally, you would likely have less conflict. Be sure to explain that tidbit to the judge. BTW is your home zoned for the kennel you are running?

 

[quincy]

True to form, she decided to go strolling around the neighborhood again on MLK day (she must have a government job, given the times we've conflicted...not a slam (I am a Fed, too, with the same days off, hence why we've conflicted), just an observation), and again called the police for my "threatening" dog. I again waited for the police to roll up, and it was the same officers who responded to, I think, the second complaint (though she didn't stick around this time). I asked them if I could file a counter-complaint against her, and they said "while we cannot advise on your legal rights nor encourage or discourage you from lodging any complaints, we are obligated to hear and record any complaint you have against the person who made this call for help, if you feel that a complaint of that nature would be warranted." I called up a *very* close lawyer friend, and she advised me to go with harassment, since she hadn't actually filed a police report so a false report claim would be a loser (a 911 call is, apparently, not a report). So, I've now filed a harassment complaint against her (she was *leaving* her house when she called, so while the police did knock on her door, she wasn't home to respond).

As a part of that, they were obligated to give me the "information they had" on the caller, which included her name, address, and phone number (she apparently willingly gave it on the 911 call...having had the occasion to call 911 here (for REAL emergencies), I know they tell you that giving this information is voluntary). So I now know who she is and her address (I knew her address before, but not her full name). Letter telling her to knock it off in the works, same friend who advised me to go for harassment over false report is willing to review/edit it and sign it with her Bar ID for a small fee (she put me under verbal retainer, promise to pay for services, before even telling me what to do...I don't qualify for pro bono help under any reasonable standard for this issue).

Well, here's hoping your neighbor doesn't know that an attorney cease and desist letter is nothing more than letter signed by an attorney.

And I hope that your neighbor is intimidated enough by the letter that she stops the harassment before legal action against her needs to be considered.

Your neighbor was using 911 to make her calls? Yikes.

edit to add: OHR, please re-read the original post. JoDa is not a professional dog sitter or operating as a kennel.

 

[JoDa]

Thanks for sticking up for me, qunicy. I don't see how having my dog and *ONE* other dog, on occasion, in my home/on the property of my home/with me on leash, with no pay expected for watching that one other dog constitutes a "kennel." While the IRS might have issue with me in accepting a restaurant meal, gift, or an exchange of dog sitting without reporting it, the city has no rules that prohibit me from having *2* dogs in my private residence/on my private property/under my control without the expectation of remuneration, cash or in-kind, for watching the second. While several of these calls came over the holidays while my friends and neighbors were hurting for someone to watch their dog, so I often had another dog that wasn't mine in my house, this weekend's came when it was just me and my little boy, as it is about 50 weeks a year.

But, to your complaint about 911, qunicy, DC is a little weird in how you report issues. We have 911 and 311 and that's, basically, it. If you want an immediate response, you call 911. It took some getting used to for me, too, being raised in a place where you called 911 if it was an EMERGENCY (all caps warranted) and the police station if you'd just like someone to respond, at some point. Here, you want the police, you call 911. It's actually not as bad as it sounds because we have a well-staffed communications center with the power to classify calls. No one is put on hold when they need an ambulance because this "B" is calling in about a barking dog. I don't think her calling 911 was wrong because she called 911, but because of WHY she called 911.