Nuisance Barking Dog
Nuisance Barking Dog Complaint Information
A state law banning dog barking noise disturbances was enacted October 9, 2025. It states that no person who owns, possesses, harbors, or controls a dog may allow the dog to cause a noise disturbance by barking, whining, or howling for an extended period. An extended period is defined as continuous for a period of 15 minutes or, intermittent, for 30 minutes or more. The fine for violating this law is up to $150.
Reference 16 Delaware Code, Section 3057F
When is Barking Not a Violation?
If dog barking occurs in the following situations, it is not a violation of state law:
(1) If the dog is making a noise disturbance during the following events:
- A person is trespassing or threatening to trespass upon private property where the dog is located,
- An animal is intruding upon private property where the dog is located.
- The dog is being teased or provoked.
(2) If the dog is at any of the following locations: animal shelter, pet store, dog grooming facility,
veterinarian office, or animal clinic.
(3) If at the time the dog is making a noise disturbance, the dog is engaged in any of the following activities:
- Dog training
- Dog exhibition
- Lawful performance competitions
- Hunting
- Herding
- Performing its duties as a service dog
- Livestock guarding
- Attending dog day care facilities
- Attending dog boarding facilities
First Complaint
Delaware Animal Services (DAS) encourages neighbors to communicate with dog owners to resolve barking issues quickly and without escalation. Sometimes owners are not aware of the problem, especially when they are not at home. A neighborly discussion can be helpful. Try to work out a mutually agreeable solution, and allow the pet owner a reasonable amount of time to remedy the situation. Make note of the dates and times of your contacts with the pet owner and responses received.
If direct resolution fails, you may file a complaint with DAS who will provide a notice of complaint warning and tips for preventing barking.
Second of Subsequent Complaint
Please allow a reasonable amount of time between complaints, as this is needed to follow up on the complaint and allow the dog owner to respond and correct the problem. Per law, no enforcement is permitted for a second incident unless it occurs 7 days or more after the first complaint was investigated. An officer will not be dispatched if received during this time. If the nuisance continues after that time, you may file another complaint. A citation may be issued if the complaint is substantiated. Please remember that occasional barking is not considered a nuisance.
You should be able to provide video or audio evidence to substantiate the complaint. Statements from yourself and other neighbors, logs or any other evidence will be collected by the investigating officer.
If the officer serves a citation to the dog owner, you must be willing to appear in court if necessary. An owner that is cited has the right to plead “Not Guilty” and request a hearing in court. If a hearing is requested, you must be present in court to testify to the evidence you collected. This assists us in prosecuting the violation. If you fail to appear the citation will be dismissed.
Fines
Dog owners who allow their pets to cause a noise disturbance will be fined $50-$150.
Be a Good Neighbor - Info for Dog Owners to Prevent Dog Barking
Things to Know Before Making a Complaint
Before calling in a complaint about a barking dog, be sure to have the following available:
- Dog Owner Address
- Dog Owner name and phone, if available
- Description of the dog(s)
- Dates, times and duration of noise nuisance
- Video or audio recordings, written logs, or other evidence.
Barking Dog Complaint Form
Please use this [Complaint Form] to file a first complaint or a follow-up complaint.
Because you are a witness to the barking, we will not be able to accept anonymous complaints. You must provide the information requested in order for your complaint to be processed.
Dog Barking Prevention
Barking is normal behavior for dogs, and one way in which they communicate. However, when it is excessive, it can become an annoyance, causing quality of life issues for your neighbors.
Excessive barking can also signal health or behavioral problems for your pet. Dogs bark for many reasons. They may be giving an alarm, seeking attention, be in pain or discomfort, or just bored. Figuring out why they bark will help you determine the best way to address it.
The resources below will help you determine why your dog is barking excessively, how to address it, and how to prevent it going forward. We also recommended consulting with a veterinarian, professional behaviorist, and/or trainer.
Delaware Animal Services Dog Barking Prevention Flyer
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