Script 400 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia. Noise
We’ve all had our peace and quiet disturbed by squealing tires, loud stereos, barking dogs, or noisy equipment. What can you do to stop it? First, you can try talking to the person responsible for the noise. They may not realize how irritating it is. If that doesn’t work, call your city hall and ask if there is a noise bylaw. If there is one, talk to the person who enforces it. For example, in Vancouver, you would call the Environmental Health Officers. Each municipality’s noise bylaw is different, but most are quite broad. In Vancouver, the bylaw covers noise from animals and birds, heavy-duty equipment, lawnmowers, loud parties, stereos and many other things. Usually, the municipality’s enforcement officer will try to solve the problem informally. If they can’t, they may prosecute the noisy person in court for violating the bylaw. If a person is screaming, shouting, swearing or singing to the point that they are causing a disturbance, they may be causing a common nuisance, which is against the Criminal Code. In that case, call the police and report it. Your can also sue the person causing the noise. You could sue for damages for nuisance or negligence, or ask the court to order the person to stop the noise. Untidy premises
Most municipalities have bylaws to control things like garbage, junk, overgrown gardens, or abandoned vehicles. For example, in Vancouver, every property owner must keep their property in neat and tidy condition, in keeping with a reasonable standard of maintenance common in the neighbourhood. So, again, your starting point is the local government. Explain your situation to the person who enforces bylaws. They may investigate and if your claim is valid, order the owner to clean up the property. If the owner doesn’t, the municipality can clean it up and then bill the owner. Dogs
If you own a dog, you should be familiar with your legal responsibilities, described in local bylaws, a provincial law, the Criminal Code, and the common law, as explained below. Local bylaws
Local bylaws cover licensing and may prohibit dogs from being in certain places. You can find a copy of local bylaws at your public library, courthouse library, or local government offices. Many local bylaws are also available on the Internet. Many local governments have passed bylaws to prohibit dogs running loose. In Vancouver, for example, dogs aren’t allowed on the street or in a public place unless they’re on a leash not more than 8 feet long (2.5 meters) – except in special off-leash parks. As well, female dogs must be kept confined and housed when they’re in heat. The Vancouver Animal Control Bylaw also requires “aggressive” dogs – dogs with a known tendency to attack or bite, or dogs that have bitten another domestic animal or person without provocation – to be muzzled or kept indoors or in a pen. A dog that has bitten someone may be seized and impounded for up to three weeks. A dog found running loose, or unlicensed, will be taken to the Pound and, if it isn’t claimed within three days, it may be up for sale or destroyed. The owner could also be charged fees for impounding the dog, keeping it at the Pound, and any veterinarian services it needs. The owner can also get a ticket for violating the bylaw. Health bylaws in Vancouver and elsewhere also prohibit dogs in restaurants and other places where food is kept or handled. This doesn’t apply to private homes and “seeing-eye” dogs. Vancouver has a “pooper-scooper” bylaw, and your local municipality may have one too. This requires you to pick up your dog’s excrement if it’s on property that is not yours. If you don’t, you can be fined up to $2000. This law does not apply to “seeing-eye” dogs or service dogs working with people with disabilities. Vancouver’s animal control bylaw regulates the noise of barking dogs, too. For example, if your neighbours complain that your dog’s barking disturbs the peace and quiet of the neighbourhood, you could be prosecuted and fined up to $2,000. Other local governments also regulate dog barking in their noise control bylaws. Provincial law
The BC Livestock Act protects farm animals from attacks by dogs. For instance, anyone can kill a dog on the spot if it’s seen running at large and attacking or viciously chasing cattle, goats, horses, sheep, swine, or game. You can get a copy of the Act from Crown Publications in Victoria at 250.386.4636 or at your local library. The Act is also available at www.qp.gov.bc.ca/statreg – click on “L” and then scroll down to the Act. Under section 49 of the Community Charter, local governments may seize and impound some dangerous dogs. The local government may apply to provincial court for an order to destroy the dog. The local government does not need a specific local bylaw to exercise these powers. The Criminal Code
It’s against the Criminal Code to willfully cause unnecessary pain or suffering or injury to any animal or to willfully neglect or fail to provide suitable and adequate food, water, shelter and care for it. If you don’t take reasonable care of your dog, you could face a fine or jail term and a criminal record. And if you don’t take reasonable care to avoid endangering the safety of others, and your dog attacks and injures someone, you could be charged with criminal negligence. If your dog injures someone – common law
If your dog injures someone, that person may sue you under common law in civil court. If they succeed, you’ll have to pay them for the injuries your dog caused them. You should check with your insurance agent to find out if your house insurance would cover you in this case. Better yet, if you have a dog that is likely to bite or attack a person, always keep it under control or get rid of it. What if no bylaw, provincial law, or the Criminal Code deals with your problem?
You may have a problem that these laws do not cover. For example, your neighbour’s property may be producing a terrible smell. In this case, you could try alternative dispute resolution. It may be the best and most cost-effective way to resolve neighbour disputes, because the relationship between you and your neighbour continues and you don’t want to destroy it. For information on alternative dispute resolution, see the website of the Dispute Resolution Office of the Ministry of Attorney General at www.ag.gov.bc.ca/dro. Alternatively, you may decide to sue your neighbour. If that’s your case, you should talk to a lawyer immediately. [updated July 2007]
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