Can I sue a neighbor over a barking dog under state law?

Yes. NDCC chapter 42-01 lets you bring a private nuisance action seeking damages and an injunction when barking substantially interferes with the reasonable use and enjoyment of your property.

Do I need to call animal control before suing?

No, but documenting calls and complaints helps prove the nuisance. Courts often weigh whether the dog owner had notice and an opportunity to fix the problem before litigation.

Can a city ordinance eliminate my right to sue?

No. Municipalities can add their own animal-control rules but cannot abolish private nuisance remedies created by state statute. The state cause of action remains available statewide.

North Dakota Barking Dog Law (2026)

Key Facts

Nuisance statute: NDCC 42-01-01
Abatement authority: NDCC 42-01-08
Private remedy: Civil suit available
Geographic scope: Entire state
Local override: Cannot eliminate remedy

Source: North Dakota Legislative Branch

Full Breakdown

NDCC 42-01-01 defines a nuisance as anything injurious to health, indecent, offensive to the senses, or that obstructs the free use of property, including noises that interfere with reasonable enjoyment. Persistent barking is recognized in case law as a private nuisance. NDCC 42-01-08 allows civil actions to abate the nuisance and recover damages, while NDCC 42-02 lets neighbors seek injunctive relief. These statutory remedies apply in every city and unincorporated area of North Dakota. They operate alongside, not in place of, municipal animal-control ordinances, giving residents a uniform baseline cause of action.

Violations & Penalties

Civil damages payable to neighbors; abatement orders requiring removal or muzzling; attorney fees if statute permits; contempt sanctions for ignoring injunctions.

North Dakota State Law on Public Nuisance Animals

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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