Article R 1336-5 of the Public Health Code stipulates that no particular noise must, by its duration, its repetition or its intensity, affect the tranquility of the neighborhood or the health of man, in a public or private place. It also specifies that it matters little whether the noise is caused by a person himself, through the intermediary of a person, of a thing in his custody or even of an animal placed under his responsibility. To designate these nuisances, we speak of behavioral noises.
Thus, the barking of a dog generates a disorder recognized by law and can therefore be sanctioned. It suffices that these are continual, repeated or intense, one of the three situations being sufficient to characterize the situation of uproar. In this case, we also speak of abnormal neighborhood disturbance.
This uproar can be diurnal, taking place during the day, or nocturnal, at night, which further aggravates the situation. Indeed, at night, the mere barking of the dog is enough to create a disturbance without characterization of duration, repetition or intensity.
Good to know: There are no specific times to define the nocturnal noise: it takes place when it is dark, between sunset and sunrise. There is only one condition: the author of the nocturnal uproar must be aware of the trouble it is generating and not take measures to remedy it. Thus, the noise at night is necessarily intentional.
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