Even if Article 1138 of the Civil Code, as enacted after the 2012 reforms, states that condominium regulation laws cannot prohibit the keeping or possession of pets. stick i Condominium Risks may be involved. This provision undoubtedly reflects the importance recognized by our legislation in the presence of pets in our homes. This certainly does not mean that any behavior from a trusted friend of a person should be tolerated. If the dog is especially the noise Because it barks, for example, all night, the owner may suffer the consequences of its misbehavior. Often, in fact, the presence of pets within condominium buildings causes disputes and subsequent legal disputes.
In addition to risking punishment for the crime of disturbing the peace or compensation for damage to neighbors, it is also possible to be condemned, as the Court of Florence said in a recent decision. Pursuit crime. Let’s take a closer look at the position of Judge of Merit and, in general, what dog (and cat) owners should look out for if they want to avoid legal consequences for their pets’ behavior.
What is the crime of condominium stalking?
Owning or keeping a dog in your apartment is a right that cannot be denied even by prohibitions in condominium regulations. However, you need to be very careful to avoid unpleasant surprises. Having a dog that barks persistently and annoys the neighbors can even pose a problem. Pursuit crime Penal Code of Pakistan is governed by Article 612. Therefore, if a dog makes too much noise, even considering that barking is the animal’s right and part of its nature, the owner may also face criminal sanctions.
Generally, the crime of stalking exists when a person commits a crime. Aggressive actions or the threat thereof They repeat themselves Over time to another subject, with the effect of creating a state of victimization restlessness, fear or forces them to change their habits. The law does not specify which harmful behaviors must be applied. What is important to the stipulation of guilt is that the conduct is apt to cause the emotional states described above. In essence, the offender’s behavior results in so much annoyance to the person who endures it, that it turns his life into a veritable nightmare.
It is possible to arrange not only stalking or harassing messages and phone calls, as stated in the recent judgment of the Court of Florence. stalking condominium When the offense occurs through harmful conduct adopted in the context of the condominium structure. It could be a neighbor who is annoying or very curious or whose behavior is intimidating, but also the behavior of a dog whose barking has become excessive and annoying over time due to its repetition. be The owner who does not prevent such harassment to the detriment of the health of his neighbors may be condemned to stalk like a jealous lover. Here, if the dog’s barking keeps you awake at night, makes you keep the windows closed even in summer, causes stress or even forces you to move your house, the owner must have the animal. Failure to manage properly may be reported. . Crime is punished. Jail sentence Imprisonment for 1 to 5 years and More Up to 20,000 euros at the judge’s discretion.
What are the responsibilities of a dog owner?
A stalking offense is not the only consequence if the animal starts barking all day or night. It is also against the law to let a dog roam without a leash or muzzle in a communal garden or yard. The liability of the owner of the animal for such facts may be imposed in other cases as well.
Let’s start because it is not possible to prevent a condominium owner from keeping a dog in his apartment, but the owner of the animal must still respect the rules that are prohibited. Annoying noise, Unpleasant odor And what is imposedHygiene in common areas. Last but not least, rules should be given utmost attention to protect i.Protecting othersEspecially in the presence of a dangerous and aggressive animal. Not keeping an animal without due care, as well as entrusting it to an inexperienced person, is an offense mentioned in the article. 672 criminally sanctioned.
In short, if the dog has a right to bark, the barking should not threaten the peace of the condominium as if the dog is left alone in the house or garden for long periods of time. If odors or uncollected excreta are added, coexistence problems within the condominium are almost certain.
It should be noted that the animal, be it a dog or a cat, should not harm people or other people’s property. To prevent this from happening, the owner will need to closely monitor their pet.
Disturbance of public peace
Please also remember that the constant barking of a dog has criminal relevance, not only in terms of its pursuit, against the owner of the animal, the crime of disturbing the work and rest of the people, punishable in the article. . 659 of Penal Code withArrest Up to and including 3 monthsok Up to €309 This disturbing behavior, intended to affect public tranquility, is subject to the protection of the legislator.
What precautions are there in case of odors or disturbing noises?
Even from a civilian perspective, it’s possible to protect yourself when faced with a particularly noisy neighbor’s pet. A cat or dog should never produce unpleasant odors or annoying noises because, according to the article 844 Neighbors under the Civil Code will be able to invoke the protection provided by law, according to which in this case Voice input O Olfactory intolerance A judge may be requested to intervene to prevent disruptive behavior.
After the judge’s order, the owner will be required to adopt a series. Precautions To avoid repetition of harmful events. In extreme cases, when the protection of public health is compromised and is deemed to override the right to keep animals, removal from the condominium building may also be ordered (such as diseases and conditions related to public hygiene). strongly linked to health).
