I wasn't talking about a house vs an apartment; I meant I guess this is why I put up with an HOA - they establish a code of conduct that would not allow someone to have a dog that is a constant nuisance to all.
Well unless the dog was barking in the night and it will create a noise issue for you, or like others said, unless it will attack anyone else, or you can have any proves that its owner was mistreating it, you really can't do much. You have your rights, your neighbors also. They have their rights to pet a dog if they want to. Imagine that's not a dog but a baby was crying at night, do you think in most scenario people will like to call the cop and complain? Of course not saying the dog should have the same rights as human being, but at least the human whom own the dog should have certain rights also.
Some dogs you can't stop from barking, they will do it no matter what. One can live anywhere they want, but if you want to live somewhere where neighbors have the right to keep dogs, you risk having to deal with hearing the barking. Just like if you live in the city, you listen and deal with traffic noise. It comes with the territory.
You just described pretty much any typical suburban neighborhood. I don't think those tens of millions of folks living in those neighborhoods across the country feel like they have to have a survey done before moving there to gauge the "barking dog" potential. I've had dogs of my own (not my family's) since the 1960's and have never experienced a problem with them constantly barking. They've lived inside, outside, inside/outside, and somewhere in between. The only time they bark is when they should bark. When a stranger comes to the front door. When someone comes into the yard my dog isn't familiar with. When going for a walk and a weird looking guy walks up who looks like he might be trouble. Then they show their teeth and growl. They don't bark on a walk. Growling and showing their teeth is far more effective and they always seem to know that. A cute girl walks up? Tail wags and a happy grin are the response. A dog owner needs to impose his will on his or her dog. I do that by sitting the dog in front of me and having long conversations with it. That, and raising non-violent hell if they get out of line. They stop getting out of line. It helps one hell of a lot to have a smart dog, but that isn't enough. You have to put in the work. The dog owners that allow their dogs to bark constantly don't know what they are doing and shouldn't have the dog. In my humble opinion.
Incessant dog barking that is not stopped by the neighbors is rude, uncalled for and subject to various city's ordinances. This is the ordinance in the city of Houston. I assume other cities have similar ones: SECTION XV. Barking Dogs. Subdivision 1. It shall constitute a nuisance and be unlawful if any dog barks, whines, howls, bays, cries, or makes other noise excessively so as to cause annoyance, disturbance or discomfort to any individual provided that such noise continues for a period of more than five minutes and is plainly audible from a distance of 100 feet from the premises whereupon the dog is kept. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises whereupon the dog is located. Subsection 2. Penalty. A first time violation of this section shall be deemed a petty misdemeanor.
