From BZ/afp
Local residents have to accept the noise caused by a dog playground if it stays within the framework of the applicable immission guideline values. This was decided by the Berlin administrative court according to information from Monday.
It thus rejected the lawsuit filed by a local resident against a dog run in the Lichtenberg district. This was set up by the district office and is now run by a private citizens’ association.
The opening times of the fenced facility are from Monday to Saturday between 8 a.m. and 8 p.m. and on Sundays and public holidays between 8 a.m. and 1 p.m. and between 3 p.m. and 8 p.m.
A dog roams a dog run in the Lichtenberg district of Berlin Photo: picture alliance / dpa theme service | Florian Schuh
The resident stated that the noise pollution was unacceptable and that the playground was also used outside of opening hours. Dogs barking causes stress and disrupts their ability to concentrate. Relaxation or even sleep is out of the question during busy periods, even when the windows are closed. The administrative court saw things differently and dismissed the lawsuit.
The local resident could not claim the closure of the dog playground because the noises emanating from it were reasonable, the court said. It does not depend on the individual attitude of a possibly particularly sensitive person, but on the feeling of an average person.
During a noise measurement in the woman’s apartment, the permissible immission limit values of 55 decibels (A) in a residential area during the day were observed – albeit just barely. The alleged annoyance of the dog noise was taken into account with a surcharge of 9.3 decibels (A). However, it should also be taken into account that the noise is recurring during the day, but by no means continuous.
In addition, keeping dogs and the associated exercise areas were part of the typical cityscape of a large city. The construction of a dog playground therefore makes sense and could even be necessary because of the possible conflicts of use in a green area.
In view of the leash obligation that applies in principle in Berlin, it is “also necessary for reasons of animal welfare to give dogs the opportunity to move freely in accordance with their species”. By fencing the lockable dog playground, the district office also took “effective and sufficient measures to ensure compliance with the opening times”.
An appeal to the Berlin-Brandenburg Higher Administrative Court is possible against the judgment of June 9th.