STOP to free animals in the green spaces overlooking the building. In addition, the exhalations of the excrement in the abstract integrate the crime of dangerous jet of things
Farewell to free dogs in the courtyard of the building. The animal that circulates undisturbed violates the equal right of others to enjoy the common areas: children can not play in the garden. The stench of dejections in the abstract integrate the crime of dangerous jetting of things and the owner of the dog compensates the neighbor because Fido is pooped and pee at the entrance of the other's house.
Recognition of compensation for non-pecuniary damage liquidated in an equitable way with the sentence 1266 / 18, published by the first civil section of the court of Parma (single judge Angela Chiari). Accepted the injunction proposed by neighbors: the judge orders ex article 844 Cc to the owners of the dogs not to let them wander in the courtyard of the residential area. The testimonies of two family friends of the actors are decisive: they have been visiting the house for about ten years and they confirm that the door is always closed for fear that the neighbors' pets will come in, which will frighten the grandchildren. Against the defendants the fact is that the four legs are always around without the caution required by the ordinary criterion of prudence, which causes inconvenience to the condominiums, preventing them from using the courtyard. And it does not matter if the "offending" dog is one or two. Nor that the owner of the animals is only the husband: his wife also answers.
The compensation of 2.500 euro established by the judge ex article 2059 Cc also includes the costs of mediation incurred by the actors. Also on this point is the failure to adopt adequate measures to avoid disturbing the neighbors. The depositions confirm the smell of Fido's needy and the conviction against the damage occurs even if the offense ex article 674 Cp is not established by a criminal judge: the couple who says lover of the animals does not provide to clean the courtyard from the dejections nor identify spaces ad hoc: the offense of dangerous jetting of things can well be configured for olfactory harassment and is integrated in all its elements, objective and subjective.
Troublesome fumes: a classic problem, highlights Giovanni D'Agata, president of the "Rights Desk", in the problems related to the condominium universe. When these are linked to possible unpleasant odors coming from the presence of a pet, then the penal code can also come into play when it is evident that the tolerability threshold of the exhalations related to excrement and bad cleaning of Fido is exceeded.