Barking dog dealing with a - Victoria's Largest and Most Vibrant Municipality
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dealing with a
barking dog
Victoria’s Largest and Most Vibrant Municipality
contents Why dogs bark 1 Talking to your Neighbour 2 Legal Requirements for Court Action 3 Letter to your Neighbour 4 Some simple tips for reduced barking 5 Council Action 6 Court Orders 6 Lodging a Complaint with Council 7 Barking Dog Complaint Form 8 How to Complete a Barking Dog Diary 10 Barking Dog Diary 12 Dog Obedience 16 Useful Numbers 16 introduction Dogs are an important part of our local community, but dogs that bark excessively can become a source of irritation for neighbours and others using the local environment. Our best friend can, if it barks continually, become an intrusion and create friction between neighbours. The City of Casey receives numerous complaints regarding nuisance noise from barking dogs. Approaching the dog’s owner in a neighbourly manner and discussing your concerns with them can sometimes easliy resolve this type of complaint. The dog’s owner may not realise that the barking is causing an annoyance to other people. • The dog may only bark excessively when the owner is not home. • The owner may not hear the barking from various areas within the house. • The owner may be a very sound sleeper and not woken when the dog barks. The information in this brochure has been adapted from publications produced by Knox and Moreland City Councils. Thanks to Knox and Moreland City Council’s for their cooperation and assistance.
why dogs bark
Dogs bark for many reasons, and even though they appear to be “barking for
no reason” they are in fact trying to communicate something to their owner or
anyone who is willing to pay attention.
The following list provides some of the main reasons why dogs bark:
• Lack of exercise
• Inadequate yard space
• Boredom or lack of stimulation, both mental and physical
• Not enough human companionship
• Inadequate shelter from weather conditions
• Hunger or thirst
• Medical condition such as an illness or discomfort
• Provocation
• Disturbances
• Change to family structure/separation anxiety that can lead to
destructiveness, howling or escaping
• Movement outside the dog’s property
Of course dogs also bark to alert their owners of
trouble, such as an intruder entering the property
or perhaps a fire. Remember, a dog’s idea of
an “Intruder” may differ from that of the owner. It
could include cats, possums, other dogs, or even
birds flying across the property.
Whilst it is acceptable for a dog to bark to
warn its owners of an intruder, it is the owner’s
responsibility to train the dog not to bark at
“normal” occurrences such as possums, cats,
birds etc.
Barking at normal movement/noises from
adjoining properties should be considered to be
unacceptable behaviour.
1talking to your neighbour
Neighbours can help each other to solve barking problems by communicating
to each other their concerns and needs. Neighbours can assist by identifying
the reasons for excessive barking and noting what is happening in the area
when the dog is barking.
A neighbour may be in a position to offer to exercise a dog when its owner is
unable to do so due to work commitments, illness or other reasons. Approach
your neighbour and offer this service. It will also help build your relationship
with the dog.
As mentioned earlier, the owner of the offending dog may not know the animal
is causing a nuisance.
Try the following steps to attempt to resolve the issue in a neighbourly manner:
1. Approach the dog’s owner when the problem arises and state your case
clearly and politely. He or she may not be aware of the barking situation.
Provide the dog owner or keeper with a copy of the diary contained in this
brochure.
If the dog owner is unapproachable or you are not comfortable approaching
them, try placing the ‘ Dear Neighbour’ letter contained in this brochure into
their letterbox.
2. If the neighbour takes no action or does not agree that a problem exists,
you should contact the Department of Justice which funds a Dispute
Settlement service for people who find themselves in a situation of dispute/
conflict with another person. This service uses mediation as a way of
settling neighbourhood disputes without expensive legal action. It is a
private and free service.
Dispute Settlement Centre of Victoria
4th Floor 456 Lonsdale Street, Melbourne 3000
T: 9603 8370 F: 9603 8355 E: dscv@justice.vic.gov.au W: www.justice.vic.gov.au
If these options are not successful, residents should contact an Animal
Management Officer at The City of Casey on 9705 5200.
In most cases the issue/s can be resolved between neighbours prior to lodging
a complaint with Council.
2legal requirements
for court action
In complaints of this nature Council must comply with the provisions of the
Domestic (Feral and Nuisance) Animal Act 1994. The primary method
available to Council to abate the noise completely is to go to court and obtain a
court order.
To take a barking dog complaint to court you will be required, to give evidence
in court. The evidence, along with other neighbours who can support the claim
of the dog/s barking, will be critical in convincing a Magistrate that the dog is
causing a nuisance.
It is important you and at least another neighbour keep a comprehensive diary
over a period of time that shows the patterns of the dog’s barking behaviour.
Remember in a court of law the evidence you give may be subjected to cross-
examination.
Council will consider taking the matter to court if:
• It is fully established that there is a case to answer.
• All avenues for reconciliation of the problems are exhausted, and
• More than one person from affected houses are prepared to give evidence
at court.
Council will not get involved
in any unrelated domestic
dispute between you and your
neighbour.
3letter to your neighbour
Dear Neighbour,
You may not be aware but your dog is currently causing a noise nuisance in
the neighbourhood by barking.
I have discussed this problem with the City of Casey who has suggested that
as a first step, I express my concern to you, to allow you the opportunity to
rectify the situation without recording an official complaint against you.
On the back of this letter is some information that may be of assistance to you
in resolving the problem.
Your co-operation at this stage would be much appreciated to avoid this matter
progressing any further.
Your Neighbour.
PS...
Your dog appears to bark at the following times:
For the following reason(s):
4some simple tips
for reducing barking
• Make sure that you do not reward your dog for barking too much.
Don’t let the dog inside or give it attention when it barks.
Instead, give the dog attention when it is quiet.
• If the dog is barking at people or noises on the other side of a fence, move
the dog to another part of the yard, or put up a barrier to keep the dog away
from that area.
• If the dog barks at regular disturbances such as children walking to school
or rubbish trucks, keep the dog inside or in an enclosed area at these times.
• If the dog races along a path or fence barking at passing distractions, put
barriers or obstacles in the dog’s
way to slow it down.
• Ensure that the dog has adequate
exercise and obedience training.
• Make sure that the dog has
food, water and shelter from the
weather.
• If the dog is barking at gaps and
cracks in the fence, fill them in.
• If the dog is barking at people it
can see passing by, try blocking
the dog’s view.
• Teach the dog to stop barking on
command. When the dog is barking give a firm command such as “cease”
and call the dog to you. Praise the dog when it stops barking.
• Attend accredited dog obedience training.
Dogs bark for many reasons and, if these simple tips do not help you,
seek further advice.
5council action
On receipt of a barking dog complaint, Council will appoint a Ranger (Animal
Management Officer) who will:
• Study the diary to establish barking patterns to try to determine the reason
for the dog’s barking
• Confirm that other nominated residents are being affected by the dog’s
barking
• Advise the dog owner of the complaint, discuss possible solutions and
inform them of their responsibilities.
If the Ranger believes that there is an issue with the dog/s, a Notice to Comply
to abate the barking can be issued.
court orders
Where an order has been made by a Magistrates’ Court it must be complied
with. Failure to do so is an offence, and a Magistrate may impose further
penalties.
Council will only start taking court action if:
1. the owner of the appropriate dog/s is not responding adequately to
Council’s request, and
2. the dog/s continues to be a problem, and
3. you and other corroborated neighbour/s are prepared to go to court.
The success of any court action relies on the support and assistance of the
complainant and other neighbours supporting the complainant. If relevant
information is not provided, Council is unable to pursue the matter.
6lodging a complaint
with council
To lodge a complaint with Council you must first document that you have:
• Spoken with your neighbour and have tried to resolve the problem with
them.
• Identified other immediate neighbour/s who are also affected by the
barking.
• Attempted to resolve the issue through an independent party like the
Dispute Settlement Centre of Victoria.
Then you can start the procedure for lodging a barking dog complaint as
follows:
• Identify the correct address and description of the offending dog/s.
• Keep a diary of the dog’s barking habits for a period of fourteen days,
noting the date, time, weather conditions and duration of barking, and the
reason, as well as the effect the dog’s barking is having on you.
• Complete the ‘Barking Dog Complaint Form’.
• Forward to Council the Barking Dog Complaint form and fourteen day diary
that has been completed by you and by one other or more neighbours who
are also affected by the barking.
• Continue to keep a diary of the dog’s barking habits for a further month.
This will monitor whether the problem continues or improves as a result of
any action taken.
• If available, use a video camera to record the intensity of the barking.
• Contact other neighbours/s affected who are prepared to corroborate with
you about the barking dog/s.
7barking dog
complaint form
This document and the log sheet must be completed in full, signed and
returned to the City of Casey within 7 days of completion (please PRINT all
details)
Complainant’s Name:
(your name)
Address:
(your address)
Contact Phone:
(home) (work) (mobile)
Address of Barking Dog(s):
Description of Barking Dog (s):
(Colour and Breed of Dog/s)
Have you verified where the barking is coming from? Yes/No
Have you seen the dog/s barking? Yes/No
Have you spoken to the dog/s owner/s about this problem? Yes/No
Have you attempted to have the matter mediated? Yes/No
Have you discussed this problem with your neighbours? Yes/No
If YES, are they prepared to support your claim? Yes/No
If YES, please supply their name and address and contact details below:
Name 1:
Address:
Contact Phone:
8Name 2: ______________________________________________________
Address: ______________________________________________________
Contact Phone: _________________________________________________
Statement of Complaint
I, the undersigned, wish to lodge a formal complaint with the City of Casey in
relation to the dog(s) described above from____________________________
______________________________________________________________
(address)
regarding a barking concern.
Signature of Complainant: ______________________ Date: / /
Privacy Notification - The City of Casey
The City of Casey is collecting the personal information on this form for the
purpose of gathering information applicable to this complaint. The information
will be used for investigating the complaint and will not be disclosed to any
other party except as required by law. If you fail to provide the information, no
action can be taken in regards to this complaint.
9how to complete a
barking dog diary
Your accuracy in recording the nuisance barking is of extreme importance as it
may be presented as evidence in Court.
Please create a detailed diary over a two-week period as the example
indicated below and attach the diary to the Barking Dog Complaint Form.
Commencement Date: / /
Example Diary Entries
* Intermittent - non-continual barking, start then stop
* Continuous - continual non-stop barking
Date of Time Time Intermittent (I) * Barking for Reason for barking
Barking Barking Barking Continuous (C) * how long? (Person walking past,
Dog Started Stopped weather, another animal,
aircraft, etc)
12/05/09 3:00 pm 3:02 pm 4 barks Nobody in street
12/05/09 3:10 pm 3:13 pm 8 barks Man walking dog
12/05/09 3:18 pm 3:18 pm 2 barks Nobody in street
12/05/09 3:28 pm 3:30 pm 16+ barks Children in street
12/05/09 3.33 pm 3:33 pm 3 barks Nobody in street
12/05/09 3:45 pm 3:47 pm 6 barks Plane passing over
12/05/09 3:52 pm 3:52 pm 2 barks Nobody in street
12/05/09 3:58 pm 4:03 pm 16+ barks Cat on fence
12/05/09 5:22 pm 5:24 pm 10+ barks Neighbour returned
home
This may seem excessive, but remember, you may be required to present this
diary before a Magistrate as accurate and concise evidence.
Forward completed ‘Barking Dog Complaint Form’ and ‘Barking Dog Diary’
in person to:
Local Laws Administration
The City of Casey, Magid Drive, Narre Warren, Victoria 3805
10barking dog diary
*Please photocopy this blank form, if more entries are required to record barking
Commencement Date: / /
* Intermittent - non-continual barking, start then stop
* Continuous - continual non-stop barking
Date of Time Time Intermittent (I) * Barking for Reason for barking
Barking Barking Barking Continuous (C) * how long? (Person walking past,
Dog Started Stopped weather, another animal,
aircraft, etc)
Initials of Complainant/
Corroborated Neighbour
12barking dog diary
*Please photocopy this blank form, if more entries are required to record barking
Commencement Date: / /
* Intermittent - non-continual barking, start then stop
* Continuous - continual non-stop barking
Date of Time Time Intermittent (I) * Barking for Reason for barking
Barking Barking Barking Continuous (C) * how long? (Person walking past,
Dog Started Stopped weather, another animal,
aircraft, etc)
Initials of Complainant/
Corroborated Neighbour
13barking dog diary
*Please photocopy this blank form, if more entries are required to record barking
Commencement Date: / /
* Intermittent - non-continual barking, start then stop
* Continuous - continual non-stop barking
Date of Time Time Intermittent (I) * Barking for Reason for barking
Barking Barking Barking Continuous (C) * how long? (Person walking past,
Dog Started Stopped weather, another animal,
aircraft, etc)
Initials of Complainant/
Corroborated Neighbour
14barking dog diary
*Please photocopy this blank form, if more entries are required to record barking
Commencement Date: / /
* Intermittent - non-continual barking, start then stop
* Continuous - continual non-stop barking
Date of Time Time Intermittent (I) * Barking for Reason for barking
Barking Barking Barking Continuous (C) * how long? (Person walking past,
Dog Started Stopped weather, another animal,
aircraft, etc)
Initials of Complainant/
Corroborated Neighbour
15dog obedience
To get your dog into good habits it is recommended that you enrol your dog into
a dog obedience club. Qualified instructors will teach owners how to walk their
dogs on a loose lead, to get it to sit, stand and drop on command.
This is generally followed by expanded exercises to include stay, recall and
stand for examination. Socialisation with other dogs and people is important
and this is heavily emphasised.
As the dogs and handlers progress through the classes the exercises are
refined so that eventually the dogs respond to their handlers commands
whether on or off lead.
useful contacts
Berwick Obedience Dog Club 9779 3010
Hastings and District Obedience
Dog Club 5977 6769
Westernport Dog Obedience 5996 1256
Australian Dog Training 9761 2772 www.australiandogtraining.com.au
Alpha Dog Training 9761 2772 enquiries@alphadogtraining.com.au
Victorian Canine Association 9776 2255 www.vca.org.au
Canine Innovations 0403 164 232 www.canineinnovations.com.au
Bark Busters 1800 067 710
Anti barking Spray Collar 9360 9382 www.absaustralia.com
Any organisation listed on the information page does not constitute an
endorsement by the City of Casey.
16City of Casey
Magid Drive
Narre Warren
Telephone: 03 9705 5200
Facsimile: 03 9704 9544
TTY: 9705 5568
TIS: 131 450
(Translating and Interpreting Service)
PO Box 1000
Narre Warren VIC 3805
email: caseycc@casey.vic.gov.au
website: www.casey.vic.gov.au
For further information, or if you would like this publication in
braille, audio or translated, please contact the City of Casey
Customer Service Centres
Cranbourne
Centro Cranbourne
Narre Warren
Magid Drive
Narre Warren South
Amberly Park Shopping Centre
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