Complaints made to local councils about barking dogs are common. Your council will have an established procedure for investigating, and taking action against, an owner whose dog is allowed to bark excessively. Your council may require more than one complaint to progress an investigation. Your council may require you to keep a log of when, and for how long, the dog is barking.

Talk to neighbours to see if they share your concerns. If they do, encourage them to write to the local council too. Having multiple complaints enables your local council to make a stronger case for action to be taken and ensures that it has the appropriate standard of evidence to prove a case in court, if required.

If your local council identifies a serious or ongoing problem, it may issue a nuisance order requiring the owner to prevent the dog barking.

You may also wish to consider taking independent legal action by seeking a noise abatement order under the Protection of the Environment Operations Act 1997 through your local court.

Your local council will have an established procedure for investigating, and taking action against, an owner whose dog is allowed to cause a nuisance by:

• routinely roaming; or
• repeatedly defecating on private property, other than the property on which it is ordinarily kept; or
• running at or chasing a person, animal (other than vermin or in the course of droving, tending, working or protecting livestock) or vehicle; or
• endangering the health of a person or animal (other than vermin or in the course of droving, tending, working or protecting livestock); or
• repeatedly causing substantial damage to anything outside the property on which it is normally kept.

Your council may require more than one complaint to progress an investigation. Talk to neighbours to see if they share your concerns. If they do, encourage them to write to council too. Having multiple complaints enables your council to make a stronger case for taking action and ensures that it has the appropriate standard of evidence to prove a case in court, if required.

Your council may ask you to keep a log of:

• when the dog is straying onto your property; and/or
• when it is damaging or otherwise interfering with your property; and/or
• when it is chasing people or other animals; and/or
• when it is endangering the health of people or other animals.

If your local council identifies a serious or on-going problem, it may issue a nuisance order requiring the owner to prevent the problem specified in the order. If the problem persists, the council may issue penalty notices for first and repeat offences, with the amount of the fine increasing for the second offence.

The maximum penalty for failure to comply with a nuisance order issued in relation to a dog is $880 for a first offence and $1,650 for a second or subsequent offence.

Barking

Barking is one of the ways in which dogs communicate and can signify anything from playfulness to danger. However, dogs sometimes bark because they are bored or frustrated when confined and/or because they are under-exercised and under-stimulated. Dogs may also bark because they are provoked, untrained, sick, neglected or being abused.

If you have received a nuisance order and your dog continues to bark, you may be liable for a maximum penalty of $880 for a first offence and a maximum penalty of $1,650 for any further offences. It is in you and your neighbours’ interests and in the interests of the health and well-being of your dog to stop it from barking excessively. In most instances, you can achieve this through training and by ensuring that your dog is well nourished, regularly exercised and not bored.

For more information on how to prevent your dog from barking excessively, visit the NSW Office of Environment & Heritage’s Dealing with barking dogs webpage.

Straying, damaging property, chasing people or other animals, endangering the health of people or other animals

The Companion Animals Act 1998 requires you to keep your dog under control at all times, whether on or off your premises. It also requires you to prevent your dog from straying. To help achieve this:

• secure your property to prevent your dog from escaping by erecting appropriate fencing and gates with dog-proof latches.
• ensure that your dog is controlled by a leash when in a public place (with the exception of council-designated leash-free areas)
• train and socialise your dog.

You are also strongly encouraged to have your dog desexed. This will reduce the likelihood of your dog straying and reduce fighting, aggressive and other anti-social behaviour, such as spraying to mark territory.

If you cannot afford to have your dog desexed, talk to your vet or an approved animal welfare organisation, as they may be able to help.

In the first instance, speak to the owner of the cat and try to find a mutually-agreeable solution to the problem. If this proves unsuccessful or you are not comfortable with this approach, contact your local council.

Your local council will have an established procedure for investigating, and taking action against, an owner whose cat is allowed to cause a nuisance by making excessive noise and/or damaging or otherwise interfering with property.

Your council, may require more than one complaint to progress an investigation. Talk to neighbours to see if they share your concerns.

If they do, encourage them to write to the local council too. Having multiple complaints enables your local council to make a stronger case for taking action and ensures that it has the appropriate standard of evidence to prove a case in court, if required.

Your local council may ask you to keep a log of when the cat is damaging or otherwise interfering with your property and/or making excessive noise.

If your local council identifies a serious or ongoing problem, it may issue a nuisance order requiring the cat’s owner to prevent the behaviour specified in the order. If the problem persists, your local council may issue penalty notices, with the amount of the fine increasing for the second offence.

The maximum penalty for failure to comply with a nuisance order issued in relation to a cat is $330 for a first offence and $880 for a second or subsequent offence.

The Companion Animals Act 1998 does not require you keep your cat indoors. However, you are encouraged to keep your cat indoors at night, as there are benefits for the cat and the community:

• Fighting and ‘cat calling’ are more of a problem at night, as the unwanted noise is likely to be intrusive and disturb neighbours’ sleep. By keeping your cat indoors at night, you are reducing the likelihood that it will be injured in a fight and/or disturb your neighbours’ sleep.
• Many kinds of wildlife are more active at night and therefore more vulnerable to hunting. There is also evidence that cats hunt more during the night than during the day.
• By keeping your cat indoors at night, you can help reduce the number of native animals and birds that are killed in your area (note, that under the Companion Animals Act 1998, cats are prohibited from wildlife protection areas, as well as from public areas where food is prepared or consumed. Wildlife protection areas are designated by the local council and must be signposted).

You are also encouraged to have your cat desexed. This will reduce the likelihood of your cat straying and reduce aggression, fighting and other anti-social behaviour, such as spraying to mark territory.

If you cannot afford to have your cat desexed, talk to your vet or an approved animal welfare organisation, as they may be able to help.