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Brimbank City Council –

Barking Dog Reference Guide

Barking Dog

Reference Guide

Dogs are an important part of our local community,

but dogs that bark excessively or persistently can

unreasonably interfere with the peace, comfort or

convenience of others.

If you have a problem with a neighbour’s dog, this

brochure contains information that may help.

Approaching the dog’s owner in a neighborly manner and

discussing your concerns can often help to resolve this

type of complaint.

Sometimes, the dog’s owner may not realise that

the barking is causing an annoyance to other people,

because:

• The dog may only bark excessively when the owner is

not home.

• The owner may not hear the barking from some areas

in their house.

• The owner may be a very sound sleeper and has not

woken when the dog barks.

Approach your neighbour – this may resolve the

issue without further action

Council’s expectation is that you attempt to contact

the dog owner and advise them that their dog is

causing you a nuisance by barking.

In most cases, problems with barking dogs can

be worked out between neighbours. Consider

approaching your neighbour, either in person or

by sending them a letter. More often than not, the

problem can be resolved if you approach the owner

of the dog and explain the effects of the dog barking.

A sample

letter is available to

help you if you are not comfortable approaching

them in person.

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(see page 8) Sample Letter

Dogs bark for many reasons, and

even though they appear to be

“barking for no reason” they are in

fact trying to communicate something.

The main reasons dogs bark are:

• Lack of exercise

• Inadequate yard space

• Boredom or lack of stimulation\enrichment

• Inadequate shelter from weather conditions

• Hunger or thirst

• Medical conditions such as an illness or

discomfort

• Provocation

• Disturbances such as thunder, wind,

unusual sounds

• Change to family structure/separation

anxiety that can lead to destructiveness,

howling or escaping

• Movement outside the dog’s property

Whilst some barking is very normal behavior as

per the reasons listed above, it is the owner’s

responsibility to manage their dog’s barking so that

it does not become excessive and cause a nuisance.

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Brimbank City Council –

Barking Dog Reference Guide

Reference Guide

If after direct contact with your neighbour, you were

unsuccessful in resolving the problem, you will need to

complete the following to make a formal complaint to

Council.

• Identify the address where the dog resides and

provide a description of the offending dog/s.

• Complete Council’s

“Barking Dog Complaint Form”

form (see page 3)

• Complete a

“Barking Dog Log”

(see page 4) over a

continuous period of 14 days. Note down the;

— date, time and duration of nuisance noise,

— whether it was consistent (C) or intermittent (I),

— type of noise (barking, howling, whining, etc.)

— if you know the reason for the barking,

— as well as the effect dog’s barking is having on you.

You will be asked to continue to record on the Barking

Dog Log after you send in the 14 day report you already

completed. This will enable Council to move to the next

step in dealing with an issue, should the owner have not

resolved the nuisance noise.

The more evidence you have, the more impact it will have

should the matter proceed to legal action.

When Council receives a complaint from you which

includes the “Barking Dog Complaint” form and the

“Barking Dog Log”, Council will appoint an Animal

Management Officer who will contact you to discuss

the issue, what can be done and what may be needed

further from you.

The Animal Management Officer 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 and discuss

possible solutions

• Inform the dog owner of their responsibilities.

If the Animal Management Officer believes there is a

problem with the dog, they will work with the owners

until they believe that the owner has done everything

possible to help correct the barking behaviour.

The Animal Management Officer can issue a verbal

warning to the owner and/or a written warning (Notice

to Comply). Infringements may be issued to the dog

owner for failure to comply with a written notice.

Council can only commence court action if:

the owner of the dog is not complying with

Council’s request, and

the dog is a problem, and

the owner of the dog has exhausted all avenues

to resolve the problem, and

the complainant is prepared to go to court.

If at any time, Council does not receive assistance from

you in resolving this issue and you have not done what

Council has requested of you, the complaint will be

terminated and you may choose to take your own court

action.

In complaints of this nature, if the matter is not resolved,

Council’s actions are guided by the requirements of the

Domestic Animal Act 1994. The only way Council can

abate the noise completely is to go to court and obtain a

Court Order.

If no satisfactory action is taken by the dog’s owner to

resolve the problem, and reconciliation attempts fail,

leaving the problem unresolved, Council may proceed

with legal action against the dog owner at a Magistrates’

Court, and apply for a Court Order against the owner to

abate the noise.

You must complete a comprehensive diary of the dog

barking over a minimum period of two (2) weeks. This

will show any patterns of the dog’s barking behavior.

Remember that the evidence you give may be subjected

to cross-examination in a court of law.

Council will advise you to take the matter to court only if:

• It is fully established that there is a case to answer

• All avenues for reconciliation of the problems are

exhausted

• More than one person is prepared to go to court and

give evidence as well

Signature of Complainant

Date

Privacy Statement: Brimbank City Council is collecting the personal information 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 another party except as required by law.

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Brimbank City Council –

Barking Dog Reference Guide

Reference Guide

Type

- Barking / Yapping

- Whining

- Growling

- Howling

- Other (specify)

This information may assist Council staff in resolving the issue

Please note: (1) Please be aware that complaints need to be dealt with in order of priority.

(2) Should legal action be necessary, you will be required to give evidence in Court.

(3) For further information please contact Council’s Customer Service –

.

Complainant’s Signature

Date

Please return completed forms to:

Privacy Statement: Brimbank City Council is collecting the personal information 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 another party except as required by law.

Brimbank City Council

,

PO Box 70, Sunshine 3020

✉

info@brimbank.vic.gov.au



Brimbank Community and Civic Centre

301 Hampshire Road, Sunshine 3020

Keilor Community Hub

704B Old Calder Hwy, Keilor 3036

Offending Address

Date

Start Finish Type

(see below) Cause of nuisance

barking

Briefly explain how alleged

nuisance affects you

25/9/20 9pm 9.10pm 4

Fireworks/thunder Disturbed me from…. study

26/9/20 5am 5.45am 1

Unknown

Woke me up

26/9/20 9.15am 9.18am 1

car leaving

disturbed me from....

26/9/20 3pm 3.08pm 1

children walking past

waking my baby

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Brimbank City Council –

Barking Dog Reference Guide

Reference Guide

Type

- Barking / Yapping

- Whining

- Growling

- Howling

- Other (specify)

This information may assist Council staff in resolving the issue

Please note: (1) Please be aware that complaints need to be dealt with in order of priority.

(2) Should legal action be necessary, you will be required to give evidence in Court.

(3) For further information please contact Council’s Customer Service –

.

Complainant’s Signature

Date

Please return completed forms to:

Privacy Statement: Brimbank City Council is collecting the personal information 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 another party except as required by law.

Brimbank City Council

,

PO Box 70, Sunshine 3020

✉

info@brimbank.vic.gov.au



Brimbank Community and Civic Centre

301 Hampshire Road, Sunshine 3020

Keilor Community Hub

704B Old Calder Hwy, Keilor 3036

Offending Address

Date

Start Finish Type

(see below) Cause of nuisance

barking

Briefly explain how alleged

nuisance affects you

Reference Guide

Type

- Barking / Yapping

- Whining

- Growling

- Howling

- Other (specify)

This information may assist Council staff in resolving the issue

Please note: (1) Please be aware that complaints need to be dealt with in order of priority.

(2) Should legal action be necessary, you will be required to give evidence in Court.

(3) For further information please contact Council’s Customer Service –

.

Complainant’s Signature

Date

Please return completed forms to:

Privacy Statement: Brimbank City Council is collecting the personal information 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 another party except as required by law.

Brimbank City Council

,

PO Box 70, Sunshine 3020

✉

info@brimbank.vic.gov.au



Brimbank Community and Civic Centre

301 Hampshire Road, Sunshine 3020

Keilor Community Hub

704B Old Calder Hwy, Keilor 3036

Offending Address

Date

Start Finish Type

(see below) Cause of nuisance

barking

Briefly explain how alleged

nuisance affects you

Reference Guide

Type

- Barking / Yapping

- Whining

- Growling

- Howling

- Other (specify)

This information may assist Council staff in resolving the issue

Please note: (1) Please be aware that complaints need to be dealt with in order of priority.

(2) Should legal action be necessary, you will be required to give evidence in Court.

(3) For further information please contact Council’s Customer Service –

.

Complainant’s Signature

Date

Please return completed forms to:

Privacy Statement: Brimbank City Council is collecting the personal information 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 another party except as required by law.

Brimbank City Council

,

PO Box 70, Sunshine 3020

✉

info@brimbank.vic.gov.au



Brimbank Community and Civic Centre

301 Hampshire Road, Sunshine 3020

Keilor Community Hub

704B Old Calder Hwy, Keilor 3036

Offending Address

Date

Start Finish Type

(see below) Cause of nuisance

barking

Briefly explain how alleged

nuisance affects you

Reference Guide

_______ / _______ / __________

Dear Dog Owner,

You may not be aware but your dog is currently causing a nuisance in the neighbourhood by barking.

Brimbank City Council suggests 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 with Council.

The nuisance barking is generally during the following times /situations:

1: _________________________________________________________________________________

2: _________________________________________________________________________________

3: _________________________________________________________________________________

The noise is mostly:

1

- Barking

2

- Whining

3

- Crying

4

- Growling

5

- Howling

Your cooperation is all that is needed at this time to avoid this matter progressing further.

Please refer to the link below for any guidance and advice that you feel may assist you.

Thank you

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Refer to Council's

Barking Dog Owner Guide

https://www.brimbank.vic.gov.au/pets-and-animals/barking-dogs