Dealing With A BarkingDog - Moreland City Council
Barking Dog6/5/053:51 PMPage 1Dealing with aBarking Dogfifi
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Barking Dog6/5/053:51 PMPage 1ContentsIntroduction2Why dogs bark3Neighbourhood communication4Your legal requirements for court action5Lodging a complaint with Council6Council action7How to complete a Barking Dog Diary8Barking Dog Complaint Form9Barking Dog Diary10–13Acknowledgment / Declaration Form14Dear Neighbour letter15Some simple tips for reducing barking161
Barking Dog6/5/053:51 PMPage 2IntroductionDogs are an important part of our local community, but dogs that barkexcessively can become a source of irritation for neighbours and othersusing the local environment. Our best friend can, if it barks continually,become an intrusion and create friction between neighbours.Moreland City Council receives numerous complaints regarding nuisancefrom barking dogs. Approaching the dog’s owner in a friendly manner anddiscussing your concerns with them, sometimes easily resolves this typeof complaint.The dog’s owner may not realise that the barking is causing anannoyance 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 sound sleeper and not get disturbed when the dog barks.2
Barking Dog6/5/053:51 PMPage 3Why dogs barkDogs bark for many reasons, and even though they appear to be‘barking for no reason’ they are in fact trying to communicate something totheir owner or anyone who is willing to pay attention.The following are some of the main reasons why dogs bark: lack of exercise; inadequate yard space; boredom; not enough human companionship; inadequate shelter from weather conditions; hunger or thirst; a medical condition; provocation; disturbances; changes to family structure or movementOf course dogs also bark to alert their owners of trouble, such as anintruder entering the property or perhaps a fire. Remember, a dog’s ideaof an ‘intruder’ may differ to 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 owner of an intruder, itis the owner’s responsibility to train the dog not to bark at ‘normal’occurrences such as possums, cats or birds.Barking at normal movements or noises from adjoining properties shouldbe considered to be unacceptable behaviour.3
Barking Dog6/5/053:51 PMPage 4Neighbourhood communicationNeighbours can help each other to resolve barking problems bycommunicating their concerns and needs. Neighbours can assist byidentifying the reasons for excessive barking and noting what ishappening in the area when the dog is barking.A neighbour may be in a position to offer to exercise a dog when itsowner is unable due to work commitments, illness or other reasons.Approach your neighbour and offer this service. It will also help build yourrelationship with the dog.Don’t forget, the owner of the offending dog may not know the animal iscausing 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 caseclearly and politely. He or she may not be aware of the barkingsituation. Provide the dog owner or keeper with a copy of the diarycontained in this brochure.If the dog owner is unapproachable or you are not comfortableapproaching them, try placing the Dear Neighbour letter available onpage 15 of this booklet into their letterbox.2. If the neighbour takes no action or does not agree that a problemexists, you should contact the Department of Justice which funds adispute settlement service for people who find themselves in a situationof dispute or conflict with another person.This service uses mediation as a way of settling neighbourhooddisputes without expensive legal action. It is a private and free service.The service offers specially trained mediators who will help you bothfind a workable solution.Dispute Settlement Centre4th Floor, 456 Lonsdale StreetMelbourne 3000Phone: 9603 8370 Fax: 9603 8355Email: dscv@justice.vic.gov.auIn most cases the solution can be found by communication betweenneighbours and should be sought prior to lodging a complaint with yourCouncil.4
Barking Dog6/5/053:51 PMPage 5Your legal requirements for court actionIn complaints of this nature Council can only do what is stated in theDomestic Animals Act 1994. The only way Council can abate the noisecompletely is to go to court and obtain a court order.To take a barking dog complaint to court you are required, as thecomplainant, to provide all the information as it is you, not the Councilwho will need to convince a Magistrate that the dog is a nuisance.You must keep a comprehensive diary over a period of time that showsthe patterns of the dog’s barking behaviour. Remember, in a court of lawthe evidence you give may be subjected to cross-examination.Council will advise you to take 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; andCouncil will not get involved in any domestic dispute between you andyour neighbour. If this happens, Council will inform you to take your ownlegal action.If you don’t understand what you have just read, then you should seeklegal advice.5
Barking Dog6/5/053:51 PMPage 6Lodging a complaint with CouncilTo lodge a complaint with Council you must first show that you: have spoken with your neighbour and have tried to resolve the problem with them; or have attempted to resolve the issue through an independent party like the DisputeSettlement Centre of Victoria.Then you can start the procedure for lodging a barking dog complaint as follows: identify the correct address of the offending dog; complete the Barking Dog Complaint Form in the centre of this booklet; keep a diary of the dog’s barking habits for a period of two (2) weeks, noting thedate, time, weather conditions and duration of barking, and the reason as well as theeffect the dog’s barking is having on you; forward to Council the Barking Dog Complaint Form and your completed 14 daydiary signed by you and one other neighbour who is also affected by the barking; and continue to keep the diary of the dog’s barking habits for a further month. This willmonitor whether the problem continues or improves as a result of any action taken.6
Barking Dog6/5/053:51 PMPage 7Council actionCouncil will appoint a ranger - animal management officer - who will: Study the diary to establish barking patterns to try to determine thereason for the dog’s barking. Confirm that other nominated residents are being affected by thedog’s barking. Advise the dog owner of the complaint, discuss possible solutionsand inform them of their responsibilities.If the ranger believes there is a problem with the dog, the ranger will workwith the owner until they believe that the owner has done everythingpossible to help correct the barking behaviour.Council will only start taking court action if the ranger believes:1. the owner of the dog is not complying with Council’s request, and2. the dog is a problem, and3. the owner of the dog has exhausted all avenues to resolve theproblem, and4. the complainant is prepared to go to court.If, at any time, Council believes you are not taking an interest in thecomplaint and have not done what Council has requested of you, thecomplaint will be terminated and you will have to take your own courtaction.Remember, Council reserves the right at any time to terminate all actionunder State Government legislation.IF YOU DON’T UNDERSTAND WHAT YOU HAVE JUST READ, THENYOU ARE ADVISED TO SEEK LEGAL ADVICE.7
Barking Dog6/5/053:51 PMPage 8How to complete a Barking Dog DiaryYour accuracy in recording the nuisance barking is of extreme importance as itmay be presented as evidence in court. Please create a detailed diary over atwo-week period as the example indicated below and attach the diary with thecomplaint form.Example diary entriesThis may seem excessive, but remember, you may be required to presentthis diary before a Magistrates Court as accurate and concise evidence.Forward your completed form and diary to:Animal Management OfficerMoreland City CouncilLocked Bag 10Moreland 30588
Barking Dog6/5/053:51 PMPage 9 BARKING DOG COMPLAINT FORMThis document, barking dog diary and acknowledgment /declaration form must be completed in full, signed and returnedto Moreland City Council within seven days of completion.(PLEASE PRINT ALL DETAILS)Complainant’s name:(Your name)Address:(Your address)ContactPhone Home:Business:Mobile:Address of offending dog/s:Description of dog/s:(Colour and breed of dog/s)Are you prepared to attend Court as a Victim/Witness andgive evidence?Have you verified where the barking is coming from?Have you seen the dog/s barking?Have you spoken to the neighbours about this problem?Have any of your neighbours mentioned this problem to you?If YES, are they prepared to support your claim?YES/NOYES/NOYES/NOYES/NOYES/NOYES/NOIf YES, please supply their name and address and contact details below:Name:Address:Phone:9
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Barking Dog6/5/053:51 PMPage 10 Acknowledgment / Declaration FormI, the undersigned, wish to lodge a formal complaint with the Moreland CityCouncil in relation to the dog/s described above which bark persistently tosuch a degree that it unreasonably interferes with my (peace), (comfort) or(convenience) in my premises. (Please strike out items not applicable inbrackets)I solemnly and sincerely declare that all information contained withinthe complaint form and barking dog diary are true and correct. I makeit in the belief that a person making a false declaration inthe circumstances is liable to the penalties of perjury.Note: The below is to be signed before an Authorised Witness*Declared at:This day of 20Signature of person making this declaration[To be signed in front of an Authorised Witness]Before me;Signature of Authorised Witness* The Authorised Witness must print or stamp his or her name, address and title under Section 107A of theEvidence (Miscellaneous Provisions) Act 1958 (as of 1 January 2010),(previously Evidence Act 1958), (eg.Justice of the Peace, Pharmacist, Police Officer, Court Registrar, Bank Manager, Medical Practitioner, Dentist).For a full list of approved Authorised Witness', refer to Section 107A of the Evidence (Miscellaneous Provisions)Act 1958 (as of 1 January 2010), (previously Evidence Act 1958).Privacy Statement:Council is collecting the personal information on this form for the purpose ofgathering information applicable to this complaint. The information will be used forinvestigating the complaint and will not be disclosed to any other party except asrequired by law. If you fail to provide the information, no action can be taken inregards to this complaint.Forward your completed form and diary to:Animal Management OfficerMoreland City CouncilLocked Bag 10Moreland 305814
Barking Dog6/5/053:51 PMPage 15Dear Neighbour,You may not be aware butyour dog is currentlycausing a noise nuisancein the neighbourhood bybarking excessively.I have discussed this problem with MorelandCity Council and have been advised that as afirst step, I express my concern to you, to allowyou the opportunity to rectify the situationwithout recording an official complaint againstyou on Council’s file.On the back of this letter is some informationthat may be of assistance to you in resolving theproblem.Your co-operation at this stage is all thatis needed to avoid this matter progressing anyfurther.Your Neighbour,15
Barking Dog6/5/053:51 PMPage 16Some 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 dogattention when it is quiet. If the dog is barking at people or noises on the other side of a fence, move the dogto 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 orrubbish 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 orobstacles 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 through 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. An anti-barking collar may be useful for some, but not all, barking dogs. ContactMoreland City Council’s animal management officers on 9240 1134 for furtherinformation. Teach the dog to stop barking on command. When the dog is barking give a firmcommand such as ‘cease’ and call the dog to you. Praise the dog when it stopsbarking. If the dog will not listen to you, it will need obedience training.Remember, dogs bark for many reasons. If these simple tips do not helpyou, seek further advice.MythIt is natural for dogs to bark a lot.False!Barking is one of the dog’s main ways of communicating. However, it is notnormal for a dog to bark at every noise, passer by, nor to bark for long periodsof time.16
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Barking Dog6/5/053:51 PMPage 18For further information contact:Moreland City Council90 Bell StreetCoburg 3058Tel: 03 9240 1111Fax: 03 9240 1212Email: info@moreland.vic.gov.auTTY: 9240 2256Or visit our web site at www.moreland.vic.gov.au
Barking Dog 6/5/05 3:51 PM Page 7 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.
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