Barking dogs create more disputes between neighbours than any other issue, with The City of Newcastle receiving more that 3,000 complaints every year.

Barking is simply one way dogs communicate and can mean anything from playfulness to danger.

Some dogs bark because they are:

• Chained to a fixed point and don’t have enough room to move around
• Being provoked deliberately or unintentionally by people or other roaming animals
• Not getting enough exercise
• Not properly trained
• Lonely, sick, hungry, or generally neglected.

Chronic or excessive barking is a sign that something is wrong and can be a nuisance to others in the community. Sometimes stopping a dog from barking can be as simple as taking care of their basic needs.

Owners of dogs have responsibilities under the Companion Animals Act 1998 and the Protection of the Environment Operations Act 1997, to ensure their dogs do not exhibit nuisance behaviour or emit offensive noise.  

The Companion Animals Act 1998 defines nuisance behaviour as “making a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises’. 

The Protection of the Environment Operations Act 1997, defines ‘offensive noise’ as noise;

a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

(i)is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or

(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or

b)       that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.

Allegations of dogs barking are common complaints received by Council. Council recognises these complaints can create friction in neighbourhoods and can be very frustrating to those involved. Experience has shown it is not always possible to achieve a result that will satisfy all parties due to a number of factors including: 

• People not willing to assist in the investigation

• Council being unable to confirm where the barking is occurring

• A lack of independent and objective evidence to confirm the allegation

• An unwillingness of people to attend mediation or Court

• Unrealistic expectations of what powers Council has and what Council can do

Council’s ‘Barking Dog Investigation Procedure’ provides owners of barking dogs with 30 days from the date of receiving notification of the alleged problem to implement strategies to alter their dog’s behaviour.

If the nuisance behaviour and noise is rectified and no further complaints are received, no further action will be taken.

If the behaviour continues and additional complaints are received, Council can conduct an investigation which will include residents in the immediate area being asked to complete and return to Council ‘Noise Diaries’ and a ‘Noise Questionnaire’. This information will be examined and if sufficient evidence exists to confirm a dog is a nuisance or is causing offensive noise, residents will be asked to provide a statement which could be used in Court if required. Council may then issue a Nuisance Dog Order or apply to the Court for a Noise Abatement Direction. A person who contravenes such an Order or Direction is guilty of an offence and is liable to be issued with a Penalty Infringement Notice.

Council encourages negotiation between neighbours in an attempt to resolve the problem. Such negotiations can be conducted between each party or with the assistance of an independent mediator through a forum such as a Community Justice Centre. Advice and further information on Community Justice Centres can be obtained by contacting (02) 4929 1211.   

Alternatively, you may apply to The Chamber Magistrate at the Local Court for a Noise Abatement Orders. These orders may be issued by the Magistrate when it is clear the barking has caused a nuisance and you have tried to resolve the issue by other means. Call Newcastle Local Court on (02) 4921 2200 for further information. 

Curing the barking habit

If you feel your dog is well cared for but continues to bark excessively there are a number of things you can try.

• Confine your dog in the back yard, away from interference and/or provocation by passing traffic
• Restrict your pet's vision through the fence or gate
• Consider training. Talk to a specialist, reputable trainer or your local dog training club.
• Insulate the kennel against noise and weather.
• Keep your dog inside or confined to the garage or garden shed at night.

If you are being annoyed by a barking dog:

• Please contact the owner of the dog first - the owners may not be aware the dog is barking particularly if it’s only doing it when they are out
• Be courteous - sometimes they may not know how to go about fixing the problem so be prepared to assist with information
• Be specific - tell your neighbour if the dog is barking at certain times or at certain things and give them an opportunity to correct the problem
• If all else fails contact your local Council as they may be able to assist with information.

Dangerous dogs

A dog is considered dangerous if it has, without provocation:

• Attacked or killed a person or animal (other than vermin)
• Repeatedly threatened to attack or repeatedly chased a person or animal.

If a dog meets the above criteria Council may declare the dog a 'dangerous dog'. Council must first give notice to the owner of a dog of their intention to declare the dog to be dangerous. You will be given information about your right to object to the proposed declaration. Objections must be made in writing within 7 days.

Responsibilities of owners of dangerous dogs

If your dog is declared to be a dangerous dog you must:

• Keep your dog in an enclosure constructed and maintained in such a way that the dog is not able to dig or otherwise escape
• Clearly display one or more signs on your property showing the words “Warning Dangerous Dog”
• Ensure your dog wears a distinctive collar consisting of red stripes alternatively spaced with yellow stripes
• Keep your dog on a lead and wearing a muzzle
• Desex your dog
• Do not leave your dog in sole charge of your children.

Read our brochure for more information about Dangerous Dogs (43kb pdf)

Restricted dogs

The following dogs are restricted dogs for the purposes of the Companion Animals Act:

• American pit bull terrier or pit bull terrier
• Japanese tosa
• Dogo Argentino
• Fila Brasiliero
• Any dog declared by a Council to be a restricted dog.

Owners of restricted dogs are obliged to comply with the same responsibilities (set out above) as owners of dangerous dogs.

Read our brochure for more information about Restricted Dogs (38kb pdf)

For further information regarding restricted dogs, please contact Council's Compliance Services Team on 02 4974 2545.