Badly Behaving Animals

What you need to do:

Prior to us commencing any barking dog investigation, we require the person(s) affected to have undertaken certain actions including:

1. Reading all information concerning barking dogs as contained on our website.
2. Attempted to resolve the situation by raising the issue with the dog owner and seeking the assistance of a Community Justice Centre to mediate with the dog owner on your behalf. The owners may not be aware the dog is barking particularly if it’s only doing it when they are out.
3. Be courteous - sometimes they may not know how to go about fixing the problem so be prepared to assist with information
4. 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.
5. Record their complaint in writing outlining what action they have taken so far, the frequency and length of time that the dog barks.

What we will do:

1. Upon receipt of a written complaint about a nuisance (barking) dog, City of Newcastle's Regulatory Services Unit will assess the information provided to determine whether there is sufficient evidence to commence an investigation. If we determine the evidence submitted is not adequate and does not demonstrate the dog barks to a frequency or length of time where the community is significantly impacted, then no further action will be taken. If there is sufficient evidence an investigation will commence.
2. A letter will be sent to the dog owner advising a complaint has been received and the owner will be provided with 28 days to rectify the situation.
3. If the problem is not resolved, we will send an evidence form and noise diaries to at least eight residences in the neighbourhood to gain information about where the barking dog resides, the times and frequency the dog barks and what impact it has upon other neighbours. The noise diary is to be completed over a 14 day period and returned to us within 21 days.
4. Note: The evidence form and noise diaries must be completed and signed by the person/s completing the forms. If sufficient evidence is not contained in these documents the ability for us to take further action is limited. The documents will assist City of Newcastle determining what action to take and can be used in legal proceedings.
5. We review all evidence forms and noise diaries. City of Newcastle requires a minimum of three completed and signed evidence forms and noise diaries to take any enforcement action. We require this number of complaints to prevent unsubstantiated, vexatious or pay back complaints, and we consider multiple complainants and consistent evidence confirms the legitimacy of complaints and the impact felt within the community. If the evidence returned does not demonstrate a frequent or lengthy impact upon the community or there are less than three complainants, we will not take any further action.
6. If sufficient evidence is received, a City of Newcastle Ranger will obtain a statement from each complainant.
7. We will then determine what the appropriate enforcement that should be taken will be. This may include issuing the owner of the dog with a 'Nuisance Dog Order' in accordance with Section 32B of the Companion Animals Act 1998 or a 'Noise Abatement Direction' issued in accordance with Section 276 of the Protection of the Environment Operations Act 1997.
8. If the barking persists, contact us and arrangements will be made for a Ranger to obtain a statement including evidence about the breach of the Order or Direction.
9. Once statements have been obtained City of Newcastle will assess the evidence and determine what enforcement action can and will be taken.

Issues to consider

We require significant evidence to support and authenticate an allegation and to justify issuing any form of legal process. Any legal process or enforcement action initiated by us can be contested and appealed by the person to whom the legal process is against. We must comply with specific rules relating to the collection of evidence and commencement of legal proceedings. We must also be able to produce relevant evidence to justify decisions and action taken to a standard accepted by the Court.

• A person's identity may be disclosed if our decisions are defended before a Court.
• A person's identity may also be disclosed if a request is made under Government Information (Public Access) Act 2009.
• Nuisance Dog Orders expire after six months.
• Noise Abatement Directions expire after 28 days

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 that:

• by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
  • is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or
  • 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
• 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.

We encourage negotiation between neighbours in an attempt to resolve the problem. These 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 1800 990 777.

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 happen to find a stray dog either walking the streets or at your property and take the dog into your custody, you have a responsibility to return it to its owner, let us know by reporting it using a Customer request form, or take it to an animal holding facility, such as a vet.

We request that if you do happen to find a dog and wish for one of our Rangers to pick it up, that you have the dog contained, either by leash or in an enclosed space.

If you see an aggressive dog, do not approach it. Contact us straight away so a trained Animal Controller can safely capture the dog.

Please note, we only pick up dogs during the following business hours:

If you find a stray dog outside of business hours, you can:

• Return or contact its owner directly if there are details on its collar or tag
• Retain the dog until our operating hours
• Contact or deliver the dog to a vet or other similar approved premises
• Not take the dog into your possession

City of Newcastle and Police can investigate alleged dog attacks.

A dog attack is defined as a 'dog rushing at, attacking, biting, harassing or chasing any person or animal (other than vermin), whether or not any injury is caused to the person or animal.

For more information read: Alleged dog attacks

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 we may declare the dog a 'dangerous dog'. to do this we must first give notice to the owner of a dog of our intention to declare the dog to be dangerous. The owner will be given information about their right to object to the proposed declaration. Objections must be made in writing within seven 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.

For more information read: Dangerous dogs

On 1 January 2014, the NSW Government introduced the 'menacing dog' category. A dog is considered menacing if it:

• Has displayed unreasonable aggression towards a person or animal (other than vermin)
• Has, without provocation, attacked a person or animal (other than vermin) but whether out causing serious injury or death.

The Companion Animal Act 1998 regulations may declare a breed or kind of dog to be a menacing breed or kind of dog.

Responsibilities of owners of menacing dogs

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

• Have an area on your property which is capable of enclosing the dog in a manner that is sufficient to restrain the dog
• Prevent a child from having unsupervised access to the dog
• Clearly display a sign 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. When in public, keep your dog on a lead and ensure it is wearing a muzzle
• Desex your dog (if applicable)
• Do not leave your dog alone with children

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

• American pit bull terrier or pit bull terrier
• Japanese Tosa
• Dogo Argentino
• Fila Brasileiro
• Any dog declared by City of Newcastle 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.

For more information read: Restricted dogs