Council has a role in investigating and dealing with the owners of dogs that create unreasonable levels of noise.
To be considered unreasonable, noise needs to be at such a level and frequency as to have a detrimental effect on your normal daily activities. Nearly all dogs bark for various reasons and this alone does not always make the noise unreasonable or offensive.
Firstly you should talk to the dog owner. They may not be aware of the problem.
What you need to provide Council
Council can assist after you have attempted to approach the owner about a barking dog and the problem persists. Dog noise problems can only be resolved if enough information is provided to support the complaint. An integral part of the investigation process includes persons lodging complaints being willing to provide evidence and appear in Court as a witness if necessary.
Contact Council and provide sufficient information so that a formal complaint can be registered in Council's Customer Request Management (CRM) system. You will be issued with a unique CRM number. You will then be provided with a noise diary and statement which must be completed over a reasonable period of time to demonstrate that the noise is unreasonable/offensive. When completed return it to Council within seven (7) days. A Council Officer will investigate upon receipt of a complete and valid diary. (Note: Providing false and/or misleading information is an offence)
What will Council do?
Should the barking behavior meet the requirements for an offensive noise/nuisance animal, a Council Officer will visit the property and issue a Noise Abatement Direction and give advice to the owner on how to reduce barking. (Note: A Noise Abatement Direction is valid for 28 days)
If it doesn't stop?
Should the barking continue you will be required to complete an additional diary and submit to Council. Council may then take further action including issuing a Nuisance Dog order or Prevention Notice, issue a penalty infringement notice or consider Court Action.
A dog is a nuisance if the dog makes 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.
If the noise is not found to be offensive
If the barking behaviour does not meet the provisions for unreasonable/offensive noise, Council is unable to take any further action. You could contact the Community Justice Centre or consider private civil action.
Offensive noise means noise that 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.