A complaint about a dog’s persistent barking can be made to Local Council. The Council may investigate the complaint and consider whether the barking is unreasonably interfering with a neighbour’s quiet enjoyment of their property. If so, the dog may be deemed a nuisance dog.
The authorised officer at Council will give notice to the owner of their intention to classify the dog as a “nuisance dog”. This notice will set out the steps the owner needs to take to prevent the nuisance and of their right to object to the proposed order within 7 days.
If an objection is made by the owner, the authorised officer must consider the basis of the objection before making their final decision on whether to proceed to issue the nuisance dog order. A nuisance dog order cannot be appealed or reviewed and it is for this reason that it is important the owner submits their objections upon receiving notice of the Council’s intention to make this order.
A nuisance dog order will specify the nuisance behaviour that must be prevented. A failure to comply with the order is an offence punishable by way of a penalty notice. A nuisance dog order will be valid for a period of 6 months.
If you have been served with notice of Council’s intention to deem your dog a nuisance dog order, we recommend you contact our firm and arrange an appointment to see one of our Animal Law & Pet Law Solicitors. Please call us on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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