In most cases your dog MUST be on a lead and under effective control when in a public place. Your dog must be tethered to a lead of not more than 2m long by a person able to control that dog. A dog can only be tethered to a fixed object by a lead not more than 2m long in a public area for a period not more than 30 minutes. Please make yourself familiar with the areas that you dog can be exercised off lead to avoid receiving a penalty notice.
Dogs can be exercised off lead in designated off lead areas. The dog must also be under effect control.
Effective Control means that your dog is in close proximity, in visual sight and the person in charge of the dog is able to demonstrate to the satisfaction of an authorised person that the dog is immediately responsive to the person’s commands.
A dog is a nuisance if –
- it behaves in a manner that is injurious or dangerous to the health of any person; or
- it creates a noise, by barking or otherwise, that persistently occurs or continues to such an extent that it unreasonably interferes with the peace, comfort or convenience of any person in any premises or public place.
If you believe that your neighbour’s dog is a nuisance by constantly barking it would be Council initial recommendation in the interests of sound neighbourly relations that both you and the dog owner/s enter into negotiations to attempt to successfully resolve the nuisance barking issue.
Should this not be possible or not successful then the matter should be raised informally with Council’s Compliance Officer. The matter will be assessed and if required, possible remedial action will be advised to the dog owner/s to resolve the issue. The complainant will be notified of the results of the initial assessment and, if required, future actions to resolve the matter.
Should the matter remain unresolved or you wish Council to formally process the matter and request Council to investigate it under the Dog Control Act 2000, the following information is required to allow for a fair and unbiased investigation:
- An introductory letter clearly stating your name and address;
- The nature of the nuisance;
- How this nuisance impacts on your peace, comfort or convenience; and
- Enclose a diary with no less than 14 days of observations, containing reference to the following:
- Date;
- Time barking commenced;
- Time barking ceased;
- Where the barking could be heard within your place of residence;
- Trigger issues e.g. postmen was delivering mail, children on footpath etc; and
- A fee of $75.
Lodging a formal complaint with Council should be your last resort.
As a dog owner you are responsible for ensuring that your dog is not causing a nuisance and is always kept under effective control. Council may issue infringement or abatement notices if the owner fails to prevent their dog from becoming a nuisance