Animal nuisance and dog barking


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Animal nuisance

Animal nuisance is behaviour that causes:

  • excessive disturbance to a person other than the keeper because of noise, for example a barking dog or crowing rooster
  • damage to property owned by a person other than the keeper
  • danger to the health of an animal or a person other than the keeper
  • for a dog, animal nuisance also includes repeated occurrences of the dog not being kept under control by its keeper or carer.

If the situation involves immediate danger to the health of an animal or person please call ACT Policing on 000. For all other non-life threatening matters that do not require an emergency response, please call Access Canberra on 13 22 81.

Dog barking

Barking is a normal canine behaviour for dogs. It’s how they communicate and not all barking is considered excessive.

If dog barking is disturbing you, please try to speak to the owners before lodging a complaint. The owners may not realise you can hear the barking, or that it is occurring when they are not home.

When speaking to your neighbours try to refrain from becoming angry or judgemental. Working with the dog owners to reward good behaviour instead of punishing bad behaviour could help resolve the issue. Yelling at dogs when they are barking can reinforce the barking and increase protective behaviour.

If you haven’t been able to resolve the issue by talking with your neighbour:

  • contact the Conflict Resolution Service on 6189 0590 for free dispute coaching and mediation services
  • make a nuisance complaint.

As part of the animal nuisance complaint you will need to complete a 10-day animal noise diary.

Tips to reduce dog barking

Dogs bark for many reasons including boredom, excitement, anxiety or from a stimulus/trigger. It may be that they aren’t getting what they need. It could also be that they are warning you of potential intruders, or are fearful of people coming into their territory or unfamiliar noises.

Here are some tips for dog owners to help identify the trigger and reduce the behaviour:

  1. Identify the cause: Consider when the barking occurs, what is happening in the environment and the type of barking. Is it constant or intermittent? Can the dog be distracted?
  2. Speak to neighbours: Ask whether your dog barks while you are away from home. Does it bark all day or only some of the time?
  3. Remove the cause: Consider reducing their visibility of streets and walkways, or bring them inside. Make sure you aren’t rewarding the behaviour by giving them attention when they are barking. Avoid talking to them or giving eye contact and walk away.
  4. Prevent boredom: Create an interesting environment by providing enrichment activities such as:
    • hiding food for them to sniff out
    • giving them treat balls or food puzzles
    • planting pet safe plants for them to investigate
    • taking them on sensory walks so they can sniff at their own pace.
  5. Reward good behaviour: Praise and reward your dog when they are calm and quiet to reinforce the positive behaviour you are looking for.
  6. Avoid punishment: Yelling at your dog, physically punishing them or using a remote e-collar can cause fear and aggression.
  7. Get help: Veterinarians can provide behavioural advice and complete a full health check to make sure there are no medical reasons for the barking.

Crowing roosters

Roosters are permitted in suburban areas in the ACT and ownership of roosters is becoming more common across Canberra. Roosters are diurnal animals, which means they rise with the sun. This is why roosters crow at dawn.

Tips to reduce the impact of crowing

Try the following steps to minimise the impact of crowing:

  1. Reconsider the need to keep a rooster in a suburban setting as they are not required for chickens to produce eggs.
  2. If you do decide to keep a rooster, keep it in a night box/blackout box.
  3. Use artificial light sources to trick the rooster’s biological clock, resulting in it crowing later in the day.

Animal nuisance complaints

Please try to talk to your neighbour or contact the Conflict Resolution Service to discuss the matter.

If this is unsuccessful you can lodge a complaint using the animal nuisance complaint form (DOC 48.5 KB). Submit the form via email or post to Domestic Animal Services at GPO Box 158, Canberra City 2601.

You must complete all sections of the form for Domestic Animal Services to commence a formal investigation. For noise complaints, this includes a 10-day diary that records information about each occurrence. The diary helps identify the nature of the nuisance behaviour so that the owner can fix the issue.

The owner will be advised of the complaint and given time to address the issue before regulatory action is taken.

The following factors are considered when managing animal nuisance complaints:

  • the number of people affected
  • the damage, disturbance or danger resulting from the nuisance
  • any reasonable precautions the animal’s owner has taken to minimise the nuisance
  • any reasonable precautions a person adversely affected has taken to minimise the impact of the nuisance.

Complaints process

Overview

It is an offence for a person to allow animal nuisance, unless the animal is on land that is used for:

  • agricultural or grazing purposes
  • an animal care facility.

Those impacted by animal nuisance may complain in writing to the Domestic Animal Services registrar.

Anonymous complaints are not investigated. The complainant’s details are required to substantiate the evidence provided.

Investigation

The registrar may investigate the complaint if they believe it is not frivolous or vexatious.

Domestic Animal Services may:

  • speak with the complainant and the owner of the animal allegedly causing a nuisance
  • conduct internal database searches
  • make enquiries at or near the reported location
  • canvas the neighbourhood by mail or in person
  • inspect properties.

Animal nuisance complaints can be complex and may take up to 8 weeks to finalise.

Outcomes

The registrar may issue a Nuisance Notice to the owner which states:

  • the animal nuisance must be reduced or stopped
  • proceedings may be instituted for contravention of the notice or an offence of animal nuisance.

An authorised person may seize an animal if they reasonably believe the animal is causing a nuisance. A seized animal may be released to the keeper if the nuisance is not likely to happen again. Any costs or expenses incurred by the Territory in seizing or impounding the animal must be paid before the animal can be returned.

If the registrar decides not to issue a Nuisance Notice, the registrar must:

  1. give written notice of the decision to the complainant
  2. advise the complainant about any methods available for settling the issue privately.

A previous complaint may be reinvestigated if new evidence is supplied that indicates a nuisance exists.

Appeal a decision

The decision to issue a Nuisance Notice can be reviewed. The keeper of the animal or occupier of the premises may apply to the ACT Civil Administrative Tribunal (ACAT). Please see below for details on how to contact ACAT.

ACT Administrative and Civil Tribunal

For more information please refer to part 6 of the Domestic Animals Act 2000.