Nuisance/Barking Dogs Request Form and Diary

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1 Nuisance/Barking Dogs Request Form and Diary Dog owners are responsible for the care and well being of their pet and to ensure that it is safe at all times and well behaved most of the time. All dogs make noise at some time. However, if you are concerned about the level of noise a dog is creating the first step towards resolving the issue is to speak to the owner in a non-threatening manner and try to reach a compromise. Often the dog owner can be unaware that their dog is causing a nuisance as they may not be home when the barking occurs. Most dog owners are willing to work with their neighbours to achieve an amicable outcome. To assist you to approach your neighbour you may choose to use the following letter prepared by Council (copy enclosed). Customer Requests If a request about a noisy dog is received, Council's General Inspector may observe the dog to assess whether it is creating a noise that 'persistently occurs to such an extent that it unreasonably interferes with the peace, comfort or convenience of others'. (Section 45A, of the Dog and Cat Management Act 1995) Most requests about noisy dogs received by Council are handled informally and through mediation. This way all parties are given the opportunity to work towards a resolution before any legal action is taken. Community Mediation Services can be contacted on or visit Note: The person making the request needs to be willing to keep a diary recording the extent and occasions that the dog causes a nuisance. In addition, the person must be prepared to attend Court if necessary to give evidence in order for the Council to proceed when all other measures have been exhausted. How to lodge a complaint Fill out the enclosed Dog Nuisance Request Form and Diary; please ensure the diary has been filled out for a 7 day period. Once completed, request forms together with diaries can be returned to any Port Adelaide Enfield Council office or mail to 'City of Port Adelaide Enfield, PO Box 110, Port Adelaide SA 5015'. Barking Dog Diary Sheets The person making the request needs to be willing to keep a diary. Diaries are used to ascertain the extent of the nuisance, make recommendations to the dog owner and as evidence should formal action be required. Formal Complaints If Council's General Inspectorate is unable to resolve the request informally we will commence a formal investigation that may include speaking with neighbours who may be affected by the noise of the dog.

2 The investigation will include providing the person who made the request, the dog owner and surrounding neighbours with barking dog diaries. If the information recorded in the diaries substantiates the claim that the dog is unreasonably interfering with the peace, comfort or convenience of others the Council may issue the dog owner with an expiation notice for the alleged offence. Control (Barking Dog) Orders If the problem is not resolved the Council's General Inspectorate may issue a letter informing the owner of Council's intention to issue a Control Order in accordance with the provisions of the Dog and Cat Management Act (1995). If the Order is implemented and subsequently contravened the City of Port Adelaide Enfield can take steps to give effect to the Order. This will most likely lead to prosecution in a Court of Summary Jurisdiction at which the person who made the request will be required to attend. Dog owners have the right to appeal a Control Order. Prosecution Council can instigate an immediate prosecution against a dog owner who allows their dog to create a persistent noise nuisance. If a person is found guilty the Court has the ability to: Issue a fine Impose strict controls on the owner of the dog Remove the dog temporarily or permanently. Civil Action Any person can institute Civil Proceedings against a dog owner in Court. This course of action can only be handled by the complainant and cannot be handled by Council. Complaints and Grievance Procedures If you believe that Council has not handled the matter in accordance with its obligations under the Dog and Cat Management Act please contact us. In the first instance we will seek to resolve any problems. Complainants may request a formal review of decision (as provided for under Section 270 of the Local Government Act) where a person not directly involved in handling the issue will conduct a review. Complaintants retain the right at any time to refer the matter to the Ombudsman's Office.

3 Dear Neighbour Address I wish to draw your attention to the fact your dog/s are barking to an extent that they have become a nuisance. As you are probably unaware of the problem I advise the following behaviour of the dogs, this may help you to rectify the problem. 1. The dog/s bark regularly between: 0.00am-7.00am 7.00am-Midday Midday-5.00pm 5.00pm-8.00pm 8.00pm-Midnight 2. The dog/s bark when: You leave the property When you are at home 3. The dog/s bark at: People passing the property Dogs passing the property When I am in my yard Neighbours dogs/cats/children Postman Nothing 5. When the dog barks it usually: Runs along the fence at the: Front Back Side of property Jumps at the fence at the: Front Back Side of property Sits or stands on the spot: Front Back Side of property I hope this information will help you to monitor the dogs and be able to rectify the situation as quickly as possible. This letter has been prepared by the City of Port Adelaide Enfield to assist residents with barking problems. Councils General Inspectorate may be able to provide further assistance; they can be contacted on

4 Dog Nuisance Complaint Form Name: Address: Phone: (h) (w) (m) Address where dog is kept: Name of owner (if known): Type of dog: Colour of dog: How long has the dog been on the property? How long has the dog been a nuisance? Please supply the name and address of any neighbour who may be able to support your complaint. (if available) Name: Address: Are you prepared to attend mediation with the dog s owner? Yes No Are you prepared to give evidence in court? Yes No Signed: Date:

5 The following information will assist us in trying to resolve the noise nuisance 1. Have you approached the dog owner to discuss the problem? Yes No What action did they take? If no, give reason: 2. Barking occurs: once twice several times per day 3. The dog/s bark regularly between: 0.00am-7.00am 7.00am-Midday Midday-5.00pm 5.00pm-8.00pm 8.00pm-Midnight 4. Barking may last for: minutes hours 5. Barking increases when: owners leave property owners are home Other: 6. The dog/s bark at: People passing the property Neighbours dogs/cats/children Dogs passing the property Postman When I am in my yard Nothing 7. When the dog barks it usually: Runs along the fence at the: Front Back Side of property Jumps at the fence at the: Front Back Side of property Sits or stands on the spot: Front Back Side of property 8. If more than one dog is involved does: One dog bark more than the other? Yes No Barking increases when playing / fighting? Yes No 9. Other relevant information:

6 Dog Barking Diary Please complete the following diary by recording the times the dog barks during the next seven (7) days. Example: 01/07/ DE Date Start Number of Barks Finished Total Barks Initial Comments: Full Name:. Address: Signature:... Date: /../.

7 Date Start Number of Barks Finished Total Barks Initial Comments: Full Name:. Address: Signature:... Date: /../.

8 Date Start Number of Barks Finished Total Barks Initial Comments: Full Name:. Address: Signature:... Date: /../.

9 Date Start Number of Barks Finished Total Barks Initial Comments: Full Name:. Address: Signature:... Date: /../.

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