Barking Dogs - City of Burnside - SA.Gov.au

Council ActionCouncil’s Animal Management Officer will:Study the complaint forms and diariesto establish barking in attempt to try todetermine the reason for the dog’sbarking;Confirm that other nominated residentsare being affected by the dog’s barkingby a survey;Advise the dog owner of the complaint,discuss possible solutions and informthem of their responsibilities.If the Officer believes there is a problem withthe dog, the Officer will work with the owneruntil they believe that the owner has doneeverything possible to help correct thebarking behaviour.What happens if the dog owner doesn'tcooperate?If the dog owner refuses to cooperate theprocess becomes more formal.Council has the power to expiate (fine) orserve a Barking dog order (a legaldocument) on the dog owner to takereasonable steps to abate the barking. Theythen have 14 days to indicate theirintentions.After this time Council may request that youand other affected neighbours completefurther barking diaries. It is very importantthat you do so as this may be evidenceproduced in court.Legal ActionLegal action is only considered if all otherefforts from Council have failed to resolvethe barking.Council will only commence legal action if:The owner of the dog is notcomplying with Council’s request,andThe dog is a problem, andThe complainant is prepared tosupport their evidence in court.If, at any time, Council believes you arenot taking an interest in the complaint andhave not done what Council has requestedof you, the complaint will be terminatedand you will have to take civil action.Legal action is not automatic and dependson a legal assessment of each case andevidence provided. Should court actionproceed you may be asked to appear as awitness.If you do not wish to do so, Council mayterminate its investigation.It may also take time to obtain a hearingdate at court, during this time you mustkeep an up to date record of the barkingand the effect it has on you.Should court action be successful, Councilwill ask the Magistrate to order that specificcontrols be placed on the owner the dogto take certain actions to reduce the occurrenceof barking.If we do not receive all the diaries or ifthey are incomplete, Council is unable toproceed further.