BARKING DOGS - Golden Plains Shire

Your personal information is treated withconfidentiality but is required in order forCouncil to follow through on aninvestigation. Council will not respond toanonymous complaints.In order to lodge a formal complaint youmust advise Council in writing:• Clearly stating your name and address• Identifying the address of the offendingdog• Containing a copy of a diary detailingthe dates, times and duration of thedog’s barking habits for a period of atleast 14 daysComplaints should be made on a Council‘Barking Complaint Form’ andaccompanied by a diary detailing thetiming and duration of barking events.Both forms are available from Council’sCustomer Service Centres or Website.WHAT WILL COUNCIL DO?• If required to investigate a barkingnuisance complaint, Council will speakwith the dog owner to ensure theyunderstand a complaint has beenmade and provide them with adviceand written information to help themmanage the problem. They will alsobe given an adequate period of time todetermine the cause of the problemand rectify it.• As the complainant, you will be advisedwhen Council has contacted the owner.They will be provided with time to startaddressing the problem. During thisperiod you must continue to keep adiary of barking events to determine ifaction taken by the dog owner isadequately addressing the issue.• If the noise continues, a Council willspeak with other residents in theneighbourhood to validate thecomplaint and determine the extent ofthe nuisance. It is necessary to provethat consistent and persistent barkingis unreasonably interfering with thepeace, comfort or convenience ofanother person’s premises.• If the complaint can be validated,Council will continue to discusssolutions with the dog owner.• Council will not get involved inunsubstantiated complaints that arisefrom neighbourly disputes• If a nuisance barking matter is notresolved through negotiation, it mayrequire legal action.LEGAL ACTIONTo enable Council to issue a fine, anabatement notice or proceed to court, youmust be prepared to be a witness andpresent evidence in Court in front of aMagistrate. In order to provide adequateevidence you will be required to producethe dates, times and duration of barkingevents and clearly demonstrate to aMagistrate how the barking is affectingyou. You may also be subject to crossexamination by a defence lawyer.To support your evidence and prevent acase of ‘their word against yours’, it is alsonecessary for a second neighbour tosupport the nuisance claims, be preparedto complete the nuisance diary and agreeto be a witness in the Magistrate’s Court.If you do not have the necessary evidenceand supporting witnesses, Council will beunable to take the matter further.Court is a last resort and Council willprovide the dog owner with everyopportunity to resolve a matter beforeconsidering legal action.If Council is not prepared to go to Court,you can take civil action against theowner.MORE INFORMATIONFurther information is also available inCouncil’s range of Responsible PetOwnership Fact Sheets. These include:• Dogs, Fences and Roaming• Biting and Aggression• Litter• Leashes and Exercise• Registration and Identification• Responsible Pet Ownership• Barking Solutions• Desexing Your Pet• Registration Fees & FinesCONTACTING COUNCILIf you require any further information, orwould like a copy of one of Council’sResponsible Pet Ownership Fact Sheets,visit either of Council’s Customer ServiceCentres at:• 68 Sussex Street, Linton or• 2 Pope Street, Bannockburn or call 5220 7111 or 1300 36 30 36 (Toll Free within the Shire)Email enquiries@gplains.vic.gov.auWebsite www.goldenplains.vic.gov.auG:\Development\Environment Services\Community Protection\Forms\30_AM_IS - BarkingDogs.docRev May 2008Form 30