Aggressive and Barking Dogs

Why do dogs bark?

Barking is one way dogs communicate and can mean anything from playfulness to danger. Some dogs bark because they are:

• Chained to a fixed point and don’t have enough room to move around

• Being provoked deliberately or unintentionally by people or other roaming animals
• Not getting enough exercise
• Not properly trained
• Lonely, sick, hungry, or generally neglected.

Chronic or excessive barking is a sign that something is wrong and can be a nuisance to others in the community. Sometimes stopping a dog from barking can be as simple as taking care of their needs.

Curing the barking habit

If you are experiencing issues with a barking dog, it is recommended you first: 

1. Raise the issue directly with the dog owner. Consider the following helpful pointers:  
    
   • Specific details matter
     Let your neighbour know if their dog is barking at specific times or triggers.
   • Owners may be unaware
     If the barking is occurring whilst they are aware, they may not realise there is an issue. 
   • Allow time for resolution
     Give them a chance to address the problem.
   • Offer guidance
     They may not know how to best resolve the problem, so if needed, provide information or helpful resources. 
2. Seek assistance from the Community Justice Centre to mediate with the dog owner on your behalf. 
3. Keep a log of the actions you've taken to address the issue and the frequency/length of time that the dog barks.
4. Read the information on this webpage to best understand nuisance behaviour. 

If the issue persists after conducting the above steps:

1. Submit a request in writing outlining the nature of the nuisance dog complaint. Include a log of actions taken and details of the barking activity, as noted above. 

Important to consider

• We require strong evidence to support and verify an allegation, and to justify any legal/enforcement action. We must follow specific rules for gathering evidence and starting legal proceedings. 
• Legal actions can be contested and appealed by the person the legal process is against.
• A person's identity may be disclosed if our decisions are defended before a Court or if a request is made under the Government Information (Public Access) Act 2009.
• Nuisance Dog Orders expire after six months and Noise Abatement Directions expire after 28 days.

Once we receive a nuisance dog request in writing, we commence the following process: 

1. Review the information provided

We will assess the information provided to determine if there is sufficient evidence to commence an investigation. If the evidence is insufficient or the complaint was made anonymously, no further action will be taken. 

2. Letter to the dog owner 

A letter will be sent to the dog owner advising a complaint has been received. The owner will be provided with 28 days to rectify the situation.

3. Evidence forms and dog noise diaries

If the problem is not resolved, we will send an evidence form and noise diary to eight or more neighbouring residences. This helps us to gather information about:

• where the dog resides
• the time and frequency of barking
• the impact to neighbours.

The documents also assist us in determining what actions we can take, and can be used in legal proceedings.

The noise diary is to be completed over a 14 day period and returned to us within 21 days. The evidence form and noise diaries must be signed by the person/s completing the forms.

We will review all evidence forms and noise diaries. If the evidence returned does not demonstrate a frequent or lengthy impact to the community or there are less than three complainants, we are unable to proceed with further action.

4. Statements from each complainant 

If sufficient evidence was provided over three or more evidence forms and dog noise diaries, a City of Newcastle Ranger will obtain a statement from each complainant.

5. Enforcement action

We will then determine what enforcement action should be taken. This may include issuing the owner of the dog with a 'Nuisance Dog Order' in accordance with Section 32B of the Companion Animals Act 1998 or a 'Noise Abatement Direction' issued in accordance with Section 276 of the Protection of the Environment Operations Act 1997.

6. Further actions 

If the barking persists, contact us and arrangements will be made for a Ranger to obtain a statement including evidence about the breach of the Order or Direction.
 

Once statements have been obtained City of Newcastle will assess the evidence and determine what further enforcement action can and will be taken.

A dog is considered dangerous if it has, without provocation:

• Attacked or killed a person or animal (other than vermin)
• Repeatedly threatened to attack or repeatedly chased a person or animal

If a dog meets the above criteria we may declare the dog a 'dangerous dog'. to do this we must first give notice to the owner of a dog of our intention to declare the dog to be dangerous. The owner will be given information about their right to object to the proposed declaration. Objections must be made in writing within seven days.

Responsibilities of owners of dangerous dogs

If your dog is declared to be a dangerous dog you must:

• Keep your dog in an enclosure constructed and maintained in such a way that the dog is not able to dig or otherwise escape
• Clearly display one or more signs on your property showing the words 'Warning Dangerous Dog'
• Ensure your dog wears a distinctive collar consisting of red stripes alternatively spaced with yellow stripes
• Keep your dog on a lead and wearing a muzzle
• Desex your dog
• Do not leave your dog in sole charge of your children.

For more information read: Dangerous dogs

On 1 January 2014, the NSW Government introduced the 'menacing dog' category. A dog is considered menacing if it:

• Has displayed unreasonable aggression towards a person or animal (other than vermin)
• Has, without provocation, attacked a person or animal (other than vermin) but whether out causing serious injury or death.

The Companion Animal Act 1998 may declare a breed or kind of dog to be a menacing breed or kind of dog.

Responsibilities of owners of menacing dogs

If your dog is declared to be a menacing dog you must:

• Have an area on your property which is capable of enclosing the dog in a manner that is sufficient to restrain the dog
• Prevent a child from having unsupervised access to the dog
• Clearly display a sign on your property showing the words 'Warning Dangerous Dog'. Ensure your dog wears a distinctive collar consisting of red stripes alternatively spaced with yellow stripes. When in public, keep your dog on a lead and ensure it is wearing a muzzle
• Desex your dog (if applicable)
• Do not leave your dog alone with children

The following dogs are considered to be restricted dogs for the purposes of the Companion Animals Act 1998:

• American pit bull terrier or pit bull terrier
• Japanese Tosa
• Dogo Argentino
• Fila Brasileiro
• Any dog declared by City of Newcastle to be a restricted dog.

Owners of restricted dogs are obliged to comply with the same responsibilities (set out above) as owners of dangerous dogs.
 

For more information read: Restricted dogs