Love thy neighbour . . . and their pets?
Apart from a fencing dispute, there’s nothing quite like household pets to turn ordinarily good-natured people into the most undesirable of neighbours.
All pets older than six months must be registered with the local council. Failure to do so can result in a fine and most councils conduct regular random inspections of households in their areas in a bid to regulate animal registrations.
The law also requires that all dogs and cats be looked after so they do not become a nuisance or danger to others. A nuisance is a dog or cat that injures or endangers the health of any other person or creates noise that unreasonably interferes with the peace and comfort of neighbours.
The Domestic (Feral And Nuisance) Animals Act states that the occupiers of any premises where a dog or cat is kept must not allow that animal to be a nuisance.
It is an offence (which carries a penalty of a fine) to:
- allow your dog or cat to wander around unsupervised in public;
- allow your dog or cat to trespass on another person’s property; or
- allow pets to litter in public places without cleaning it up.
Dog owners are also specifically liable under:
- legislation – penalties are attached for certain offences; and
- common law – people who are injured or suffer damage as a result of your dog may sue for compensation.
Excessive barking
Excessive barking by dogs is considered a nuisance. Excessive barking does not mean occasional barking. Evidence of excessive barking, such as a diary of the barking episodes over a period of two weeks or more, would be needed to establish a claim.
If you believe your neighbour’s dog is barking excessively, approach your neighbour in a friendly way and discuss the problem.
Failing resolution, record the frequency of barking over a period of at least two weeks and report your findings to the council. Ultimately, the council can issue an infringement notice and fine the owner of the dog.
It is important – for the sake of maintaining good neighbourly relations and for the sake of a potentially speedier outcome – to try first to resolve the issue directly with the neighbour concerned. It may be that a particular family member is more approachable about the problem than others, so you should think about how you plan to open the dialogue with your neighbours.
If you cannot resolve the issue with discussion, you may find it useful to contact a lawyer. A lawyer can provide you with legal advice, look at alternative dispute resolution options for a cheaper and quicker outcome or, if necessary, act on your behalf in court and other proceedings.
More information
From the Bookshop
Everyday Law, Stella Tarakson $29.95
Fitzroy Legal Service Law Handbook 2005, $75
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Brendan Kelly of our office. | 
