Report a Problem or Complaint
- Details
- Written by: Adam Gatt Penrith City Council (02) 4732 7777 (02) 4732 7958 council@penrithcity.nsw.gov.au https://www.penrithcity.nsw.gov.au 601 High St Penrith NSW 2750 Australia
Dog attacks
Animal cruelty
Barking dogs
Wondering what to do if a barking dog in your neighbourhood is causing a problem for you? We have some easy tips on how you can talk to the dog’s owner in a positive way.
- Discuss
Contact the dog owner first. How you do this is your decision. You may decide to talk personally with the owner, telephone or write to the owner. The dog owner may not be aware their dog is barking, particularly if it only occurs during the owner’s absence. In most cases owners will want to do the right thing and cooperate.
A Barking Dog Courtesy Letter can be printed and forwarded on to your neighbour without having to contact Council. Remember to be courteous when contacting the dog owner. Sometimes they may not know how to go about fixing the problem so be prepared to assist with information. - Wait
If the owner agrees to do something about the barking, allow time for the owner to take action to address the nuisance barking and wait a few weeks to see if they have been successful in their efforts. Dogs cannot be trained overnight and implementing training or strategies can be a process of elimination, therefore, extra time will be required to achieve the desired outcome. - Lodge Complaint to Council
A written complaint may be lodged with Council. You can lodge a complaint with Community or Neighbour Disputes and Grievances form.
Complaint requirements and investigation process
Before Council can undertake a formal investigation, complaints must be received from at least two separate properties, and both complainants must be willing to provide supporting evidence and attend court if required. Having two separate complaints helps ensure fairness and assists Council in determining whether the barking constitutes a genuine and ongoing nuisance.
Additionally, a formal investigation can only proceed where:
- The barking dog is positively identified (breed, colour, markings and size) address it is from during the incidents,
- Complaints have been received from at least two separate properties and both properties are willing to complete the necessary forms to provide evidence
- Council is satisfied that beyond a reasonable doubt the issue is persistent and unreasonable
Once the above criteria have been met an Investigating officer will be in touch to commence the formal investigation. Both properties will then receive Council’s Nuisance Barking Kit, which will contain diary sheets and instructions. The Nuisance Barking kit needs to cover a 14 consecutive day period and once completed the forms need to be returned to Council within 28 days.
Legal and Practical Considerations
If the issue persists and Council receives valid complaints from two or more properties, a formal notice may be issued under the Companion Animals Act. Failure to comply with this notice could lead to infringement notices or further legal action. Please note, however, that penalty notices may be challenged in court, and a magistrate will take into account several mitigating factors, such as:
- Whether the barking occurs mainly during the day
- Whether the barking is reactive (e.g. to noise, people, or animals)
- Whether the barking is infrequent or of short duration
As such, Council must thoroughly assess all evidence before taking any formal enforcement action. Please be aware that barking dog investigations are often complex and can take more than 40 days, especially where surveillance or neighbourhood canvassing is required.
Another avenue you might consider is seeking a Noise Abatement Order, which are orders issued by local courts to stop offensive noise or prevent it from occurring. Find out how to seek a noise abatement order if you decide to deal with noisy neighbours by acting independently of the local council.
Lost, found and impounded animals
Enquire about your lost cat or dog - call Hawkesbury Animal Shelter (Mulgrave Rd, McGraths Hill) on 4560 4644 or Blue Mountains Animal Care Centre (Mort St, Katoomba) on 4780 5791
Report an animal you've found - call Council's Animal Services on 4732 7777 during business hours.
