Barking Dog Package by alendar

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									Barking Dog Package
 To assist residents with nuisance caused by barking dog/s.

             Produced by
        Fitzroy Shire Council's
     Community Services Department

- Letter from the Chief Executive Officer

- Assisting Council Officers – (Information and Evidence)

- Nuisance laws (Barking Dogs)

- Letter to your neighbour (optional)
Letter from the
 Chief Executive Officer
            Shire Council

Through the Local Government Act 1993, the Fitzroy Shire Council is charged with the task of
providing a good environment for its residents. This responsibility becomes greater with the
tasks given to Local Government through other legislation, such as the Environmental
Protection Act 1994. Legislation such as this provides the Council with an opportunity to
achieve its goals in relation to matters such as noise created by the barking of dogs.

However, contemporary wisdom shows that negotiation and mediation are desirable alternatives
to expensive and stressful court action in achieving desired outcomes and Council fully supports
the use of communication between neighbours as an approach to solving problems that arise
within a neighbourhood and would encourage any resident to be open to approaches by their
neighbours in this regard.

However, if all else falls, residents should appreciate that Council is always ready and prepared
to use the full faculty of the law to achieve the community goal.

Yours faithfully

Assisting Council Officers

Information and Evidence
                       ASSISTING COUNCIL OFFICERS


You may like to try to resolve the problem without involving an official complaint. In this regard
we have included, in this package, a letter which can be delivered to your neighbour as a
preliminary to any formal action taken by yourself. However, should you wish to proceed with a
formal complaint then the following information is required :-


Under the Environmental Protection Act 1994, if an animal makes more noise than that provided
during for the specified times then a nuisance abatement notice can be issued upon the person in
charge of the animal. The notice will give that person a period of time in which they must
rectify the nuisance. It they fail to do this, then an $240.00 infringement notice can be issued.
They person who has been given an abatement notice may appeal this decision and a person
given an infringement notice may elect to have the matter heard in a court of law. This means
that evidence taken must be accurate and precise. The pages will assist you in this regard.
Information on the nuisance laws has also been included.


When lodging a complaint about a barking dog or dogs with the Fitzroy Shire Council, it is very
important to remember that to investigate your complaint we need you to help us by providing
some important information.

If you can supply the investigating officer with the following information it will help to ensure
that your complaint is handled quickly and efficiently:-

1. Your name, residential address and telephone number. These items are required by law and
   will be kept under the strict confidence by council officers.
2. The address where the offending dog resides must be clearly identified by street number, if
3. Evidence as to the times and duration of barking during the day or night must be identified.
4. It is also necessary to indicate whether you have spoken to the owner of the dog regards its
5. Please indicate how long the barking of the dog has been a concern to you and whether
   information given in point 3 (above) is consistent during this time.
6. An ongoing record of the dog barking is also very important. This can be very easily achieved
   by recording the following details on the from provided with this kit.
7. You may also wish to make a tape recording of the barking. Please see notes on how to make
   a good recording.

1.   Obtain a 60 minute or 90 minute tape.
2.   Place this in the tape recorder
3.   Go to the room in the house where the dog causes you most annoyance
4.   Press record and wait for about 15 seconds ( This will allow the tape to wind on)
5.   Speak into the tape and state the :-
                                         Name and address
                                         Date and Time
                                         Location of barking dog
6.   Place the tape recorder with the microphone facing in the direction of the barking.
7.   Leave the recorder to play the entire length of the side
8.   When the tape has finished turn the tape over and repeat steps 4 to 7
9.   When the tape is finished play it back and assess if the dog barked more specified time.

Note : Do not stop and start the tape. If you believe that the recording is bad, then rewind the
tape to the start and repeat steps 4 to 8. Sometimes it may be easier to take notes. Recording
dogs barking can take time but is valuable as it provides something which others can listen to an
assess independently.


This information is very important and should be supplied to the investigating officer as soon as

As you will probably realise, investigating complaints about barking dogs can be very difficult
and time consuming. This is the case because dogs often bark at a time when the investigating
officer is unable to witness the noise, for example early in the morning or late at night.

For these reasons, it is very important to supply the investigating officer with as much
information as you possibly can to enable your complaint to be quickly and efficiently handled.

If you have any inquiries regards information required please do not hesitate to call the Community
Services Department on 315 414.
LOCATION OF BARKING DOG________________________________________________

  DATE          TIME STARTED                      TIME FINISHED                 SIGNATURE
                 (To the nearest minute)           (To the nearest minute)

Eg 12/11/99   5.31pm                          5.35pm                         J.Bloggs

Eg12/11/99    5.38pm                          5.44pm                         J.Bloggs

Person submitting information ______________________________

Signature ____________________________ Date ___/___/___

                                           PAGE _____ OF ______
Nuisance Laws

(Barking Dogs)
Category                Prohibited Times & Noise Criteria

domestic                Noise is excessive if heard for
animals                     6 minutes in any hour from 7am to 10pm on any day; or
(barking dogs)              3 minutes in any 30 minute period on any day after 10pm or before 7am

building works          Must not make audible noise from the building work
(holds a licence        (a) on a Sunday or a public holiday, at any time; or
under QBSA)             (b) on a Saturday or a business day, before 6:30am or after 6:30pm
regulated devices       Must not operate a regulated device in a way that makes audible noise
(lawn mower, power      (a) on a Sunday or public holiday, before 8am or after 7pm; or
tools etc)              (b) on a Saturday or a business day, before 7am or after 7pm
spa blower and pool     Must not use or allow use
pumps                   (a) before 7am or after 10pm on any day if the noise is audible
                        (b) from 7am to 7pm on any day if the noise is more than 50dB(A); or
                        (c) from 7pm to 10pm on any day if the noise is more than 5dB(A)above background
air-conditioning        Must not use or allow use
                        a) from 7am to 10pm on any day if the noise is more than 50dB(A); or
                        b) before 7am tor after 10pm on any day if the noise is more than the higher of 40dB(a) or 5dB(a) above
Refrigeration           Must not use or allow use
equipment               (a) before 7am or after 10pm on any day if the noise is more than the higher of 40dB(a) Or 5dB(A) above
                            background: or
                        (b) from 7am to 10pm on any day if the noise is more than 50dB(A)
Indoor venues           Must not use or allow use
                        (a) before 7am on any day if the noise is audible; or
                        (b) from 7am to 10pm on any day if the noise is more than 50dB(A); or
                        (c) ) after 10pm on any day if the noise is more than the lesser of 45dB(A) or 10dB(A) above background
open-air event          Must not use or allow use
                        (a) before 7am on any day if the noise is audible; or
                        (b) from 7am to 10pm on any day if the noise is more than 70dB(A); or
                        (c) after 10pm on any day if the noise is more than the lesser of 5OdB(A) or 10dB(A) above background
amplifier devices       Must not use or allow use
                        a) Saturday, Sunday or public holiday before 8am or after 6pm if the noise is audible;, or
                        b) Saturday, Sunday or public holiday from 8arn to 6pm if the noise is more than 10dB(a) above background; or
                        c) on a business day before 7am or after 10pm if the noise is audible; or
                        d) on a business day from 7am to 10pm if the noise is more than 10dB(A) above background
power boat sports       Must not use or allow use
                        (a) on a Sunday or public holiday before 8am or after 6:30pm for more than continuous period of 2 minutes; or
                        (b) on a Saturday or business day before 7am or after 7pm for more than continuous period of 2 minutes; or
                        (c) on any day at any time for more than a continuous period of 2 minutes is the noise is more than 75dB(A) at the
                            shore 30 metres from the boat, or
power boat engine       Must not use or allow use
on premises             (a) on a Sunday or public holiday before 8am or after 6:30pm or;
                        (b) on a Saturday or business day before 7am or after 7pm

The table above is a general outline of the nuisance provisions. More detail regarding the interpretation of the above table and definitions
can be found within the nuisance provisions. Please feel free to contact the Agency on 1800 501 807 with any specific queries you may
  Letter to your
Neighbour (Optional)
Dear Neighbour

You may not be aware but your dog is currently causing a
noise nuisance in the neighbourhood by barking.

I have discussed this problem with Fitzroy Shire Council
and they have suggested that as a first step, I communicate
my concern to you so as to allow you the opportunity to
rectify the situation without recording an official
complaint against you on Council's file.

Attached to this letter is information that may be of
assistance to you in solving your problem.

Your co-operation at this stage is all that is needed to
avoid this matter progressing any further.

Your Neighbour
                                THE ABOISTOP DEVICE
DOGS                                                     TECHNICAL SPECIFICATIONS
Smell which is their most highly developed sense         ABOISTOP which has been developed by the
works like a "radar", Dogs are about a thousand          Veterinary Schools of Nantes and Lyon (France)
times as sensitive as human beings.                      and supported by the French Ministry for the
Any new smell that is unknown in their nose              Environment, offers a real solution to the problem
catches their attention, creating a new centre of        of untimely barking.
interest for them. Dogs then tend to disregard all       The electric housing picks up every bark by means
that previously used to make them bark.                  of a microphone and it opens an electric valve in a
                                                         citronella reservoir under pressure, releasing a
BARKING                                                  spray into the dog's nose.
Regarded in many countries as one of the main
sources of noise pollution, barking reflects the         EFFICIENCY
emotional state of dogs.                                 The results of studies carried out within the
Barking is indeed the            main    means     of    framework of two veterinary doctoral theses have
communication for dogs.                                  demonstrated that the device is extremely
However, they are strongly influenced by an              - for 80% of the dogs: total conditioning effect
environment that can either put an end to a                  (barking ceases);
behavioural tendency or favour it depending on           - for 20% of them: considerable decrease in
the quantity and quality of the stimuli it provides.         barking.
Consequently dogs that bark too much must have
their behaviour changed.                                 ABOISTOP KIT
                                                         Each ABOISTOP Kit comprises an atomiser with
THE ANTI-BARKING DEVICE                                  a wearing strap, a citronella-based aerosol refill, a
The anti-barking device, being easy to use and           6 volts battery, and instructions for use. Each
independent of any direct human intervention, can        device has an identification number.
offer an attractive solution, insofar of course as its
use is neither dangerous nor traumatic for the           AFTER-SALES SERVICE
animal, and may save an animal from being
destroyed or abandoned.                                  A Guarantee Card is included in each ABOISTOP
                                                         Kit. At the time of purchase, your veterinary
                                                         surgeon will stamp the card and inscribe the date
PRINCIPLE                                                of purchase on it.
The ABOISTOP Device applies the principle of             The consumer then duly signs the card and returns
the Pavlovian Reflex.                                    it to DLC Australia Pty Ltd (Australian Agent for
The ABOISTOP Device sprays a harmless scent              Dynavet France).
basically composed of citronella oil next to the         The ABOISTOP is guaranteed for three months.
dog's muzzle. The dog is rapidly able to establish a     Should a problem arise, the device con be
relation between the scent spray and its barking. It     despatched for repair by parcel post to DLC
then quickly keeps quiet.                                Australia and returned in good working order, 7 to
If you want your pet to go back to his or her            10 days later.
former behaviour, then you just have to take the         When problems arise during the guarantee period,
ABOISTOP Device off.                                     the service is free; beyond this period a charge is
                                 INFORMATION ON
                               ANTI-BARKING COLLARS
The Fitzroy Shire Council has available, an Aboistop Anti-Barking Collar for use by residents in
Gracemere and Bouldercombe to help achieve an effective and economical solution to problems
arising from barking dogs.

The collar has been used by a number of other Councils in Queensland and interstate, with
great success.

                     COUNCIL'S ANTI-BARKING COLLAR
1.        Bookings in relation to the hire of the anti-barking collar(s) are to be made through the
          Corporate, Community and Environmental Services Department on 4931 5414.
2.        A security deposit of $50.00, a daily hire rate of 55 cents and a citronella can at $19.80
          must be paid to Council at the Administration Centre in Ranger Street, Gracemere upon
          collection of the anti-barking collar.
3.        It is suggested that the anti-barking collar be hired for an initial maximum period of
          fourteen (14) days and the success be evaluated thereafter.
4.        Please read the instructions leaflet, supplied with the collar carefully. If you have any
          concerns or enquiries regards its use, please do not hesitate to call Corporate, Community
          and Environmental Services on 4931 5414.
5.        On return the anti-barking collar will be inspected for any damage that has occurred whilst
          in possession of the hirer. The hirer is responsible for any damage that has occurred whilst
          in his/her possession and the cost of repairs will be taken from the deposit. Should the
          deposit not be sufficient to cover the cost of repairs, then any balance outstanding is to be
          paid by the hirer.
6.        If the unit is not returned in a clean state, an additional charge of $15.00 will be deducted
          from the security deposit.
7.        Council will not be liable for any damage to any person, property or animal resulting from
          the use of this equipment while in control of the hirer.


     have read and accept the above procedures and conditions relating to the hiring of Council's
     Anti-barking collar.

     SIGNATURE                                                        DATE
   DON'T BE A NUISANCE - BE A                           WHAT DON'T THE LAWS COVER?                                           PENALTIES
        GOOD NEIGHBOUR                                The new laws do not cover some potentially            Investigating officers have the power to issue
The Queensland Environmental Protection Agency        annoying activities already covered by other          warning notices, on-the-spot-fines, or abatement
(EPA) has introduced nuisance laws to help make       State Government legislation. These include:          notices.
Queensland a more livable place.                      ♦ noise from music, parties and vehicles (off
                                                          road) - contact Queensland Police Service         A warning notice may be issued first, with
The laws aim to strike a balance between              ♦ noise from licensed premises including              information on the laws and how to comply with
protecting our quality of life and the reasonable         nightclubs - contact Department of Tourism        the requirements.
pursuit of activities that have the potential to          and Racing.
annoy others.                                                                                               Fines can be issued for common noise offences,
                                                      Some exemptions to the laws exist, including:         usually after a warning notice has been issued.
                                                      ♦ audible traffic lights                              The minimum fine is $120, and the maximum is
                                                      ♦ education facilities in certain cases               $480 for corporations not complying with
The new laws specify conditions, hours of
                                                      ♦ domestic cooking odours.                            abatement notices.
operation and noise levels for a number of
activities including:
                                                            HOW DO THE LAWS WORK?                           Abatement notices can be issued for a number of
♦ building works and construction sites
                                                      The nuisance laws are complaint-driven - that         offences relating to noise levels and emissions for
♦ regulated devices (including power tools and
                                                      means a complaint must be made before a problem       dust, ash, fumes, light, odour and smoke.
    lawn mowers)
♦ barking dogs and noise from other domestic          will be investigated. Anonymous complaints won't
                                                      be accepted, but complaints will be kept              Abatement notices are issued to the person
                                                      confidential.                                         causing the nuisance and can require the person to
♦ indoor venues and open air events
                                                      Once a complaint is made, it will be investigated     stop their activities, or to reduce the nuisance to
♦ air conditioners
                                                      and appropriate action taken.                         an acceptable level.
♦ amplified devices (including public address
    systems and telephone repeater bells)
                                                                                                            People issued with fines and abatement notices
♦ swimming pool pumps and spas                        WHO INVESTIGATES COMPLAINTS?
                                                                                                            can appeal against the decision.
♦ powerboats and jet skis.                            Responsibility for investigating complaints is
                                                      shared between local government and the EPA.
The laws also cover unreasonable emissions such
as:                                                   Local government investigates complaints relating
♦ smoke from wood fired heaters or burning            to residential property, such as noisy household
    off                                               air conditioners and pool pumps. The EPA is
♦ dust from construction or clearing                  responsible for investigating complaints relating
♦ light from premises                                 to non-residential, commercial and industrial
♦ ash from burning off                                property.
♦ odour from rubbish and compost bins.
                                                      If you choose to lodge a complaint, call your local
Conditions for a variety of other activities area     council or your local EPA office.
also included. A full list can be obtained from the
EPA or from local government offices.                 If you need advice, or copies of fact sheets
                                                      or guidelines, call the EPA on 1800 501 087
                                                      or email
     SPECIFIC CONDITIONS FOR                       Power boats and jet skis                             ♦   the views of the complainants.
                                                   On Land
                                                   Monday to Saturday                                   If people do not comply with abatement notices,
The following table outlines the specific
                                                   7am-7pm - noise permitted (responsible behaviour     they can be fined $240 on-the-spot for
conditions for some of the issues covered by the
                                                             encouraged)                                individuals or $480 on-the-spot for companies or
nuisance laws.
                                                   7pm-7am - no audible noise permitted                 corporations.
                                                   Sundays and public holidays
Barking dogs (or other domestic animal noise)
                                                   8am-6.30pm   - noise permitted (responsible          FURTHER INFORMATION
7am-10pm - no more than six minutes of noise in
                                                                behaviour encouraged)                   For more information, call either your local
          any hour
                                                   6.30pm-8am.- no audible noise permitted
10pm-7am- no more than three minutes of noise in                                                        council, or your local EPA office.
         any 30 minute period                                                                           ♦ To report a residential problem, call your
                                                   On water (applies to power boats and jet skis
                                                   involved in power boat sports)                          local council.
Swimming pool and spa pumps                                                                             ♦ To report a non-residential problem, call
                                                   Monday to Saturday
7am-7pm - noise no louder than 50 decibels
                                                   7am-7pm - more than 75 decibels of noise for            your local EPA office.
7pm- 10pm -no more than 5 decibels above
                                                            continuous periods of two minutes or
          background noise level
10pm-7am-no audible noise permitted
                                                            longer not permitted                        Visit the EPA website at
                                                   7pm-7am - audible noise not permitted for more
                                                            than two minutes
Regulated devices (including power tools and
                                                   Sundays and public holidays
lawn mowers)
                                                   8am-6.30pm - More than 75 decibels of noise for
Monday To Saturday
                                                               continuous periods of two minutes
7am-7pm - regulated devices can be used
                                                   or          longer not permitted
7pm-7am - no audible noise permitted
                                                   6.30pm-8am - audible noise not permitted for
Sundays And Public Holidays
                                                                more than two minutes
8am-7pm - regulated devices can be used
7pm-8am - no audible noise permitted
                                                   DUST, SMOKE, ASH, ODOUR LIGHT
Building works                                     AND FUMES
6.30am-6.30pm (Monday to Saturday) - noise         Abatement notices can be issued for nuisance
               permitted                           caused by dust, smoke, ash, odour, light and
6.30pm-6.30am - no audible noise permitted         fumes. The local government or EPA officer
Sundays, public holidays - no audible noise        investigating the situation will decide whether or
permitted                                          not to issue a notice based on the following
Air-conditioning equipment                         ♦ time of release
7am- 10pm (any day) - noise no louder than 50      ♦ how long it lasts
         decibels                                  ♦ how often it happens
10pm-7am - either 40 decibels or 5 decibels        ♦ the type of environment - for example, is the
          above background noise level                 release of dust, odour, light or fumes taking
                                                       place in a heavily populated residential area?
                                                   ♦ the impact on the environment

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