If a dog (either alone or together with other dogs) creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace and comfort of another person, then the Dog and Cat Management Board or the local council can issue the owner or person responsible for the dog with an expiation notice or a summons to answer a charge and pay a fine [see s 45A(5) Dog and Cat Management Act 1995 (SA)].
Expiation fee $315
Both the Dog And Cat Management Board and local councils also have the power to issue Control (Barking Dog) Orders. They can issue this order on their own initiative or on an application from someone, if satisfied that the dog is a nuisance and has created noise by barking or otherwise in circumstances that would constitute an offence under s 45A(5), described above. The order requires that all reasonable steps be taken to prevent the dog from repeating the behaviour that gave rise to the order and the dog and the person responsible for the dog undertake specified training courses [see ss 50(6), 51(e)]. If the dog then repeats the behaviour, the person who owns or is responsible for the dog can be issued with an expiation notice or a summons to answer a charge and pay a fine.
Maximum Penalty: fine of up to $2 500
Expiation fee: $400
See Dog and Cat Management Act 1995 (SA) s 55(1).
From more information about excessive barking, go to www.gooddogsa.com, a website of the Dog and Cat Management Board.
The Local Nuisance and Litter Control 2016 (SA), which deals with other nuisance situations, specifically excludes barking dogs from being considered a 'nuisance' under that Act [see s17(5)(o)]. This means that barking dog complaints must be dealt with by the Dog and Cat Management Board and local councils, as described above.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.