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 [Dog and Cat Management Act 1995 (SA) s 45A(5)].
Maximum Penalty: $1,250 fine
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). 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 in contravention of the order, 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 [s 55].
Maximum Penalty: $2,500 fine
Expiation fee: $500
From more information about excessive barking, visit the Dog and Cat Management Board's website.
The Local Nuisance and Litter Control Act 2016 (SA), which deals with other nuisance situations, specifically excludes barking dogs from being considered a 'nuisance' under that Act [see s 17 and Sch 1 cl 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.