Parent's Neighbour's Barking Dog. Sue Neighbour and/or Council?

10/8/22- BIG THANK YOU TO THE OZBARGAIN COMMUNITY! Update below

The last few years my mother has been dealing with neighbors dogs that bark constantly through the night and during the day (they are left outside). She has put up with this for years and it is impacting on her mental health and enjoyment of her home.

She contacted the local council multiple times but instead of helping they referred her to the local police, and the police refer her back to the council. She believes that her complaint is being trivialised and wants to pursue further action. The council has cancelled investigations because they say they've spoken to neighbours who haven't made any complaints, but my mother has spoken to her neighbours and they say they haven't been visited by the council.

She is planning on suing the neighbour and perhaps the council for the suffering it has caused her. She has asked me to financially assist with her legal case as she is a pensioner. I'm unsure as to what the risk of her losing the case would be and hence my money.

Would she be unlikely to succeed in suing the neighbour? Should she sue the council for inaction? Any other advice about how I can help her? She cannot move house as she is a pensioner.

She has many recordings of the dog barking, and one of her neighbours is able to confirm this. She believes she has followed the appropriate progress of escalation, contacting council, and seeking noise abatement order.

Thanks in advance.

10/8/22- BIG THANK YOU TO THE OZBARGAIN COMMUNITY! Very appreciative of all the comments and I am very grateful for all the advice.
Mother lives in NSW. FOI request is pending. Probably won't be pursuing legal action from all your helpful advice. Suggestions I found very helpful- approaching ombudsman, councillors/ Mayor, council complaints process, legal aid (pending), mediation, local rangers, ultrasonic barking deterrent.

Comments

  • +2

    Don't waste your money on legal fees, soundproof her bedroom maybe.. also does she own the house or is she renting?

    Consider helping her move if it's really taking a toll, if she owns she could lease the house our for a year or two & rent elsewhere.

  • You can't sue over a barking dog, that's ridiculous. You can take the neighbours to free mediation and the member can help bring about a solution if the neighbour is unwilling.

    • It's been done in extreme cases. Damages and costs were awarded.

      Mediation is voluntary, so don't expect them to turn up. Nice dog owners fix the barking without being asked.

    • Why not

  • Speak to your local mayor, or any of the local Govt Councillors.

    Also, speak to your local State Member. Say that you have been referred from Council to Police to Council,,,

    Start keeping a log of times, record if possible.

    Noise Cancelling Headphones?

  • She is planning on suing the neighbour and perhaps the council for the suffering it has caused her.

    Not sure if this is applicable, in particular in Australia.

    Many centuries ago my vehicle was damaged by a broken council signage. After escalating my claim for compensation a very lengthy and friendly letter from their layers methodically explain they do not have any responsibility, mentioning lots of legal arguments.

    A council not acting "fast and assertively enough" will probably be one of those.

    Soundproofing, moving or/and retaliation will perhaps work.

    • retaliation! maybe they can borrow those lights that increases the value of your house as a weapon.

      • Only for non-Riffraff renters ;-p

  • +1

    Keep a written diary of each time this happens, and include details of the date and time, and what activities were being done at the time. E.g. "9th August 2022 - 3:24AM - woken up by incessant dog barking". Include sound recordings if possible, and include that in your written diary that this entry has an accompanying recording.

    Log a mediation request, and then go to tribunal if a resolution is not able to be met. It's cheaper than suing but more time consuming, it is expected to take many many months.

    • And probably the length of time the barking occurs for each incident.

  • +2

    Another day, another inconsiderate neighbour. Got to love people!

    Print out a letter and drop it in the mail box. If no change, drop another one with a reminder and that action will be taken.

    Otherwise take it to tribunal or the classic, A Current Affairs.

  • +1

    I have no experience with dogs, but googling 'ways to stop a barking dog' pointed dog whistles. Does anyone know if this would work?

  • +12

    I know a guy who had the same issue. He made countless audio recordings of the dog which had an extremely loud and distinctive bark. A border collie I believe. The council failed to act on the recorded evidence. So, the guy hid a very powerful Bluetooth speaker in his yard and played the recordings randomly between 10pm and 4am. He assumes that council and the dog's owner were flooded with complaints because the dog disappeared a week later.

    • +1

      OP should do something like this but play back some sort of high pitched noise only the dogs can hear.

      • +5

        The guy I know tried that first. He downloaded numerous audio tracks (various frequencies) from YouTube which were supposed to stop barking but he said not a single one had any effect whatsoever.
        Also, he tried a few ultrasonic devices that many here are recommending and they too were useless.
        I think it was genius to play the actual dog's barking through a Bluetooth speaker.
        Interestingly, the offending dog didn't join in when it heard the recordings of itself 🤔

    • +4

      fight fire with fire…

    • Ingenious

    • Can you please elaborate? Speaker model, the actual place it was placed (in the bush, etc) how & when to place and retrieve, how many days it's there, etc? Please?

      • +1

        The speaker was a Tribit Stormbox Pro 40W he bought from Amazon.
        As for your other questions, he said it will depend upon the unique circumstances.
        He retrieved the speaker daily to recharge the battery.
        It is important to make high quality recordings so that everyone believes it is the dog barking.
        He made the recordings with his Samsung Galaxy phone and sent them to the Bluetooth speaker.

  • +1

    What written evidence has your mum got that shows she has written to council, received written responses fobbing her off etc.. if there is nothing in writing then do not proceed with the legal action. First thing I would do get a 'stop bark' device : https://aussiebarkcontrol.com/products/dog-silencer-max

    • Geez this is genius. Didn't know something like this existed.

    • The guy I posted about tried this exact device for 10 days and it didn't work at all. So, he returned it for a refund. Maybe it works on some dogs but he said it was useless in his situation.
      I just noticed on the website for the device that they have crossed out the 60 day money back guarantee 🤔

      • +1

        60 day money back guarantee visible to me on desktop website.

        • Yeah maybe because I'm browsing on a mobile. Perhaps it's meant to be highlighted text but it appears to be struck out to me.

  • +21

    I never understood the Australian fixation with getting a dog and leaving it outside barking until it dies.

    • +4

      I've never heard it put that way before but you are absolutely right 🤣

    • It's not an Australian fixation per-se. It's a bogan fixation. IMO bogans are %50 of the population of Strayaaaa

  • +4

    Yeah, it's been much worse since covid. Everyone's buying dogs, complaints through the roof, and there's a lack of staff. Councils set the bar so high that you have to be very determined. The cops are right to send you back to council. It's their job, not the cops. Council collects the registration fees so they own the problem. I am not a lawyer, but suing council seems like a bad idea. Just focus on removing the dogs, not on retribution.

  • +4

    Approach your council and do an FOI. This will let you see what actions Council has actually undertaken.
    Look up the local by laws to see what legislation they should be using and see if their actions are appropriate.
    Even ask for their process and procedures for such matters to see if they have done right by your mum.
    If unsatisfied take such information to your local ombudsman to light a fire under council.
    Once you get to this stage you will have a better idea if legal action is appropriate.

    • +3

      Good point. An FOI shows that you're not a pushover. Also ask for the number of complaints, inspections and warnings. You may have to pay a small fee but it's worth it.

  • +4

    We had one of these a-holes living behind us at a previous rental. The guy actually came over the day after we moved in to say that if we ever heard his dog bark, to just tell it to shut up and let him know. I thought, "oh boy, here we go"….I ended up putting up with it for a few weeks and then put a note in his postbox. Well, of course he denied the barking and basically became threatening. I contacted the council and they said to fill out a "barking log"— a bit crazy, really. They wanted me to write down every time the dog barked and for how long- lol. I said, you want me to sit and do this, ALL DAY LONG? Instead, I used my spare phone and an app that recorded whenever it heard noise + put a timestamp on it. Essentially, the dog barked over 100 times per hour. They then asked if I could video the back garden to show we weren't instigating it! Apparently, the other neighbour (who also had barking dogs, but only occasionally) told the ranger they never heard the dog barking. FFS. So, we do this video & as luck would have it, you could clearly hear that other neighbour telling the dog to shut up! Hahaha. They guy was told to stop the noise (keep the dog inside when they weren't home) or he'd get fined for each call about the dog, starting at $200. Never heard the dog again.

    • +2

      it's very likely shitty neighbour got the dog debarked instead of training it properly in the first place. poor dog.

      • +2

        Nope, I saw them actually walking it about a week later, and he was still yapping. Poor dog, is right, though. They used to leave it outside at night while they went out, in the winter when it was storming and pissing rain, too. They must've either kept it indoors or left it with someone when they were out. All I know is we finally had peace & quiet & the dog had it better, too. :)

        • +1

          that's good to know, because it's commonly a shitty easy way out for these sort of people.

          • +3

            @slowmo: dogs bark. even well trained ones bark. surely doesnt take a genius to figure that out before buying a dog. but apparently it does. aussies love their little guard animals though!

            • @belongsinforums: you are barking up the wrong proverbial tree.

              people who have dogs that barks to the point others who have no money are thinking of suing are either not training their dogs or causing their dogs to have issues like separation anxiety.

              these are not the geniuses you are thinking about smugly.

              • +2

                @slowmo: had dogs growing up. they barked incessantly at anyone walking by the house. sometimes they escaped and went walkabouts all day. neighbours must have hated us. i cant imagine doing what my parents did to others

    • an app that recorded whenever it heard noise

      I wonder if I could use that to see what the possums are getting up to on my back patio, little buggers

    • Interesting - do you remember the name of the app?

  • +6

    Yet ANOTHER example of how USELESS councils are.

  • +3

    Is your neighbor John Wick? If yes, don't fxxk with his dog.

  • +5

    I had a problem with noise years ago when a large townhouse complex was being built behind our home. there was major earthworks and construction happening from 4am every morning. I tried to talk to contractors, the site foreman and then the management of the large corporation in charge of the project. I also was making many many complaints to council who's bylaws stated no work before 7am. I had video evidence etc but no till success I rang the deputy mayor at 3.50am. I told him if I and my family had to be woken at this time 6 days a week, then he could too. I informed him I would be ringing at this time every day that work commenced before 7am. Problem solved.

    • I had video evidence etc but no till success I rang the deputy mayor at 3.50am. I told him if I and my family had to be woken at this time 6 days a week, then he could too.

      Did you phone his/her office and leave a message at 3:50am? Phoning their private/personal number would be a good way to have the fixated persons unit show up at your house to arrest you …

      • called his home. he was stupid enough to have his home number listed and I had reason enough to call. he was not happy though!

  • +5

    Had an issue with a constantly barking neighbours dog at my old house, we couldn't go into our own backyard without it up against the fence doing its nut. I tried speaking to the owner but he was a (profanity) about it and it fell on deaf ears with him saying it's a dog, dogs bark deal with it.

    I was sceptical at first but I bought a dog dazer off eBay ( https://tinyurl.com/Dog-Dazer) and after a couple of days of giving the dog a blast or two when it started to bark I had a much quieter dog and also had it running for the other side of the house every time myself or a family member even stepped out the back door.

    Could be worth a try in conjunction with the slow old process of getting the council to do anything other than put their hand out for your rates.

    • +3

      I've owned an original Dazer (made in the USA) for some 30 years. I carried it on my belt when I worked as a private investigator and process server.
      It was recommended by an AFP agent.
      It was quite effective in most situations but I noticed that old dogs didn't react strongly to it. Perhaps they were going deaf 🤔
      On one memorable occasion I entered a property which had two aggressive rottweillers in the front yard. The Dazer kept them at bay but then they separated and started circling me so I made a hasty retreat 😂

      • +3

        Yes I've noticed that too, dogs like their human counterparts seem to have variable hearing levels (at least at the frequency the dog dazer works at) but owners are probably oblivious.

        Still, it fixed my problem at the time, hopefully it could help the OP as well.

  • +1

    Play loud music and see what the council says

  • +1

    I hope your mum isn't our neighbour. The situation sounds quite similar. Although our dogs don't generally bark at night, they've been barking a lot during the day but the only reason that is is because our back neighbours kids always climb the fence and provoke them. They literally throw stuff at our dogs for hours during the day and just sit on the fence yelling at them. We've tried talking to them and calling the cops as well but they didn't really seem to care. Trust me, we don't like it either.

    I know I said they don't bark at night, and they don't. But a while ago one of our dogs was barking constantly, so we let him sleep inside until we solved it (with the high pitch collar and getting him a friend) but the neighbour was so adamant that he was still barking at night despite sleeping inside IN MY ROOM for two weeks. So I'm not ruling it out.

    • +1

      I doubt she has kids at home as she is a pensioner.

      No one minds a dog barking.

      People do mind a dog barking excessively, that won't shut up.

      • +2

        No, not her kids, another neighbour

  • +3

    Which council is it?
    Find your council ward representative and hound them to assist. They must have a nuisance barking dog process that works in conjunction with state laws.

    • and hound them to assist

      Very clever!

  • +1

    Council should really be doing better.
    Our one has something like in excess of 15 mins of barking per hour is excessive
    Just needed to video tape and dob in.
    If its bad they can force them to retrain, get vocal chords cut or even take them away in the worst situations

  • Would she be unlikely to succeed in suing the neighbour?

    Yes.

    Should she sue the council for inaction?

    No. She has (at the moment) no cause of action and that would see the claim dismissed.

  • -5

    Gotta ask. Why can she not move house due to being a pensioner? My mother is a pensioner and has moved several times. Her friends are all pensioners and have sold houses and moved. Do you mean it is inconvenient for her to move? What's more of a hassle, her moving or her mental health suffering?

  • +1

    If the council isn’t doing anything then there is a good chance your neighbour has someone inside gives it immunity. You can file a complaint with Ombudsman against the council but they normally cover up each other mess so good luck with it.

  • +1

    Have you quantified the issue?

    Perhaps noise testing and a diary would prove the scale of the problem

  • +1

    I wonder if there a bigger problem with councils not having enough money to resource more rangers to deal with problems like this.
    An example is the one on current affair of illegal dumping where ranger and council did nothing
    https://9now.nine.com.au/a-current-affair/toxic-waste-dumped…

    • Council is not there to serve you. They are there to serve themself.

  • +1

    OP has not posted since - one and done ?

    I would ask which local council - some are better than others - y'know - rats in the ranks - mates rates - shibby rite mite

    if a bad council, maybe call up Channel 9 ACA to shame to blighters

    if they are tenants, google the address to find the agent, then report them to the agent for breaching conditions of their lease agreement

    e.g. in the standard NSW Residential Tenancy Agreement -
    '16.The tenant agrees:
    16.1 not to use the residential premises, or cause or permit the premises to be used, for any illegal purpose, and
    16.2 not to cause or permit a nuisance, and
    16.3 not to interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of neighbours' -
    https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/00…

    and ask for eviction - (agents typically like 3 complaints before evicting unless they are already looking for a reason to evict a bad tenant)

  • Its up to the council. I reported my neighbours dog and it has since eased. I don't have a problem during the day, but of an evening I think it is a joke. I am in Baw Baw Shire VIC, but I think its the same for all areas and states?

    The last few years my mother has been dealing with neighbors dogs that bark constantly through the night and during the day (they are left outside)

    Well she needs to log this so she can report it to the council. I did this for my neighbours dog.

    She contacted the local council multiple times but instead of helping they referred her to the local police, and the police refer her back to the council.

    Its the councils job, they are just probably trying to pass the buck.

    She has many recordings of the dog barking, and one of her neighbours is able to confirm this. She believes she has followed the appropriate progress of escalation, contacting council, and seeking noise abatement order.

    Perfect, this needs to go to the council.

  • +2

    Step 1. Save your urine
    Step 2. Feed urine to pressure washer
    Step 3. Set pressure washer to concentrated stream
    Step 4. Aim at dogs only when they bark
    Now you are top dog.

  • Sue the owners for

    1. Being shit parents
    2. Being shit neighbour’s
    3. Being a shit dog owner who have no idea

    Then

    Provide them some links and phone numbers on how to be

    1. Better parents
    2. Better dog owners
    3. Being better neighbour’s

    If you don’t take the time to invest into your dog’s up bringing and discipline them as such, then you are a shit parent :)

    Give them hell OP!

  • Why not just wait for the abatement notice to be issued to the owner?

    If the goal is to reduce noise and live in peace and quiet, then the abatement notice will serve hefty penalties for the owner if they do not mitigate the noise issues over the specified time in the notice. That in itself, would surely be a motivator for the owner to take some responsibility to ensure the barking does not continue excessively.

    • The mother has not been able to get the Council to help.

  • The nation of litigation

  • +2

    Sue the dog. He's the one that's barking

  • Phenergan + dog food snack. Over the fence. You may get snoring noises, but at least its not barking.

  • Wish there are pets free streets in every suburbs.

  • You cannot sue for this. I mean you can, but you'd spend tens of thousands of dollars only to have the matter dismissed.

    You lodge a noise complaint via the council. They will come out and do observations, It may take a few times to get the reports they need, but once they do, they will provide a notice to the neighbour. A few of these notices and the dog can be confiscated.

  • -4

    My grandfather had this issue years and years ago (he's passed away now) but he fixed it himself by baiting the dog with rat poison.

    Not advocating for this method of rectification but what I don't understand is how people are so relaxed about letting their dogs bark. People can be crazy.

    • Wow, I hope no one poisoned your dog because you accidentally trapped it in a back room of the house for 8 hours and it was no doubt in a frenzy of barking, howling, scratching, digging madness that must've sounded absolutely horrendous to any of your neighbours within earshot.

      To be fair, you did own up to it in your response to comments!

      https://www.ozbargain.com.au/comment/12012950/redir

      • No one poisoned my dog, no.

        I don't fully understand why you felt the need to crawl through post history to find that, as I stated pretty clearly that I don't advocate for baiting animals, I mentioned it as some people just take matters into their own hands with no regard for the law or the life of the animal.

  • 10/8/22- BIG THANK YOU TO THE OZBARGAIN COMMUNITY! Very appreciative of all the comments and I am very grateful for all the advice.
    Mother lives in NSW. FOI request is pending. Probably won't be pursuing legal action from all your helpful advice. Suggestions I found very helpful- approaching ombudsman, councillors/ Mayor, council complaints process, legal aid (pending), mediation, local rangers, ultrasonic barking deterrent.

  • +1

    Negative reinforcement does not work on some dogs and some people. Yet all the comments in this discussion suggest just that. The best outcome for all involved is to train the dog. And therefore is the best option worth pursuing first. Given the humans have failed it sounds like professional assistance is required.

    • Agreed, why not determine the underlying cause for the barking so a proper solution can be applied. RSPCA is also apposed to barking collars as they only mask the problem if they even work at all, but dogs are like children, they need to be understood and trained accordingly with leadership.

      https://kb.rspca.org.au/knowledge-base/should-i-use-an-anti-…

      Would you put a barking collar on your child? No.

  • 🤣🤣🤣
    Not it's not America but we are getting there
    I'm glad I don't have a petty neighbour 😅

    • +1

      100% agree, when i was growing up in my parents house, i realise now luckily we had really nice neighbours and everyone got along.

      Since i moved out, I have noticed some neighbours can nitpick everything you do in your own house / backyard and constantly complain because they want you to be be just like them and think just like them, Then there are other neighbours who are decent but also if you end up always letting them have their way soon they get used to walking all over you like doormats to get their way as it makes their life easier and dont give crap about yours.

      Then there are neighbours like who i grew up with who look after one another and care / act almost like friends to each other plus also understand that everyones different and have their own viewpoints and preferences and have the right to do that in their own home and backyard. …

      There are usually 2 sides to these kinds of stories , of course there are exceptions.

      • Yeah honestly not a good neighbour relationship for starters
        I just can't believe how many people buying into this
        I don't complain about my neighbours they don't complain about me
        I think it's exaggerated how it's affected her health
        Play some music put the tv on soften the blow
        There's more important things to worry about

        • I think sometimes people forget there can be 2 sides to a story and other times it's also you imagine the worst case scenario which is possible but the likelihood of that happening is a very small % , the rest are just intolerant of their neighbours and would prefer everything to be suited perfectly to their life.

          • +1

            @lonewolf: Honestly been no mention of even bringing attention to the problem to the neighbours so likely they don't even know their neighbour is going to such extreme lengths of possibly sueing
            People just like to complain sometimes I think and some people just don't like dogs

            • @Onechickandapc: Yup this is the problem, the inherent nature to want to complain when things don't go exactly the way you want them to even when they involve someone else's life and also people who don't care about animals treat them like garbage and think they shouldn't exist at all except for food or amusement but not that they are allowed to have some semblance of life or even be allowed to talk or communicate which is what their bark is often used for.

              • +1

                @lonewolf: It's disappointing to see not many animal lovers
                How many posts I've read about eliminating the dog 🤬
                I feel it says alot about someone's character if they care for animals
                That's right a bark could mean many things and yes that's how they do communicate

                • @Onechickandapc: yup, thats how i feel to when i see so many posts saying that with not really knowing the full picture or actually knowing either side that is involved. For all we could know there are many variables including for reasons we had already stated above. Without knowing either side or story its hard to really say what to do or not do. But some of the ideas of what to do to the dog….Wow.

  • +1

    Instead of "suing" which won't work have you tried speaking to the neighbours?

    I have a 14 year old dog that barks enough to annoy me, if my neighbours were annoyed I would want to know

  • +1

    Contact the council ask specifically for a prevention order under the POEO Act.

  • Bikies

Login or Join to leave a comment