Pet owners in NSW can be fined upwards of $1500 for a little-known rule that one lawyer said often affected owners who do not get along with their neighbours.
Owners of dogs declared to be a “nuisance” after a tip-off from an angry neighbour can face ever-increasing fines, depending on how often the complaint has been made.
A dog can be declared a nuisance dog for a few reasons, including behavioural issues such as excessive barking, consistently roaming unsupervised, repeatedly defecating on another person’s property, chasing people or other animals, or damaging another person’s property.
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If the dog is designated a “nuisance”, the owner can be fined up to $880 for the first offence and $1650 for a second or subsequent offence.
Principal lawyer at Sydney law firm Astor Legal, Avinash Singh, said the most common act for which he saw owners fined were excessive barking and the dog chasing people or animals.
“Dog owners who have bad relationships with their neighbours often find themselves reported to council for their dog excessively barking,” he said.
Singh says owners could use audio or video recordings to protect from “false complaints” from neighbours.
“Although these allegations are usually untrue, many dog owners (also) choose to implement audio and video recording equipment on their properties in an effort to prevent false complaints of excessive barking,” he said.
“However, there are strict laws under the Surveillance Devices Act that govern the use of recording devices, so you should always get legal advice before installing these, or you could risk committing a criminal offence.”
Last year, a single mum in Sydney lashed out at her critics after receiving a letter on her gate telling her to walk her dog Jasper so he doesn’t bark.
Across the border in Queensland, a Gold Coast resident received a ‘disgusting’ note threatening to harm their dog over barking allegations, which the owner said were false.