Barking Dogs
What can the Council’s Dog Control & Welfare
Officers do to help you with problems arising from Barking
Dogs
There is no specific legislation covering problems with
Barking Dogs however complaints can be dealt with either as a
nuisance under the Environmental Protection Act 1990 or the Civic
Government (Scotland) Act 1982. It has been the practice
where complaints have not been resolved informally to deal with
them in terms of the Civic Government Act and the procedure is
described in detail below.
Who will investigate my complaint?
An experienced Dog Control & Welfare Officer who
deals with all dog related problems in the community.
Sometimes there are also deliberate attempts to make dogs bark by
annoying them.
What will happen?
When your complaint is received you will be contacted within 3 days
by a Dog Control & Welfare Officer. The officer will
want to know some basic details such as:
- When the dog is barking.
- What is the address of the premises where the dog is kept, and
if possible
- The name of the owner of the dog.
It would also assist officers, and in particular if the complaint
is taken to the District Court, if you were to keep a log of the
times and dates that the dog was barking.
Confidentiality
Your name and address will never be given to the person
complained about without your permission. However you should be
prepared to give us your name and address and you should also be
aware that if the complaint eventually ends in court proceedings it
will likely lead to the offender knowing who you are.
What type of complaints do we investigate?
The most common scenario is where dogs are either left outside the
premises on their own or alternatively are left to bark outside by
their owner without any attempt to train them to do
otherwise.
The site will be visited at the appropriate time by a uniformed Dog
Control & Welfare Officer in a marked vehicle. To maintain
confidentiality your house or premises will not be visited unless
you specifically request it.
Is there any difference in dealing with complaints
concerning dogs barking in Council Property?
Generally there is not however in certain cases the Dog
Control & Welfare Officer may involve our Housing Services if
the dog is found to be causing a nuisance to neighbours.
What are the likely outcomes of your complaint?
- Many of the complaints are dealt with informally by the Dog
Control & Welfare Officers and a word of advice to the owner is
all that is required to solve the problem.
- Where previous warnings given by the Dog Control & Welfare
Officer have gone unheeded it is the practice to encourage persons
annoyed by the barking dogs to take action under Section 49 of the
Civic Government (Scotland) Act.
What action do I have to take where the complaint cannot be
resolved informally?
The Dog Control Officer will take you through the steps
required which are as follows:
- You must complete a declaration which is submitted to the
District Court via The Clerk to the District Court. This procedure
does not cost anything other than your time.
- You must have someone to corroborate your statement.
- If the Dog Control & Welfare Officer has heard the barking
he may act as a witness for you.
Will I have to appear in the District Court?
Yes, you will have to appear personally but you may also be
represented in court.
What can the court do to resolve the problem?
The court can order the owner of the dog to take appropriate action
to stop the dog barking or remove it from the premises.
What are you entitled to from a Dog Control Officer?
• To be shown identification (all our officers
carry identity cards).
• A courteous and professional manner.
• Confirmation of the action taken as a result of your
complaint.
