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Barking Dogs

Barking Dogs

In a case where barking dogs are causing a nuisance the legislation applicable is the Control of Dogs Act 1986.  (The prosecution must be taken by the aggrieved party, not the Local Authority).

 

Section 25 states

 

 

(1)   Where, on a complaint being made to the District Court by any person, it appears that a nuisance has been created as a result of excessive barking by a dog, the court may—

 

a)    order the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog;

 

b)   make an order limiting for such period as may be specified in the order the number of dogs to be kept by the respondent on his premises;

 

c)    direct that the dog be delivered to a dog warden to be dealt with by him in accordance with the provisions of this Act as if the dog were an unwanted dog.

 

(2)   Before any person makes a complaint to the District Court in relation to a nuisance caused by the excessive barking of a dog, he shall serve notice in the prescribed form, within such time as may be specified in the notice, of his intention to make such a complaint on the occupier of the premises in which the dog is kept.

 

Section 32 states: Where a notice is required or authorised by this Act to be given to a person, the notice shall be addressed to that person and shall be given to him in one of the following ways:

 

(a)  by delivering it to him,

(b) by leaving it at the address at which he ordinarily resides.

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides.

 

 

Form No 5 Control of Dogs Regulations 1998 (40KB) The form to be used when making a complaint under Section 25 of the Control of Dogs Act 1986.