What can Council do to help you?

Council may take action against an animal or poultry owner if their animal or poultry persistently interferes with your peace and harmony.

Convincing an animal or poultry owner to change his or her pet's habits is not easy, and the more information we have, the easier it is to help you.

Sometimes all that is required is for someone from the City to explain to the animal or poultry owner about the problem. Unfortunately, this is often not the case, and in many cases in our experience, the animal or poultry owner doesn't believe that there is a problem.

To make any investigation work, we firstly need some information from you.

Keeping a Record - the 7 Day Diary

A 7-day diary is used as Council's confidential investigation into the complaint. Fill in the diary sheet when the animal or poultry noise occurs. Do not try to remember at the end of each day or night as this will lead to mistakes in the accuracy of the diary. You must remember that the diary is a legal document that could become evidence in court, as such be sure to complete the entry correctly. All details remain confidential. Guidelines for filling out the diary are printed on the form.

In order for us to proceed with any investigation or action we need the following:

Contact Council to receive the appropriate diary

  the completed diary

  the cover completed and signed

  the completed statement section

Additionally, for any formal action to be undertaken, it is necessary that the complaint be substantiated by another adjoining or nearby resident who is experiencing the same problem. Once the diary is complete, the investigating Officer will make inquiries in this regard. If the complaint cannot be substantiated, we cannot take any formal action. This is because we need a minimum standard of evidence to prove a case to a court if need be.

The Next Steps

Once you have filled out the diary, send it to Council at PO Box 8, Salisbury 5108.

One of the Council's Animal Management Officers will approach the animal or poultry owner in person and by letter. The animal or poultry owner will be advised that Council is investigating a complaint and advise them, if required, how to resolve the noise. We will also contact you at this point and let you know the situation.

If the Animal or Poultry Owner Cooperates

If the animal or poultry owner is cooperating, then things become a little easier. Depending upon the nature of the problem, it may take some time to correct a habit of the animal or bird. We will contact you again within 14 days to see if the problem still exists. This time period is to allow for behaviour correction. During this period, please feel free to contact us to pass on your comments. Assuming things improve, no further action will be taken by Council.

If the Animal or Poultry Owner Does Not Cooperate

If the animal or poultry owner refuses to cooperate, the process becomes quite formal.

We have the power to serve an order (a legal document) on the animal or poultry owner to take reasonable steps to abate the noise. They then have 14 days to indicate their intentions.

We may also give you and other complainants diary sheets to fill out during this period. It is very important that you do so as this may have to be produced in evidence later on. If we do not receive all the diaries, or if they are not completed, we will not be able to proceed any further.

After the 14-day period has expired, return the diaries to Council and the situation will be reviewed.

Legal Action

If things have not improved, Council will consider whether or not to take legal action. Legal action is not automatic and depends upon our assessment of each case. Should Court action be necessary, then we may have to ask you to appear as a witness. If you do not wish to do this, then the Council cannot proceed any further.

It may also take some time to obtain a hearing date at the court. During this period you must keep an up to date record of the noise and the effect it has had on you.

Should court action be successful, then Council will ask that the court orders the animal or poultry owner to seek some special help (usually from a vet or other qualified person) to correct their pet's problem. We may ask the Magistrate to order specific controls be placed on the owner of the animal or poultry. Assuming that the Order is given and that they comply with it, this should have the desired result.

If any further details or information is required about the above, please contact my email: [email protected].