Sample notice of intention to issue a nuisance order
This is an example of a sample notice of intention to issue a nuisance order.
Case study – Jenny and Frank
Frank, has two German Shepherd dogs. They are well behaved and quiet when he is home.
Jenny moves in next door with her family including a young baby. After a month, she tells Frank that his dogs bark persistently when he is away at work during the day. She says her baby has trouble sleeping because of all the noise. Frank replies that there is no problem.
Jenny says she is going to take her complaint further. Frank is worried about what will happen next.Mr Frank Melman
4 Big Street
SUBURB NSW 2000
5 December 20xx
Dear Mr Melman
NOTICE OF PROPOSED NUISANCE DOG ORDER
Section 32B Companions Animals Act 1998 (the Act)
This document contains important information about your obligations under the Act. Please read it carefully. Contact the council officer on the number below as soon as possible if you are unsure of your obligations or need further information.
It has come to Council's attention that you are the owner of a dog:
Name: Boris
Microchip No: 000 000 000
Description: German Shephard/male
Kept at: 4 Big Street Suburb 2000
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Council advises you as the owner of the dog that it intends to issue you with a Nuisance Dog Order under section 32B of the Act.
The proposed order requires that you prevent your dog from behaving in the following manner:- making a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of persons in other premises.
It is proposed that this order be issued because it is alleged that the dog is:
- persistently barking between 8 am and 6pm Monday to Friday during the months of October and November 20xx such that it unreasonably interferes with the peace, comfort and convenience of your neighbours.
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Can you contest this notice?
You (or someone on your behalf) may make representations to Council – within 7 days of the date this notice was given to you – about:
a) why the order should not be made
b) the terms of the order.
Any representations made by you (or on your behalf) must be made to:
A Council
Address
SUBURB
If you choose not to contest this notice, the dog will be declared a nuisance 7 days after the date this notice was given to you.
What happens if you are issued with a nuisance order?
If you are issued with a Nuisance Dog Order, you will be given 7 days to comply with the terms of the order. This includes:
a) modifying the behaviour(s) of the dog as specified
b)ensuring the dog is microchipped and registered, if it is not already.
The order will remain in place for 6 months from the date you receive it. You must continue to comply with the order while it is in force.
A Nuisance Dog Order is final and is not subject to any appeal or review.
If you need any further information about this notice, please contact the officer listed below.
Dated: 5 December 20xx