The Control of Dogs Act 1986 covers cases where barking dogs are causing a nuisance.
If you are affected by a neighbour's dog barking, you must make a complaint to the District Court rather than Cork City Council.
The Procedure for Making a Complaint
The complainant must fill in the application form and go to the Court Office (The Courthouse, Washington Street for Cork City) to have the application stamped (there is a fee of €25.00) and to be given a court date.
A copy of the application can then be served on the dog owner by personal service/delivery to the address of the dog owner or by pre-paid registered post .
When the copy application has been served the original application together with a declaration of service form must be lodged with the Court Office forthwith (at least 4 days before the court date)
An application form and declaration of service form can be found at the bottom of the page.
The Relevant Sections of the Control of Dogs Act
Section 25 of the Act 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—
- order the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog
- 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
- 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 of the Act 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:
- by delivering it to him
- by leaving it at the address at which he ordinarily resides
- by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides