Animal nuisance

Find out what you can do when you experience issues with animals such as dogs, cats, magpies and foxes.

Dogs

Some people think it is normal for dogs to bark consistently. It isn't. Barking dogs are a nuisance and are not conducive to good neighbourly relations. Constant barking usually means the dog is bored, lonely, frustrated or ill.
Dog owners must ensure their dogs do not annoy neighbours by barking excessively. It’s one of the duties of being a responsible pet owner.
The first step is to read our barking dog kit (PDF 336 KB) which outlines the steps to follow. Many barking dog issues are resolved with a polite conversation with the dog owner. The barking dog kit also contains a letter template to help you make contact with the dog owner if a conversation isn't possible.
If the problem continues, you will need to keep a record of the barking using the Barking Dog Diary (PDF 234 KB), and return this to Council after 14 days.
A dog is thought of as a member of the family and can bring endless joy to their human owners. With statistics showing an increase in reported dog attacks in Victoria, there is a need for much stronger responsible dog ownership.
Any size or breed of dog can attack or show aggressive behaviour. The majority of attacks take place in parks or public places. For this reason, it is a requirement to always have your dog on leash unless in a designated off leash area. Owners must have effective control of their dog at all times.
Effective control means it will return to its owner upon command, the owner retains a clear and unobstructed view of the dog, and that it does not bother, attack, worry or interfere with other people or animals.
Animal Management Officers patrol parks and open spaces to ensure compliance with dog being under effective control.
The City of Port Phillip Animal Management team takes every reported dog attack seriously. We encourage anyone who has been involved in an attack to report it immediately to Council by calling 03 9209 6777.
We encourage anyone who has been involved in an attack to report it immediately to Council by calling 03 9209 6777 or through My Port Phillip.
Please provide the following details:
- the time and date of the incident
- what injuries were sustained (a medical report)
- photos of the wound
- a written, signed statement
- any witness details
- a description of the person in control of the dog at the time of the incident
- a description of the dog.
An Animal Management Officer will be in contact to clarify details and finalise your statement, and discuss the next steps of the investigation.
The Dog Attack Reporting and Prevention Guide explains what information is needed when reporting and what the next steps are, so it is important to read this document if you have been involved in a dog attack incident.
The Domestic Animals Act 1994 has different laws for declared dangerous, declared menacing and restricted breed dogs.
Declared dangerous
Dogs can only be declared dangerous if their owner is proven guilty of a serious dog attack by a Magistrate, the dog is trained to attack, or the dog is used as a professional guard dog.
Dangerous dog requirements must be met when walking the dog outside its premises and while housed.
Declared menacing
Dogs can be declared menacing by Council if a minor dog attack can be proven in accordance with the Domestic Animal Act 1994. Restriction can be put on the owners of menacing dogs, such as the dog must be walked on leash and muzzled while off private property.
Restricted breed
There are five breeds that are restricted in Victoria. They are not dogs that have necessarily attacked or displayed any signs of aggression. They are of certain breeds that have been deemed a high risk to the community.
It is an offence to keep a restricted breed dog in Victoria unless you comply in accordance with the Domestic Animal Act 1994.
The Government provides Council with a standard that assists Council Officers in identifying a restricted breed.

Cat problems

Cats can be loyal companions to humans. However, The City of Port Phillip understands cats are adventurous animals that can roam far distances from their property. Roaming cats in our neighbourhood are a huge concern to the community. Cats can prey on wildlife, get hit by cars, be attacked by other cats and spread disease.

If an unwanted cat is coming onto your property, Council can provide residents with a cat trap. Humane traps can be hired to residents free of charge for up to two weeks at a time. Animal Management Officers will inspect your property to determine if your property is suitable to set a trap.

Another problem is people feeding stray cats but not taking full ownership or responsibility for them. People feed stray cats because they genuinely care about them and feel sorry for them. However, many people don’t realise they are causing a bigger problem by feeding, but not owning (eg desexing and identifying), these cats.

Feeding stray cats helps contribute to ongoing reproduction leading to litters of kittens being born each year which can result in a life of disease and neglect. This contributes to the tragic cat overpopulation problem in Australia.

If you want to help, you must either take ownership of the cat or call Council. Please don’t feed the bigger problem.

For more information, see Agriculture Victoria - Cats.

Magpies and swooping birds

Swooping birds may be a frightening or even dangerous experience.

Native birds swoop in urban and rural areas, in parks and gardens, along bike tracks and in schoolyards, or anywhere the birds are nesting. By understanding why native birds swoop and how to avoid them, the breeding season may be less stressful for people.

Swooping birds are the responsibility of the Department of Agriculture Victoria, which encourages Victorians to add swooping locations to its interactive Magpie Map. Further information can also be found on their site, including resources such as helmet stickers and brochures on swooping birds.

Note: It is most important that any public safety concerns or incidents regarding swooping birds are reported promptly to Department of Environment, Land, Water and Planning and council so that a site assessment may be undertaken and remedial action considered.

Foxes

In Victoria, red foxes (Vulpes Vulpes) are declared as established pest animals under the Catchment and Land Protection Act 1994 (the Act). Under the Act, landowners have a responsibility to take all reasonable steps to prevent the spread of, and as far as possible eradicate, established pest animals from their land.

Red foxes are highly adaptable and well-established pest species in urban and inner-city environments. This makes the management of foxes very difficult, as the control measures which can be used in rural environments are not suitable for urban and inner-city environments.

Council is limited in what can be done to control foxes in the City of Port Phillip, due to the potential risk to domestic animals. Council does not remove foxes, this needs to be done by a licensed pest controller.

Steps that you can take to discourage foxes from public open spaces and private property include:

do not encourage foxes to become pets by feeding them
ensure chickens, ducks and rabbits are suitably caged at night in secure, roofed coops
do not leave food scraps or pet food in outdoor areas at night
ensure compost heaps and bins are securely covered
clean up fallen fruit from trees
restrict access to underneath your house, blocking any holes
assess your fencing for gaps and leaning objects that would enable easy access for foxes.

It is illegal to keep, or sell, established pest animals such as foxes.

For more information on fox control, visit Agriculture Victoria.

Contact us

Our Animal Management team is here to help. Get in touch if you have questions or would like a print version of any files.

Send us a message on My Port Phillip.

Phone: 03 9209 6777

Animal nuisance

Dogs

Barking dogs

Dog problems

Reporting a dog attack

Dangerous, menacing and restricted breeds

Declared dangerous

Declared menacing

Restricted breed

Cat problems

Magpies and swooping birds

Foxes

Contact us

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