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Dangerous
Dogs
What
is a dangerous dog?
A dangerous dog, as defined by the Domestic (Feral
and Nuisance) Animals Act 1994, is deemed to be a dog that:
- is
kept as a guard dog for the purpose of guarding non-residential premises
and/or
- has
been trained to attack or bite any person or any thing attached or worn
by a person and/or
- has
been declared to be dangerous by a council under Part 3 of the Act.
In
what circumstances can a dog be declared dangerous?
A council may declare a dog dangerous
- if
the dog has caused serious injury to a person or animal by biting or
attacking a person or animal
- if
the dog has been declared dangerous by another council, or
- for
any other reason prescribed.
How
do you know if a dog is dangerous?
A dangerous dog must wear a special red and yellow,
diagonally striped, reflective collar.
Never
approach or pat a dog wearing this collar.
What
must the owner of a dangerous dog do?
1. The owner of a dangerous dog must notify the
council within 24 hours if
- the
dog attacks or injures a person or animal, or
- the
dog is missing, or
- the
ownership of the dog changes, or
- there
is a guard dog on non-residential premises.
2.
The owner must immediately notify the council if
he/she
- obtains
a dog that has been trained to attack
- begins
attack training with a dog
3.
When a dangerous dog is on the owner's premises
the owner must keep the dog indoors or in a locked enclosure. This enclosure
must be childproof and be constructed so that the dog cannot escape from
it.
4.
The owner of a dangerous dog must display warning
signs which comply with the regulations at all entrances to the premises
where the dog is kept, warning people that a dangerous dog is kept on
the premises.
Can
a dangerous dog be allowed off the owner's premises?
If a dangerous dog is outside the premises of it's
owner it must be muzzled in a manner which is sufficient to prevent it
causing injury or biting and be under effective control of some person
by means of a chain, cord and/or leash.
What
are the consequences if the owner of a dangerous dog does not comply with
these regulations?
If the owner and any person for the time being in
charge of the dangerous dog do not comply and are guilty of an offence
they are liable upon conviction to a penalty of not more than 5 penalty
units for a first offence and 10 penalty units for a second or subsequent
offence. Their dog may also be destroyed.
One penalty unit = $100; five penalty units =$500.
What
is a Menacing Dog?
A council can declare a dog to be a menacing dog
if
- the
dog has rushed at or chased a person
- another
council has declared the dog a menacing dog.
It
cannot be declared menacing if
- the
dog was being teased, abused or assaulted
- the
person was trespassing on the premises on which the dog is kept
- another
person known to the person is being attacked in front of the dog.
What
does the owner of a menacing dog have to do?
The owner of a menacing dog must notify the council
within 24 hours if
- the
dog rushes at or chases a person (rush at, in relation to a dog, means
to approach a person to a distance of less than 3 metres in a menacing
manner, displaying aggressive tendencies that may include snarling,
growling and raised hackles)
- the
dog is missing
- the
ownership of the dog changes
If
a menacing dog leaves it's premises the council may require the owner
to
- muzzle
the dog in a manner, which is sufficient to prevent it causing injury
by biting and/or
- be
under the effective control of some person by means of a chain, cord
or leash.
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