|
Bark Busters want you to enjoy owning a dog, and have collated the following information to help you understand the laws governing the owning of a dog. The following information related to the dog act, which was in effect from September 1st, 1993.
Dog owners are required by law to register their dogs at the age of three months (NSW - six months, however please check with your local council for age requirements), and to keep them registered. Your dog must always wear a registration tag and an identification tag. This enables anyone finding your dog to return it to you immediately. Also, any dog pound can contact the owner much faster, which is especially important if your dog requires medical attention.
You must ensure that your dog is confined both day and night. Even the most docile natured dog will attack and kill sheep and stock.
Some dogs have little tolerance when it comes to dealing with children, who being shorter automatically get less respect from dogs who see them as being lower in the dogpack pecking order. Worse, children can often goad a dog with their unthinking actions. A dog that bites a child would most likely be deemed a danger to society and be destroyed. Unfortunately, no-one asks the dog's side of the story. So for your dog's safety, keep it in your back yard and out of harm's way. A responsible owner or parent can prevent dog attacks on children by closely supervising children when they are around dogs.
When outside your property you must keep your dog on a lead at all times. The lead must be held by someone who can always control the dog. Do not let a child walk a big dog unsupervised. Check with your local council to see if your council has established "leash free" areas where your dog can run free.
Be sure to pick up after your dog has defecated on the footpath or nature strip. Depositing the dog's droppings in a toilet or compost is better for the environment, and can save you an on the spot fine of up to $300.00. Make sure your dog does not enter school grounds, shopping centres, or get within 10 metres of children's playground equipment, or food preparation areas such as public BBQ's. For these offences, officers of the local council may issue you with a penalty notice of up to $100.00 or alternatively may take you to court. The court may fine you up to $500.00.
Council officers may also impound your dog if it is found unleashed in a public place or another person's property. If your dog is impounded by a council officer for any reason, you will have 14 days to claim your dog if it is registered, or 7 days if it is unregistered. Failure to claim your dog in time could result in your dog being sold or destroyed, so we suggest you act promptly if your dog is lost or impounded.
You are responsible if your dog attacks someone. Under the law, you may be held responsible for any injury or damage caused by your dog if it attacks a person or an animal. Under the Dog Act, if your dog attacks outside your property you may be liable for any injury to a person or animal or damage to clothing, whether or not you are at fault for the attack. For this offence you may be fined over $1000.00, be ordered to take additional steps to control your dog, such as fencing your property effectively, or you may have your dog declared dangerous or be ordered to have it destroyed.
Additionally, under the Dog Act, if your dog attacks on your property, you may have your dog declared 'dangerous'. A Council may declare a dog dangerous if it has attacked a person or animal, or repeatedly threatened to attack. Before a Council decides to declare your dog 'dangerous' it will notify you and give you the opportunity to make your views known. The council must consider your views before making a decision. You have 28 days to appeal to the Local Court against the declaration.
Once a dog is declared dangerous, strict controls apply. You must restrain a dangerous dog on your own land to prevent it from attacking any person or animal. You must also erect signs on your property saying "Warning, Dangerous Dog" which must be clearly visible from the outside of your property. A dangerous dog must, without exception, be leashed at all times when outside your property. Furthermore, you must notify the council if the dog is to be boarded or is temporarily in someone else's care. If these requirements are not followed, or if a "dangerous dog" attacks a person or animal on or outside your property, you may be fined over $1000.00. You may also be ordered to place added controls on the dog such as muzzling, or you may be ordered to have the dog destroyed.
The Dog Act does recognise that a dog may be provoked into attacking. This includes a situation where a dog is being teased or treated cruelly, is responding to an attack on it's owner or a member of the owner's family, or is responding to a trespasser. If this is the case and can be proven, then the measures as set out in the Dog Act, will not apply.
If you are twice convicted for an offence under the Dog Act, a local court has the power to disqualify you from owning a dog for up to two years. If you deliberately set your dog onto another person and cause injury, very serious penalties apply under the crimes act. You may be sentenced for up to 7 years imprisonment and/or fined up to $100,000.
Another consideration is your liability if your dog is hit by a car. Any damage caused to the car generally has to be met by the dog's owners. It is therefore best to confine your dog and exercise it with regular walks. If your dog is unruly and barks a lot, you may be liable for noise pollution.
Back to Training Tips...
|
