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DISCLAIMER |
Dogs are great companion animals, but owning one means you have particular responsibilities, both to your pet and also to the general public. The Dog Control Act 2000 and the Dog Control Regulations 2001 provide for the control and management of dogs, as well as informing the community of what Council expects from dog owners.
The questions on the below are intended to address common concerns about dog control. If your particular question is not addressed, then please contact us on (03) 6352 6500.
In addition to the legislation, Dorset Council is currently formulating a Dog Management Policy, this should be implemented in early 2004. This Policy addresses the following:
FREQUENTLY ASKED QUESTIONS
Registration and Identification
According to the Dog Control Act 2000, every dog over the age of 6 months must be registered by its owner with their local council. It is a legal requirement, and trying to avoid this by concealing or disposing of a dog is a punishable offence. (See table of offences)
In Dorset the annual registration fee is due by 31st July of each year.
The table below list the fees for 2008/2009.
| ANIMAL CONTROL | |
| Dog Registration: | |
| (Before 30/7) | |
| Basic Dog | $44.00 |
| Working, Purebred or Greyhound | $20.00 |
| Pensioner (One Only) | $11.00 |
| Sterilised Dog | $17.00 |
| Declared Dangerous Dog | $115.00 |
| Guard Dog | $115.00 |
| Microchip Dog (Except Declared & Guard Dog) | $3 less than fee |
| (After 30/7) | |
| Basic Dog | $52.00 |
| Working, Purebred or Greyhound | $28.00 |
| Pensioner (One Only) | $16.00 |
| Sterilised Dog | $23.00 |
| Declared Dangerous Dog | $115.00 |
| Guard Dog | $115.00 |
| Fees - Other | |
| Maintenance Charge - Daily | $26.00 |
| Nuisance | $21.00 |
| Replacement Tag | $5.00 |
| First seizure of any dog | $42.00 |
| Second & Subsequent seizures | $63.00 |
| Delivery Charge (Dog returned to Owner) | $42.00 |
| Animal Control Cont. | |
| Fees for keeping several dogs | |
| Licence for 3 to 5 Dogs | $60.00 |
| For more than 5 dogs | $65.00 |
| Renewal of Licence | $50.00 |
| Registration of dogs in excess of 4 Dogs housed at premises for which a Licence to keep several dogs (Kennel Licence) has been issued by Council (First 4 Dogs at Standard Fees) Per Extra Dog | $13.00 |
The Dog Control Act 2000 requires all dogs over the age of six months to be registered with the local council. (See table of offences)
To register a dog, you can download a New Dog Registration form or visit the council offices at 3 Ellenor Street, Scottsdale.
The following information is held in the council's dog register:
If you are moving house permanently, or moving temporarily for more than 60 days with your dog, you will need to notify the council. This needs to be done within 14 days of moving. If you're transferring to a different municipal area, both your old and new councils will need to be notified in writing.
Notification in writing should be posted to PO Box 21, Scottsdale, Tasmania 7260.
The person who buys your dog will need to notify the council of the change of ownership, in writing, within 14 days of the sale.
As the previous owner, you must notify the General Manager in writing that you no longer own the dog. This must occur within 14 days of the sale. (See table of offences)
Notification in writing should be posted to PO Box 21, Scottsdale, Tasmania 7260.
If the unfortunate situation arises and your pet dies, you are obliged to notify the Council in writing within 14 days of the dog's death. This also applies if your dog is lost, or permanently removed from your premises.
Once notified, the Council will cancel your dog's registration.
Rights and Responsibilities
As the owner or person in charge of a dog, you have certain responsibilities and legal requirements. These include:
Under the Dog Control Act 2000 the owner or person in charge of a dog, other than a guide dog or hearing dog, must ensure that the dog is wearing a collar whilst in public.
The dog's current registration disc should be attached to the collar. It is an offence for anyone, without a good reason, to unfasten the collar. (See table of offences)
This provision does not apply to dogs engaged in:
The Dog Control Act 2000 has provisions for dogs which are, and which are not on a lead, whilst in a public place.
If a dog is off a lead and in a public place, then the dog is still said to be under effective control if the following applies:
To be under effective control on a road or footpath in a city or town a dog must be on a lead.
If the dog is on a lead, it is said to be under effective control only if the lead is less than two metres long, and if the person is of a sufficient age and strength to control the dog.
If a dog is tethered to a stationary object, is must be by a lead which is less than two metres long, and for a period not exceeding 30 minutes.
The Dog Control Act 2000 provides for a council to set aside areas for the exercising of dogs, subject to any specified conditions. (See table of offences)
Currently the only areas where dogs can be exercised off their leads are:
Council is currently considering additional exercise areas.
As well as earmarking areas for exercising dogs, The Dog Control Act 2000 enables councils to declare areas where dogs are not allowed. These can include areas of sensitive habitat for native wildlife. This does not apply to guide dogs or hearing dogs, which are still allowed access.
Council may declare an area to be one where dogs are restricted from entering:
There are other public places where dogs are prohibited. These include:
This does not apply to:
Dorset Council does not allow dogs on any public beaches other than the ones designated as exercise areas.
When exercising your dog in a public place you are always required to clean up after them. Dog faeces are unpleasant and damage the environment. Cleaning up can be done simply and easily with the aid of a scooper or plastic bag and placing the faeces into the nearest rubbish bin.
This does not apply to a guide dog that is accompanying a wholly or partially blind person.
Failure to clean up after your dog can result in a fine of up to $300. (See table of offences)
Rain dissolves dog faeces and it is washed into our waterways. Marine plant and animal life is affected by this pollution. Australian beaches are closed for several days after rain because of this type of pollution. Dog faeces contain E-coli bacteria which can cause ongoing illness in people including vomiting, diarrhoea, and ear, nose and throat infections.
If an authorised council employee has reason to believe that a dog owner has breached a provision of the Dog Control Act 2000, then he or she is legally able to:
If the authorised person wishes to enter a dwelling on that land, he or she is able to do so by a warrant issued by a magistrate.
Under the Dog Control Act 2000 you are required to apply for a kennel licence if you intend to keep:
If you have more dogs than this and do not have a current kennel licence you can be liable to a fine of up to $500.
(See table of offences). In this case you should apply to your local council for a kennel licence.
If you need a kennel licence you should also check with your local council about local planning laws as some councils require you to submit a Development Application as well.
Applications for keeping several dogs can be obtained from council offices at 3 Ellenor Street, Scottsdale.
The following penalties are laid out in the Dog Control Act 2000.
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OFFENCE UNDER THE Dog Control Act 2000 |
APPLICABLE PENALTY |
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Having more dogs than permitted on the footpath or in a public place |
$500.00 |
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Failing to register a dog over the age of 6 months |
$500.00 |
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Concealing or disposing of a dog to evade registration |
$500.00 |
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Using the registration disc of another dog |
$300.00 |
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Removing the registration disc from a dog's collar |
$300.00 |
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Failing to attach the registration disc to a dog's collar |
$300.00 |
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Removing the collar from a dog in a public place |
$500.00 |
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Urging your dog to chase a moving vehicle |
$1000.00 |
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Allowing your dog to chase a moving vehicle |
$500.00 |
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Failing to notify council of a change of ownership of a dog |
$100.00 |
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Allowing your dog to be at large |
$500.00 |
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Allowing a bitch on heat to be in a public place |
$200.00 |
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Taking your dog into a prohibited area |
$1000.00 |
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Failing to notify council that your dog is a guard dog |
$1000.00 |
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Failing to display an approved dangerous dog sign |
$1000.00 |
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Failing to pay any fees and charges if your dog has been seized and impounded |
$500.00 |
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Failing to notify council of the destruction of an attacking dog |
$500.00 |
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Failing to return the registration disc of a destroyed dog |
$500.00 |
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Failing to clean up after your dog |
$300.00 |
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Allowing your dog to be a nuisance in a public place |
$500.00 |
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Allowing your dog to be a nuisance to your neighbours |
$500.00 |
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Keeping more than the allowed number of dogs on your premises without a kennel licence |
$500.00 |
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Removing a microchip without consent |
$2000.00 |
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Allowing your dog to attack another person |
$2000.00 |
Note: These amounts are the maximum penalties that these offences can apply to if the matter proceeds to court.
However Council may issue an infringement notice for a lesser amount in the first instance.
Controlling Dogs
Dogs may be declared dangerous if they have:
If either of the above occurs, the General Manager is able to serve notice on the owner of the dog in question, and declare the dog to be dangerous.
When this happens the owner of the dog has added responsibilities. Whilst their dog is out in public they must ensure that:
When the dog is on private premises the owner must ensure that:
In addition, the dog must be microchipped and always wear an approved collar.
The collar approved (by the Director of Local Government) is red and yellow striped, and is the same as that used in Victoria.
Once a dog has been microchipped the chip cannot be removed without the consent of the General Manager. If it is removed without consent the maximum possible penalty is $2000.
If you own a dog, that has been declared dangerous you must also ensure that there are approved warning signs on every entrance to your property. Your local animal control officer will be able to tell you what form these signs and collars should take. (See table of offences)
A nuisance dog is generally one that:
As a dog owner you are responsible for ensuring that your pet is kept under control and does not become a nuisance. Neighbours can complain if your dog unreasonably disturbs the peace, and you risk being fined if you fail to prevent the disturbance.
If you are being annoyed by a neighbour's dog the best way to handle the situation is to discuss your concerns in a friendly way with your neighbour. If this fails to resolve the problem, the next step is to speak with your local animal control officer. Lodging a formal complaint with the council should be your last resort, and to do so you will need to complete an appropriate form, pay a fee, and explain the nature and severity of the disturbance.
If you wish to keep a guard dog you need to notify the General Manager in writing. The General Manager will then declare the dog to be a dangerous dog, and the provisions relating to dangerous dogs will then apply. (See "What is a dangerous dog?")
When the dog is no longer employed as a guard dog, you can again notify the General Manager in writing, and he may revoke the declaration of dangerous dog.
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4. What happens if my dog leaves my property and is impounded? |
Under the Dog Control Act 2000, an authorised council officer (usually the animal control officer) of the council can apprehend and impound your dog if it is found at large outside your property.
If the dog is wearing a registration disc the General Manager has to let you know in writing that your dog has been impounded, and tell you that the dog can be reclaimed.
If, after five working days after the owner has received the notice, the dog has not been reclaimed, the General Manager may sell, destroy or otherwise dispose of the dog.
If the dog isn't wearing a registration disc and the owner is unidentifiable, the General Manager has to make reasonable inquiries to identify the rightful owner. If unsuccessful in locating the owner, he/she is authorised after not less than 3 working days to sell, destroy or otherwise dispose of the dog.
Under the Dog Control Act 2000, if your dog has been seized and impounded, you will be given 5 working days after having received the notice to pay:
The Dog Control Act 2000 states that it is legal to restrain or destroy a dog under the following circumstances:
If the situation calls for you to restrain a dog that is at large, you need to notify the council as soon as possible after the event.
If you are a primary producer and you have livestock that need to be protected, you have the legal right to destroy any dog that is found at large on your property. It is recommended that such a primary producer seeks independent legal advice in respect to their rights and responsibilities for the manner of destruction of the dog in these circumstances.
In extreme cases where a dog has been destroyed, the person who has carried out the deed must notify the Council within 14 working days and return the dog's registration disc if any was worn.
An authorised council officer or a veterinary surgeon may also seize or destroy a dog if:
If a dog has been seized and destroyed, the authorised Council employee or veterinary surgeon must also notify the council of the animal's death, and the reasons why it was destroyed.
There is also a provision in the Dog Control Act 2000 that requires anyone who destroys a dog to do so quickly and humanely, without causing the animal unnecessary suffering.
See "What happens if my dog leaves my property and is impounded?" for instances where Council has a right to dispose of dogs.
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6. Can I be fined if my dog strays into my neighbour's yard? |
Your neighbours are entitled to enjoy their garden and backyard without having your dog roaming around in it. It is every dog owner's responsibility to ensure that his or her dog is under control at all times. Owners who do not control their dogs risk being fined up to $500 each time their dog strays. (See table of offences)
See "What happens if my dog leaves my property and is impounded?" for related information.
Yes, you may be fined. Under the Dog Control Act 2000 you must not allow your dog to be or become a nuisance to your neighbours, or to the general public. If sufficiently annoyed, people can complain and owners may be fined up to $500 if they fail to prevent their dog from disturbing people with incessant barking. (See table of offences)
See "What is a nuisance dog?" for related information.
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