Control Of Dogs
Control Of Dogs On Roads
The owner or any person in charge of any dog shall keep that dog under effective control by means of a leash at
all times while that dog is on the road. The definition of a road is the area between private boundaries including
the road.
Control Of Dogs In Public Places Other Than Roads
The owner or person in charge of any any dog shall keep that dog under effective control by voice, sign or leash
at all times while that dog is in any public place.
Private Property Without Consent
A dog is not permitted to be on private property unless consent to it being there has been given by the occupier
of the property, or a person authorised by the occupier to give consent on their behalf. The owner of an occupied
property, or a person authorised on their behalf.
The occupier or person acting under authority may seize any dog found on private property without the required
consent and may deliver the dog to a dog control officer or dog ranger for impounding.
Wandering Dogs
Dog owners have a responsibility to the dog, to themselves and to other members of the community to prevent
their dog from wandering. Dogs will behave differently in unusual or unfamiliar situations, or when they are with
other dogs.
Dogs That Wander Have A Short Life Span
A wandering dog can die or be injured in a traffic accident. It can be shot, baited or trapped whilst attacking
livestock or become lost, stolen, or impounded. Some dogs get sick through eating harmful foods whilst others pick
up diseases which they bring home.
Dogs That Wander Are Expensive For Their Owners
The owner of a wandering dog can be fined, prosecuted and sued for any injury or damage caused to other people,
animals or property. In addition, veterinary or medical costs may result if the dog is injured or injures another
person or animal. Dogs that wander are a nuisance and a danger to the community
A wandering dog may bite people or kill or injure cats, other dogs and livestock. It can cause a traffic
accident, annoy people on beaches, or be a nuisance to neighbours by messing on lawns, digging up gardens, or
scavenging in bins.
Wandering Dogs Upset The Neighbourhood
Owners should not always assume that their dog just wanders over to the neighbours or that its company is welcomed
by other people. A dog may begin its wandering by being allowed onto it's owner's front verge, then it may go into
the neighbour's property and later to the end of the street.
Eventually the dog is known to be a nuisance by the whole neighbourhood. If a person has a problem with a dog
in the neighbourhood they should contact the owner or Council before the problem escalates.
Top of page
Accidents
Many traffic accidents occur every week involving dogs. In many instances the injured or dead dog has been
travelling on the back of a utility and fallen or jumped off (dogs must be secured by a chain or leash when
travelling on the back of a truck.
Many other accidents are caused by dogs wandering on the road. The dog owner is liable for damage costs.
If a driver of a motor vehicle is involved in an accident with a dog, he or she must stop and render
assistance. If a dog causes an accident and runs away, the driver should attempt to follow the dog home so that
it's owner can be located. The incident should then be reported to Council's Animal Control Section for
investigation and further action.
Gaps And Gates
How Do Dogs Escape?
They jump over fences that are too low, crawl through holes, dig their way out, or walk through open gates. Some
owners do not have any fences or other means of confining or restraining the dog and it simply wanders out. The
dog owner must find out where, how and why the dog is escaping to prevent it from doing so. Often a dog will use
the same location and method each time.
Jumping Or Climbing The Fence
Additional height can be added to a fence, but even some medium sized dogs are able to clear a 2 metre fence
without difficulty. Often the base of a vertical extension is used by the dog to lever itself over. An extension
inclining upwards and inwards will prevent this and present a visible barrier to the dog.
Ledges or materials on which the dog can gain a grip should be avoided when construction a fence. The inside
perimeter of a fence must be free of objects that may assist the dog in climbing over.
A temporary barrier can be erected inside the fence using stakes and surveyors tape. This will increase the
width and therefore the distance the dog has to jump over.
Repairing small holes with good quality permanent material prevents the dog from escaping, neighbouring dogs from
fighting and children from putting their hands through a fence to pat a dog and being bitten. All gates should be
fitted with self-closing mechanisms and kept shut at all times. The gate should not be lower than the fence.
Repairs And Additions To Fences
Dogs that attempt to escape and fail soon give up, but if one attempt succeeds the dog will try harder the next
time. For this reason it is important to ensure that all repairs or additions to fences are carried out properly.
A dog may continue in its attempts to dig or jump out, but will soon discontinue if these fail.
The Picket Fence
Picket type fences with pointed tops can cause serious injuries to dogs attempting to jump over them.
Digging Out
A concrete ledge laid under the fence can prevent a dog from digging out. Running a wire a few centimetres above
this will reduce the size of the gap between the ground and the fence. Chicken netting can be attached to the
fence, laid on the ground and pegged out, or dug 20-30cm into the ground to form a skirting along the inside of
the fence.
Training The Dog To Stay At Home
Dogs can be taught not to jump fences or leave the property, but few owners bother to teach them. Training is most
effective when the dog is young or before it makes a habit of escaping. If watched and corrected with a firm "No"
each time it attempts to cross the boundary or jump the fence, a dog will soon learn to do neither. Immediately
after a correction the dog must be called to its owner and praised for returning.
The Guilty Dog
Owners who think their dog looks guilty, or that it knows it has done wrong after some misbehaviour, are often
mistaken. The avoiding of eye contact or slinking away are submissive gestures in response to the owners anger and
demeanour. The actions are not an admission of guilt. Dogs live in the present and have usually forgotten the
incident of concern before their owners notice it. Instead of reacting angrily and giving the dog attention, good
or bad, owners should ignore the dog and look at means of preventing the situation from recurring in the
future.
Let The Fence Do The Punishing
Balloons can be placed in the ground along the inside of a fence, or across the top where
the dog jumps over. When a dog makes contact with the balloons they burst and give it a fright.
A garden hose can be kept near the fence and turned on when the dog approaches or is about to jump over.
Owners must control each set-up, and immediately afterwards recall their dog and praise it for returning. The
dog will never know who is responsible for its bad experience.
The dog must not be punished when it returns home in response to being called by it's owner, or later on its
own accord. If punished then, the dog will associate the punishment with returning and not the behaviour its owner
is concerned about. It may not return next time when called.
Top of page
Confining A Dog To A Part Of The Property
Effectively Confining The Dog
This means having adequate fences and gates, or a secure pen or compound to contain the dog.
Owners who cannot afford to fence their properties, or do not wish to because they are renting, must use
alternatives such as a pen or compound to safely contain their dog. A kennel, compound or temporary means of
restraint should be sited in a sheltered and quiet area of the property. If placed near a walkway or the
neighbour's back door, the dog will occupy itself by barking at passing distractions.
Pen Or Compound
A pen or compound of an appropriate size for the dog ensures the dog is secure and able to move around. A concrete
base is preferable to a grass floor as it is easier to clean and prevents the dog from digging out. The owner must
ensure the dog has adequate shelter, bedding, food and water when it is confined.
Running Wire
This consists of a wire secured above the ground and run between two supports. The dog is attached to the wire
with a chain lead that has a ring at the upper end to allow the chain to slide along the wire. This permits the
dog to move back and forth between the two supports. The supports must not be too close to a fence, or the wire
attached to a fence because the dog could easily jump over the fence and strangle itself. To prevent this and also
stop the dog from entangling the chain around either support, a block can be placed on the wire prior to each
end.
A Chain Attached To A Single Support
It is not cruel to restrain a dog or pen it, provided the dog gets regular and sufficient exercise when the owner
is at home. However prolonged restraint without exercise or attention may lead to a barking problem, or a call
from the RSPCA to check on the dog's welfare. When a dog is restrained, its owner must ensure the dog has access
to shelter and that the chain cannot be entangled around any obstacles or the support itself.
A dog should not be tethered by a rope. Ropes can be chewed through, or easily break if the dog rushes at
people visiting. Should a dog break its rope or slip its collar whilst restrained, the owner is still deemed not
to have taken all necessary precautions to secure the dog, and can be prosecuted for any offences committed by the
dog whilst it is out.
The dog should not be restrained by its slip (check) collar, or be allowed to wander free with the slip collar
loose around its neck. Many dogs have been strangled or injured when the collar has been caught on protruding
objects.
Reasons Why Dogs Wander
Anxiety
Some dogs become distressed when separated from their owner and wander because they are unsettled at home. Others
are frightened by loud noises or electrical storms. All owners need to ensure that their dogs are adequately
confined during stormy weather, as many dogs will take fright and run off.
Curiosity
A dog will readily investigate sounds and smells of interest that are beyond its boundaries. It could be a bitch
on heat or the sound of another dog nearby that attracts the dog's attention. Dogs in semi rural or rural areas
may also wander to chase and attack livestock. If a dog escapes repeatedly then this owner should check where it
is going. Many are surprised when they find out what their dog has been doing.
Unsterilised Dogs
Unsterilised dogs and bitches in season may wander in search of a mate. It is the careless owners of unsterilised
dogs allowing their dogs to wander, who are responsible for the many unwanted pups destroyed each year.
Sterilisation may reduce wandering if the dog has not already developed the habit.
Food
Dogs not adequately or regularly fed may wander in search of food. Isolation and
Boredom
Dogs are social animals and will actively seek the company of other people or dogs. Many owners do not realise a
dog's need for company and attention and force their dog to spend each day in a barren and deserted back yard.
Lack Of Training
Few dogs have been trained to remain within their owner's boundaries.
Lack Of Exercise
Dogs confined to small yards and not regularly exercised may wander.
Environmental Conditions
Dogs seem to wander more in cooler temperatures or when there is a change in weather conditions.
Lack Of Routine
A major change in a dog's lifestyle or environment, or an erratic routine by its owner will cause the dog to
become unsettled. The dog should not be forgotten if the owner shifts house, or if one spouse leaves or a new baby
arrives.
Dogs often need extra care and attention when changes take place in the household.
Top of page
Establishing A Routine
Most dogs can adapt to confinement provided they have regular exercise, attention and feeding. Owners should
ensure the dog has a routine that includes daily and not just weekend walks and play.
Signs Of Wandering
Being unaware that their dog has escaped is not a defence for a dog owner whose dog causes nuisance or damage. Dog
owners should regularly check for signs that indicate their dog is wandering. These may include a damp and sandy
coat, worn foot pads, or a change in the dog's appetite, sleeping patterns or appearance. Too often owners only
become aware of their dog's movements after a visit from the Council Officer.
Many owners leave their dogs unrestrained at night and think because it is sleeping in its usual place in the
morning, that the dog has been home all night guarding the property. Too often the dog has been out wandering and
causing a nuisance.
Reporting A Wandering Dog
If you have a wandering dog problem in your neighbourhood, phone the Council's Action Line - 941 8666
It would greatly assist dog control staff if you can provide:
- An accurate description of the dog
- The time it was wandering
- The address it comes from
In the event of legal action you may be required to appear as a witness in court.
Penalties
Impounding
Where any constable, dog control officer or dog ranger seizes or is given custody of any dog under the Dog Control
Act 1996, that dog may be impounded and that unless the dog is claimed and all fees paid within 7 days it may be
sold, destroyed or otherwise disposed of as the Local Authority thinks fit.
Top of page
Infringement Penalties - Dog Control Act 1996
Under the provision of the new Dog Control Act, (effective from 1 July 1996) dog owners may be issued with an
infringement notice if they, or their dog(s) are found committing specific offences.
Infringement offence notices carry a fixed mandatory penalty, these are outlined below:
| Wilful obstruction of a dog control officer or dog ranger |
$400 |
| Failure or refusal to supply information or wilfully stating false particulars to Dog Control Officer or Dog
Ranger |
$400 |
| Failure to comply with any bylaw authorised by the Dog Control Act |
$200 |
| Fraudulent sale or transfer of a dangerous dog |
$400 |
| Making a false statement relating to the registration of a dog |
$400 |
| Keeping an unregistered dog |
$200 |
| Fraudulent attempt to procure a replacement label or disc |
$400 |
| Failure to advise change of ownership |
$100 |
| Failure to advise change of address |
$100 |
| Removal or swapping of labels or discs |
$400 |
| Failure to keep dog under proper control |
$200 |
| Allowing dogs known to be dangerous to be at large unmuzzled |
$400 |
|
