Looking after your Dog in Public
When away from your property, your dog must wear a collar and be micro chipped and registered and be controlled on a leash (except in council off-leash areas). Outside your property, you must pick up your dog's droppings. Council must provide bins in areas used for exercising dogs. Your dog must not enter eating areas, schools or childcare grounds, wildlife protection areas or within 10 metres of children's playground equipment. The rules in the Companion Animal Act are important for pets, pet owners and other people. Dog and cat owners who ignore the rules face strong penalties, including fines and court action.
Dog in the Pound
If your dog is found unleashed in a public place, it can be seized by council officers and put in the pound. You have 14 days (for a registered dog) or 7 days (for unregistered dogs) to claim your pet from the pound. Dogs which are chipped will be scanned and their owners notified. All unclaimed animals are put up for adoption or rehomed through a register rehoming organisation.
Nuisance Dogs
Your local council can issue a Nuisance Order if your dog repeatedly barks, damages other people's property or chases people, animals or vehicles. If you don't stop your dog doing these things you can be fined.
Restricted Dog Breeds
Four breeds of dogs are subject to import restrictions by the Federal Government. They are the American Pit Bull Terrier, Japanese Tosas, Argentinian Fighting Dogs and the Brazilian Fighting Dog.
Dog Attacks
Depending on the severity of an attack and other factors in an investigation, Council may take one of the following actions against the owner of a dog:
Menacing dog declaration
A menacing dog declaration may be placed on a dog that has; displayed unreasonable aggression towards a person or animal or without provocation, has attacked a person or animal but without causing serious injury or death. This gives Council the opportunity to place control requirements on your dog even if they have not caused injury to a person or animal.
Dangerous dog declaration
A dangerous dog declaration may be placed on a dog that has; without provocation, attacked or killed a person or animal or repeatedly threatened to attack or repeatedly chased a person or animal. A dangerous dog declaration comes with a number of control requirements that you must follow. This includes a dangerous dog enclosure that needs to comply with Companion Animal regulations which could cost you upwards of $10,000 to install new. You are also subject to paying an annual permit fee of $195 for owning a dangerous dog.
Penalty infringement notices
You may be subject to a penalty infringement notice in relation to an attack. The current minimum penalty if your dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal is $1320. The maximum penalty is $22,000. You also may receive an infringement if your dog is in a public place and not under effective control ($330), your dog is not registered ($330) and a number of other offences. These infringements will cost you more if your dog is declared dangerous or menacing. Failure to pay infringement notices could result in enforcement actions from Revenue NSW such as driving restrictions (drivers licence suspension, vehicle registration cancellation or restrictions from conducting business with Transport for NSW) or even deductions from your wages or bank account.
An infringement may be issued to the owner or the person (over the age of 16 years) in charge of the dog at the time of the incident. If the dog is uncontrolled in a public place and no one is in charge of it, the owner will receive the infringement.