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Dog Attacks and Restricted Breeds
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Dog Attacks
You should be aware that an attack need not involve the dog actually inflicting a wound. If a dog attacks a person or an animal the owner or person in control at the time may be held responsible.
The number and severity of reported dog attacks is constantly monitored.
Ranger Services are working to reduce dog attacks through public education and the application of relevant legislation.
We encourage the reporting of all dog incidents and or attacks. You can call the council office during business hours on 1300 635 845 or after hours on 0418 943 219.
Depending on the nature of the incident the Ranger may require some specific information from you.
Rangers investigate each report even if injury has not occurred, this gives the Rangers the opportunity to provide the dog owner with information to prevent any future incident or attacks.
The City's Rangers, where possible, aim to acheive voluntary compliance. However, owners who ignore their responsiblities may face legal action with heavy penalties that may be imposed under the Dog Act 1976 (Maximum penalty $10 000).
Dangerous Dogs
The council may declare idividual dogs 'dangerous' for offences such as attacking or repearedly rushing, threatening or chasing people or animals.
Requirements dog declared dangerous and restricted breeds
- having dogs micro-chipped;
- providing clearly signposted, child and dog-proof enclosures;
- notifying the local government if a dog attacks, goes missing or moves to another owner or address; and
- notifying the council if a bitch has puppies.
Commercial guard dogs would have to be specifically registered and their owners meet similar requirements to those for dangerous dogs and restricted breeds.
The number and severity of reported dog attacks is constantly monitored. Restricted breeds classification system and ownership regulations of restricted breeds.
“Restricted breed” classification system
Under the legislation, a “restricted breed dog” is defined as a breed whose importation into Australia is prohibited under the Commonwealth Customs (Prohibited Imports) Regulations 1956. At present this includes: dogo Argentino (Argentinian fighting dog); fila Brasileiro (Brazilian fighting dog); Japanese tosa; American pit bull terrier and pit bull terrier breeds. The regulations also provide for a restricted breed dog to include any dog of a mixed breed that visibly contains any of the above prohibited breeds. The regulations apply provisions similar to those currently imposed on dogs declared dangerous.
The regulations require owners to:
- ensure the dog wears a specified collar indicating a dangerous dog;
- display warning signs indicating a dangerous dog at all access points at the premises at which the dog is kept;
- keep the dog in a child-proof and escape proof enclosure when at home;
- leash and muzzle the dog while in public places;
- notify the local council within 24 hours if the dog is missing or if ownership changes;
- advise a new owner in writing that their dog is a restricted breed;
- be 18 years or over and ensure persons in charge in public places are also 18 or over. (The leash or chain must be held by a person who is physically able to control the dog).
There is a maximum of two restricted dogs per owner without a permit from the Council.
The legislation provides for penalties of up to $5000 for any breach and allows the Chief Veterinary Officer of the Department of Agriculture to certify that a dog is of a restricted breed for purpose of prosecution.
Collars
According to the regulations, the collar to be worn by a dangerous or restricted dog shall;
- bear alternating red stripes and yellow stripes, each stripe being 25 mm wide and set at an angle of 45 degrees to the rim of the collar;
- reflect light from at least one of those colours so that the collar can be rendered visible in darkness;
- be made of durable material;
- be capable of being securely fastened;
- be capable of being attached to a leash;
· have a minimum width;
· in the case of a dog weighing less than 10 kg, 15 mm; or
· in the case of a dog weighing 10 kg or more but less than 20 kg, 25 mm; or
· in the case of a dog weighing 20 kg or more but less than 40 kg, 40 mm; orin the case of a dog weighing 40 kg or more, 50 mm.
Signs
According to the regulations, the collar to be worn by a dangerous or restricted dog shall;
- be a white rectangle measuring 200 mm by 300 mm;
- made of a durable material;
- contain the word "WARNING'' in white capital letters 30 mm high on a red rectangular panel measuring 190 mm by 45 mm near the top of the rectangle referred to in paragraph (a);
- contain below the panel referred to in paragraph (c) a red circle 160 mm in diameter containing the black head and neck of a dog 100 mm high wearing the collar provided for in Part 2 of this Schedule;
- contain below the circle referred to in paragraph (d) the words "DANGEROUS DOG'' in capital letters 20 mm high.
Restricted Dog Breeds
Dog regulations provide for all restricted breeds to be:
- sterilized
- kept at a secure location on the premises of its owner
- wear a prescribed collar
- confined in an enclosure unless the dog is muzzled, on a leash and under the control of a person aged 18 years or older.
There are also limits on the number of restircted breed dogs that may be owned by any one person.
Dog regulations require that owners of American Pit Bull Terriers and Pit Bull Terrier breeds (or cross breeds) must have these dogs leashed and muzzled in public places.
Any dog belonging to the above breeds or cross breeds, is to wear a specified collar indicating that it is a dangerous dog. Property access points must display signs indicating that a dangerous dog is housed on the property and the property must have escape-proof and child-proof fencing.
When in public places, the dog must be under the control of a person who is 18 years of age or older. The person must be physically able to control the dog.
Since 22 April 2002 certain restrictions applied to breeds of dogs prohibited from importation under Commonwealth legislation. At present these breeds include:
- Dog Argentino (also known as the Argentine Dogo or Argentinian Mastiff);
- American pit bull terrier (also known as Pit Bull Terrier or American Pit Bull) and other pill bull breeds;
- Fila Brasileiro (also known as Brazilian Mastiff or Cao de Fila)
- Japanese tosa (also known as Tosa Inu, Tosa Fighting Dog or Japanese Fighting Dog)
The regulations also provide for a restricted breed dog to include any dog of a mixed breed that visibly contains any of the above prohibited breeds.
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From an operational perspective authorised officers will need to decide whether or not they consider a dog to be a restricted breed dog. They may wish to seek independent evidence and advice before making that decision.
Where a matter is taken to court and the breed of the dog is challenged, section 53 of the Dog Act 1976 specifies that the Chief Veterinary Officer of the Department of Agriculture shall certify the breed of that dog. The Chief Veterinary Officer will at no other time be involved in certifying the breed of a dog. Accordingly, neither the Department of Agriculture nor its Chief Veterinary Officer should be contacted unless required by court proceedings.
Further, where the Chief Veterinary Officer is required by the court to determine whether a dog is a restricted breed dog it will be necessary for the local government prosecuting the matter to provide to that Officer independent written evidence supporting this claim. The evidence should include an examination of the dog and other relevant matters, and contain independent advice sufficient to convince the Chief Veterinary Officer that the dog is a restricted breed dog. The cost of obtaining and providing that evidence and advice will need to be borne by the local government in the normal course of mounting a prosecution.