Coomalie (Dog Management) By-Laws 2002

(1) The council must, not later than 21 days after receiving an application under by‑law 11:

(a) register or renew the registration of the dog, either conditionally or unconditionally; or

(2) If the council refuses to register or renew the registration of a dog, the council must refund to the applicant the fee that accompanied the application in relation to the dog.

(3) The council may refuse to register or renew the registration of a dog if the owner of the dog commits more than 2 offences against these By‑laws during the period of 12 months before the date of the application.

(4) For the purposes of subsection (3), the owner of a dog commits an offence against these By‑laws if:

(a) he or she has been found guilty by a court of an offence against these By‑laws;

(b) a penalty under an infringement notice has been paid in expiation of an alleged offence against these By‑laws by the owner; or

(c) although the penalty under an infringement notice referred to in paragraph (ii) has not been paid the due date for payment has passed and the owner has not elected to have the matter determined by a court.

(5) The council may refuse to register or renew the registration of a dog if:

(a) within the period of 12 months before the date of the application:

(i) the owner of the dog has been found guilty of an offence against these By‑laws;

(ii) a penalty under an infringement notice has been paid in expiation of an alleged offence by the owner of the dog against these By‑laws; or

(iii) although the penalty under an infringement notice referred to in paragraph (ii) has not been paid, the due date for payment has passed and the owner of the dog has not elected to have the matter determined by a court,

in relation to more than 2 offences or alleged offences in total;

(b) within the period of 12 months before the date of the application, the dog has been impounded under these By‑laws on more than 2 occasions;

(c) the council is satisfied that the dog is destructive, dangerous, vicious or consistently the cause of nuisance to members of the public;

(d) the premises on which the dog is usually kept are not fenced in accordance with a condition of registration of the dog imposed by the council; or

(e) within the period of 12 months before the date of the application, 2 or more complaints have been received relating to:

(i) the state of (including odour emanating from) the premises where the dog is usually kept, caused by or as a result of, keeping the dog; or

(ii) the unauthorised presence of the dog on premises other than the premises where the dog is usually kept.

(6) The council must refuse to register the dog or renew the registration of a dog if, in keeping the dog on premises on which the dog is usually kept, the applicant would be in breach of by‑law 26.

(7) If the council refuses to register or renew the registration of a dog, or imposes conditions on the registration or renewal of the registration of a dog, the council must serve on the applicant a statement in writing of the reasons for its decision.

(8) The registered owner of a dog must comply with any conditions imposed on the registration or renewal of registration.