Dogs causing nuisance
34 Dogs causing nuisance
(1) If, within the council area, a dog (by itself or together with other dogs) is a nuisance, the owner of the dog commits an offence.
(2) For the purposes of this by‑law, a dog is a nuisance if it is injurious or dangerous to the health of the community or an individual, or behaves repeatedly in a manner contrary to the general interest of the community or an individual.
Without limiting clause (2), a dog is a nuisance if it:
(a) creates a noise, by barking or otherwise, which persistently occurs or continues to a degree or extent that has a disturbing effect on the state of reasonable mental, physical or social well‑being of a person;
(b) repeatedly barks or otherwise repeatedly creates a noise when people or vehicles use a public place in the vicinity of the premises where the dog is kept; or
(c) repeatedly defecates in a place or places causing annoyance to a particular person.
(4) For the purposes of clause (3)(c), the dog is taken not to be a nuisance if the owner of the dog promptly removes the faeces and disposes of them in a public garbage receptacle or on his or her own property.
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