Coomalie (Dog Management) By-Laws 2002

abandon includes deliberately leaving a dog at premises or failing to obtain the release of the dog from a pound.

appropriate fee means the fee determined by the council to be the fee for a licence, registration or other matter or for a class of licence, registration or other matter.

approved means approved by the council by resolution.

attack, in relation to the actions of a dog, means an action of a dog that involves the dog rushing at, biting, chasing, menacing or worrying a person or another animal and, in so doing, actually touching the person or animal or the clothing or other property in the immediate possession or under the immediate control of the person, whether or not any injury or damage occurs to the person, animal or property.

council means the Coomalie Community Government Council.

determined means determined by the council by resolution.

dog means an animal of the genus Canis.

dog‑tag means a dog‑tag issued under by‑law 13.

guide dog means a dog trained by a guide dog training institution approved by the council and used as a guide by a person who is wholly or partially blind or deaf.

identification device means a device or mark used for identifying a dog registered under these By‑laws and includes a dog‑tag, tattoo or other approved device or mark.

licence means a licence granted or renewed under these By‑laws.

menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that:

(a) the dog is likely to attack the person or an animal owned by the person or in his or her control; or

(b) the dog is likely to attack another person or an animal owned by that person or in his or her control,

and includes a reasonable apprehension that the dog may escape, or be released from restraint, to attack a person or animal.

owner, in relation to a dog, means:

(a) the registered owner of the dog or the person for the time being in control of the dog;

(b) the occupier of premises or a part of premises where the dog is usually kept; or

(c) if the owner has not attained the age of 17 years – a parent or guardian of the owner,

but does not include a person controlling or keeping a dog that is seized or impounded under Part 4, Division 2.

pound means:

in accordance with by‑law 43.

pound supervisor means a pound supervisor appointed under by‑law 43(2).

premises includes a building and land (whether built on or not).

public place includes:

(a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place;

(b) a place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only;

(c) a road, street, footway, court, alley, thoroughfare or cul‑de‑sac that the public are allowed to use, despite that the road, street, footway, court, alley or thoroughfare may be formed on private property; and

(d) land reserved under a law of the Territory for the use of the public or a member of the public.

register means a register kept in pursuance of by‑law 8.

registered owner, in relation to a dog:

(a) means the person specified in the appropriate register as the owner of the dog; and

(b) if the registration is not current‑includes the person last specified in the register as the owner of the dog.

registrar means the registrar appointed under by‑law 7.

veterinarian means a registered veterinarian within the meaning of the Veterinarians Act 1994.

(2) A reference in these By‑laws to a dog at large means a dog (other than a dog in the custody of an authorised person or in a pound) in a place other than premises owned or occupied by the owner of the dog.

(3) For the purposes of these By‑laws, a dog is under effective control if the dog is:

(a) restrained by a leash, cord, chain or similar device not longer than 2.5 m and held by a person who is over the age of 12 years and competent to restrain the dog; or

(b) enclosed in a vehicle (including being in the back of a flat topped, tray backed or well bodied vehicle) in such a manner that no part of the dog is projecting from the vehicle.

Part 2 Administration