Dogs causing nuisance
39 Dogs causing nuisance
(1) A person commits an offence if the person fails to comply with by‑law 19A(1).
Maximum penalty: 20 penalty units.
An offence against clause (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse.
Note for clause (3)
The defendant has an evidential burden in relation to the matters in clause (3) (see section 43BU of the Criminal Code).
(4) The owner of a dog does not commit an offence against clause (1) consisting of failing to prevent a dog repeatedly defecating in a place that causes annoyance to other persons if the owner immediately removes and disposes of the faeces in a sanitary manner.
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