Determination of application
11 Determination of application
(1) Subject to these By‑laws, the Registrar shall, not later than 14 days after receiving an application under by‑law 10:
register the dog, either conditionally or unconditionally; or
refuse to register the dog.
(2) The Registrar may refuse to register a dog if, within the period of 3 years before the date of the application:
(a) the owner of the dog has been convicted of more than 2 offences against these By‑laws or the Repealed Act; or
(b) the dog has been impounded under these By‑laws or the Repealed Act on more than 2 occasions.
The Registrar shall refuse to register a dog:
(a) if the dog, other than a dog referred to in by‑law 24(2), is ordinarily kept on premises within a dog restriction area;
(b) if the owner of the dog fails to provide to the Registrar the written evidence referred to in by‑law 10(2)(b);
(c) if the Registrar is satisfied that the dog is destructive, dangerous, vicious or consistently the cause of nuisance to members of the public;
(d) if the person applying for the registration has not, if so required by the Council by resolution, completed a dog obedience course or dog training course referred to in clause (4); or
(e) if the premises on which the dog is ordinarily to be kept are not fenced in accordance with the manner, if any, determined by the Council under clause (5).
(4) The Council may, by resolution, approve a dog obedience course or dog training course for the purpose of clause (3)(d) and by‑law 15(3).
(5) The Council may, for the purposes of clause (3) (e) and by‑law 15(3) determine, by resolution, the manner of fencing premises and may make a determination by reference to the size or breed or both the size and breed of a dog which is ordinarily to be kept on the premises.
(6) If the Registrar refuses to register a dog or imposes conditions on the registration of a dog under clause (1), the Registrar shall serve on to the applicant a statement in writing of the reasons for the decision.
(7) For the purposes of clause (2)(a), a conviction for an offence includes the payment of a sum specified by these By‑laws in pursuance of a notice of infringement issued under these By‑laws.
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