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reg 31

Dogs causing nuisance

In force
Part 4Control of dogs
Division 1Offences

31 Dogs causing nuisance

(1) The owner of a dog who permits that dog, either by itself or in concert with other dogs, to become a nuisance is guilty of an offence.

Penalty: $200.

(2)

For the purpose of this by‑law, a dog is a nuisance if it:

(a)

is injurious or dangerous to the health of the community;

(b) creates a noise, by barking or otherwise, which is frequent and produces a noise level greater than 5 dBA above ambient on that part of another property ordinarily used for domestic activities;

(c) consistently barks when people or vehicles use a road in the vicinity of the premises where the dog is kept;

(d) behaves consistently in a manner contrary to the general interest of the community; or

(e) subject to this by‑law, when on a road where there is a constructed curb and gutter, urinates or defecates other than in that gutter.

(3) The owner of a dog is not guilty of an offence against this by‑law, by reason of the dog being a nuisance by defecating in circumstances referred to in clause (2)(e), if the owner immediately removes the faeces and disposes of it in the gutter of the road, a public garbage receptacle or on his or her own property.

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