Enclosures for dangerous dogs and restricted breed dogs
14 Enclosures for dangerous dogs and restricted breed dogs
For the purposes of sections 38(3)(c) and 41G(2) of the Act, an enclosure complies with these Regulations if it—
has a minimum height and width of 1×8 m; and
has a minimum area of 10 square metres for every such dog kept at the owner's premises; and
provides a weatherproof sleeping area sufficient for all dogs in the enclosure; and
in the case of an enclosure for dangerous dogs, complies with the additional requirements specified in subregulation (2); and
in the case of an enclosure for restricted breed dogs, complies with the additional requirements specified in subregulation (3).
For the purposes of subregulation (1)(d), the additional requirements for an enclosure for dangerous dogs are that the enclosure must—
be fully enclosed; and
have walls that are—
fixed to the floor; and
constructed to be no more than 50 mm from the floor; and
have walls, a roof and a gate that are constructed of—
brick, timber, iron or similar solid materials; or
mesh that complies with subregulation (4); or
any combination of those materials referred to in subparagraphs (i) and (ii); and
have a floor that is—
constructed of concrete; and
graded to fall to a drain for the removal of effluent; and
have a gate that—
contains a self-closing and self-latching mechanism that enables the enclosure to be securely locked when the dog is in the enclosure; and
is kept locked when the dog is in the enclosure.
For the purposes of subregulation (1)(e), the additional requirements for an enclosure for restricted breed dogs are that the enclosure must—
if the owner of the dog is directed by an authorised officer under subregulation (5), have a perimeter with an inward-facing overhang of 0×7 m angled at 35 degrees to the horizontal plane; and
be constructed of—
brick, concrete, timber, iron or similar solid materials; or
mesh that complies with subregulation (4); or
any combination of those materials referred to in subparagraphs (i) and (ii); and
be constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the perimeter of the enclosure; and
be designed to prevent children from climbing into the enclosure; and
if the enclosure contains gates, each gate must—
contain a self-closing and self-latching mechanism that enables the enclosure to be securely locked when the dog is in the enclosure; and
be kept locked when the dog is in the enclosure; and
not be situated on premises in such a manner that people are required to pass through the enclosure.
Mesh used in the construction of an enclosure must be—
chain mesh manufactured from minimum 3×15 mm diameter wire to form a uniform mesh with a maximum mesh spacing of 50 mm; or
welded mesh manufactured from minimum 4 mm diameter wire with a maximum mesh spacing of 50 mm.
An authorised officer may direct an owner of a premises where a restricted breed dog is housed in an enclosure to ensure that the perimeter of the enclosure has an inward-facing overhang of 0×7 m angled at 35 degrees to the horizontal plane, if the officer reasonably believes that the dog has previously escaped over the perimeter of the enclosure.
Note
Section 38 of the Act sets out the circumstances in which the owner of a dangerous dog must keep the dog in a prescribed enclosure that complies with the regulations. Section 41G of the Act sets out the circumstances in which the owner of a restricted breed dog must keep the dog in a prescribed enclosure within the meaning of section 38 of the Act.
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