Discussion Paper Draft Animal Management By-laws

							Discussion Paper
Draft Animal Management By-laws

Council is interested in your views in respect to its Draft Animal Management By-laws and invites you to make
a submission or comment.

You may forward your views on the Draft By-laws by fax on: 8930 0311, by post to: Darwin City Council, Reply
Paid 84, Darwin NT 0801, email: dcc@darwin.nt.gov.au or in person to Council’s Customer Service Desk,
Harry Chan Avenue, Darwin.

If you wish to speak with someone about the draft by-laws please phone 8930 0300. If you wish to make a
simple comment you may complete and return to Council the questionnaire attached.

A complete copy of the relevant Animal Management By-laws Draft is available on Council’s website
www.darwin.nt.gov.au, from Council’s public libraries or the Council's Customer Service Desk.

Background
For some time now Council has been aware of the extent of community interest and dissatisfaction with
animal control issues within Darwin, and in particular in relation to dog control. Council’s current by-laws were
drafted in 1994 and it is accepted that they no longer meet the community’s expectations. There are also a
number of anomalies that make the existing by-laws difficult to enforce.

Whilst there have been many successful examples of Council intervention in dog complaints, a problem exists
with enforcing the provisions of the existing by-laws. Examples of these issues include:

-   The difficulties associated with proving a ‘barking dog’ offence.
-   A lack of definition within the by-laws for issues such as ‘a dog attack’.
-   The difficulties associated with acting on unregistered dogs within the municipality.
-   The cumbersome nature of the nuisance provisions (barking and defecating)
-   The ability for persons to use the Northern Territory Criminal Code ‘unwilled act’ as a defence against
    prosecution. For example in the case of a dog attack.
-   The inadequacy of controls relating to containment, abandoned dog, and dog control.

WHAT CHANGES ARE PROPOSED?

A New Approach
Overall the review of the by-laws was undertaken with the view to achieving the following objective statement:

        That Darwin City Council recognises the contribution pets make to Darwin’s lifestyle and seeks to
        protect the needs and safety of pets and their owners while providing a safe environment for the
        greater community.

The draft by-laws propose significant changes to the keeping and management of dogs & cats in Darwin.

-   Every dog owner will be required to do more to ensure their animal is trained, identified and properly
    under control or secured at all times.
-   Every cat owner will need to register and identify their cat.
-   Fines, Penalties & Registration Fees to increase
-   The number of regulatory officers dedicated to animal control will be increased along with the level of
    enforcement.

The Main Changes
The main changes or additions contained within the draft by-laws are described below.

•   Barking
    The definition of ‘nuisance’ is amended to make it easier to prove a noise (barking) offence. It will no
    longer be necessary to prove that the persistent barking has a “disturbing effect on the state of
    reasonable mental, physical or social wellbeing of a person.” But rather that the persistent barking
    (meaning more than once) “unreasonably interferes with the peace, comfort or convenience of any person
    in any other premises.”


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Discussion Paper Draft Animal Management By-laws

    It will still be necessary for people lodging complaints to keep diaries to prove the occurrence of the
    offence, but in addition to the offence being easier to prove, it will also be possible for Council to issue an
    order requiring action to be taken. This could include training, or other measures.

•   The current Prescribed Dog Register is abolished and replaced with a ‘Declared Dog’
    classification system
    The ‘Declared Dog’ classification system enables additional conditions to be placed upon dogs that have
    attacked or caused a nuisance (including barking) and also enables higher registration fees to apply to
    problem dogs.

•   Micro-chipping (dogs)
    Council may refuse to register any dog that is not micro chipped. A dog is still required to have an
    identification collar when outside its own property.

•   Dog defecating & dog poo bags
    It becomes an offence and therefore a fine for a person not to clean up after a dog. A person
    accompanying a dog must carry a receptacle to clean up after a dog at all times. (Note - In the current
    by-laws the act must occur repeatedly).

•   Abandoned Dog
    The definition of abandoned dog is expanded to also include failing to obtain the release of a dog from the
    pound. The definition is further expanded to include abandoning a dog at any premises.

•   Leads – must be carried
    It becomes an offence to walk a dog and not be in possession of a lead at all times. Dogs must be on a
    lead everywhere except in declared dog exercise areas or on private property.

•   Containment
    Dogs will need to be properly contained within a property or vehicle at all times. The new by-laws also
    deal with a deficiency of the current by-laws and enable for example for the control of workman’s dogs
    that are brought into the municipality for short periods of time.

•   Registration
    -  Higher fees may be applied to dogs that attack or commit other offences against the by-laws. Higher
       registration fees may also apply to dogs that have not been adequately trained.
    -  Council may also refuse to register a dog if the owner has been convicted of 2 or more dog related
       offences within the previous 12 months.
    -  A common registration date enabling better promotion of dog registration and improved enforcement.
    -  The registration fees to be applied are to be determined by Council at a later date.

•   Dog Attack
    Dog Attack is defined and two new categories have been established to enable tighter restrictions on the
    keeping of dogs that have attacked.

    -       A dog attack is declared as a regulatory offence and therefore the ‘unwilled act’ defence is
            removed. It will no longer be necessary to prove that a dog owner intended their dog to attack.
    -       The additional conditions on the keeping of dogs that have attacked include signage, fencing,
            higher registration fees and muzzling.
    -
•   Cats
    New by-laws for cats are proposed.
    All cats will be required to be registered.
    All cats will need to be micro-chipped.
    Cats will not need to wear an identification device (eg. a collar).
    Council may determine the number of cats that may be accommodated before an application for a license
    must be made.
    Cats on public land may be seized and may also be taken to the pound.
    There are no proposed nuisance by-laws provisions relating to cats.




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Discussion Paper Draft Animal Management By-laws



•   Animal Management By-law Penalties
    The fixed penalties for offences pursuant to the by-laws have not yet been set. The general by-law
    provisions allow for fines to be set between $110 and $11,000 for an individual and up to $55,000 for a
    corporation. For the purpose of the consultation paper it is anticipated that the fixed fines will range
    between a minimum $110 for minor offences such as not carrying a lead or picking up after a dog, up to
    approximately $1,100 for dog attack.

    For example by-law offences such as having an unregistered dog or cat may be set at $330 (3 penalty
    units) and a nuisance dog (barking) at $550 (5 penalty units).