DOG CONTROL POLICY 2016
Category
Animal Services, Regulatory Services
Type
Policy
Approved by
Council
Date Policy Took Effect
1 July 2016
Last Approved Revision
1 January 2004
Sponsor
General Manager Services and Development
Responsible Officer
Manager, Environmental Health and Animal Services
Review Date
1
INTRODUCTION
1.1
The Dunedin City Council recognises the positive impact that dogs can bring to health
and wellbeing in their role as human companions. Responsible dog ownership ensures
that the benefits of companionship are highlighted. Owning a dog also carries the
responsibility of being considerate of others who share our public places who aren’t
dog owners and ensuring your dog is not a nuisance or menace to your neighbours
and the wider community.
1.2
The Dunedin City Council is responsible for dog control across the district. This policy
serves to meet the Council’s obligations under the Dog Control Act 1996, and provides
the framework on which the Dog Control Bylaw and associated fees regarding dog
registration and offences are based.
2
OBJECTIVES
2.1
The Council’s principal objectives are to:
(a)
have all dogs registered and micro-chipped;
(b)
minimise danger, distress and nuisance caused by dogs;
(c)
minimise the risk of dog attacks;
(d)
minimise the fear of dogs attacking or intimidating people;
(e)
avoid danger from uncontrolled dogs entering children’s play areas;
(f)
ensure the protection of public health and safety in areas used by the general
public;
(g)
provide for exercise and recreational needs of dogs;
(h)
provide for service users to meet the costs of services;
(i)
ensure the protection of native wildlife in reserves and beaches (e.g. fur seals,
sea lions, penguins and wading birds) by minimising the risk of dog attacks.
3
RESPONSIBLE DOG OWNERSHIP
3.1
Proactively promote the responsible ownership of dogs, including care and control
around people, protected wildlife, other animals, property and natural habitats.
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3.2
What Does It Mean To Be A Responsible Dog Owner?
Choose the right dogs and treat them well.
Ensure your dog has adequate exercise.
Consider the health benefits for your dog of neutering at an early age.
Register and microchip your dog.
Teach your dog basic obedience (keep your dog under control at all times).
Know the best locations where you are allowed to take (exercise) your dog.
Be particularly vigilant near children and closely supervise interaction at all times.
Know when you dog will ignore commands: put dog on-leash, shorten leash, or avoid
the area altogether (even if in an off-leash or designated dog exercise area).
Respect other people's personal space. Public places are for everyone's enjoyment
and not everyone is fond of dogs.
Ensure your dog cannot leave your property by itself.
Know when your dog must be on a leash, and always carry a leash.
Always carry and display a bag or other receptacle suitable for the removal of faeces
and pick-up after your dog.
4
LEGISLATION
4.1
The legislation that relates to the control of dogs and specifies the obligations imposed
on Dunedin City Council and dog owners are:
4.2
Dog Control Act 1996
4.2.1 The purpose of the Dog Control Act 1 is to make better provision for the care and
control of dogs:
(a)
by requiring the registration of dogs; and
(b)
by making special provision in relation to dangerous dogs and menacing dogs;
and
(c)
by imposing on the owners of dogs, obligations designed to ensure that dogs
do not cause a nuisance to any person and do not injure, endanger, or cause
distress to any person; and
(d)
by imposing on owners of dogs obligations designed to ensure that dogs do
not injure, endanger, or cause distress to any stock, poultry, domestic animal,
or protected wildlife; and
(e)
to make provision in relation to damage caused by dogs.
4.3
Dog Control Policy
4.3.1 All Territorial Authorities must adopt a Dog Policy under the Dog Control Act2, which
must have regard to the following:
(a)
the need to minimise danger, distress, and nuisance to the community
generally; and
1 Section 4, Dog Control Act 1996
2 Section 10, Dog Control Act 1996
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(b)
the need to avoid the inherent danger in allowing dogs to have uncontrolled
access to public places that are frequented by children, whether or not the
children are accompanied by adults; and
(c)
the importance of enabling, to the extent that is practicable, the public
(including families) to use streets and public amenities without fear of attack
or intimidation by dogs; and
(d)
the exercise and recreational needs of dogs and their owners.
4.4
Dog Control Bylaw
4.4.1 Section 20 of the Dog Control Act permits any territorial authority to make bylaws
regarding the control of dogs in accordance with the process in the Local Government
Act 2002. The Dog Control Bylaw includes the following provisions;
(a)
prohibiting dogs, whether under control or not, from specified public places;
(b)
requiring dogs, other than working dogs, to be controlled on a leash in
specified public places, or in public places in specified areas or parts of the
district;
(c)
regulating and controlling dogs in any other public place;
(d)
designating specified areas as dog exercise areas;
(e)
prescribing minimum standards for the accommodation of dogs;
(f)
limiting the number of dogs that may be kept on any land or premises;
(g)
requiring the owner of any dog that defecates in a public place or on land or
premises other than that occupied by the owner to immediately remove the
faeces;
(h)
requiring any female dog to be confined but adequately exercised while in
season;
(i)
providing for the impounding of dogs, whether or not they are wearing a collar
having the proper label or disc attached, that are found at large in breach of
any bylaw made by the territorial authority under this or any other Act;
(j)
requiring the owner of any dog (being a dog that, on a number of occasions,
has not been kept under control) to cause that dog to be neutered (whether or
not the owner of the dog has been convicted of an offence against section 53).
5
FEES AND REGISTRATION
5.1
The Council’s policy is to apply a graduated fee scale to target fees to high demand
users and to deter non-compliance. For example, fees for repeat impounding of a dog
increase with each subsequent impounding.
5.2
Registration Fees
5.2.1 All dogs are required to be registered in accordance with the Dog Control Act 1996
which provides:
Dog registration fees are set by Council resolution;
Dog registration fees, fines and impound fees are used to fund the dog control
service;
Registration fees paid after 31 July will have a late payment penalty applied. The
penalty is an additional 50% of the registration fee; and
Infringement notices for not registering a dog may also be issued.
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5.3
While there are specific registration fees set for differing classifications of dogs,
registration fee reductions are prescribed to recognise and reward dog ownership
behaviour that complies with the legislation i.e. self-compliance. Compliant dog
owners will be recognised by the application of fee reductions. Rewarding self-
compliance with the legislative requirements transfers the burden of service costs to
non-complying dog owners. Examples of occasions where registration fee reductions
may apply are as follows:
Dogs that are kept within an effectively fenced area on the property they are
registered at, to prevent escape from the property (Selected Owners);
Dog owners that have not received infringements, valid nuisance complaints, or
had a dog impounded in the two years leading up to the current registration
period;
Neutered dogs.
5.4
The Council will provide a pro-rata refund for registration fees paid where a registered
dog dies in the period of registration3.
5.6
Other Fees
5.6.1 These fees are set by Council resolution and include but are not limited to:
Impounding,4
Sustenance and board (during period of impounding)5
Micro-chipping6
Multiple dog permit7
6
MULTIPLE DOG PERMIT
6.1
No more than one dog of register-able age, i.e. three months old and over (whether
or not such dogs are registered), may be kept on any premises unless the owner or
occupier of the property has a permit from the Council.
6.2
No permit will be required to keep one or more dogs (working dogs) within the Rural
zone as defined in the Dunedin City Council District Plan.
6.3
No permit may be granted to the owner or occupier of any property for more than one
dog if the owner or occupier cannot demonstrate compliance with the Dog Control
Bylaw, or if the criteria below are not met to the satisfaction of the Council:
1
If the property in which the dog owner/owners resides is leased/rented, the
written consent of the property owner is required to keep more than two dogs on
that property before any consideration for a permit will be given. A copy of such
consent must be forwarded to the Council with the permit application.
2
The property must be adequately fenced to confine the dogs on the section, or in
the absence of full boundary fencing, a portion of the section must be fenced
sufficiently to confine the dogs yet allow them to have an adequate exercise area
for their size.
3 Section 39, Dog Control Act 1996
4 Section 68, Dog Control Act 1996
5 Section 68, Dog Control Act 1996
6 Section 69A, Dog Control Act 1996
7 Section 150, Local Government Act 2002
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3
Where necessary and having regard to the numbers and size of the dogs kept,
the area of confinement must be paved, graded and drained to any standard set
by the Council and in any event, must be on well drained ground.
4
Adequate housing of sufficient size suitable to meet the needs of the dogs, with
access to clean water, must be provided on well drained ground.
5
The Council may consider the owner's dwelling to be sufficient to meet this
condition, depending on the particular circumstances.
6
All dogs must be currently registered and must be kept at all times in accordance
with the provisions of the Dog Control Act.
7
Such screening of the area of confinement as is necessary to protect the visual
amenities of the neighbourhood must be provided.
8
All dog owners must abide, at all times, with the Dog Control Bylaw and its
subsequent amendments. Failure to meet this requirement may result in a notice
to remove one or more dogs permanently from the property.
9
The property must be made available for inspection by an authorised council
officer at any reasonable time.
10 The number of dogs that may be kept on a property must not exceed that
number for which the permit may be issued.
11 Any alterations to the property must meet the Council’s criteria prior to the
Animal Control Officer issuing a permit.
12 Any permit must be obtained prior to an additional dog being obtained.
13 The Council may:
(a)
Refuse the granting of a permit for the keeping of two or more dogs, or
(b)
Revoke a permit issued, if the conditions set out above are at any time
breached and not rectified following written notice by the Council and within
a period of time allowed by the Council and to give notice in writing that all
dogs except one be removed from the property within such time as Council
consider necessary in the particular case.
14 No permit will be granted relating to a property used for breeding, boarding or
fostering unless a resource consent has been obtained where appropriate.
15 Council must be notified of any change of address, so that a permit may be
obtained for the new address. Permits may not be transferred to a new property.
16 If your dog numbers reduce to one or no dogs for a period of two or more years
your permit is deemed to have lapsed and you will need to reapply if you once
again have two or more dogs on your property.
17 A fee as prescribed in the Animal Services annual fees and charges in the
Council's Annual Plan must be paid to the Council by 31 July.
7
EDUCATION AND DOG OBEDIENCE
7.1
The Council encourages dog owners to attend dog obedience courses, particularly
puppy training classes, to assist in the training and socialisation of dogs.
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7.2
Where a dog has been classified as Menacing or Dangerous, the Council may require a
dog owner to attend specified courses.
8
MENACING AND DANGEROUS DOGS
8.1
Dogs can be classified as Menacing in accordance with sections 33A and 33C of the
Dog Control Act or Dangerous in accordance with section 31 of the Act.
9
PROBATIONARY AND DISQUALIFIED OWNERS
9.1
Dog owners can be classified as a Probationary owner in accordance with sections 21
of the Dog Control Act or can be disqualified in accordance with section 25. The
maximum period of probation or disqualification may apply, unless the owner can
demonstrate that the maximum period is unnecessary for the purpose of achieving
the objectives of the Council’s Dog Control Policy.
10
NEUTERING OF DOGS
10.1
Any dog classified as Dangerous by the Council or by any other Territorial Authority in
accordance with section 32 of the Dog Control Act must be neutered. A dog
categorised as Menacing under section 33E of the Dog Control Act may be required to
be neutered.
10.2
In all cases the classification documents served on the owner of a Menacing or
Dangerous dog will advise the owner of the requirement to neuter the classified dog
within one month.
10.3
The owner of a dog which is required to be neutered by the Council; must produce a
veterinary certificate showing either that the dog has been neutered or that the dog is
unfit to be neutered before a certain date.
10.4
The Council may require the owner of any dog (being a dog that, on a number of
occasions, has not been kept under control) to have the dog neutered or spayed
whether or not the owner of the dog has been convicted of an offence against section
53 of the Act.
11
DOG FOULING
11.1
Dog fouling is not tolerated in any form within the Dunedin City Council boundary.
Dog owners must ensure that they carry and display a bag or other receptacle
suitable for the removal of faeces and remove it immediately.
12
INFRINGEMENTS
12.1
The following infringement offences are set by the Dog Control Act. The Council has
no discretion to alter these fees.
Section Offence
Infringement
18
Wilful obstruction of a Dog Control Officer
$750.00
Failure/refusal to supply information/wilfully stating false
19(2)
particulars
$750.00
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Section Offence
Infringement
Failure to supply information or wilfully providing false
19A(2) particulars about dog
$750.00
20(5)
Failure to comply with any bylaw authorised by the section
$300.00
Failure to undertake dog owner education programme or dog
23A(2) obedience course (or both)
$300.00
24
Failure to comply with obligations of probationary owner
$750.00
28(5)
Failure to comply with effects of disqualification
$750.00
Failure to comply with effects of classification of dog as
32(2)
dangerous dog
$300.00
32(4)
Fraudulent sale/transfer of a dangerous dog
$500.00
33EC(1) Failure to comply with effects of classification of dog as
menacing dog
$300.00
33F(3)
Failure to advise person of muzzle and leashing requirements
$100.00
36A(6) Failure to implant microchip transponder in dog
$300.00
41
False statement relating to registration
$750.00
41A
Falsely notifying death of dog
$750.00
42
Failure to register dog
$300.00
Fraudulent attempt to procure a replacement registration
46(4)
label/disk
$500.00
48(3)
Failure to advise change of dog ownership
$100.00
49(4)
Failure to advise change of address
$100.00
51(1)
Removal/swapping of labels/disks
$500.00
52A
Failure to keep dog controlled or confined
$200.00
53(1)
Failure to keep dog under control
$200.00
54(2)
Failure to provide proper care and attention, to supply
proper and sufficient food, water, and shelter, and to provide
adequate exercise
$300.00
54A
Failure to carry leash in public
$100.00
55(7)
Failure to comply with barking dog abatement notice
$200.00
Allowing a dog known to be dangerous to be at large
62(4)
unmuzzled
$300.00
62(5)
Failure to advise of muzzle and leashing requirements
$100.00
72(2)
Releasing dog from custody
$750.00
12.2
Any of the above offences may be proceeded with by way of an infringement notice or
by initiating a prosecution in accordance with the Criminal Procedure Act 2014.
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13
DOG EXERCISE AREAS
13.1
The Council will review the need for specified dog exercise areas and suitable
locations as necessary.
13.2
Dogs weighing more than eight kilograms may not be allowed inside the boundaries of
any designated small dog park.
14
DOGS ON LEASH
14.1
Every owner of a dog shall keep that dog on a leash in public areas at all times except
in a dog exercise area (specified either by signage or listed in a schedule Dog Control
Bylaw) or by exceptions specified in the bylaw. Dogs must be leashed near any
playground.
15
DOG RESTRICTIONS
15.1
Areas where dogs are restricted or prohibited within the Dunedin City Council district
(except when in a vehicle) are specified in Schedule D of the Dog Control Bylaw.
15.2
The Department of Conservation ("DOC") manages dog restrictions by the use of on-
site access signage and brochures. Dog owners are expected to adhere to restrictions
displayed on signage and in brochures as to where dogs are permitted or prohibited.
15.3
Further information on dog restrictions on DOC-managed land can be obtained from
the Dunedin DOC Office and i-Site Visitors Centre.
15.4
Dog owners must place their dogs on a leash within 20 metres of protected wildlife.
15.5
In addition to the specific restrictions set out above, dogs must be kept under control
at all times as required by the Dog Control Act. This is expected to be sufficient to
ensure that dogs do not injure, endanger, or cause distress to any protected wildlife.
16
WELFARE OF DOGS DURING AN EMERGENCY
16.1
All dog owners are expected to plan and prepare for the care and welfare of their
dog(s) in anticipation of an emergency. While a state of emergency is in place dog
owners must:
(a)
Keep their dogs under effective control at all times;
(b)
Ensure their dog does not injure, endanger or cause distress to any person.
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