(1) Dogs are prohibited in the following places (whether or not they are
leashed or otherwise controlled)--
(a) Children's play areas (meaning any
public place, or part of a public place, that is within 10 metres of any
playing apparatus provided in that public place or part for the use of
children).
(b) Food preparation/consumption areas (meaning any public place,
or part of a public place, that is within 10 metres of any apparatus provided
in that public place or part for the preparation of food for human consumption
or for the consumption of food by humans).
(c) Recreation areas where dogs
are prohibited (meaning any public place, or part of a public place, provided
or set apart by a local authority for public recreation or the playing of
organised games and in which the local authority has ordered that dogs are
prohibited and in which, or near the boundaries of which, there are
conspicuously exhibited by the local authority at reasonable intervals notices
to the effect that dogs are prohibited in or on that public place or part).
(d) Public bathing areas where dogs are prohibited (meaning any public place
or any part of a public place that is used for or in conjunction with public
bathing or public recreation (including a beach), in which the local authority
has ordered that dogs are prohibited and in which, or near the boundaries of
which, there are conspicuously exhibited by the local authority at reasonable
intervals notices to the effect that dogs are prohibited in or on that
public place).
(e) School grounds (meaning any property occupied or used for
a purpose connected with the conduct of a government school or non- government
school under the Education Act 1990 , other than any property used for a
residence or the curtilage of a residence).
(f) Child care centres (meaning
any property occupied or used for a purpose connected with the conduct of an
approved education and care service within the meaning of the Children
(Education and Care Services) National Law (NSW) or the Children (Education
and Care Services) Supplementary Provisions Act 2011 , other than any property
used for a residence or the curtilage of a residence).
(g) Shopping areas
where dogs are prohibited (meaning a shopping arcade or shopping complex,
including any part of it that is used by the public for parking or access to
shops, in which or part of which the local authority has ordered that dogs are
prohibited and in which, or near the boundaries of which, there are
conspicuously exhibited by the local authority at reasonable intervals notices
to the effect that dogs are prohibited there). This paragraph does not apply
to any shop or part of a shop.
(h) Wildlife protection areas (meaning any
public place or any part of a public place set apart by the local authority
for the protection of wildlife and in which the local authority has ordered
that dogs are prohibited for the purposes of the protection of wildlife and in
which, or near the boundaries of which, there are conspicuously exhibited by
the local authority at reasonable intervals notices to the effect that dogs
are prohibited in or on that public place).
(2) If a dog is in a place in
which dogs are prohibited under this section--
(b) if the owner is not present at the time of the offence and another person
who is of or above the age of 16 years is in charge of the dog at that
time--that other person,
(3) Any person (including an authorised officer) can seize a
dog that is in a place in which dogs are prohibited under this section. If
the owner of the dog is present, the dog cannot be seized except by an
authorised officer and only then if the owner fails to remove the dog from the
place when the officer directs the owner to do so. A reference in this
subsection to the owner of the dog includes a reference to the person who is
for the time being in charge of the dog.
Note : Removing the dog prevents the
dog being impounded but it does not excuse the contravention and does not stop
action being taken for the contravention.
(4) A dog is not prohibited under
this section in a place that is a food preparation/consumption area if the
place is a public thoroughfare (such as a road, footpath or pathway).
(5) A
dog is not prohibited under this section in a school ground or child care
centre if it is there with the permission of the person controlling the school
ground or child care centre.
(6) A dog is not prohibited under this section
in a place within a shopping area if it is there--
(a) in a vehicle that is
secured in such a way as to prevent the dog from escaping from it, or
(b)
with the permission of the person controlling the place, or
(c) for the
purpose of being taken to or from a pet shop, the premises of a
veterinary practitioner or a similar establishment.
(7) A local authority is
authorised to make the orders contemplated by this section.
(8) This section
does not apply to the following dogs--
