Northern Territory Consolidated Regulations

DARWIN CITY COUNCIL BY-LAWS - SECT 55B

(1) An authorised officer may declare a dog that has committed a Level 1 attack to be a Declared Dog (Category 1).

(2) If an authorised officer declares a dog to be a Declared Dog (Category 1), the council must serve notice of the declaration on the owner of the dog.

(3) The council may, by resolution, declare a class of dogs to be a prescribed breed.

(4) If the council declares a class of dogs to be a prescribed breed:

(a) each dog of that class is a Declared Dog (Category 1); and

(b) the council must publish a notice of the declaration in a newspaper circulating in the municipality.

(5) Not later than 14 days after a notice is served under clause (2) or published under clause (4), the owner of a dog to which the notice applies must:

(a) register the dog as a Declared Dog (Category 1); and

(b) pay the council the difference between the registration fee payable for a Declared Dog (Category 1) and the fee paid for the dog's current registration.

(6) If the dog is otherwise registered and the owner of the dog fails to
re-register the dog in accordance with clause (5), the dog is taken to be unregistered.

(7) The council must refuse to register a dog as a Declared Dog (Category 1) unless the owner of the dog has:

(a) arranged for the dog to be fitted with an approved permanent electronic subcutaneous device; and

(b) erected signage on each of the premises where the dog is usually or regularly kept with the words "Warning Dangerous Dog" clearly visible and legible from the boundaries of the premises; and

(c) notified the council of the address of the premises where the dog is usually kept (unless the address is the same as the address under which the dog is currently registered).

(8) As a condition of registration of a Declared Dog (Category 1), the owner of the dog must:

(a) ensure the dog is not at any time under the sole charge of a person under the age of 17; and

(b) ensure the dog is controlled by a suitable leash at all times when:

(i) outside the premises where the dog is usually kept; or

(ii) kept on premises that are not fenced in the manner approved by the council; and

(c) place a muzzle on the dog at all times when it is outside the premises where it is usually kept; and

(d) inform a prospective purchaser or owner of the dog that it is a Declared Dog (Category 1); and

(e) not sell or give the dog to a person under the age of 17; and

(f) if ownership of the dog is transferred - notify the council of the name and address of the new owner within 24 hours after the transfer; and

(g) if the premises where the dog is usually kept changes - notify the council of the new address within 7 days after the change; and

(h) if the owner intends to keep the dog at a different location to the premises where the dog is usually kept for a period exceeding 14 days - notify the council of the new address within 24 hours after the relocation; and

(i) if the dog attacks, or is alleged to have attacked, a person or animal - notify the council of the attack, or alleged attack, within 24 hours after the attack or the owner is made aware of the alleged attack; and

(j) if the dog is missing - notify the council within 24 hours after the owner becomes aware of the dog's absence; and

(k) if the dog has died - notify the council within 14 days after its death; and

(l) comply with any other conditions imposed by the council.

(9) Clause (8)(a) to (c) does not apply to Declared Dog (Category 1) that is less than an age determined by the council.

(10) In addition, an authorised officer may recommend, as a condition of the dog's registration, that the owner of a Declared Dog (Category 1) house the dog in a child-proof enclosure.