Northern Territory Consolidated Regulations

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MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS - REG 3

Interpretation

    (1)     In these By-laws, unless the contrary intention appears –

"abandon", in relation to a dog, includes leaving the dog at premises or failing to obtain the release of the dog from a pound;

"approved" means approved by the Council by resolution;

"Council" means the Mataranka Community Government Council;

"determined by the Council" means determined by the Council by resolution;

"dog" means an animal of the genus Canis ;

"dog exercise area" means a dog exercise area declared under by-law 19;

"dog restriction area" means a dog restriction area declared under
by-law 19;

"dog-tag" means a dog-tag issued under by-law 11;

"guide dog" means a dog trained by a guide dog training institution recognised by the Guide Dogs for the Blind Association of South Australia and the Northern Territory Incorporated and used as a guide by a person who is wholly or partially blind;

"identification device" means a device or mark used for identifying an animal registered under these By-laws and includes a dog-tag, permanent electronic subcutaneous implant, tattoo or other approved device or mark;

"licence" means a licence granted or renewed under these By-laws;

"menace", in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that the dog is likely to attack the person or an animal owned or in the control of the person, and includes a reasonable apprehension that the dog may escape, or be released from restraint, to attack the person or animal;

"Mataranka" means the Mataranka community government area as described in clause 3 of the Mataranka Community Government Scheme ;

"permanent electronic subcutaneous implant" means an electronic device that can be implanted into the tissue of a dog for the purposes of identification;

"pound" means a pound established under by-law 36(1)(a) or premises referred to in by-law 36(1)(b);

"pound manager" means a pound manager appointed under by-law 36(2);

"premises" includes land and buildings;

"public place" means a place open to or used by the public or to which the public is permitted to have access, whether on payment of a fee or otherwise, and includes a road;

"register" means the register kept under by-law 7;

"registered" means registered under these By-laws;

"registered owner", in relation to a dog, means the person appearing in the register as the owner of the dog;

"Registrar" means the Registrar appointed under by-law 6;

"Repealed Act" has the same meaning as in the Dog Act Repeal Act ;

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act .

    (2)     Unless the contrary intention appears, a reference in these By-laws to the owner of a dog (other than to the registered owner) includes –

        (a)     the person for the time being under whose control the dog is;

        (b)     the occupier of premises or a part of premises where the dog is usually kept; and

        (c)     where the owner has not attained the age of 17 years, a parent or guardian of the owner,

but does not include a person controlling or keeping a dog under Part 4 Division 2 or 3.

    (3)     A reference in these By-laws to a dog at large is a reference to a dog, other than a dog in the custody of an authorized person or in a pound, in a place other than premises owned or occupied by the owner of the dog.

    (4)     For the purposes of these By-laws, a dog is under effective control if the dog is –

        (a)     restrained by a leash, cord, chain or similar device, not longer than 2.5 m in length, held by a person who is competent to restrain the dog;

        (b)     enclosed in a vehicle in such a manner that no part of the dog is projecting from the vehicle; or

        (c)     in a dog exercise area in accordance with the conditions, if any, to which use of the area is subject and the dog is not a female dog in oestrus.



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