DOG ACT 1976 - SECT 31
DOG ACT 1976 - SECT 31
31 . Control of dogs in certain public places
(1) A dog shall not be
in a public place unless it is —
(a) held
by a person who is capable of controlling the dog; or
(b)
securely tethered for a temporary purpose,
by means of a chain,
cord, leash or harness of sufficient strength and not exceeding the prescribed
length.
(2A) Despite
subsection (1), a dog shall not be in a public place —
(a) at
all if the place is specified under subsection (2B) as a place where dogs are
prohibited at all times; or
(b) at a
time when the place is specified under subsection (2B) as a place where dogs
are prohibited at that time.
(2B) A local
government may, by absolute majority as defined in the
Local Government Act 1995 section 1.4, specify a public place, or a class of
public place, that is under the care, control or management of the local
government to be a place where dogs are prohibited —
(a) at
all times; or
(b) at
specified times.
(2) A dog is exempt
from the requirements of subsection (1) if —
(a) it
is in a dog exercise area specified under subsection (3A); or
(b) it
is in a public place that is in an area of the State outside the metropolitan
region or outside a townsite, and that is not a rural leashing area specified
under subsection (3B); or
(c) it
is in or on a vehicle; or
(d) it
is being exhibited for show purposes; or
(e) it
is participating in an obedience trial or classes conducted under the auspices
of the body known as the Canine Association of Western Australia (Inc.) or a
body approved by the local government in whose district the obedience trial or
classes are conducted; or
(f) it
is registered as being bona fide used in the droving or tending of stock and
is being so used or is going to or returning from a place where it will be, or
has been, so used; or
(g) it
is a foxhound in a pack bona fide engaged in hunting or hound exercise or in
going to or returning from hunting or hound exercise; or
(h) it
is being used for retrieving, duck hunting or other customary sporting
purposes.
(3A) A local
government may, by absolute majority as defined in the
Local Government Act 1995 section 1.4, specify a public place, or a class of
public place, that is under the care, control or management of the local
government to be a dog exercise area.
(3B) A local
government may, by absolute majority as defined in the
Local Government Act 1995 section 1.4, specify a public place that is under
the care, control or management of the local government to be a rural leashing
area.
(3C) At least 28 days
before specifying a place to be —
(a) a
place where dogs are prohibited at all times or at a time specified under
subsection (2B); or
(b) a
dog exercise area under subsection (3A); or
(c) a
rural leashing area under subsection (3B),
a local government
must give local public notice as defined in the Local Government Act 1995
section 1.7 of its intention to so specify.
(3) If a dog is at any
time in any public place in contravention of subsection (1) or (2A), every
person liable for the control of the dog at that time commits an offence
unless the person establishes a defence under section 33B.
Penalty: a fine of $5 000.
(4) This section does
not apply to a dangerous dog.
(5) A local government
must specify under subsection (3A) such dog exercise areas as are, in the
opinion of the local government, sufficient in number, and suitable, for the
exercising of dogs in the district.
[Section 31 inserted: No. 23 of 1987 s. 27;
amended: No. 14 of 1996 s. 4; No. 24 of 1996 s. 16; No. 18 of 2013 s. 28.]