Western Australian Consolidated Acts

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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.

        (2)         A dog is exempt from the requirements of subsection (1) if — 

            (a)         it is in an area specified by a local government under section 51 as a dog exercise area;

            (b)         it is in a public place in an area of the State that is outside the metropolitan region or a townsite;

            (c)         it is in or on a vehicle or boat;

            (d)         it is being exhibited for show purposes;

            (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;

            (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;

            (g)         it is a foxhound in a registered 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.

        (3)         If a dog is at any time in any public place in contravention of subsection (1) every person liable for the control of the dog at that time commits an offence against that subsection unless he establishes a defence under section 33B.

        Penalty: Where the dog is a dangerous dog, $4 000; otherwise, $1 000.

        [Section 31 inserted by No. 23 of 1987 s. 27; amended by No. 14 of 1996 s. 4; No. 24 of 1996 s. 16.]



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