DOG ACT 1976 - SECT 38
DOG ACT 1976 - SECT 38
38 . Nuisance dogs
(1) For the purposes
of this section, a dog is a nuisance if the dog —
(a)
makes a noise, by barking or otherwise, that persistently occurs or continues
to such a degree or extent that it unreasonably interferes with the peace,
comfort or convenience of any person in any place; or
(b) is
shown to be allowed to behave consistently in a manner contrary to the general
interest of the community; or
(c)
makes a noise, by barking or otherwise, that exceeds —
(i)
a prescribed noise level measured by a prescribed method
over a prescribed period of time; or
(ii)
a prescribed number of times of occurrence during or over
a prescribed period of time.
(2) A person may lodge
a complaint in a prescribed form with an authorised person, alleging that a
dog is a nuisance.
(3) If an authorised
person is satisfied that a dog is a nuisance as alleged in a complaint, the
authorised person may issue an order to a person liable for the control of the
dog requiring that person to prevent the behaviour that is alleged to
constitute the nuisance by a time specified in the order.
(4) An order has
effect for 6 months after the day on which it is issued.
(5) A person to whom
an order is issued must comply with the order during the period in which it
has effect.
Penalty:
(a) for
an offence relating to a dangerous dog —
(i)
a fine of $10 000, but the minimum penalty is a fine of
$500;
(ii)
for each separate and further offence committed by the
person under the Interpretation Act 1984 section 71, a fine of $500;
(b) for
an offence relating to a dog other than a dangerous dog, a fine of $5 000.
(6) This section does
not apply to a dog while that dog is kept at an establishment licensed as an
approved kennel establishment under section 27.
[Section 38 inserted: No. 18 of 2013 s. 46.]