Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A dog shall not be
a nuisance either of itself or together with other dogs whether or not in the
same ownership.
(1a) Where it is shown
that a dog is a nuisance in contravention of subsection (1) the occupier
of the premises where the dog is ordinarily kept or ordinarily permitted to
live commits an offence against that subsection unless he proves that he took
all reasonable precautions and exercised all due diligence to avoid the
contravention.
Penalty: Where the dog is a dangerous dog,
$4 000 and a daily penalty of $400; otherwise, $2 000 and a daily
penalty of $200.
(2) A dog shall be
taken to be a nuisance for the purposes of this section if —
(a) it
is injurious or dangerous to the health of any person;
(b) it
creates a noise, by barking or otherwise, which persistently occurs or
continues to a degree or extent not normally habitual in dogs and has a
disturbing effect on the state of reasonable physical, mental, or social
well-being of a person; or
(c) it
is shown to be allowed to behave consistently in a manner contrary to the
general interest of the community,
but not otherwise.
(3) Where 3 persons,
of whom at least 2 occupy different premises, are prepared to sign and do sign
a complaint in the prescribed form alleging the existence of a nuisance
created by a dog the local government may serve on the occupier of the
premises in which that dog is kept a notice requiring him to abate the
nuisance within 14 days, and if the nuisance is not so abated the local
government may institute proceedings for an offence against
subsection (1).
[Section 38 amended by No. 23 of 1987
s. 31; No. 14 of 1996 s. 4; No. 24 of 1996 s. 16.]