Section 21 Companion Animals Act 1998 | Dog Being a Nuisance


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The Legislation

Section 21 of the Companion Animals Act 1998 is Dog Being a Nuisance and is extracted below.

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21 Nuisance dogs

(1) For the purposes of this section, a dog is a nuisance if the dog:
(a) is habitually at large, or
(b) 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 other premises, or
(c) repeatedly defecates on property (other than a public place) outside the property on which it is ordinarily kept, or
(d) repeatedly runs at or chases any person, animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock) or vehicle, or
(e) endangers the health of any person or animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock), or
(f) repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept.

(2) If an authorised officer of a council is satisfied that a dog is a nuisance, the officer may, after complying with section 21A, issue an order in the approved form to the owner of the dog requiring the owner to prevent the behaviour that is alleged to constitute the nuisance.

(3) The order must specify the behaviour of the dog that is required to be prevented. The order can specify more than one kind of behaviour.

(4) An order remains in force for 6 months after it is issued.

(5) The owner of a dog must comply with an order issued to the owner under this section and must continue to comply with it while it is in force. Maximum penalty: 8 penalty units for a first offence or 15 penalty units for a second or subsequent offence.

(6) A council whose authorised officer issues an order under this section must notify the Director-General within 7 days after the order is issued.

(7) An order under this section is final and is not subject to any appeal or review.