Section 14 Companion Animals Act 1998 | Having Prohibited Dog in Public Place


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The Legislation

Section 14 of the Companion Animals Act 1998 is Having Prohibited Dog in Public Place and is extracted below.

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14 Dogs prohibited in some public places

(1) Dogs are prohibited in the following places (whether or not they are leashed or otherwise controlled):
(a) (meaning any public place, or part of a public place, that is within 10 metres of any playing apparatus provided in that public place or part for the use of children).
(b) (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans).
(c) (meaning any public place, or part of a public place, provided or set apart by a local authority for public recreation or the playing of organised games and in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place or part).
(d) (meaning any public place or any part of a public place that is used for or in conjunction with public bathing or public recreation (including a beach), in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).
(e) (meaning any property occupied or used for a purpose connected with the conduct of a government school or non- government school under the Education Act 1990, other than any property used for a residence or the curtilage of a residence).
(f) (meaning any property occupied or used for a purpose connected with the conduct of an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, other than any property used for a residence or the curtilage of a residence).
(g) (meaning a shopping arcade or shopping complex, including any part of it that is used by the public for parking or access to shops, in which or part of which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited there). This paragraph does not apply to any shop or part of a shop.
(h) (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).

(2) If a dog is in a place in which dogs are prohibited under this section:
(a) the owner of the dog, or
(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time–that other person, is guilty of an offence. Maximum penalty:
(a) 10 penalty units except in the case of a dangerous or restricted dog, or
(b) 100 penalty units in the case of a dangerous or restricted dog.

(3) Any person (including an authorised officer) can seize a dog that is in a place in which dogs are prohibited under this section. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the owner fails to remove the dog from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog. Removing the dog prevents the dog being impounded but it does not excuse the contravention and does not stop action being taken for the contravention.

(4) A dog is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway).

(5) A dog is not prohibited under this section in a school ground or child care centre if it is there with the permission of the person controlling the school ground or child care centre.

(6) A dog is not prohibited under this section in a place within a shopping area if it is there:
(a) in a vehicle that is secured in such a way as to prevent the dog from escaping from it, or
(b) with the permission of the person controlling the place, or
(c) for the purpose of being taken to or from a pet shop, the premises of a veterinary practitioner or a similar establishment.

(7) A local authority is authorised to make the orders contemplated by this section.

(8) This section does not apply to the following dogs:
(a) a police dog,
(b) a dog that is an assistance animal being used bona fide by a person with a disability to assist the person,
(c) a corrective services dog.

However, the above section should be read in conjunction with section 14A which states:

14A Dogs not prohibited in outdoor dining areas in certain circumstances

(1) The relevant legal restrictions do not prohibit a dog (other than a dangerous or restricted dog) from being in an outdoor dining area if:
(a) the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and
(b) the person does not feed the dog or permit the dog to be fed, and
(c) the dog is kept on the ground.

(2) However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area:
(a) it is not necessary for the dog to be restrained by means of a chain, cord or leash, and
(b) the dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, and
(c) the dog can sit on a person’s lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans.

(3) This section does not confer any entitlement on a person accompanied by a dog to use any table and chairs or other apparatus provided in an outdoor dining area by a food business (within the meaning of the Food Act 2003) without the permission of the operator of the food business.

(4) The “relevant legal restrictions” are:
(a) section 14 (1) (b), and
(b) the Food Act 2003 and the Food Standards Code (within the meaning of that Act).

(5) An “outdoor dining area” is an area that:
(a) is used for the consumption of food by humans, and
(b) is not enclosed, and
(c) can be entered by the public without passing through an enclosed area in which dogs are prohibited by this Act or the other relevant legal restrictions,
but does not include any part of an area that is used for the preparation of food.

(6) An area is enclosed if, except for doorways and passageways, the area is substantially or completely enclosed, whether permanently or temporarily, by:
(a) a ceiling or roof, and
(b) walls or windows (or both).