DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
DERWENT VALLEY COUNCIL
DOG MANAGEMENT POLICY
DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                             DOG MANAGEMENT POLICY
                                       Approved By:           Council                                         Document Code:              DVC-POL-024
                                      Doc Controller:         General Manager                                          Version:           003
                                                File:         126, 523                                         Approved Date:             19/01/2017
                                                                                                             Next Review Date:            19/01/2021

CONTENTS
1.    PURPOSE ................................................................................................................................................ 2
2.    SCOPE ..................................................................................................................................................... 2
3.    LEGISLATION ........................................................................................................................................... 2
4.    DEFINITIONS ........................................................................................................................................... 2
5.    POLICY PROVISIONS ................................................................................................................................ 4
           CODE OF RESPONSIBLE DOG OWNERSHIP ..............................................................................................................4
           FEE STRUCTURE ................................................................................................................................................5
           SETTING AND PAYMENT OF FEES ..........................................................................................................................5
           DOG REGISTRATION ...........................................................................................................................................6
      5.4.1 Registration Categories............................................................................................................................6
      5.4.2 Applications for registration made after 31 December ...........................................................................6
      5.4.3 Registrations & Microchipping ................................................................................................................6
           KENNEL LICENCE ...............................................................................................................................................7
           COMMUNICATION .............................................................................................................................................8
      5.6.1 Advertising & Consulting..........................................................................................................................8
      5.6.2 Education .................................................................................................................................................8
           CONTROL OF DOGS ...........................................................................................................................................8
           COMPLAINTS ....................................................................................................................................................9
      5.8.1 Nuisance (Barking and howling) ..............................................................................................................9
      5.8.2 Dog at large and Dogs chasing vehicles...................................................................................................9
      5.8.3 Dog attack on a person or animal............................................................................................................9
           SEIZURE OF DOGS..............................................................................................................................................9
           ENFORCEMENT ...............................................................................................................................................10
      5.10.1     Infringement Notices .........................................................................................................................10
      5.10.2     Infringement Process .........................................................................................................................11
           GUARD DOG (NON-RESIDENTIAL).......................................................................................................................11
           DANGEROUS DOGS..........................................................................................................................................11
           AFTER HOURS SERVICE PROVISION .....................................................................................................................11
           DECLARED AREAS ............................................................................................................................................12
      5.14.1     Exercise Areas (Off-lead dog area) ....................................................................................................12
      5.14.2     Training Areas (Off-lead dog area) ....................................................................................................12
      5.14.3     Restricted Areas .................................................................................................................................13
      5.14.4     Prohibited Public Areas (No go zones) ...............................................................................................13
      5.14.5     Prohibited Areas (No go zones) .........................................................................................................14
6.    RELATED DOCUMENTS .......................................................................................................................... 14
7.    APPENDIX ............................................................................................................................................. 16

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

        1. PURPOSE
The Council is committed to promoting responsible dog ownership. Dog ownership has many important
benefits to the community through companionship, health promotion, general well-being as well as their
use as working dogs. All dog owners have a legal and ethical responsibility to their dogs and to the wider
community as irresponsible dog ownership can affect the physical and social environment of other
residents.
The Derwent Valley Council, Dog Management policy is provided to assist dog owners in minimising
negative impacts on the community.
In accordance with the Dog Control Act 2000 (DCA 2000) this policy will be reviewed at least once every
five (5) years.

        2. SCOPE
This policy will outline the Councils’ approach and responsibilities for dog management and control. It also
provides information on responsible dog ownership, identifies areas within the municipality which are
available for exercising dogs and which areas for dogs are restricted or prohibited.

        3. LEGISLATION
Crown Lands Act 1976
Dog Control Act 2000
Guide Dogs and Hearing Dogs Act 1967
Local Government Act 1993
Monetary Penalties Enforcement Act 2005
Nature Conservation Act 2002
National Parks and Reserves Management Act 2002
Police Offences Act 1935
Veterinary Surgeons Act 1987

        4. DEFINITIONS
The below terms are referenced in the DCA 2000 and are included to assist in the interpretation
of this policy.
Term                            Definition
At large                        at large as referred to in section 5 of the DCA 2000
Attack                          includes bite, menace or harass
Authorised Person               (a) a police officer; or
                                (b) a General Manager; or
                                (c) a person appointed by a General Manager to be an Authorised Person; or
                                (d) a person who is a ranger under the Nature Conservation Act 2002; or
                                (e) a person who is a ranger under the National Parks and Reserves Management
                                Act 2002; or

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

Term                            Definition
                                (f) a person appointed as a bailiff of Crown lands under the Crown Lands Act 1976
Breeding dog                    a pure bred dog used for breeding purposes, the owner of which has a registered
                                stud with the Tasmanian Canine Association (TCA)
Built-up area                   an area in which-
                                (a) there are buildings on land next to the road; and
                                (b) there is street lighting at intervals not over 100 metres for a distance of at
                                least 500 metres or, if the road is shorter than 500 metres, for the whole road
Collar                          a collar of leather or other durable material
Complaint                       a complaint referred to in section 47 of the DCA 2000
Dangerous dog                   a dog declared to be a dangerous dog under section 29 or 30 of the DCA 2000
Declared area                   a declared area under Division 2 of Part 3 of the DCA 2000
Desexed dog                     a dog rendered permanently incapable of reproduction
Dog Control Act 2000            the principal legislation relating to the control of dogs in Tasmania
Effective control               effective control as referred to in section 4 of the DCA 2000
Exercise area                   to an area declared under section 20 of the DCA 2000
Guide dog                       (a) a guide dog as defined by the Guide Dogs and Hearing Dogs Act 1967; or
                                (b) a dog training to be a guide dog
Hearing dog                     (a) a hearing dog as defined by the Guide Dogs and Hearing Dogs Act 1967; or
                                (b) a dog training to be a hearing dog
Hunting dog                     a dog used principally for hunting
Infringement Notice             a notice referred to in Division 2 of Part 4 of the DCA 2000
Lead                            a lead, leash, cord or chain of sufficient strength to restrain a dog
Kennel Licence                  a licence to keep on premises –
                                (a) more than 2 dogs over the age of 6 months; or
                                (b) more than 4 working dogs over the age of 6 months
Owner of a dog                  a person referred to in section 6 of the DCA 2000
Pensioner                       a person in receipt of a Federal Pension as defined in the Local Government Act
                                1993
Pound                           a pound established under the Local Government Act 1993
Premises                        includes land or any part of any premises or land
Prohibited area                 an area declared under section 22 of the DCA 2000
Public Notice                   a notice published in the daily newspaper
Public place                    (a) a public place as defined in the Police Offences Act 1935; and
                                (b) a road; and
                                (c) a road-related area
Registered dog                  a dog registered in accordance with the DCA 2000
Registration disc               a disc or tag referred to in section 10(1) of the DCA 2000
Restricted area                 an area declared under section 23 of the DCA 2000
Restricted breed dog            a dog declared to be a restricted breed dog under section 29A of the DCA 200
Training area                   an area declared under section 21 of the DCA 2000
Veterinary Surgeon              a person registered as a veterinary surgeon under the Veterinary Surgeons Act
                                1987

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

Term                            Definition
Working dog                     a dog used principally for –
                                (a) droving or tending stock; or
                                (b) detecting illegal substances; or
                                (c) searching, tracking or rescuing; or
                                (d) working with police officers.

        5. POLICY PROVISIONS

     Code of Responsible Dog Ownership
Responsible dog ownership requires that a dog owner or the person responsible for a dog must accept
full responsibility for meeting all the needs of a dog and for ensuring the dog does not become a threat
or nuisance to the safety or welfare of any other person or animal.
The following Code of Responsible Dog Ownership is provided to assist dog owners in enjoying the
benefits of dog ownership, while reducing negative impacts on the community. Responsible dog
ownership under the DCA 2000 requires:
    that certain breeds be restricted and require specific additional control and management
        measures must be applied. The following are restricted breeds;
            - dogo Argentino;
            - fila Brasileiro;
            - Japanese tosa;
            - American pit bull terrier or pit bull terrier;
            - Perro de Presa Canario or Presa Canario;
            - any other breed, kind or description of dog whose importation into Australia is prohibited
                 by or under the Customs Act 1901.
    registration of a dog with the Council when it reaches six (6) months of age, and renewing the
        registration annually. The Council must be informed of any change in ownership or address of the
        dog, and of the loss or the death of a dog;
    microchipping a dog before it reaches six (6) months of age;
    obtaining a kennel licence if more than two (2) dogs or more than four (4) working dogs are kept
        on a property;
    ensuring that a dog is wearing a collar and registration disc in a public place;
    keeping a dog under effective control at all times. The premises where a dog lives must be
        adequately fenced or an enclosure provided to prevent the dog from wandering onto other
        property, a road, or any other public or private place. A dog must be on a lead and in the care of
        a responsible person when on any road or footpath or in a Council Reserve. A dog must respond
        immediately to commands when in a declared off-lead dog exercise area. Particular requirements
        apply for guard dogs, and any dog declared to be a dangerous dog;
    ensuring a dog is not in a place that is prohibited, including in a school or playground;
    Cleaning up any mess, including faeces, caused by a dog in a public place;
    ensuring a dog does not create a nuisance to any person by persistent or loud barking or by
        behaving in a manner that causes inconvenience or interference to another person’s peace,

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

          comfort or enjoyment of any place or premises, including chasing any person, animal, car or
          bicycle;
         ensuring a dog is not allowed, encouraged or provoked to threaten, attack, harass, endanger or
          otherwise cause apprehension or distress to any person or to any agricultural, domestic or native
          animal when in a public place or to any person having business on your property;
         acknowledging that the Derwent Valley Council has authority to require compliance to the
          standards and regulations for responsible dog ownership, and that the Council may be required
          to take action against an owner or a dog under the DCA 2000 for any breach of a regulatory
          requirement. The Council will seize and detain a dog if it has threatened or caused harm to others;
         complying with the requirements of the DCA 2000 and with any declaration or direction of an
          Authorised Person with respect to a dog; and
         complying with any other legislative requirement relating to the care or treatment of an animal
          and to the protection of the safety and convenience of the community, including the Animal
          Welfare Act 1993.
Additionally, responsible ownership requires:
    providing a dog with proper health care and attention, sufficient exercise, appropriate training,
        and with adequate food, water and shelter.
    recognising that not all people like or feel comfortable with dogs and that such people have a
        right not to feel threatened or inconvenienced by a dog.

     Fee Structure
All fees payable under the DCA 2000 will be determined by the Council. The schedule of fees will be set
annually and will be in line with the financial year (i.e. 1 July to 30 June). Fees subject to this section
include:
         Registration fee
         Formal Notice of Complaint
         Kennel Licence application and renewal
         Impounding maintenance fee
         Replacement tag fee
In addition to setting a schedule of fees, the Council will also determine the categories of dog registration,
discounted registration fees and the required evidence in order to claim a discounted registration fee.

     Setting and Payment of Fees
Fees are set by the Council prior to the end of May each year. Fees not paid by 31 July each year will incur
penalties.
The Council advises current dog owners of the fees at the commencement of the financial year and
provides a period of approximately 8 weeks (to the 31 July each year) for prompt registration. During this
time a discount rate applies to the fees for each relevant registration category. Higher fees apply following
31 July each year.

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

     Dog Registration
Under Section 9 of the DCA 2000 an owner of a dog is required to apply to the Council in which the owner
resides to register a dog or in the case of a guard dog the premises where the guard dog is situated. The
application is required to be on an approved form and be accompanied by the appropriate fee.

5.4.1 Registration Categories
A dog is to be registered in one of the categories below. It is necessary for the owner to provide evidence
that the dog fits the category.
     1) Desexed Domestic Dog
     2) Entire Domestic Dog
     3) Working Dog (used principally for droving or tending stock, detecting illegal substances, searching,
        tracking, rescuing or working with police officers)
     4) Hunting Dog (principally for hunting)
     5) Registered Breeding Dog (TCA registered & dog owner holding current membership of the TCA)
     6) Greyhounds (registration certificate of the Office of Racing Integrity - Greyhounds.)
     7) Special Assistance Dog (Guide Dog/Hearing Dog)
     8) Declared Dangerous Dog
These categories are further defined in section 4.
Pensioners - The standard registration fee eligibility is for one dog only per household and on production
of a Commonwealth Pensioner Concession Card or Repatriation Health Card. Any additional dog kept by
the card holder is at the applicable rate.

5.4.2 Applications for registration made after 31 December
Where an application is made to register a new dog after the 31 December a reduced fee by 50% is to be
applied to the registration fee, provided the dog is registered within four (4) weeks of purchase and the
registration application is voluntary.

5.4.3 Registrations & Microchipping
All dogs must be registered at the age of six (6) months. This must be done by the end of the month in
which the dog turns of age. An application for registration is required to be completed and submitted to
the Council. The registration year is from 1 July to 30 June the following year.
The Council will issue registration renewal notices to all owners of dogs currently known to the Council,
each year. In addition, public advertisements will be published in the newspaper and details posted on
the Council website.
The greatest benefit for dog owners to have their dogs registered and microchipped is the rapid
identification of the animal. If, for whatever reason the dog escapes and is wearing a collar with a current
registration tag and implanted with a microchip, it can be quickly reunited with its owner.

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

The owner of a dog that is wearing a current registration tag will be advised by the Council of its
whereabouts should the dog be reported to or impounded by Council Officers. Attempts to reunite the
dog with its owner may be in preference to impounding the dog, pursuant to the standard operating
procedures of the Council’s Municipal Inspector.
All dogs must be microchipped at the age of six (6) months. This must be done in an approved manner
with an approved microchip, and the person who implants the microchip must enter the prescribed details
in an approved database.
Exemption for working dogs - for section 15A(2)(b) of the DCA 2000 working dogs are declared as a class
of dog that is not required to be implanted with an approved microchip.
An approved hunting dog means a hunting dog that, immediately before 1 July 2011, has been tattooed
by an approved organisation with a tattoo that identifies the dog as being a part of that organisation. For
section 15A(2)(b) of the DCA 2000 an approved hunting dog is declared as a type of dog that is not required
to be implanted with an approved microchip under.

     Kennel Licence
The DCA 2000 provides that a Kennel Licence is necessary if more than two (2) dogs over the age of six (6)
months are to be kept at a property; in the case of working dogs this is higher at four (4) dogs.
The application is to be on the approved form and accompanied by the appropriate fee. The applicant
must advertise by Public Notice their intent to apply for a licence including the address, the number and
breed of dogs to which the application relates. The advertisement must also call for any objections to the
granting of the licence. The applicant must agree to have site notices attached to all public frontages of
the property where the kennels are to be situated.
Persons residing or owning land within 200 metres of the boundary of the premises which the application
relates may object to the granting of a licence. Any objection is to be made within 14 days of the Public
Notice being published and is to be in writing to the General Manager setting out the reasons for the
objection.
The Council will not consider a Kennel Licence application until 28 days after the publication of the Public
Notice, and all objections will be considered.
A property inspection will be carried out to ensure that kennel requirements are complied with and that
adequate provisions for the health, welfare and control of the dogs on the premises are provided.
If granted the period of the licence will expire on 30 June following the date of granting the licence and is
renewable on payment of the appropriate annual fee.
Council’s assessment of a Kennel Licence will include consideration of issues such as zoning of the land
including any adjacent residential styled zoned properties and location of residential zoned buildings, local
amenity, environmental health issues and animal welfare.
A Kennel Licence will not be granted if the premises to which the licence relates is unfit for the purpose
for which it is to be used; if it is not in the public interest or it is not compatible with the principles of the
Code of Responsible Dog Ownership.

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

In the event of extenuating circumstances a short term exemptions may be issued for a Kennel Licence to
be granted in residential styled zoned premises. This would be at the discretion of the General Manager
and apply for a set period only.
The General Manager may cancel a licence if satisfied that:

         the provisions of the DCA 2000 or other relevant Act is not complied with
         conditions of the licence are not being complied with
         the situation or conditions of the premises is creating a nuisance
         it is in the public interest that the licence be cancelled.

     Communication

5.6.1 Advertising & Consulting
For the purpose of ensuring an informed community in regard to issues relating to dog management, the
Council will advertise any intention or decision that may have significant impact on the community. Where
appropriate a process of consultation will ensue from the date of advertising and submissions from
members of the community will be considered. Advertising will be by means of the local newspaper
circulating throughout the Derwent Valley area and via the Council website. Some examples of where
advertising may occur are:
         Annual registration fees
         Other relevant fees
         Incorporating or revoking a declared area
         Review of this Policy.

5.6.2 Education
Dog ownership can impact on all members of the community. The Council recognises it is important to
provide information and education regarding responsible dog ownership to all sectors of the community.
Mechanisms that can be used to provide education to all members of the community include:
         Brochures on responsible dog management
         Raising community awareness by media advertising
         Referring to statutory bodies and associated professionals
The Council may also provide up to date information on the DCA 2000 and related prohibited/restricted
areas with the mail-out of the registration notices each year.

     Control of Dogs
The Council is committed to providing a caring and safe community. To achieve this, the Council will
enforce the DCA 2000. A person who owns or has charge of a dog must ensure that the dog remains under
effective control and does not cause a nuisance.

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DERWENT VALLEY COUNCIL - DOG MANAGEMENT POLICY
COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

     Complaints
The Council recognises the right of community members to seek assistance in dealing with nuisances
created by dogs. This is best achieved by open communication between Council Officers, the complainant,
and the dog owner/s.
The Councils’ Municipal Inspector will not respond to complaints made anonymously. The Council
maintains the right to ask the complainants name, address, and telephone number. This information is
strictly confidential. The Councils’ Municipal Inspector will not deal with complaints of a frivolous or
vexatious nature.

5.8.1 Nuisance (Barking and howling)
Barking dogs can be a difficult issue to rectify as every situation is different. Residents are encouraged to
attempt to resolve these matters by directly dealing with the owner before making contact with the
Council. If this is not possible or the problem persists then the complainant should contact the Council.
The Councils’ Municipal Inspector will visit the property in question to discuss with the owner their dog’s
behaviour and make suggestions as to how the owners can resolve the issue.
If the issue persists then the Council requires the complainant to complete an official complaint form,
animal log form and accompanying fee before the Councils’ Municipal Inspector can investigate and where
appropriate take action to reduce the nuisance behaviour. If the issue continues then the Council may
issue an Abatement Notice and/or infringements.
This type of complaint can take time to resolve as what works for one situation may not work for another.

5.8.2 Dog at large and Dogs chasing vehicles
Any dog that wanders off its own property without being under the control of a person, even in front of
its own house, is contravening the DCA 2000. This is referred to under the Act as being ‘at large’. This is
an offence and the dog can be impounded. If a dog is found ‘at large’, or is causing a nuisance by chasing
cars, a member of the public can contact the Council and report it to Council’s Customer Service Officers,
these details are then passed onto the Municipal Inspector.

5.8.3 Dog attack on a person or animal
If a dog attacks a person or animal whether it causes injury or not, it is an offence under the DCA 2000.
Witnesses to the attack are encouraged to call Council’s Customer Service Officers giving a brief
description of the dog/s, the complaint and their contact details as soon as possible. In these
circumstances an investigation will be undertaken. Complainants will be required to file a Statutory
Declaration including such information as veterinary reports, medical reports, photos and any other
relevant information.

     Seizure of Dogs
Patrols of the Derwent Valley area will be undertaken by the Councils’ Municipal Inspector to ensure
compliance with provisions of the DCA 2000.

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

Pursuant to the DCA 2000 Authorised Officers have the power to seize and impound any dog:

         that is at large;
         that has attacked or chased any person or animal; or
         that there is reason to believe may attack or chase any person or animal.
Impounded dogs that are registered and microchipped will be held for a period of five (5) working days
before any further action. Dogs that are not registered will be kept for a minimum period of three (3)
working days. Prior to the release of a dog the owner must ensure that any penalties are paid to the
Council.
During the respective period of impoundment, the nature of a dog will be observed and assessed by the
Councils’ Municipal Inspector for nuisance and/or aggressive behaviour.
Where a dog has not displayed nuisance and/or aggressive behaviour the Council works with appropriate
authorities to make suitable unclaimed dogs available for adoption following a reasonable period of
detention within the Council’s Pound.
Should a facility be unable to be obtained for the adoption within a reasonable period of detention, or the
dog has been observed to display nuisance and/or aggressive behaviour, unclaimed dogs shall be
euthanised by a local veterinary surgeon. Veterinary surgeons requested to euthanise unclaimed dogs are
given an opportunity to undertake their own assessment and claim the dog and take responsibility for re-
homing.

          Enforcement
The DCA 2000 provides several powers to the Council to control dogs and enforce the requirements of
the Act. The use of enforcement mechanisms allows the Council to effectively carry out its obligations, to
protect the community and offer a sufficient deterrent against non-compliance with the law.

5.10.1 Infringement Notices
The DCA 2000 empowers Authorised Officers to issue Infringement Notices that impose an "on-the-spot"
fine on the recipient. Infringement Notices can only be issued for particular offences (called infringement
offences). These fines are set under the DCA 2000 and once issued, the recipient has 28 days to settle.
After this period the infringement is lodged with the Monetary Penalty Enforcement Service.
The use of Infringement Notices is considered a more efficient method of enforcement and allows the
Council to effectively fulfil its objectives under this policy.
Where an Authorised Officer considers that an infringement offence has occurred, the Authorised Officer
may choose to issue the offender with an official Caution Notice in the first instance and an Infringement
Notice in all subsequent situations.
There are some infringement offences that are considered to be more serious or intentional. In these
situations, caution notices will not be issued.

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

5.10.2 Infringement Process
Infringement Notices for breaches of the provisions of the DCA 2000 are issued in compliance with the
requirements of the Monetary Penalties Enforcement Act 2005.

          Guard Dog (Non-residential)
The owner of a dog, which is used to protect non-residential property, must notify the Council that they
have a guard dog. The General Manager or their delegate will declare that dog to be a dangerous dog
while it is working. The owner must comply with all conditions relating to a guard dog as prescribed by
the DCA 2000.

          Dangerous Dogs
To reduce the risk to the community, the Council will as a matter of urgency investigate and act upon all
incidents and allegations of injury and/or harassment caused by dogs. Should such an incident result in a
serious injury, the dog may be declared a Dangerous Dog, or may be destroyed.
All guard dogs and dogs of a restricted breed (as defined in the Act) are declared to be a Dangerous Dog.
Where a dog is declared as a Dangerous Dog pursuant to the DCA 2000, the Council will monitor the
property where the dog is housed to ensure the property and the owner comply with relevant provisions
of the Act.
Dangerous dogs must be desexed, microchipped, and must wear an approved advisory collar at all times.
When in a public place the dog must be muzzled and on a lead, even when in an off-lead area. When not
in a public place the dog (other than a guard dog) must be housed in an enclosure that complies with the
prescribed requirements. Approved warning signs must be displayed at every entrance to the property.

          After Hours Service Provision
Dog management services are provided by the Council during business hours. The Council also provides
an after hours service through a third party service provider, who has information and responses provided
by the Council for particular circumstances. The third party service provider provides a reception function
on behalf of the Council and is not accountable for the collection of animals. Situations that the third party
service provider receives calls from the public includes; dog attacks, livestock posing a traffic hazard and
sick or injured animals. It is Councils afterhours policy to advise the below actions.

                     Situation                                                  Action
 Dog attack on a person                     Third Party service provider to direct caller to contact
                                            Tasmania Police
 Livestock that are posing a traffic hazard Third Party service provider to direct caller to contact
                                            Tasmania Police
 Sick or injured animals                    Refer the caller to the RSPCA or veterinarian practice
 Dog attack on animal                       Third party service provider to notify Council Officer on call
 Dog at large (stray)                       Third Party service provider to advise the caller that if the
                                            stray can be secured it may be taken to the Dogs Home’

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                       Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                        Version:   003
                                          File:   126, 523                       Approved Date:     19/01/2017
                                                                               Next Review Date:    19/01/2021

                     Situation                                                   Action
                                                       alternative the Councils’ Municipal inspector can be notified
                                                       for follow up during business hours.
 General animal management                             Third Party service provider is to provide general notes to
                                                       the appropriate Council Officer for follow up during
                                                       business hours.

          Declared Areas
The Council under the provisions of the DCA 2000 has declared certain locations where dogs may be
exercised, subject to conditions. The DCA 2000 defines specific classes of declared areas including:

         Exercise Areas (off-lead)
         Training Areas (off-lead)
         Restricted Areas (limited)
         Prohibited Areas (no go zone)
All declared Exercise, Training, Restricted and Prohibited Areas will be identified by appropriate signage.
Where a public area is undeclared, dogs are permitted on lead only and must be under effective control.

5.14.1 Exercise Areas (Off-lead dog area)
A dog in these areas is permitted off-lead by the Council, subject to specific conditions.
         Henry Crescent Reserve
         Warner Avenue Reserve
         Humphrey Street Reserve, Lachlan River Walkway and the Bicentennial Walkway
         Turriff Lodge Amphitheatre
         The Esplanade
         The Wetlands – From the bridge near the settling ponds to the boundary of the Derwent Cliff
          State Reserve
Conditions:
     1. Dogs can be off-lead in this area 24 hours a day 7 days a week; and
     2. When off-lead must be under effective control at all times; and
     3. No Go Zones within ten (10) metres of a children’s playground.

5.14.2 Training Areas (Off-lead dog area)
A dog in this area is regarded as being under effective control of a person if they are actively engaged in
training or agility or obedience trials.
This area is utilised by recognised obedience clubs, for formal obedience classes is designated as an off-
lead training area.
         The Esplanade

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

Conditions:
     1. Dogs can be off-lead in this area 24 hours a day 7 days a week; and
     2. When off-lead must be under effective control at all times; and
     3. No Go Zones within ten (10) metres of a children’s playground.

5.14.3 Restricted Areas
The DCA 2000 enables the Council to declare an area where dogs; other than guide dogs or assistance
dogs, can only enter at certain times of the day, specific seasons or unless on a lead.
Derwent Valley Council has declared the below as restricted areas.
         Boyer Oval (non-oval) area
Dogs may be off-lead in this area during the restricted times only and must be under effective control at
all times.
Conditions:
     1. The area is limited to Monday to Friday only; and
     2. Dogs are not permitted on the playing surface at any time; and
     3. Dogs must be under effective control at all times.

         Molesworth Recreation Ground
Dogs may be off-lead in this area during the restricted times only and must be under effective control at
all times.
Conditions:
     1.   The area is limited to Dawn to Dusk; and
     2.   Dogs are not permitted on the playing surface at any time; and
     3.   Dogs must be under effective control at all times; and
     4.   No Go Zones within ten (10) metres of a children’s playground

         Tynwald Park - Walking Track
Dogs are allowed on the walking track on a lead only. Dogs are not permitted on the grassed areas
within the park.
     1.   No Go Zones on any playing surface at any time
     2.   No Go Zones within 2 metres of a playing surface
     3.   No Go Zones within 2 metres of a BBQ
     4.   No Go Zones within 10 metres of a Children’s playground

5.14.4 Prohibited Public Areas (No go zones)
The DCA 2000 specifies certain areas and also enables the Council to declare additional areas where a
person must not take a dog other than a guide dog, hearing or assistance dog, these are:

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

As per the DCA 2000.

         Any grounds of a school, preschool, kindergarten, crèche, or any other place of the reception of
          children without permission of a person in charge of the place.
         Any shopping centre or any shop other than a pet shop, veterinary clinic, pet grooming shop or
          other premises related to the care and management of dogs.
         The grounds of a public swimming pool.
         Any playing area of a sports’ ground on which sport is being played.
         Any area within 10 metres of a children’s playground.
The following areas are classed as Prohibited Public Places in relation to dogs (Section 28 DCA 2000):
         The Granton Recreation Area
         Tynwald Park (excluding the walking track)
         The grounds of all public swimming pools
         Within ten (10) metres of a children’s playground
         Playing surfaces at any time
         Within two (2) metres of a playing surface
         Within two (2) metres of a BBQ
Council resolved at the Council meeting held 19 January 2017 that dogs are not permitted (with the
exception of guide dogs and registered assistance dogs) at any public event/festival held on Council
maintained land within the Derwent Valley unless there is a resolution of Council prior to the event.

5.14.5 Prohibited Areas (No go zones)
An area containing sensitive habitat for native wildlife may be declared as prohibited to dogs, other than
a guide dog, hearing or assistance dog.
With the exception of guide dogs, hearing or assistance dogs, the following areas are declared as areas
prohibited to dogs as they provide sensitive habitats for wildlife;
         All State Reserves
         Conservation Areas
         Regional reserves
         Historic sites
         National Parks

         6. RELATED DOCUMENTS
DVC-PRO-043 Dog Management Procedure
DVC-PRO-043.1 Dog Registration Form
DVC-PRO-043.2 Animal Log Form
DVC-PRO-043.3 Animal Management Complaint Form
DVC-PRO-043.4A Dog Attack Checklist
DVC-PRO-043.4 Dog Attack Complaint Form
DVC-PRO-043.5 Dog Attack Officer Report Form

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

DVC-PRO-043.6 Impound Form
DVC-PRO-043.7 Pound Release Form
DVC-PRO-043.8 Kennel Licence Application
DVC-PRO-043.9 Kennel Licence Application – Renewal
DVC-PRO-043.10 Kennel Licence Property Inspection
DVC-FOR-082 Application for payment arrangement
DVC-FOR-083 Application for withdrawal
DVC-FOR-081 Notice to elect a court hearing
Penalty matrix
Caution Letter
Infringement Notice

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

        7. Appendix
These maps are provided to assist with the understanding of areas and are to be read in conjunction
with section 5.14.

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

                                      THIS DOCUMENT BECOMES UNCONTROLLED ONCE PRINTED
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COUNCIL POLICY

                         DOG MANAGEMENT POLICY
                                 Approved By:     Council                     Document Code:      DVC-POL-024
                                Doc Controller:   General Manager                      Version:   003
                                          File:   126, 523                     Approved Date:     19/01/2017
                                                                             Next Review Date:    19/01/2021

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