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12.2
Cork City Council -
REPORT OF CONTROL OF DOGS ACT SUB-COMMITTEE
The
Committee considered the report of the Control of Dogs Act Sub-Committee, which was established
by the Environment Committee to examine the operation of the Control of
Dogs Act 1986 within Cork City Council administrative area. I am a member of this
Subcommittee.
The
Sub-Committee made the following recommendations:-
The premises of the Cork Society for the Prevention of Cruelty to Animals are not suitable for
the accommodation of so many stray dogs. The Society has undertaken to engage in an extensive
renovation of the premises. The question of whether the central location of the Animals Home
might be better located on the outskirts of the city was discussed but the Society has
expressed an interest in remaining where they are. The premises of the Cork Society for the
Prevention of Cruelty to Animals are not suitable for the accommodation of so many stray dogs.
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The City Veterinary Officer will have the right to engage in
periodic spot checks of the facilities at the Animal Home. This right has not previously
existed and has been agreed to by the CSPCA.
- The group agreed that Cork City Council should lobby the Department for
the Environment and Local Government on the CSPCA becoming agents for the sale and registration
of Dog Licences. At present this can only be obtained through post offices.
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The group also agreed to recommend to the City Council that the night rate for
detaining of stray dogs be increased.
- On the question of the Dog Warden position and the acting as agents for
the City Council on the Control of Dogs Act, the group recommended that the contract be placed
on a formal basis, be subject to review, and be tendered for by whatever interested parties, on
a regular basis.
DOGS & OTHER DOMESTIC PETS
This fact sheet is general information only.
What law applies?
Most councils have local laws that deal with animals in their local areas.
The
Control of Dogs Act
For those interested, there is also a Victorian law that covers dogs and cats. This is called the
Domestic (Feral and Nuisance) Animals Act.
Using the Council
Always approach the Council if you want to complain about an animal in a
residential area. Ask the Council authorised officer if the problem is dealt with by the local
laws, and what they can do. There are fines that can be imposed under the
Domestic (Feral and Nuisance) Animals Act. For example:
- fines can be imposed for dog attacks;
- a court can order a Council Officer to destroy a dangerous dog;
- a fine can be imposed on the owner of a dog that causes a nuisance (like
barking persistently);
- a fine can be imposed on the owner if a dog is unattended outside the
owner's property.
If you're not happy with what the Council do, and you are prepared to take it
further, it is worth seeing a lawyer to discuss your options. For instance, it
is sometimes possible to:
- get a type of injunction in the Magistrates' Court;
- claim compensation in the Magistrates' Court.
Uncontrolled dogs
It is an offence for a dog to be outside the owner's premises and not under
control. An owner includes a person who is temporarily looking after the dog.
The Council can be called to collect the dog and place it in the pound.
What about dog attacks?
It is an offence if a dog rushes at, attacks, bites, worries or chases anyone
in the neighbourhood.
The owner (not the dog!) is guilty of the offence, and is also liable for any
damage caused by the dog. This covers any injury to a person caused by a dog
attack.
If you're attacked by a dog, immediately contact the police.
Also consider getting
legal advice about your rights to compensation.
Barking dogs
Contact the local Council if a neighbourhood dog is barking constantly.
The owner can be liable to a fine.
It may also be possible to take action on the basis that there is a noise
problem, in the same way as any
noise problem can be dealt
with.
| Read this: This fact sheet is intended to be
general information about the law in Victoria. It is not substitute for
legal or other professional advice. Lawscape Communications P/L does not
accept responsibility for loss to any person, who either acts or does not
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