Rights and Responsibilities as a Dog Owner

As the owner or person in charge of a dog, you have certain responsibilities and legal requirements. These include:

• registering a dog that is over the age of six months and microchipping it
• keeping your dog on a lead when you are walking on a road or footpath in a city or town
• ensuring that the dog does not roam and that it is under your effective control
• restricting your dog from rushing at, or chasing a moving vehicle or bicycle whilst in a public place
• making sure that a bitch on heat is confined away from public places
• cleaning up after your dog

Under the Dog Control Act 2000 the owner or person in charge of a dog, other than a guide dog or hearing dog, must ensure that the dog is wearing a collar whilst in public.

The dog's current registration tag should be attached to the collar. It is an offence for anyone, without a good reason, to unfasten the collar. (See Schedule 1 - Offences of the Dog Control Regulations 2010) - please note that one penalty unit equals $130.00

This provision does not apply to dogs engaged in:

• working
• hunting
• racing
• showing
• obedience or agility trials
• training for any of the above activities

The Dog Control Act 2000 provisions for dogs which are, and which are not on a lead, whilst in a public place.

If a dog is off a lead and in a public place, then the dog is still said to be under effective control if the following applies:

• the dog is in close proximity to the person
• the dog is in sight of the person
• the person handling the dog can demonstrate satisfactorily to an authorised person that the dog will immediately respond to their commands

To be under effective control on a road or footpath in a city or town a dog must be on a lead.

If the dog is on a lead, it is said to be under effective control only if the lead is less than two metres long, and if the person is of a sufficient age and strength to control the dog.

If a dog is tethered to a stationary object, it must be by a lead which is less than two metres long, and for a period not exceeding 30 minutes.

The Dog Control Act 2000 provides for a council to set aside for the exercising of dogs, subject to any specified conditions. (See Schedule 1 - Offences of the Dog Control Regulations 2010) - please note that one penalty unit equals $130.00

There are four declared off-lead exercise areas in the Northern Midlands namely:-

Evandale

• Saddlers Park Reserve
• Rotary Park (off Leighlands Road) in the east of the car park towards the bridge

Longford

• the section of land at the river end of Union Street, north of the boat ramp and excluding the pedestrian walkway and Mill Dam.

Cressy

• the old Stock Route off Murfett Street

Perth

• the section of land between Arthur Street and Mulgrave Street, adjacent to the railway line

As well as earmarking areas for exercising dogs, The Dog Control Act 2000 enables councils to declare areas where dogs are not allowed. These can include areas of sensitive habitat for native wildlife. This does not apply to guide dogs or hearing dogs, which are still allowed access.

Council may declare an area to be one where dogs are restricted from entering:

• during specified hours, days or seasons
• during specified hours, days or seasons, unless they are on a lead

There are other public places where dogs are prohibited. These include:

• any grounds of a school, preschool, kindergarten, creche or other place where children assemble, without the permission of the person in charge of that place
• shopping centres and other shops
• the grounds of a public swimming pool
• any playing area of a sports ground on which sport is being played
• within 10 metres of a children's playground

This does not apply to:

• a guide dog that is accompanying a wholly or partially blind person, or is in training for that purpose
• a hearing dog that is accompanying a wholly or partially deaf person or is in training for that purpose
• a pet shop
• the premises of a veterinary surgeon
• a pet-grooming shop
• any other premises related to the care and management of dogs

When exercising your dog in a public place you are always required to clean up after them. Dog faeces are unpleasant and damage the environment. Cleaning up can be done simply and easily with the aid of a scooper or plastic bag and placing the faeces into the nearest rubbish bin.

This does not apply to a guide dog that is accompanying a wholly or partially blind person.

Failure to clean up after your dog can result in a fine of up to $390. (See Schedule 1 - Offences of the Dog Control Regulations 2010) - please note that one penalty unit equals $130.00

Rain dissolves dog faeces and it is washed into our waterways. Marine plant and animal life is affected by this pollution. Australian beaches are closed for several days after rain because of this type of pollution. Dog faeces contain E-coli bacteria which can cause ongoing illness in people including vomiting, diarrhoea, and ear, nose and throat infections

Northern Midlands Council encourages dog owners to carry bags for collection of the dog's faeces. Council provides dog bag dispenser units at each designated dog excerise area (see "Where can I excerise my dog?").

If an authorised council employee has reason to believe that a dog owner has breached a provision of the Dog Control Act 2000, then he or she is legally able to:

• enter onto land owned or occupied by the dog owner, but not any dwelling on that land; and
• search for and seize any dog on that land.

If the authorised person wishes to enter a dwelling on that land, he or she is able to do by a warrant issued by a magistrate.

Under the Dog Control Act 2000 you are required to apply for a kennel licence if you intend to keep:

• more than two dogs over the age of six months; or
• more than four working dogs over the age of six months.

If you have more dogs than this and do not have a current kennel licence you can be liable to a fine of up to $650 (See Schedule 1 - Offences of the Dog Control Regulations 2010) - please note that one penalty unit equals $130.00. In this case you should apply to your local council for a kennel licence.

If you need a kennel licence you should also check with your local council about local planning laws as some councils require you to submit a Development Application as well.

Licence Procedures

Applicant must put an advertisement in the Examiner Newspaper (Wednesday) of their intention to apply for a Licence. This advertisement cost is to be paid by the applicant.

The Applicant must complete a Licence form and pay the prescribed fee. A copy of the advertisement must accompany the application and fee.

Once the application has been recieved the Dog Control Officer will inspect the premises where the dogs are to be kept.

Any person residing within 200 metres of the applicant's property may makea written objection to Council within 14 days of the advertisement.

After 28 days Council may consider the application any may then issue in a form of a "Licence" under the Dog Control Act 2000.

The names of the people who hold the licence are recorded in a Council database.