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Thread: Dog Bite Laws

  1. #51
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    How will you handle the friend now? Did she take your son to their place without your knowledge??

    Any posts made under the name of Di_dee1 one can be used by anyone as I do not give a rats.

  2. #52
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    DragonCharm

    Thanks for the update.

    I reckon that dog isn't comfortable around children - because of the growling and your (ex?) friend should not have left any kids alone with it ever.

    Warning growls are important and should not be punished or ignored. And you can't seriously expect a child to understand what the growl means.

    Not sure about the bite and the PTS. But a dog that doesn't like children shouldn't be left alone with them (I'm repeating myself) and if it takes a dangerous dog declaration to get it muzzled in public, and kept properly fenced off in its own back yard (separate dig proof dog run with a lid) to keep the dog and children safe from each other, then that dog owner should do that.

    It's sad to think that the dog did everything right - warning growl and all that. The child didn't know any better - after all the dog it knows at home wouldn't do that. And the adults behaved extremely irresponsibly - knowing the dog doesn't like children or strangers.

    I dunno - I don't feel the dog deserves to be PTS. But it probably can't be rehomed now either and possibly isn't safe to leave it with those owners.

    Most dogs require a lot of careful effort and training as puppies to be good around children ie to learn to get up and walk away if the child is too much instead of what it would naturally do. I put a lot of work in to my dog meeting lots of different kids of all ages and my brother trusts her with his children more than I do.

    It's possible she could nip a child and draw blood but it's most likely to happen if she tries to grab a tug toy or stick and misses. My brother's dog, who also had a lot of training as a puppy with small children - waves her big stick around like a knee high slasher. Kids learn the hard way to keep a safe distance. And she can also miss the stick if a kid is waving it around.
    Last edited by Hyacinth; 08-02-2011 at 03:37 PM.

  3. #53
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    Quote Originally Posted by Hyacinth View Post
    Drago
    Most dogs require a lot of careful effort and training as puppies to be good around children ie to learn to get up and walk away if the child is too much instead of what it would naturally do. I put a lot of work in to my dog meeting lots of different kids of all ages and my brother trusts her with his children more than I do..
    That is very smart of you, I think its very important to socialise your dog with children/ cats etc. Yes it may not always be possible if you dont have any of your own or any nieces or nephews.

    I think if you have to opportunity and dont take it i think its very stupid and irrisponsible.
    Rubylisious


  4. #54
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    thanks Hy, I have said I am happy for the dog not to be PTS on the condition that it gets marked as a dangerous dog. The dog that growled at me stopped on cue when his owner gave the OK he has done a brilliant job with the male. but his female i don't think is older than 18 months had a litter of puppies and is naturally a nervous dog, not a good combo when you put a young child in the mix.
    The yard the live in is nice and big and open 6-7 foot fences and gate, plenty of water food and shelter (the have their own car to sleep in :P ) Everything I have seen tells me the owner is trying to do right by his dogs.
    And you are right he is still learning what growling means not from lack of us trying to teach him but rather us not letting him near a dog in the first place that growls at a child.
    the guaze on his injuries fell off this morning in the shower. You can now see the injuries.

    As for how bad they were the mark under his eye, took over an hour to stop bleeding he had blood running down his jumper.

    Edit: not currently my ex-friend but she is definately not my BFF at the moment
    Last edited by Drag0ncharm; 08-02-2011 at 03:57 PM. Reason: add info

  5. #55
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    God your son is just the cutest by the way!

    I would hate seeing my boy like that
    Rubylisious


  6. #56
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    LOL thanks I am already looking to invest in a hocky stick when he grows up, just to keep the girl of him and an electric fence to keep him in:P
    He is a tough little man, my side of the family are all have red dirt in our blood from spending so much time in WA Kimberly region, I like to think he is bred tough
    He didn't make a sound when he got patched up other than 'Mummy I'm bored' LOL

  7. #57
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    Your boy is just adorable. Hopefully i DONT LOok like a freak coz thats the second time I have said that LOL.

    Sounds to me like basicaly there is a dog who is uncomfortable around children and some dopey human left it alone with children...awesome move, not really the dogs fault IMO.

    I think what youve outlined above re the dog being declared dangerous is the right course of action at this point.

    Glad your son isnt too affected by it. I knew a couple of people growing up who were terrified of dogs due to one thing or another and I always felt they were missing out on a great relationship (the one you can have with your dog)

  8. #58
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    DragOnCharm

    Your boy is so cute. I bet if he still has the scars when he's older it will be "a croc bit me, nearly took my head off".

    My brother got bit by an afghan hound over a fence - that was about chest high on both of them. I'm pretty sure the dog wasn't trying to do damage - just didn't understand that you don't bite childen cos they have thin skin (compared to other dogs).

    My dog mistook my hand for a tug toy in the dark tonight - again. Ouch. She didn't try to grab the tug again though. Didn't break the skin either, it was more like when you bump heads ie a bony clash of knuckles and teeth. I'd say it was my fault for not explaining to her we were running, not playing tug.

    I don't blame you for trying to keep him away from grumpy dogs. Now he knows why.

  9. #59
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    PS this is the relevant bit about getting a dog declared dangerous and the requirements for keeping it. The dog your son met - certainly meets the requirements to be declared dangerous.

    http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:15487H/$FILE/DogAct1976_05-f0-01.html?OpenElement

    33E. A dog may be declared to be a dangerous dog
    (1) A local government, or on behalf of the local government an authorised person or person specifically authorised by the local government for the purposes of this section either generally or in a particular case, may, by a notice in writing given in accordance with section 33F, declare a dog to be a dangerous dog if, in the opinion of the local government or that person —

    (a) the dog has caused injury or damage by an attack on, or chasing, a person, animal or vehicle;

    (b) the dog has, repeatedly, shown a tendency

    (i) to attack, or chase, a person, animal or vehicle even though no injury has been caused by that behaviour; or

    (ii) to threaten to attack;

    or

    (c) the behaviour of the dog meets other criteria prescribed for the purpose of this section.

    (2) For the purpose of subsection (1)(b), a dog to which section 30(3) applies shall not be taken to show a tendency to attack, or chase, in carrying out the activities referred to in section 30(3) in relation to a dog of that kind.

    (3) The owner of a dog declared to be a dangerous dog, or detained under this Division, shall have the rights referred to in this Division to object and to apply for a review.

    [Section 33E inserted by No. 24 of 1996 s. 10; amended by No. 10 of 1998 s. 29(1); No. 55 of 2004 s. 259.]

    33F. Owner to be notified of making of declaration, and as to control requirements

    (1) The local government, or the person by whom the declaration was made on behalf of the local government, must give written notice declaring a dog to be a dangerous dog to the owner of that dog, and may by that notice impose an order as to control requirements in respect of the dog.

    (2) A notice to be given under subsection (1) —

    (a) shall give reasons for the making of the declaration;

    (b) shall specify that the owner has a right under this Division, to be exercised within not more than 7 days after the giving of the notice, either —

    (i) to lodge a written objection with the local government, with a subsequent right to apply to the State Administrative Tribunal for a review of the decision made by the local government on the objection; or

    (ii) to apply directly to the State Administrative Tribunal for a review,

    as to the declaration or as to any control requirement imposed, or as to both; and

    (c) if an order as to any control requirements is to be imposed on the owner, shall set out —

    (i) the terms and conditions of that order; and

    (ii) the date, or respective dates, by which the owner must comply with any such requirement.

    (3) Whether or not any objection is lodged or application for review is made, the declaration of a dog as a dangerous dog has, subject to subsection (4) and to the terms and conditions of the order as to control requirements imposed by that notice, effect upon the giving of a notice under subsection (1) and thereafter —

    (a) the owner is required, in accordance with section 33K(1), to ensure that any other person liable for the control of the dog is made aware of the declaration;

    (b) any person liable for the control of the dog shall cause the dog to be muzzled, in such a manner as will prevent it from biting a person or animal, at all times —

    (i) in any public place; and

    (ii) in such other circumstances as may be specified in the order as to control requirements;

    and

    (c) if so required by the order, a person liable for the control of the dog shall ensure that the dog is kept —

    (i) on a leash or chain, by a person physically able to control the dog, when in a dog exercise area and in such other circumstances as may be specified; and

    (ii) under continuous supervision, by a person physically able to control the dog, in such circumstances as may be specified.

    (4) The terms and conditions of an order as to control requirements, other than such as have effect under subsection (3), shall have effect on such date, or respective dates, as are specified in the notice given under subsection (1) imposing the order unless an objection is lodged or an application for review is made, in which case any such term or condition of the order to which the objection or application for review relates shall not have effect until the objection, and any relevant application, has been determined.

    (5) In making any order imposing control requirements in respect of a dog the local government or the person giving the notice on behalf of the local government may set out any term or condition, of any kind, which is considered necessary to prevent, or reduce the likelihood of, that dog attacking, including any requirement referred to in subsection (3)(b)(ii) or (3)(c) or a requirement —

    (a) that the dog be confined in, or excluded from, any area specified;

    (b) that any enclosure within which the dog is kept be constructed —

    (i) so as to restrict access by young children;

    (ii) so that the dog cannot escape from it; and

    (iii) so that it complies with any prescribed requirement;

    (c) that the owner ensure that at all times, or at such times as may be specified in the order, the dog wears a distinctive collar or device, of a kind prescribed or as approved by the local government, to warn people that the dog is dangerous; or

    (d) that the owner ensure that at any entrance to premises where the dog is kept signs, of a kind prescribed or as approved by the local government, are displayed to warn people that a dangerous dog is kept there.

    (6) Where an objection is lodged with a local government in accordance with subsection (2)(b)(i) the local government shall consider it and —

    (a) if the local government dismisses the objection, the owner may, within 7 days after the giving of a notice by the local government as to the dismissal of the objection, apply to the State Administrative Tribunal for a review of the decision; or

    (b) if the local government has not given notice to the owner stating that the objection has been considered, and setting out its determination on the objection, within 35 days after the giving under subsection (1) of the notice of the making of the declaration, the owner may, within 42 days after the giving of the notice under subsection (1) , apply to the State Administrative Tribunal for a review of the decision to which the owner objected.

    (7) Where a local government gives notice of the dismissal of an objection under this section, that notice must set out the reason for the dismissal of the objection.

    (8) The local government of a district in which the dog is at that time ordinarily kept may, by written notice to the owner of the dog, vary the terms and conditions of any order as to control requirements which has been imposed, and any such notice of variation shall be dealt with as though it were, and is subject to the same provisions as to objection and review as, a notice given under subsection (1).

    (9) Where a dog is declared to be a dangerous dog an authorised person may, at any reasonable time, enter any premises other than a building or part of a building that is used for residential purposes, being premises —

    (a) where the dog is ordinarily kept; or

    (b) which he has reasonable grounds to believe that it is necessary to enter for the purpose of this section,

    to ascertain whether or not the owner has complied with the requirements imposed by or under this section.

    [Section 33F inserted by No. 24 of 1996 s. 10; amended by No. 10 of 1998 s. 29(1); No. 55 of 2004 s. 260 and 268.]

  10. #60
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    Quote Originally Posted by Drag0ncharm View Post
    As for how old he is He is is 3 1/2 years he is smart and has OCD which means he is very precise in his patterns of talking. He doesn’t lie he gets diplomatic and evasive.
    Drag0ncharm... Please do not feel I want/ expect a reply... But I was wondering if your son's diagnosis was OCD, or perhaps ASD (Autism Spectrum Disorder)? I ask because if it is the latter, I would strongly suggest accessing the FACSIA govt grant money (not sure on your state, but am almost completely sure it is Federal funding) to have some counseling/ therapy for your boy.

    It is common in people with ASD to have long term effects from negative experiences- so even though he is hanging tough right now- some therapy will not go astray.

    If it is indeed OCD, though, disregard my above :-) And good luck and fast healing- he's a definite cutie!

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