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Thread: Council Pounds - Dangerous Dogs

  1. #1
    Join Date
    Apr 2011
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    Default Council Pounds - Dangerous Dogs

    Heard something interesting today...i have a friend who was telling me about a friend of there's that is going through hell with their local council...

    Story: The family have, what is registered with the council as a staffy cross. Last month the dog got out and was picked up by rangers. Owners found the dog at the pound and were told to go and collect it the following day..

    When they arrived, the pound told them they were no longer able to collect their dog. Council had decided it looks like a pitbull cross, and they will not release until registration is changed over and necessary paperwork is filled out to declare the dog as dangerous. owner is fighting it and has organised for a dna test to be done....a month later, the dog is still sitting in the pound because the council refuses to help, phone or do anything.

    I had absolutely no idea this type of thing could be done! the council has decided on their own merit that the dog is not the breed that it is registered under..does anything else think this is completely absurd and unethical!?

  2. #2
    Join Date
    Jun 2011
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    Sydney
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    You have got to be kidding me!!! Thats is a joke! Your poor friend must be going through Hell at the moment. I cant believe they can do that, I have seen some "Amstaffs" at the pound that look like pitbulls but I havent seen a Staffy X that looks like a pitty! Thats honestly disgusting, they can just make up something like that whenever they feel like it! Grrrr
    Rubylisious


  3. #3

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    They cant do it .
    Which state is this in ?
    GageDesign Pet Photography
    Site still in construction so will post link when it's finished.

  4. #4

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    Actually , could you pm me further about the matter ,I'm more than happy to help
    GageDesign Pet Photography
    Site still in construction so will post link when it's finished.

  5. #5

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    OK lol , reread your post again and a few things strike me as odd.

    If the rangers thought the dog to be a pit bull cross , they wouldnt and legaly couldnt hold the dog as pit cross are not restricted .
    And why are they wanting to declare dog dangerous? Did it bite someone or injure another animal?
    GageDesign Pet Photography
    Site still in construction so will post link when it's finished.

  6. #6
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    Mar 2010
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    Queensland
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    If you are in QLD any vet can identify your dog as whatever, Staffy or Amstaff X or pure bred one of those, and that is now legal.

    If the dog has done anything at all,even hassle an animal or person let alone attack or bite, it is a different matter altogether.

    If the dog has done nothing and is in QLD you can also PM me I can tell you what to do to get that council off their backs, but not if the dog has done something while out of the yard.

  7. #7
    Join Date
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    Perth
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    I am a bit sketchy on details as i do not personally know the family. As i said, it's a friend of a friend, just thought it made for an interesting discussion.

    This is over in WA. I believe the family are seeking legal advice, and are waiting on the results of the DNA test. Until the test arrives, the dog had to stay in the pound. The council could quite well be saying it is pure pitbull, i'm not to sure to be honest. The owners swear by the fact that it is a staffy cross, but apparently the dog has a pink nose and the owner thinks this may have to do with why the council are saying it has pitbull in it. I'll see if i can get a picture.

    From what i know, it hasn't attacked anyone. It just got out one day and ranger picked it up because it was wandering the street.
    Last edited by tiff-689; 07-26-2011 at 04:38 PM.

  8. #8
    Join Date
    Apr 2009
    Location
    Melbourne
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    I have heard about this before. I have worked in a shelter and whenever a 'pitbull' came in a photo was taken before being put into the 'stray' pens. Now sometimes these dogs were brought in by the public and sometimes by the council. Depending on whether a council ranger saw the dog or not would depend on whether it was released willingly to the owners or not. But it also depended on which council worker saw / didn't see the dog. (Some rangers are just plain lazy.) It is in the rangers power to not release an animal to it's owner if they have suspicions on breed or treatment the animal receives with its owner.
    "In order to really enjoy a dog, one doesn't merely try to train him to be semihuman. The point of it is to open oneself to the possibility of becoming partly a dog." - Edward Hoagland

  9. #9

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    Well it would appear that their DD regs are the same .



    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 of objection and appeal referred to in this Division.



    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 of appeal to a Local Court in the manner prescribed by regulations against any decision made by the local government; or

    (ii) to appeal, directly to a Local Court, in the manner prescribed by regulations,

    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 appeal 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 appeal is made, in which case any such term or condition of the order to which the objection or appeal relates shall not have effect until the objection, and any relevant appeal, 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 can not 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 appeal to a Local Court in the manner prescribed by regulations within 7 days after the giving of a notice by the local government as to the dismissal of the objection; or

    (b) if the local government has not given notice to the owner that the objection has been considered, and either upheld, varied or dismissed, within 35 days after the giving under subsection (1) of the notice of the making of the declaration the owner may appeal to a Local Court in the manner prescribed by regulations, within not more than 42 days after the giving of the notice under subsection (1).

    (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 appeal 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.
    GageDesign Pet Photography
    Site still in construction so will post link when it's finished.

  10. #10

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    The regs over there appear to be worse than here! So much for everyone declaring WA to be a 'safe' state. Cant fathom how they get to declare a dog dangerous just on its breed!

    New Regulations announced by the Minister for Local Government and Regional Development, Mr
    John Bowler MLA, were gazetted on Friday, 9 December 2005.
    The effect of these Regulations is that an owner who already has a restricted breed dog may keep
    it for the rest of the dog’s life as long as it is sterilised. The intention is to phase out these types
    of dogs in Western Australia.
    Effective 10 March 2006 owners of restricted breed dogs MUST:
    • be 18 years of age or over;
    • register (from 3 months of age) and provide proof to an authorised officer within 24hrs that the dog is
    sterilised (from 6 months of age);
    • display “dangerous dog” warning signs at each entrance to the premises at which the dog is kept;
    • keep the dog in escape-proof and child-proof fencing;
    • ensure the dog wears a “dangerous dog” collar;
    • leash and muzzle the dog while in public places;
    • ensure no minors are in charge of the dog in public places;
    • not keep more than two restricted dogs per person or property without a permit from the Council;
    • notify a prospective owner that the dog is a restricted breed dog; and
    • notify Council if the dog escapes, dies or there is a change of ownership or new address.
    The Regulations also provide extra powers for seizure and destruction where regulations 5, 6 or 7 (enclosed)
    have been contravened.
    These regulations apply to all restricted breeds regardless of temperament or behavioural history.
    GageDesign Pet Photography
    Site still in construction so will post link when it's finished.

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