Things You Should Know About Menacing Dogs Legislation

The Domestic (Feral and Nuisance) Animals Act empowers municipalities to declare a dog to be “menacing” if the dog has rushed or chased a person. “Rush” is defined as a dog approaching a person to a distance of less then 3 metres in a menacing manner, by displaying aggressive tendencies that may include snarling, growling and raised hackles.

The Act defines the decision to declare an individual dog to be menacing on the basis of its deed. This decision recognises that the dog has not actually bitten a human but has the ability to put fear in a person that it could happen. This provision empowers Council to deal with instances of unacceptable behaviour in individual dogs and covers the potential of any dog to cause problems in the future.

Microchip Identification
The owner of the dog must ensure that the animal carries a microchip which is ISO compliant unless the dog was microchipped prior to May 2003 and the Microchip can be detected and decoded by a multireader capable of reading Destron and Trovan microchips. This form of identification is permanent and cannot be lost. No matter where the animal is, its identity can be known by reading the microchip with a scanner. Most vets can arrange microchipping.

Desexing
Dogs declared menacing are not required to be desexed.

Collar
Dogs declared menacing due to rushing or chasing are not required to wear a special collar, although these dogs must be walked on a lead and with a muzzle while outside the owner’s premises.

Signs
Owners of dogs declared menacing due to rushing or chasing are not required to erect any signage at the entrances to their properties.

Housing
There are no specific housing requirements for dogs declared menacing, other than the State wide requirement for a dog to be contained securely on the property.

Restraint
Councils can require a menacing dog to be muzzled and on a lead whilst it is outside the owners premises.

Notification
The owner of a Menacing Dog must notify the Council within 24 hours if:

• the dog rushes at or chases a person; or
• the dog is missing, or
• the owner’s address changes; or
• the place where the dog is kept changes; or
• the ownership of the dog changes.