Things You Should Know About Restricted Breed Dogs

What happens if a dog is declared a Restricted Breed?

Authorised Officers (from the local council) have the power to declare that a dog is a restricted breed. Within 7 days of making a declaration, an Authorised Officer must serve written notice of the declaration on the owner of the dog, either personally or by registered post. The notice will contain information about how owners can apply for a review of the decision, if desired, along with the housing and ownership requirements that apply to Restricted Breed Dogs.

Figure 1 provides a flow chart describing the declaration process including specific information about outcomes for dogs and owners.

 Figure 1. Declaration process for Restricted Breed Dogs

Prescribed conditions for the keeping of Restricted Breed Dogs

Desexing

Restricted Breed Dogs must be desexed unless the owner obtains a certificate from a veterinarian stating the dog cannot be desexed for health reasons.

Microchip identification

The owner of a Restricted Breed Dog must ensure that the animal is implanted with an ISO microchip in accordance with the Regulations (unless already microchipped prior to 20 May 2003).

This microchip identification number, along with other information as specified in the Regulations, must be supplied to the council with which the dog is registered within 7 days of the dog being microchipped.

Warning signs

It is important for a person with a valid reason to enter the premises (eg emergency services personnel) to know a restricted breed dog is present. The owner of a restricted breed dog must display prescribed warning signs at all entrances to the premises where the dog is kept warning people that a restricted breed dog is kept on the premises.

It is important for a person with a valid reason to enter the premises (eg emergency services personnel) to know a restricted breed dog is present. The owner of a Restricted Breed Dog must display prescribed warning signs at all entrances to the premises where the dog is kept warning people that a Restricted Breed Dog is kept on the premises.

This warning sign must:

• be a rectangle with a height of 10cm and a width of 30cm,
• be made of durable material,
• have a light turquoise background,
• have black bold 72 font, Times New Roman Text,
• have a 3 point black border around sign,
• have at least one colour that is reflective.

An example is given in Figure 2.
For details of suppliers of restricted breed dog signs, contact your local council, or phone the DPI Customer Service Centre on 136 186.

Figure 2. Example warning sign

Housing on premises

When indoors or outdoors on the premises, the dog must be housed in such a way that it cannot escape, and that prevents it from injuring visitors to the premises. The dwelling and outdoor enclosure (or backyard where this forms the outdoor enclosure) must be constructed in such a manner that a person cannot have access to them without the assistance of an occupier of the premises who is of or over 17 years of age.

The owner must also ensure there is an outdoor enclosure or backyard that must:

• have a weatherproof sleeping area;
• contain lock/s that have self closing and self latching mechanisms on any gates into the enclosure, which can be (and are) locked when the dog is in the enclosure;
• be constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the perimeter of the enclosure;
• not be situated on premises in such a manner that people have to pass through the enclosure;
• have a minimum floor area of 10 square metres per restricted breed dog;
• have a perimeter fence with a minimum height of 1.8 metres.

An authorised officer may also require that this perimeter have an inward facing overhang of 0.7 metres angled at 35 degrees to the horizontal plane. In addition, you may be required to use the following construction materials for an outdoor enclosure:

• brick, concrete, timber, iron or similar solid material;
• chain mesh manufactured from 3.15 mm wire to form a uniform;
• 50 mm mesh, or weldmesh manufactured from 4 mm wire with a maximum mesh spacing of 50 mm.

A combination of the above may be acceptable. The mesh size and construction detail is specified so that the enclosure will be escape proof and so that people, particularly small children, cannot fit body parts such as hands into the enclosure with the dog.

Restraint off premises

A restricted breed dog must be muzzled and leashed when outside the owner¡¦s premises, and must be under the control of a person aged 17 or over.

Notification and ownership requirements

The owner of a restricted breed dog must notify the council that registered the dog within 24 hours if:

• the dog is missing;
• the ownership of the dog changes;
• the owner's address changes;
• the place where the dog is kept changes.

If owners of restricted breed dogs decide to sell or give them away, before doing so owners must advise the person in writing that the dog is a restricted breed dog.

The owner of a restricted breed dog must not sell, give or otherwise transfer ownership of the dog to another person who is less than 17 years of age.

A person must not own more than 2 restricted breed dogs unless that person has a permit to do so from the council of the municipal district in which the dogs are kept.

Transfer of ownership of a declared restricted breed dog

Declared restricted breed dogs must NOT be sold, given away or transferred to the ownership of another person. The exception is when the owner decides to surrender the dog to a council pound or shelter or if the owner has died. If the owner has died, the dog may be passed to an immediate family member of the deceased who is over 17 years of age.

For more advice or information

Call your local council if you have questions about your rights and responsibilities as a dog owner. Your council will also deal with queries or concerns about Restricted Breed Dogs.

View the Approved Standard.

For general information about responsible pet ownership, and contact details for relevant pet organisations, visit www.dpi.vic.gov.au or call the Customer Service Centre on 136 186 (for the cost of a local call).

The Domestic Animals Act 1994 is State legislation, which is implemented by municipal councils.

The Domestic Animals Act 1994 and the Domestic Animals Regulations 2005 are available online at www.dpi.vic.gov.au/animalwelfare or hard copies (at a cost) from Information Victoria, 505 Little Collins Street, Melbourne, phone 1300 366 356.

To access more information about domestic animal control and animal welfare in Victoria, visit www.dpi.vic.gov.au/animalwelfare.

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Disclaimer

This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.