Victorian Current Acts

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DOMESTIC ANIMALS ACT 1994 - SECT 26

Dogs and cats found in places specified by the Council

S. 26(1) amended by No. 65/2007 s. 11(2).

    (1)     If a dog or cat is found in a place in respect of which an order under this section has been made in contravention of that order or any terms and conditions of that order, the owner is guilty of an offence and liable to a penalty of not more than 2 penalty units for a first offence and 4 penalty units for a second or subsequent offence.

    (2)     A Council may by resolution make an order under this section which may do all or any of the following—

S. 26(2)(a) amended by No. 87/2000 s. 12(1).

        (a)     prohibit the presence of dogs and cats in any public place of the municipal district of the Council;

S. 26(2)(b) amended by No. 87/2000 s. 12(1).

        (b)     impose all or any of the following conditions on the presence of dogs or cats in any public place of the municipal district of the Council—

              (i)     conditions as to the means of restraint of dogs or cats;

              (ii)     conditions as to the times at which the presence of dogs or cats is or is not permitted;

              (iii)     any other conditions that are specified in the order.

S. 26(2A) inserted by No. 87/2000 s. 12(2).

    (2A)     If the Council proposes to make an order under this section in respect of a public place that is on private land, the Council must obtain the agreement of the owner or occupier of the private property to the order before making the order.

    (3)     An order made by the Council under this section must be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council making the order.

    (4)     A condition made under subsection (2)(b)(i) does not apply to a dog in any of the circumstances listed in section 20(2).

S. 26(5) inserted by No. 87/2000 s. 12(3).

    (5)     In this section, public place has the same meaning as in section 3 of the Summary Offences Act 1966 .

Division 2—Particular provisions for the control of dogs and cats



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