(1) A Council may declare a dog to be a menacing dog if—
(a) the dog has rushed at or chased a person; or
S. 41A(1)(ab) inserted by No. 44/2010 s. 12.
(ab) the dog bites any person or animal causing injury to that person or animal that is not in the nature of a serious injury; or
S. 41A(1)(b) amended by No. 69/2004 s. 27(1).
(b) the dog has been declared a menacing dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division.
(2) The Council must not make a declaration under subsection (1)(a) if the incident occurred because—
(a) the dog was being teased, abused or assaulted; or
(b) the person was trespassing on the premises on which the dog was kept; or
(c) another person known to the dog was being attacked in front of the dog.
(3) The Council may revoke any declaration made under subsection (1).
S. 41A(4) amended by No. 69/2017 s. 15.
(4) The Council may delegate its power under subsection (1) to a Council authorised officer.
S. 41A(5) amended by No. 65/2007 s. 16, substituted by No. 35/2009 s. 20.
(5) If a person is found guilty of an offence
under section 29(7) or 29(8) with respect to a dog, the court may order the
Council to declare the dog to be a menacing dog under subsection (1).
S. 41A(6) inserted by No. 69/2004 s. 27(2).
(6) A declaration under this section has effect throughout Victoria.
S. 41B inserted by No. 87/2000 s. 20.