2018-08-07 S&O Agenda - Att 5 to Item 7 - Local Law Amendments

                     Noosa Shire Council Local Law No. 2 (Animal Management) 2015                             9



            (b)    the animal is tethered in or on a vehicle and unable to reach beyond the
                   vehicle extremities; or
            (c)    the animal is a dog in a dog off-leash area and under the supervision of a
                   person who is able to control the animal by voice command; or
            (d)    the animal is participating in, or being exhibited or trained at, an exhibition
                   or an obedience trial supervised by a body recognised for this section by the
                   local government; or
            (e)    the animal is a working animal actually engaged in moving livestock and
                   under the supervision of a person who is able to control the animal by voice
                   command.

13    Person in control of dog or prescribed animal to clean up faeces
            If a dog or any other animal prescribed by subordinate local law defecates in a
            public place, the person who has control of the dog or animal must immediately
            remove and dispose of the faeces in a sanitary way.
            Maximum penalty—20 penalty units.


Division 2                 Restraint of animals

14    Duty to provide proper enclosure and prevent animal from wandering
      (1) A person who keeps an animal must maintain a proper enclosure to prevent the
          animal from wandering or escaping from the person’s land.13
            Maximum penalty for subsection (1)—20 penalty units.
      (2) The local government may, by subordinate local law, prescribe requirements for a
          proper enclosure for an animal or species or breed of animal.
      (3) The owner of the animal must ensure that it is not wandering at large.14
            Maximum penalty for subsection (3)—20 penalty units.
      (4) It is a defence to a prosecution for an offence against subsection (3) for the
          defendant to prove that—
            (a)    the defendant maintained a proper enclosure for the animal and could not,
                   by the exercise of reasonable diligence, have prevented the escape of the
                   animal; or
            (b)    the animal was wandering at large in circumstances authorised by the
                   conditions of an approval granted under a local law.
            Example for paragraph (b)—
              The conditions of an approval to keep racing pigeons might authorise the approval holder to
              release the pigeons from their enclosure for a certain amount of time each day and during official
              pigeon racing events.


13
    See also Animal Management (Cats and Dogs) Act 2008, schedule 1, sections 4 to 5, regarding the
requirements about enclosures for declared dangerous dogs, declared menacing dogs and restricted dogs.
14
   See the definition of wandering at large in the schedule.