Seized My American Staffy Info Please

[CatsnStaffs]

Fantastic news !!

Amazing what the 'right' words can do when it pertains to the Laws and Regs , especially to the right person

[claireybell]

Thank god you got your baby back!!!!!! I also live in Frankston, I know they cant do it with my dogs (cocker and beagle) but it's scary to think this can happen just because someone 'thinks' that a dog looks like a banned breed.

Home for Christmas though!!!!!!

[Jimmay]

Thats fantastic news!!

[menacebear]

Do you actually live in frankston council? I know you stated he was found wandering at large by frankston council but do you actually fall under their multiplicity? I live within frankston and i know how very very strict they are in regards to restricted breeds. They don't just look at the dog and "think" it is restricted, they measure the animal up and get second opinions before they go as far as saying the animal can't be released. Don't get me wrong, i'm not "for" the council, they annoy the shit out of me but they are ridiculously thorough

[mizzpiggy]

Do you actually live in frankston council? I know you stated he was found wandering at large by frankston council but do you actually fall under their multiplicity? I live within frankston and i know how very very strict they are in regards to restricted breeds. They don't just look at the dog and "think" it is restricted, they measure the animal up and get second opinions before they go as far as saying the animal can't be released. Don't get me wrong, i'm not "for" the council, they annoy the shit out of me but they are ridiculously thorough

Nope my house is in the Glen Eira Council and that is where my dog is registered. The Frankston Council said because he was picked up there then the dog is in their jurisdiction. I would hope that that they don't just eye ball the dog to determine what breed it is, However I asked the council how they determined that Aztec is a Pitbull, I asked for the procedure which they follow but this information was not given to me. I was referred to the DPI government website but this only supplied me with the Legislature around what they have the right to do and not do, it did not provided me with any tests or measurements.

I am thankful to the Frankston City Council but I am defiantly in favor of amending the law. In my situation when the dog has shown no signs of aggressive behavior and roaming was the only thing that he was doing wrong, the council should have to prove that he is a Pit-bull not the other way round. Or at the very least the owner should be given the opportunity to provide proof that the dog is not a Pit-bull before it is seized.

Edited December 15, 2008 by mizzpiggy

[luvabull]

Glad it all worked out for you and you'll be getting your gorgeous boy back. Bring on tomorrow!!

[menacebear]

In that case hopefully they just drop it and don't refer it on to the council that you live in to deal with. It's great that you are getting him back though. It could have easily dragged on for a long time. I have a red nosed x who i got from an animal shelter, he is chipped as a ridgeback x mastiff which is clearly false and i'm thinking of changing his m/c details to pitty x mastiff as this is what he looks like. Pures are the only ones restricted so if a dog has pitbull in it i can't se why the vets don't just chip it as such.

BTW i love his name!

[mizzpiggy]

the Franston City Council refused to release him as they said the Glen Eira council has revoked his registration. The only reason they would have done this is if Frankston City Council called the Glen Eira council. This is so underhanded. My husband and I brought Aztec all new toys in anticipation for his return today, husband took the day off work to go to the pound only to be told that we would not be getting Aztec today.

[CatsnStaffs]

They have not got him as a Dangerous Dog do they ? He did noting wrong whilst he was wandering did he?

[polomum]

So whats the next step..........You must be beside yourselves!!!!! Did you get to see him in the flesh???

[CatsnStaffs]

Also for what reason did they give for revoking his rego?

[CatsnStaffs]

Oh and its not the first time for this council either ; http://www.rottnbullies.com/myblog.htm

And they lost then too.

[CatsnStaffs]

Menacing dogs

A council may declare a dog to be menacing if it has rushed at or chased a person or has been declared a Menacing Dog by the law of any other State or Territory

A council must inform the dog’s owner within 7 days of such a declaration.

The dog’s owner must inform the council if the dog:

rushes at or chases a person; orthe 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

A 10 penalty unit applies for breach of these requirements.

In addition, the owner of a menacing dog must, when it is outside its premises, ensure that the dog is muzzled in a manner which is sufficient to prevent it causing injury by biting and is under the effective control of some person by means of a chain, cord or leash.

A fine of 4 penalty unit applies for breach of this requirement.

Dangerous Dogs

A 'dangerous dog ' is defined by the Domestic (Feral and Nuisance) Animals Act 1994 (Vic) as a dog which:s kept as a guard dog for the purpose of guarding non-residential premises

has been trained to attack or bite a person or any thing attached to or worn by a person.

a dog which has been declared to be dangerous by a Council

A local council can declare a dog to be 'dangerous ' if the dog has caused the death of or serious injury to a person or animal by biting or attacking that person or animal or if if the dog is a menacing dog and its owner has received at least 2 infringement notice in respect of the offence. A council when making such a declaration, must inform the dog’s owner within 7 days.

An owner of a dangerous dog that is not a guard dog can be fined up to 120 penalty unit or sent to prison for a maximum of six months if that dog attacks or bites another animal or person.

All dangerous dogs are required to wear a prescribed collar and owners of such dogs are also required to indicate the presence of a dangerous dog on their premises by putting up relevant signs at all entrances. Owners who breach these rules may be fined 5 penalty units for a first offence and 10 penalty units for second and subsequent offences.

Details of required collars, housing and perimeter fencing for dangerous dogs and restricted breed dogs (see below) are contained in the Domestic (Feral and Nuisance) Animals Regulations 2005.

Any dog that has been declared to be a 'dangerous dog ' must be permanently identified by a microchip implanted under its skin. You must supply your local council with the microchip number for their records.

You must notify the council:

immediately, if you become the owner of a dog that has been trained to attack or bite any person or any thing attached to or worn by a person

immediately, if your dog starts to be trained to attack or bite any person or any thing attached to or worn by a person

within 24 hours, if you own a dog kept as a guard dog for the purpose of guarding non-residential premises

within 24 hours, if a council has advised you that it is investigating an alleged offence under s 29 (i.e. liability for your dog attacking another animal or person) of the Act in respect of your dog and the custody or ownership of the dog changes.

Failure to notify council of any of these matters results in a fine of 5 penalty units.

There are various restraint requirements for keeping dangerous dogs on residential or non-residential premises. For example, the owner of the dog must ensure that the dog is in a prescribed enclosure. Failure to comply may lead to a fine of 5 penalty units.

Restricted breed dogs

'Restricted breed dogs ' are defined under the Domestic (Feral and Nuisance) Animals Act 1994 (Vic) as breeds prohibited from being imported by the Commonwealth Customs (Prohibited Imports) Regulations 1956 and include:

the American pit bull terrier or pit bull terrier

the dogo Argentino

the Japanese tosa

the fila Brasileiro (Brazilian mastiff).

The American pit bull terrier or pit bull terrier is the only breed currently known to exist in Australia.

The Domestic (Feral and Nuisance) Animals Act 1994 (the Act) was amended on 2nd November 2005 to restrict the acquisition of restricted breed dogs. From this date it is an offence to acquire a Restricted Breed Dog and also certain circumstances must exist before a Council can register a Restricted Breed Dog (for the first time) after this date.

Persons applying to register their dog must make a declaration as to whether their dog is a restricted breed. A council authorised officer also has the power to declare the dog a restricted breed. If declared by an authorised officer, the officer must serve written notice of the declaration on the owner within seven days, setting out the legal requirement applying to the keeping of a restricted breed dog and their rights of appeal.

Owners wishing to appeal the officer 's declaration must make application to the Minister for Agriculture within 30 days. A review panel of experts in breed identification will be arranged to review the officer 's decision.

The rules regarding the restraint of restricted breed dogs vary according to whether the dog is on or outside the dog owner 's premises. Restricted breed dogs, when on the premises of their owners and inside any dwelling, must be confined so that they cannot escape. Also no person can enter that dwelling unless admitted into to it by the occupier of the premises who is 17 years or over.

If the dog is outside any dwelling on the owner 's premises, the dog must be kept within a 'prescribed enclosure ', which may include the backyard, providing the fences are made of solid material, are 1.8 metres in height and all gates are self-closing and locked. Any breach of those restraint requirements can result in a penalty of 5 penalty unit for a first offence and 10 penalty units for a second or subsequent offence.

When the restricted breed dog is outside the dog owner 's premises, the dog is to be muzzled to prevent it causing injury by biting and must also be under the effective control of some person by means of a chain, cord or leash.

Persons under 17 are not permitted to be in charge of such a dog outside the dog owner's premises. Failure to comply may lead to a penalty of 5 penalty units.

Any owner of a restricted breed dog must display warning signs on their premises about the restricted breed being kept on the premises. Also, a person cannot own more that two restricted breed dogs with a council permit. An owner of a restricted breed dog cannot sell such a dog to a person under 17. Failure to comply may lead to a fine of 5 penalty units.

Registration fees for dangerous and menacing dogs

Owners must pay the maximum dog registration fee for:

a menacing dog

a dog that is declared to be a 'dangerous dog ' under the Domestic (Feral and Nuisance) Animals (Amendment) Act 2000.

Edited December 16, 2008 by CatsnStaffs

[RottnBullies]

mizzpiggy I sent you a PM on the 12th, did you receive It??

I've left contact info. PLEASE get In touch with her

I am so sorry this is now dragging on, but It does not surprise me with how things are going in Vic :rolleyes:

[Nekhbet]

friends of mine recently got their dog back who spent 12 months in the pound (Melbourne) as a suspected DD and APBT ...

it is now back home suggling with the kids and no restrictions. Dont listen to the council or rangers as the sh@t spun to the people who were originally given the dog was beyond rediculous.

[RottnBullies]

friends of mine recently got their dog back who spent 12 months in the pound (Melbourne) as a suspected DD and APBT ...

That Is just so wrong, on so many levels, It should NEVER drag on that long, It's just ridiculous and cruel and the poor dog suffers the most, do they have any idea how that could possible affect the stability etc of the dog :rolleyes: They just don't give a damn!!

I would be beside myself If It ever happened to me,

[Nekhbet]

That Is just so wrong, on so many levels, It should NEVER drag on that long, It's just ridiculous and cruel and the poor dog suffers the most, do they have any idea how that could possible affect the stability etc of the dog crying.gif They just don't give a damn!!

I would be beside myself If It ever happened to me, icon_smile_mad.gif icon_smile_mad.gif

worst thing is the bitch went through 2 seasons in the pound surrounded by other dogs, but spent it alone in a pen by herself. I am helping the owners resocialise her (not that she needs it she's such a sook) but just needs her stability back. She was also obese when she came out of the pound and now she's STILL on a diet .. she got stuck behind the couch (backing onto a window) and all we could see was this fat gut and skinny legs peddling to get her back up over the couch we were rolling in laughter. The whole thing was an utter utter crock.

[mizzpiggy]

I had a s****t day today

i have attached the two letters i wrote today to both the councils involved. Read if you want but they are pretty dry. I did ask under what grounds the Glen Eira council revoked the rego but the person i dealt with said "there is a clear line in the sand...he even reiterated by drawing a line on his paper pointing to the north of the line and saying this is what we are dealing with here.....then south of the line "this is when we get the lawyers involved and that will cost you." Yes i was treated as if I were a moron and I am so upset that I am going to knock on every door that I can to get the ball rolling.

Letter one len EIra

I registered my American Staffordshire on Friday 12/12/2008. I was informed by the Frankson City Council that if he was registered he would be released on Tuesday, he was suspected of being a restricted Breed. I was informed that I would need to sign a declaration but was not informed of the specifics of this declaration. I provided information to the Frankston City Council on Friday regarding the breed of Aztec which is American Staffordshire. I believed that I had convinced the Frankston City Council of Aztecs Breed.

When I arrived at the North Cranbourne Dog Pound *Name* (of the Frankston City Council) asked to see Aztecs registration details. She then gave his registration papers to ***1 and ***2 from the Glen Eira city Council. ***1 then told me that Aztecs registration has been revoked and that I would be refunded my $13.15. Firstly I feel that to say I was due a refund is insulting as they know I had the expectation that I would be retrieving my Dog that has been missing for 6 months. Secondly under what Legislation has the council revoked my registration?

I believe that registration can be revoke thought the correct process as defined by the Domestic (Feral & Nuisance) Animals Act 1994. I do not believe that the revocation of my registration was lawful. Can you please advise me otherwise?

Part 10(3) or the above mentioned Act stipulates that a person has to include a declaration that a dog is of a restricted breed when registering, Aztec was not declared as a restricted breed at the time of registration, the council did not refuse to register Aztec and I received his papers (registration number *****).

I understand that the Council has a duty of care to the public in regards to dangerous and menacing dogs. I also believe that the council has a duty of care to myself as a member of the general public. My dog has not been released to me because the Glen Eira City council in my interpretation has illegally revoked my dogs registration. I would like to formally request on which grounds this revocation had been allowed. I appreciate your time and await you imminent reply.

Letter two Frankson:

I registered my American Staffordshire on Friday 12/12/2008. I was informed by the Frankson City Council that if he was registered with Glen Eira he would be released on Tuesday, he was suspected of being a restricted Breed. I was informed that I would need to sign a declaration when the council released Aztec but was not informed of the specifics of this declaration.

When I arrived at the North Cranbourne Dog Pound *name* (of the Frankston City Council) asked to view Aztecs registration details. She then handed his registration papers to ***1 and ***2 from the Glen Eira city Council. ***1 then told me that Aztecs registration has been revoked and that I would be refunded my $13.15. I provided proof that my dog Aztec was registered in Glen Eira. I do not understand on what grounds this registration has been revoked (investigation pending to the Glen Eira City Council) and Secondly under what Legislation has the Frankston City Council received the power to disregard Aztecs registration documentation and to hand them to a third party?

I do not believe that the revocation of my registration was lawful However that is a matter for the Glen Eira city council and myself. Can you please advise me as to why the written documentation of Aztecs registration was ignored or overridden? I would also like to take this opportunity to address the manner as to which both ***officiers*** conducted themselves in my presence. I was very stressed when I was at the pound and I did not appreciate the idle Chit chat that I endured for over an hour in regards to the ladies new uniforms, I was frustrated that the ladies informed me that American Staffordshire Breeds do not have red noses. Please look this information up as it is wrong and highlights to me the low level of education that the officers have. Because my wife and myself have not received the guidelines as to how Aztec was determined to be a Pitbull this lack of knowledge made me very upset. I am very frustrated that I was led to believe that my dog was to be released, I have lost earnings as I took a full day off work to retrieve Aztec. My wife and I were eagerly awaiting the return of Aztec all weekend and I believe that the two women involved have been disrespectful to both myself and my wife. My wife requested the legislative information on Friday in regards to how the council determines that a dog is of American Pitbull Breed, she was not provided with this information. She also requested what parts of the Domestic (Feral and Nuisance) Animals Act was pertinent to the retention of a restricted breed again this information was not supplied. It appears that our dog was seized on the 16 of December under section 80 of the above act. however the restricted Breed Dog Declaration is dated the 11 of December. Under what grounds has my dog been detained for the period from the 11th to the 16th? I appreciate your time in considering my request and await your imminent reply. I do apologize for the format of this request however my wife and I have had such an ordeal since Thursday evening it is very hard to report everything in a logical manner.

Comments welcome

[Nekhbet]

I did ask under what grounds the Glen Eira council revoked the rego but the person i dealt with said "there is a clear line in the sand...he even reiterated by drawing a line on his paper pointing to the north of the line and saying this is what we are dealing with here.....then south of the line "this is when we get the lawyers involved and that will cost you." Yes i was treated as if I were a moron and I am so upset that I am going to knock on every door that I can to get the ball rolling.

how rediculous. Geez sorry you were treated like an idiot be careful they can be VERY disparaging and try and get you to give up but DONT LET THEM GET TO YOU :rolleyes: its pathetic.

was Aztec registered before he got lost with another council at all?

[mizzpiggy]

was Aztec registered before he got lost with another council at all?

No unfortunatly i thought the central animals registration was the same thing...i found out later it was not by that time he was already missing. He was registered friday and they served me papers dated today and the 11th.