Is This Legal?

[Danois]

I don't interpret that to mean it is illegal to tether your dog on your property. I interpret it to mean that if you have a dog then you must have some sort of containment system in place.

Yes, containment other than tethering....

No - you can have containment and still tether your dog. The way it reads, you can have a fenced back yard and tether your dog at the front if you choose.

[Greytmate]

I'm assuming this isn't legal, but does anyone know?

I would need to walk past again to get address details before I make any calls etc.

Whether we know or not, we are going to reply anyway. I hope this helps.

I assume you are in Brisbane and not in Logan or somewhere else?

Brisbane City Council

Animals Local Law 2003

21

Division 2—Duty to avoid nuisance

Duty to avoid nuisance

32. A person must not keep an animal if, in the opinion of an authorised person,

that animal—

(a) causes a nuisance; or

(b) exposes the health and safety of other persons and animals to

significant risk; or

© creates a reasonable apprehension in the minds of other persons of a

significant risk to the health and safety of persons and animals.

Maximum penalty—20 penalty units

Brisbane City Council law

Division 3—Standards for keeping animals

12. Minimum standards for keeping animals

(To be read with section 21 (Prescription of minimum standards) of the local

law)

Table 4 of the Schedule to this Subordinate Local Law prescribes the minimum

standards for the keeping of certain animals.

Dogs Fencing and

enclosures.

1. Within 30 days of acquiring a dog the keeper

must provide fencing or an enclosure to keep

the dog confined to the premises where the dog

is ordinarily kept.

2. The minimum height of the fence must be

sufficient to prevent the dog jumping or climbing

the fence.

3. If the dog is a good climber' date=' the fence must

be constructed in such a way as to prevent the

dog from climbing over the fence.

Example—a lean-to-section constructed at the top

of the fence to all sides, including any gates. The

lean-to should be at an angle of 45º inwards to the

enclosure and a minimum of 400mm wide and

constructed of chain wire and/or weldmesh on

suitable supports.

4. If the dog is a digger, a barrier is installed

directly below the fence which is adequate

to prevent the dog digging its way out. [/quote']

BCC subordinate local law

That's the local laws, there is also a QLD state law about menacing dogs that could apply to this, but I can't be bothered looking for it.

Put a complaint to BCC in writing. They don't want to get sued when it bites somebody, so let them know how aggressive the dog is and how scared you are of it.

[minxy]

Thanks for that Greyt, I never found that info when I looked!

[Boronia]

There is a dog near where I live that is on a chain which is attached to an overhead wire strung between a tree and a post. When I did walk along the street with the little guys,the dog rushes, barking and growling, to the end of is chain/overhead wire so fast that it swings up with the momentum (the dog I mean...not the wire), it then continues barking and pivoting on its chain, carrying on aggressively until I am out of sight.

Needless to say I don't go that way anymore...it's pretty scarey

[Pretty Miss Emma]

I did some more thinkng about this and everything I provide here may not be relevant because I'm in Vic, but I did remember reading something about dogs rushing at people and minimum distances etc. Anyway so I did a little hunting. So remember this is in Victoria, but maybe there is something equivalent in Qld.

From...

My link

"Legal requirements for dog owners

Under the Domestic Animals Act 1994, all dog owners must securely confine dogs to the property. This means your yard must have a closed gate, and an escape-proof fence that your dog can not jump, get under or through.

Legally, visitors must also have safe access to your front door, without being stopped by your dog.

If your dog could get through your gates or fencing, you can be fined even if it doesn't actually leave your property.

Magistrates have the power to require owners of pets that have escaped to carry out works to ensure this does not happen again. To make sure your dog is properly confined, keep it in the backyard behind a locked gate.

Legal consequences if your dog rushes at or chases someone

If your dog rushes at or chases someone, you could be fined, and your local council can declare your dog to be a ‘menacing dog'. This means you will have to microchip it and you may have to leash and muzzle it in public.

If you do not comply with these requirements, council can then declare your dog to be a ‘dangerous dog'. There are very strict controls on the housing, exercise and ownership of dangerous dogs.

Legal consequences in the event of an attack on a person or another animal

You are liable if your dog attacks a person or animal outside your property, or someone trying to get to your front door. You are also liable if your dog attacks someone who has been invited onto your property.

An attack by your dog can lead to court action. If convicted, owners can face substantial fines. This is in addition to damages, which may potentially be thousands of dollars. In such situations, dogs are often ordered to be destroyed or declared dangerous. Strict ownership controls are imposed on dangerous dogs for the rest of their lives.

Other reasons to confine your dog in the backyard

Apart from the legal consequences, an attack can be very distressing for all involved. This is particularly the case if the victim is a child or is badly injured.

If securely confined, your dog will be safe from traffic injuries or fights with other dogs. It will also be prevented from wandering and becoming lost.

It's easy to prevent most dog attacks in public places, just by confining dogs. That's good news for the reputation of our pets and for responsible dog owners.

So for the safety of your dog and everyone else, remember–confine your dog. Backyard is best!"

From...

My link

"Dog owners:

* Confining dogs to their property could prevent 80% of dog attacks in public places.

* Your yard must have a closed gate, escape proof fencing, and visitors must have safe access to the front door.

* All dogs can be territorial. Most dog attacks in public occur on the footpath or road in front of the dog’s property.

* You can be fined if your dog isn’t securely confined, or if it rushes at or attacks a person or animal."

From...

My link

12. Housing Minimum Standards

* Dogs must be provided with a weatherproof sleeping area and shelter from sun, wind and rain.

* Kennels must be large enough for the dog to stand, turn around and lie comfortably.

* Dogs must be confined to the property at all times, unless under the effective control of the owner or handler.

* The area a dog is confined to must have secure fencing that the dog cannot get over, under or through.

* Where dogs are housed in enclosures or restricted areas they must meet the minimum size requirements as listed in Appendix 4.

* Enclosures need to allow dog(s) to move around freely, to urinate and defecate away from the sleeping and eating areas and be cleaned daily so that enclosures are free of faeces.

* Vehicles must not be used as permanent housing for dogs.

* Each dog must have its own sleeping area and food bowl.

* Dogs must be given adequate daily exercise outside of enclosures.

* Adequate ventilation must be provided if dogs are housed in enclosed areas or buildings.

* All housing areas for dogs must be maintained in a safe, clean and hygienic condition at all times.

The following requirements are part of the Code of Practice for the Tethering of Animals:

* Tethered dogs must be trained to accept tethering and require greater supervision and owner vigilance than other untethered animals.

* Water and weatherproof shelter must be available and within the dog’s reach at all times.

* Collars must be fitted with a swivel to which the tether is attached and be checked daily.

* Dogs less than four months old, bitches in season and bitches about to give birth must not be tethered.

* Dogs must not be tethered to movable objects or adjacent to a fence in a manner that places them at danger of death by hanging.

* Dogs must be given regular daily exercise off the tether.

I feel like I read somewhere (no idea where) that rushing to within 3m of someone means that the dog could be reported as being menacing. But can't find that, so maybe my mind made it up!!!

But like I said this is all victorian stuff, so maybe there is something equivalent for Qld.

I was interesting reading through all these acts as when I looked at it so many of the minimum standards aren't met by people, yet it's rare to see something done about it! I guess it comes down to knowing the standards and then reporting if you see them breached.

Good luck with your quest!!! I know it's probably stressful for you and others in the community, but I was also thinking that dog is probably also under a great deal of stress in that environment.

[Greytmate]

Yes there is an equivalent QLD state act.

ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008

Council enforces the act. If this animal is reported, depending on its behaviour the owner will either be required to keep the dog enclosed in the backyard, or the dog may be declared menacing.

[Mystiqview]

There's the

Animal Management Act (Cats and Dogs) 2008 (OR relevant state legislation)

Animal Management Regulation

Local law (relelvant to your local council)

The local law is generally found on your local council's website....

[Online Pets]

It may not be the same in every state but im pretty sure its not illegal