Please Settle An Argument For Me

[Ker]

I'm in the middle of an argument on a different forum. Girls greyhound killed a cat that was in her yard, where her dogs were contained. The grey has killed possums twice. Some people are saying "OMG, the dogs are going to eat your kids" :rolleyes: but that's too stupid to get into.

Another girl is saying that if she admits her dog has killed animals, even in their own backyard, the dog will be seized and destroyed or get a dangerous dog tag slapped on it. She says she worked for Wodonga, VIC and Burwood, NSW councils in dog control. Is this true?

She also says that the council she is in now, you cannot own a dog at ALL. Do we really have councils like this???

[wagsalot]

She also says that the council she is in now, you cannot own a dog at ALL

I don't know about the others, but I find this one a bit hard to believe

[rubiton]

Yes - and in SA the Dog and cat control board somewhere has a link to legislation that if a dog attacks an animal or person that goes into its yard without the owners knowledge where it is contained then the dog is not to blame (there is proper wording but basically if a dog kill sa cat that wanders into its backyard the dog owner is not liable). However there are different rules for different states let alone councils

[Cat]

She also says that the council she is in now, you cannot own a dog at ALL

I don't know about the others, but I find this one a bit hard to believe

I have heard of some housing developments where you are not allowed to own dogs. Perhaps that is what she means?

http://www.portstephens.nsw.gov.au/files/60325/File/22.PartC6-TanilbaBay-KoalaBayEstate.pdf

C6.C11

[Tilly]

When it comes to dog bites/attacks/killings - the council doesn't distinguish between private and public lands.

Technically - yes the dog can be declared dangerous for killing the cat ... even if it is safely contained in its own yard but one would hope common sense should determine that because the dog was contained and the cat was an unwelcome visitor ... the dog shouldn't be punished ... but since when has common sense come into play.

According the Brisbane City Council - my dogs can be declared dangerous if someone sticks their hand under/over/through my fence or if they climb over my fence and enters my yard (even without my permission) and is bitten by my dogs. It mainly depends on the determination of the inspector/investigator.

Edited July 21, 2011 by Tilly

[Maddy]

I find it a little hard to believe that a dog that kills another animal on its own property would be considered a dangerous dog (unless the animal was another dog and then I think it's a little more reasonable to be concerned).

One of my greyhounds gets the occasional starling and both of my greys would go after a cat if they got the chance but that doesn't make them "dangerous" (and they'd certainly never harm a child- it's the girl we have with the really high drive that's actually the best with small children).

If my neighbours were concerned about the safety of their cats, I guess they'd keep them on their own property, like I do with my dogs I'm afraid I don't have a whole lot of sympathy for people who let their animals roam.

[Tilly]

I guess they have to prove the dog killed the cat ... at my place there probably wouldn't be a body (or at least very much of it left) ;)

[murve]

Ok I have a silly question to add Ker

Do you know if the attack to place during the day or night ???

Also do have any idea which state this attack happened ???

Being a Greyhound (sighthound group) they are a natural prey dogs especially if it has already been trained to chase, even if they havent been taught it still a risk you take having this type of breed

[Maddy]

I guess they have to prove the dog killed the cat ... at my place there probably wouldn't be a body (or at least very much of it left) ;)

I dunno.. our guys have gotten brushtail possums before and on the one occasion they managed to actually start eating before losing their prize to a plastic bag in the bin, it looked as if someone had blown up a possum filled only with possum fur in our yard. Fine, fluffy fur everywhere from where the naughty hound who got the possum has started plucking out its belly fur before eating

There was definitely no doubt that the crime had occured.

Our neighbours have finally cut back some of their overhanging trees so hopefully next summer, we won't have to worry about the possums. Cats on the other hand.. we still have to watch for and shoo off when they start hanging around on the fence. It shouldn't be my responsibility but I can't handle the thought of having to get a dead or dying cat back off the dogs.

[Ker]

It was in NSW, at night. The dog didn't eat the body, just killed it and left it there. The owner thought it was a possum until she went and had a better look.

Oh and dog was a GAP adoptee.

Edited July 21, 2011 by Ker

[Isabel964]

My understanding is that a dog can not kill or threaten, even on its own property. That is why a dog that injures a child that wanders onto the dog owner's property is put down.

I think its a bit tough for dog owners where the dog kills a cat on the dogs property - because its in the dog's nature to go for a cat. As a cat lover, I think its tragic that a cat gets killed by a dog if the dog is on its own property - but I would not sue the dog owner. I just can't blame a dog for killing a cat on its own property. Some dogs are so domesticated they would only chase the cat, but some would absolutely kill.

I have wondered about what happens when a cat goes into your backyard and kills one of your pet chickens - But I don't know how that is treated.

Edited July 21, 2011 by Sky

[trinabean]

Ok I have a silly question to add Ker

Do you know if the attack to place during the day or night ???

Also do have any idea which state this attack happened ???

Being a Greyhound (sighthound group) they are a natural prey dogs especially if it has already been trained to chase, even if they havent been taught it still a risk you take having this type of breed

I would have thought that the greyhound, safely contained in his yard was not at fault and that risk was entirely the cats'?

Doesn't the cats' owner have any responsibility? The roaming cat could just have easily been hit by a car or be causing untold damage to wildlife.

[ChristineX]

With regards to cats, in Perth, your backyard and your dog kills a cat that wandered in, thats a sad story, and in the rangers words "its sad, but...." Certainly the owners of the cat that Duke killed tried their best to at least have Duke declared a dangerous dog, without success. And Duke is certainly not a danger to people (other than being too boisterous).

The owner of the cat was asked several times to not let his cat in my backyard.

Had this occured on the street, that would have been a whole other story.

Christinex

[Maddy]

Had this occured on the street, that would have been a whole other story.

It probably depends a lot on the individual circumstances as we've had a grey we adopted out kill a neighbour's cat off their property and the council investigated and decided that no action against the dog was necessary.

The front door was accidentally left open and the cat was on their front porch- cat was chased to and killed on the road in front of their house- public land. Presumably though, because the chase started at the dog's front door, it's a different story (the cat also had a history of sitting on the lounge room window ledges, right at the dog's level).

The neighbours (as far as I've been told) were basically informed that because their cat was on the property of the dog when the attack started, they were SOL. Lesson learned for them, I suppose.

Typo

Edited July 21, 2011 by Hardy's Angel

[SkySoaringMagpie]

Establish which state it is in and take a look at the local laws. The internet is a poor substitute for understanding the law.

I would be very surprised if a dog securely contained in its own yard could be done for killing an animal that wandered into that yard. I think it's also highly unlikely that killing a cat will translate to human aggression.

If you own a sighthound, you own a hunter. Not the first cat to die this way, and certainly unlikely to be the last - which is why it's important not to let cats roam.

[poodlefan]

Arguing with people who don't understand dogs won't do much other than raise your blood pressure.

Anyone who thinks a dog that kills a cat in the dogs own yard can be seized should be ask to cite the law - to my knowledge it doesn't exist.

People who think a sighthound can't tell the difference between a small prey animal and a child are too stupid to bother with. Statistically the greatest canine threat to the safety of any child is the dog in their own home.

Edited July 21, 2011 by poodlefan

[murve]

I did an inquiry & found out that cats are suppose to be locked up at night

I spoke to some people I know that live in NSW & they have cats

[Rebanne]

It was in NSW, at night. The dog didn't eat the body, just killed it and left it there. The owner thought it was a possum until she went and had a better look.

Oh and dog was a GAP adoptee.

which has no bearing at all on the subject. GAP greyhounds are not stuffed toys, they are still dogs and like a lot of dogs, some don't like possums, cats, birds etc.

[Mrs Rusty Bucket]

This is the NSW legistlation

http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/index.html

This section 16 where dog attacks animal or human...

http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/s16.html

This is the relevant exception

(b) as a result of the person or animal trespassing on the property on which the dog was being kept,

So if the person or animal has been invited on to the property (like a vampire) and the dog attacks it, then dog and owner are in trouble but if a cat jumps the fence, especially after the cat owner has been advised to keep their cat out - no foul by the dog.

Note a dog that has previously been declared dangerous has more restrictive requirements ie a dog proof (and presumably cat proof) run.

I don't know of any councils in NSW that ban dogs. Some restrict how many you can have. It does sound suspiciously similar to "when you hear the icecream truck playing that tune, it means the truck is sad because it has no icecream left". Or my personal fave "If you're really quick you will find chocolates under your pillow, but if you're too slow - they will disappear". Guarranteed to work on annoying little siblings. Ie someone told that person that because they don't want to deal with "can we have a puppy".

The neighbours cats on both sides of my place died within a year of me getting my dog - the neighbours said natural causes but I'm inclined to think "heart attacks".

[Ker]

Oh I wasn't saying anything bad about GAP dogs. Gap is a fantastic organisation. Just giving more info The owner REALLY loves her dogs and I think she's worried now.

The girl waffling on about the council laws can't cite a single website to back up her claims. I think she's talking out her ass. I am a cat lover as well as a dog lover and I think the owners of the CAT are at fault for letting their cat roam.

Mrs RB, that's the site I quoted and interestingly, she hasn't addressed it.