Dangerous Dog Laws

[Everythings Shiny]

Ok, so we have had an update from the local council, on what's going on....

So the piece of paper says DANGEROUS not restricted.

Both his parents have been declared dangerous, as the mum got out and half mauled another dog... That's not unusual for the mother as she is a bitch like that. The dad who is like rocksteady has been declared as dangerous aswell. They have done a cull on the puppies, therefor we got a notice aswell....

It has been said that there is pitbull in them, by the owner of the dog that got mauled. As they live in the same street ect, and have for a number of years.

We know the mother is a pure bred bullmastiff, as she has papers.... The dad was brought from a stud, I won't say the name on hear, incase I'm unable too... And is a neo mastiff x amstaff...

Why rocksteady came out white none of us know. Out Of 8 pups, he was the only one. All the others came out normal.

When I registered rocksteady, I registered him, as a bullmastiff x bandogge. I didn't lie on the papers.

I also checked with the council before registering him.

I haven't seen any other bullmastiffs in our area, and most of our street know rocksteady pretty well, and often say hello on there way past. He doesn't really bark at anything, more at his tennis balls, when they bounce away from him.

Rocksteady isn't the smartest dog on earth... And really is docile... I wouldn't say he couldn't be dangerous, because all dogs can be, but he is just too babied,.

My last two dogs, that passed away, we're a pitbull, and a bull terrier, but never had the problem with them with council, state laws, as it was in Victoria... Well before the laws and restrictions came into place.

Greatdanerescue, I can see where you were coming from, I wasn't going by a picture... As there is a chihuahua across the road who has too have a warning sign on the fence because it is a nasty little bugger....

What sort of papers does the mother have? Did you see the pedigree papers or did they tell you that they have "papers". The father is from a stud? He's a crossbred dog! I don't know of any "stud" who would be selling crossbred sires...

Yes we have seen the papers for the mother.... As the parents owners are good friends of ours. He originally wanted to put the female over another bullmastiff, but his male dog got in first.

And yes there are two studs in Queensland that breed bandogges. I know they can be a cross breed, if they are not bred properly, and I know ppl who just breed them with anything,.

There are also several types of 'bandogge' although rocksteadys dad is classed as a Australian bandogge.

Okay :) Thanks for clearing that up.

[Rebbecca]

So they are declaring your dog because his parents attacked another dog?

I am not wel versed in the QLD legislation, only

NSW, but there is no way you could

Declare a dog in NSW based on that and from memory of looking through the QLD legisllation it was similar. I would find it very hard to believe that what they are doing is as per the Act.

You will have an amount of time to appeal this declaration in court (in NSW it's 28 days. Not sure about QLD). Ensure you lodge the appeal within this time frame or you will be forced to comply without question. There should be instructions on how to do so in the paperwork they gave you.

Please seek legal advice from a solicitor that has a good understanding of your Act.

ETA: sorry for spelling mistakes - iPhone.

The OP has said the paperwork is declaring her dog dangerous, not restricted, so they are not declaring based on his breed.

Ok I've just looked up the QLD act and it says in regards to declaring dangerous or menacing dogs:

This is Part 4, section 89:

(2) A dangerous dog declaration may be made for a dog only if

the dog—

(a) has seriously attacked, or acted in a way that caused fear to, a person or another animal; or

(b) may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.

(3) A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious.

You say your dog has done neither, therefore they cannot declare your dog. You need to ask them to show proof that YOUR dog has done one or more of these things, not his parents.

Link here:

http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2008/08AC074.pdf

Right, exactly....

This is where our problem lies, and I'm not saying that I'm the only person in rocky going thru this, as it was at one stage, they were even checking that staffys were in fact staffys. A few dogs were confiscated and fines were given out. So there has been a crack down on dogs.

I'm unclear of why we get slapped with a notice because of the parents... Hence while we are doing everything we can to ensure that he is ok. Although to the best of my knowledge he has never been out our gates, on his own... As we have a very secure yard. Our neighbors all love him, and often stop for a hello thru the neighboring fences. He doesn't bark, and really isn't a menace. If he isn't outside, he is generally inside.

[melzawelza]

If your paperwork says 'dangerous' and not 'restricted' as you've said, then they're not acting based on breed, do leave that for now (doesn't mean they won't try it later).

Call them up, quote that section of the act to them and tell them you would like, IN WRITING, a description of the supposed incident fitting that description that your boy was involved in.

[LizT]

If your paperwork says 'dangerous' and not 'restricted' as you've said, then they're not acting based on breed, do leave that for now (doesn't mean they won't try it later).

Call them up, quote that section of the act to them and tell them you would like, IN WRITING, a description of the supposed incident fitting that description that your boy was involved in.

It sounds to me like they are declaring the dog dangerous based on his breeding and using the actions of his parents as justification.

[GeckoTree]

On the paperwork handed to you by the animal management officer it should say you have up to 28 days to appeal the declaration along with the reasons being made to declare the dog. I would not wait till the 11'th hour to do this.

Edit, or what ever time frame was stipulated.

Edited April 26, 2012 by GeckoTree

[persephone]

If your paperwork says 'dangerous' and not 'restricted' as you've said, then they're not acting based on breed, do leave that for now (doesn't mean they won't try it later).<br style="color: rgb(34, 34, 34); font-family: verdana, tahoma, arial, sans-serif; line-height: 18px; background-color: rgb(238, 242, 247); "><br style="color: rgb(34, 34, 34); font-family: verdana, tahoma, arial, sans-serif; line-height: 18px; background-color: rgb(238, 242, 247); ">Call them up, quote that section of the act to them and tell them you would like, IN WRITING, a description of the supposed incident fitting that description that your boy was involved in.

..DEFINITELY.

Obtain legal advice

..and be factual and direct , and have proof of everything you say , as you are asking them to do.

Best of luck.

[melzawelza]

If your paperwork says 'dangerous' and not 'restricted' as you've said, then they're not acting based on breed, do leave that for now (doesn't mean they won't try it later).

Call them up, quote that section of the act to them and tell them you would like, IN WRITING, a description of the supposed incident fitting that description that your boy was involved in.

It sounds to me like they are declaring the dog dangerous based on his breeding and using the actions of his parents as justification.

They can't declare the dog dangerous based on its breeding. They can only declare it restricted for that reason.

If they have decided to declare the dog dangerous, not restricted then the dog itself must have seriously attacked - its all there in the link to the act I posted.

[Guest Arcane]

The mother may have what ANKC registered breeders would consider 'papers', or she might have a photocopy of the grandmothers ANKC papers to prove this dog has 'come from pedigree lines', or maybe The regional Bullmastiff admirers group 'papers'. The father probably comes from a 'Bandogge' stud farm legitimised in the same way as DooddleWhoodle farm justifies they are registered and produce dogs with DoodleWhoodle papers.

The point being the average jo has no idea about what ANKC breeders really are or what they really mean.

Papers ain't papers anymore. ANKC & state bodies need to help the general public understand the difference before it's too late, or maybe it already is......

[bulldogz4eva]

I think the problem is becuase you registered him as a bandogge cross and maybe the over zealous ranger is thinking he is doing the right thing becuase one of the parents had a scrap with another dog.In the end they have to prove he has pitbull in him so I wouldnt lie down and take it from them.I dont understand the declaration if the mother is bullmastiff obviously she is not restricted breed and declared dangerous becuase of her actions.How can the father be declared dangerous if he was not involved?How can your dog be declared dangerous if it doesnt contain any restricted breeds and hasnt done anything,bizarre.I would tell him to f*** off.I have a bullmastiff bitch that is exactly the same,she is same sex aggressive does not tolerate other bitches at all.

They have to prove dog has restricted breed and if the sire came from who I think it did just call them up as they can confirm it.I think they eexpect you to accept it but you dont have to, they have nothing.

[melzawelza]

I think the problem is becuase you registered him as a bandogge cross and maybe the over zealous ranger is thinking he is doing the right thing becuase one of the parents had a scrap with another dog.In the end they have to prove he has pitbull in him so I wouldnt lie down and take it from them.I dont understand the declaration if the mother is bullmastiff obviously she is not restricted breed and declared dangerous becuase of her actions.How can the father be declared dangerous if he was not involved?How can your dog be declared dangerous if it doesnt contain any restricted breeds and hasnt done anything,bizarre.I would tell him to f*** off.I have a bullmastiff bitch that is exactly the same,she is same sex aggressive does not tolerate other bitches at all.

They have to prove dog has restricted breed and if the sire came from who I think it did just call them up as they can confirm it.I think they eexpect you to accept it but you dont have to, they have nothing.

Can't say for sure about QLD but in both NSW and VIC the onus is on you to prove that your dog ISN'T a restricted breed. The ways in which you go about that is different in each state but the onus is still on you, not the Council.

That's all not really relevant though as the dog is being declared dangerous, not restricted.

[WExtremeG]

How do they even know that your dogs' dam attacked another dog- are you in a small town or something?

[Rebbecca]

How do they even know that your dogs' dam attacked another dog- are you in a small town or something?

I don't know probably the next door neighbor... He is mrs mangles, has a pen and paper handy for every car or person that enters the street

[Steve]

If the dog is declared dangerous - it has to be about its behaviour - not its parents or any other relative. So you need a description of what that behaviour was in order to be able to appeal that or at least have knowledge of what it is that the dog is accused of doing.

If its just restricted then that is about its breeding.

You have to prove a dog is not restricted but they have to prove a dog is dangerous

[WExtremeG]

Definitely ask what your dog has (allegedly) done- and then for proof.

[LizT]

If your paperwork says 'dangerous' and not 'restricted' as you've said, then they're not acting based on breed, do leave that for now (doesn't mean they won't try it later).

Call them up, quote that section of the act to them and tell them you would like, IN WRITING, a description of the supposed incident fitting that description that your boy was involved in.

It sounds to me like they are declaring the dog dangerous based on his breeding and using the actions of his parents as justification.

They can't declare the dog dangerous based on its breeding. They can only declare it restricted for that reason.

If they have decided to declare the dog dangerous, not restricted then the dog itself must have seriously attacked - its all there in the link to the act I posted.

If the dog is declared dangerous - it has to be about its behaviour - not its parents or any other relative. So you need a description of what that behaviour was in order to be able to appeal that or at least have knowledge of what it is that the dog is accused of doing.

If its just restricted then that is about its breeding.

You have to prove a dog is not restricted but they have to prove a dog is dangerous

Yes, that is what I thought. So maybe the Ranger isn't too 'up' with what's what? You definitely need to find out what your dog is "alledged' to have done, which appears to be nothing. Then if the Ranger is saying it is based on what his parents have done you have those links to point out he is barking up the wrong tree. Leastways if he has got out and done something you should have had the alledged "event" pointed out to you.

Edited April 27, 2012 by LizT

[SevenSoda]

1335242150[/url]' post='5810576']

1335241830[/url]' post='5810566']

1335239692[/url]' post='5810524']

Hi guys,

I was wondering if someone could please shed some light on my situation.

We have a bullmastiff cross bandog, he is only a year old. I have done everything right by the council, he is micro chipped, and registered. He has a secure fence, ect

Rocksteady is the most placid dog probably in our town, ( across the roads fox terrier thing is probably more vicious) he loves kids, cuddles and as much attention one person is willing to give, big smoocher!!!

Yesterday we had the local council ranger come past our place, with a piece of paper, declaring rocksteady a dangerous dog. We has never gotten out, never gone for a person, and doesn't even bark at ppl walking past... If anyone was planning on breaking into our house, well he would happily invite them in!!!

The ranger stated that they will be taking more action against us, but we are totally stumped on what grounds they have.

We plan on fighting this, as there is no way known they are taking him.

They have given us no explanation as to why... Which concerns us. Although it was mentioned that bandogs are illegal.... I checked with the council when he was registered and the answer we got was that they were not.

Has anybody else had this problem? Or can give us some advice?

I just googled "Bandog" & up came adds for breeders & puppies for sale in Queensland...so they can't be too illegal.

Google Pit bull puppies and see just how many come up and how much people are paying from them ;) It's not really a good indication of whether a breed is banned or not but all you have to do to be sure is look at the legislation and 'Bandogs' are not on any of the lists Australia wide from my understanding.

However - is a bandog not a cross breed that is made up of Pit Bull and various other breeds? If so, maybe they are declaring your dog restricted based on this?

A bandogge is a cross between a neo mastiff and a amstaff, no pit bull in them. Well our dog is registered as exactly what he is, a bandogge x bullmastiff, and some say they not illegal, some say they are. Who knows. Qld is such a backwards state!

While the Bandog is still a relatively rare breed, those familiar with a well bred Bandog often develop the opinion of it being the perfect protection dog for their needs. Various programs have used the American Pit Bull Terrier, American Staffordshire Terrier, English Mastiff, and Neapolitan Mastiff for foundation breeds

[Salukifan]

While the Bandog is still a relatively rare breed, those familiar with a well bred Bandog often develop the opinion of it being the perfect protection dog for their needs. Various programs have used the American Pit Bull Terrier, American Staffordshire Terrier, English Mastiff, and Neapolitan Mastiff for foundation breeds

I think the Bandog could more accurately be described at this point in time as a "type", much like the Bull Arab. Without a breed registry and maintenance of pedigrees, anyone with a few molossars and a few bullbreeds can churn out pups and label them in this manner.

And importantly in Qld, without proof of parentage, any big crossbred dog of a certain type will be in the firing line for BSL.. although in this case it's not those laws that are being applied.

Edited April 27, 2012 by Haredown Whippets

[Greytmate]

If you can afford a lawyer, get one.

You can ask for them to provide things in writing, but if you want to know everything, apply under your council's FOI (Freedom of Information). There is an admin fee, and names will be blacked out, but it will give you a copy of everything they have on your and your dog.

The act is very clear about dangerous dogs, menacing dogs and restricted dogs, and it is outrageous that your dog would be declared dangerous because of what its parent did.

Also, although Rocksteady sounds like a lovely dog, what his parent did should be taken as a warning of what he might be capable of if certain circumstances occur that are beyond your control. Not a dog to let off lead outside your property.

Good luck with this.

[Diva]

Definitely ask what your dog has (allegedly) done- and then for proof.

This.

They think he has been involved in an incident and you need to find out what that is if you don't already know.

If he was being classed as restricted based on his parents coming to the authorities attention I could buy it, but not dangerous.

[Everythings Shiny]

If you can afford a lawyer, get one.

You can ask for them to provide things in writing, but if you want to know everything, apply under your council's FOI (Freedom of Information). There is an admin fee, and names will be blacked out, but it will give you a copy of everything they have on your and your dog.

The act is very clear about dangerous dogs, menacing dogs and restricted dogs, and it is outrageous that your dog would be declared dangerous because of what its parent did.

Also, although Rocksteady sounds like a lovely dog, what his parent did should be taken as a warning of what he might be capable of if certain circumstances occur that are beyond your control. Not a dog to let off lead outside your property.

Good luck with this.

Maybe other related dogs have been involved in attacks too. Council is obligated to protect the community. For all we know, other dogs related to rocksteady have been involved in incidents as well and council maybe trying to cover their backsides. Or it could be a case of mistaken identity.

Good luck!