Agility Dogs Posted November 8, 2013 Share Posted November 8, 2013 I have been bad - I got fined for having my dogs off lead the other week. I can rationalise it any way I like (don't like dog parks, dogs are harassed in dog parks, too hard to train etc etc.) but the bottom line is that while I was 'only' doing group stays and recalling one dog at a time across a 5m distance I broke the rules. Fair enough. Interesting point - dogs not in a dog park can only be considered to be under effective control if they are on lead. Just because they are on lead does not mean that they are under effective control. My first reaction was to appeal and ask for a re-assessment of the fine and hopefully have it down graded to a warning. (I subsequently decided against it - not worth annoying the council and easier just to pay the fine.)BUT in so doing I found a few interesting points in the council's by-laws. (Brisbane City Council.) 1. Dogs on leads in excess of 2m in length are not considered under effective control. (Extender/retractable leads are therefore not legal when they are let all the way out.) 2. (And this is the scary one after reading a lot of the commonly held beliefs on DOL.) There is no mention of 'at fault' or circumstance in the determination of whether a dog is deemed dangerous or not. It simply states (and I'm paraphrasing) 'If a dog takes another animal (or any part of the animal) in its mouth regardless of whether it inflicts a wound or not it is considered dangerous. Likewise if the dog rushes another animal in a manner that causes concern it could be deemed dangerous.' So......If another dog or (more likely) cat comes into my yard and my dogs injure the animal they are technically at fault and could face dangerous dog restrictions. Similarly if an off lead dog rushes up to my dogs when they are on lead there is no excuse for a less than friendly response. It seems unlikely that the scenario in my second point would play out that way, but in reading the rules that is the way they are written. 3. The rules state that any individual should only walk one dog unless they are physically capable of restraining multiple dogs. (Apparently its ok to have one dog that you can't physically restrain if you need to.) Just thought I'd mention it. I'm not suggesting that any of these rules are right or wrong, it just surprised me how they are worded and how they could be enforced. Oh - and make sure your dogs are on lead in and around the inner eastern suburbs. (The guy who got me was hiding in behind houses adjoining the park.) Link to comment Share on other sites More sharing options...
melzawelza Posted November 8, 2013 Share Posted November 8, 2013 I'd read your QLD legislation to get a better idea - I would be very surprised if there is no defense for provocation or for trespassing (there is in NSW). You might just find that the Council have simplified it for their website (although I would argue it's important to have that information in there). Link to comment Share on other sites More sharing options...
Steve Posted November 8, 2013 Share Posted November 8, 2013 I have been bad - I got fined for having my dogs off lead the other week. I can rationalise it any way I like (don't like dog parks, dogs are harassed in dog parks, too hard to train etc etc.) but the bottom line is that while I was 'only' doing group stays and recalling one dog at a time across a 5m distance I broke the rules. Fair enough. Interesting point - dogs not in a dog park can only be considered to be under effective control if they are on lead. Just because they are on lead does not mean that they are under effective control. My first reaction was to appeal and ask for a re-assessment of the fine and hopefully have it down graded to a warning. (I subsequently decided against it - not worth annoying the council and easier just to pay the fine.)BUT in so doing I found a few interesting points in the council's by-laws. (Brisbane City Council.) 1. Dogs on leads in excess of 2m in length are not considered under effective control. (Extender/retractable leads are therefore not legal when they are let all the way out.) 2. (And this is the scary one after reading a lot of the commonly held beliefs on DOL.) There is no mention of 'at fault' or circumstance in the determination of whether a dog is deemed dangerous or not. It simply states (and I'm paraphrasing) 'If a dog takes another animal (or any part of the animal) in its mouth regardless of whether it inflicts a wound or not it is considered dangerous. Likewise if the dog rushes another animal in a manner that causes concern it could be deemed dangerous.' So......If another dog or (more likely) cat comes into my yard and my dogs injure the animal they are technically at fault and could face dangerous dog restrictions. Similarly if an off lead dog rushes up to my dogs when they are on lead there is no excuse for a less than friendly response. It seems unlikely that the scenario in my second point would play out that way, but in reading the rules that is the way they are written. 3. The rules state that any individual should only walk one dog unless they are physically capable of restraining multiple dogs. (Apparently its ok to have one dog that you can't physically restrain if you need to.) Just thought I'd mention it. I'm not suggesting that any of these rules are right or wrong, it just surprised me how they are worded and how they could be enforced. Oh - and make sure your dogs are on lead in and around the inner eastern suburbs. (The guy who got me was hiding in behind houses adjoining the park.) Make sure your dogs are on lead everywhere all the time unless its an off leash area - because its against the law . Link to comment Share on other sites More sharing options...
Agility Dogs Posted November 8, 2013 Author Share Posted November 8, 2013 Make sure your dogs are on lead everywhere all the time unless its an off leash area - because its against the law . Until recently they have been unless I was training or at a trial. Now they are all the time unless I'm training at club or at a trial. :) I guess some of us have to learn that we aren't above he law the hard way. Link to comment Share on other sites More sharing options...
hankdog Posted November 8, 2013 Share Posted November 8, 2013 I have to be very careful because if this. I walk my reactive dog with a harness leash going to my waist belt and his collar leash in my hands. If an off leash dog gets bitten by him he's not automatically going to be in the clear. I've spoken to the ranger and he says that all circumstances are taken into account so it's not likely I would be at fault if another dog rushed mine but I own a bull breed so I don't like my chances. This is why I go to extreme lengths to avoid other dogs and get really cranky at people who allow their dogs to be off leash. They are endangering my dog. Link to comment Share on other sites More sharing options...
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