Dog got out and I got fined for not having the dog under control

[Sandrake]

My stuffy got out, this is the second time by the way. He ran across the road because there was another dog. I got fined $300 by the ranger who received notification from a neighbour that the dog actually attacked his dog. There was no attack at all! Anyways the ranger downgraded the offence from dog attack to having the dog out and not under control . The time of the offence is wrong and I told him that but he didn’t bother to change it to the correct time. I am going to court with this now as I do not want to pay for something that has wrong information on it. I admitted to it but I don’t think it’s a fair fine as it was an accident. Will I have a chance at court? 

[sheena]

With or without an actual attack, it must have been very scary for the person with the other dog 

[Loving my Oldies]

Accident or not (second time ??), the dog was not under your control.  I agree that the time should have been entered correctly on the form, but I doubt if you have a sound argument to put to the court.   

 

Last year, I received a refund of expenses charged by my super fund and the first thing I did was to have new fences installed.  

[Deeds]

Have a look at the Animal Companion Animals Act NSW 1998 No 87.  Part 3 Responsibilities forControl of Dogs. 12A Preventing dog from escaping etc

 

https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-087

 

I wish the council rangers were that prompt in my area.  I doubt whether I would be taking the matter to court.   Particularly if it's not the first time the dog has escaped .

[tdierikx]

As per the legislation posted above by @Deeds, even if the dog just rushes at or approaches anyone or anything in a way that causes the target fear, that is deemed an "attack"... just so you know. Even if your dog is just over-friendly and runs at people for a pat, or wants to play with other animals, it can still be deemed an "attack" if the approach is not wanted.

 

The fine you received was pretty lenient actually, as you could also have had them hit you for "not under effective control", and if your dog wasn't wearing a collar/tag, they could have thrown that in too... not to mention "menacing" or "attack" could have been thrown at you.

 

If you are going to fight the fine in court, be aware that if you lose, the costs may be much higher than the original fine. Personally, I'd suck it up and pay the $300, and make all attempts possible to keep your dog secured to your own property in future. Escaping once is an accident, but any further escape is frowned upon.

 

T.

[Boronia]

For goodness sake just pay the fine, your dog was outside your premises and not under control, he ran across the road towards another dog.

You are 100% responsible so put on your big-boy boots and own your mistake and don't let it happen again.

Uncontrolled dogs are a menace and make the ordinary just-taking-my-dog-for-a-walk time from a pleasurable exercise into a fearful excursion.

[Kazm]

I agree with Boronia, just pay the fine. Take it from someone who had their dog savagely attacked while out walking, that a dog racing across the road towards you or your dog is a very scary thing and personally I’d say fix your yard so your dog can not escape. As a dog  owner take responsibility. 

[Deeds]

I agree with all of the above comments.  Plus do you really want to draw attention to yourself and put yourself permanently on the council's radar.

 

I have no doubt the dog will escape again as you don't seem to realise the seriousness of your dog running loose and rushing towards other dogs.  Especially a staffy.  

[Loving my Oldies]

Well said, @Boroniaand @Kazm.  Some people just don’t get the concept of responsibility.  

[_PL_]

Pay it and learn. You really got a very lenient fine.

 

I'd be unsatisfied with it if I was the other person.  

[sheena]

[~Anne~]

I’m sorry you’re going through this. Dogs will be dogs and sometimes they do get out.

I’d let it go. Ok, they got it wrong but why is the time such an issue? Regardless of the time, your broke the law. Cop it sweet and don’t put yourself or anyone else through the hassle. Use your energy to ensure he never gets out again. Fix whatever the problem is. 

Edited February 6 by ~Anne~

[Dogsfevr]

Plus the other obvious if your dog caused a car accident you would be liable there too consider this a cheap fee for a second offence .
Learn from this & be more responsible & read the dog act .

a client of ours many years ago was in the same scenario as the other person  ,she ended up falling over protecting her dog .Broke her hip & passed away from complications of the injury because "the dog just simply ran across the road"
Owner cried "poor me" like you & learnt very quickly being a nob gets you no where fast .That owner was sued & the family won as there was plenty of witnesses & CCTV footage 
No attack but the actions fall under that category .
If you lose just to prove a point with time be prepared for a bigger bill 
 

[Rebanne]

Just own the incident and fix the fence. You want a dog, then grow up.

[Sandrake]

Thank you for all your messages. I did own  up to it that he escaped. However it was an accident so I am standing firm by my decision to go to court. There is a lot of stigma in this neighbourhood against staffies. You cannot imagine .. people cross the road. It is that bad! Thanks again for your opinion. 

[Rebanne]

no accident when it happens twice, just a careless owner. Hope the fine is increased.

[Deeds]

When this happened to my dogs a couple of years ago because 2 dogs kept escaping and running across the road to attack my dogs the Ranger fined the owners $1500 ,  Plus another fine for the dogs not being registered with council.

 

It kept happening and the dogs were fined again and noted as Nuisance Dogs with council.

[janesotison]

To own a dog requires responsibility. Unfortunately, you have deserved this penalty. Be more careful and accept the penalty you received.

[Loving my Oldies]

I am sure the young man who crashed his car killing FIVE of his friends said it was an accident too.  That, I know, is an extreme and tragic example, but most tragedies are from accidents.  
 

It is time you showed some maturity for your own sake as well as your dog’s and that of others who might come in contact with you.  
 

You mention that staffies are subject to stigma in your neighbourhood.  Surely that should encourage and motivate you to try to prove people wrong by having a well behaved, well trained staffy (and owner)?  

[tdierikx]

16 hours ago, Sandrake said:

There is a lot of stigma in this neighbourhood against staffies. You cannot imagine .. people cross the road.

 

Seriously though, friendly staffy type dogs seem to have no boundaries when it comes to enthusiastically rushing up to complete strangers - and not so friendly ones will also rush at people or other animals... so if you aren't sure which type you are facing, it can be rather confronting to say the least.

 

As I said before, your dog escaping once is an accident... more than once is not so accidental... and unless you can show definitively that you have taken all possible corrective actions to avoid any escapes, I think you will find that you will lose in court. Relying on the error in recording the time of the incident will not be a defense, trust me.

 

Losing in court will result in a cost much more than the 300 you are in for right now. My advice is to pay the fine, and take this as a hard lesson as to what will or won't be tolerated in your neighbourhood, OK?

 

T.