{"id":"wa-local:albany-city-of-dog-local-law-2017","name":"Dog Local Law 2017","slug":"dog-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437022,"registerId":"wa-local:albany-city-of-dog-local-law-2017-pdf-1775954048354","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dog Local Law 2017","content":"!2017228GG!\n5827\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 5 DECEMBER 2017 No. 228 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nDOG ACT 1976\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF ALBANY\n———————————\nDOG LOCAL LAW 2017\n\n\n\n5 December 2017 GOVERNMENT GAZETTE, WA 5829\nDOG ACT 1976\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nDOG LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Short title\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Meaning of terms used in this local law\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n3.2 Limitation on the number of dogs\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\n4.2 Application for licence for approved kennel establishment\n4.3 Notice of proposed use\n4.4 Exemption from notice requirements\n4.5 When application can be determined\n4.6 Determination of application\n4.7 Where application cannot be approved\n4.8 Conditions of approval\n4.9 Compliance with conditions of approval\n4.10 Fees\n4.11 Form of licence\n4.12 Period of licence\n4.13 Variation or cancellation of licence\n4.14 Transfer\n4.15 Notification\n4.16 Inspection of kennel\nPART 5—MISCELLANEOUS\n5.1 Offence to excrete\nPART 6—ENFORCEMENT\n6.1 Interpretation\n6.2 Modified penalties\n6.3 Issue of infringement notice\n6.4 Failure to pay modified penalty\n6.5 Payment of modified penalty\n6.6 Withdrawal of infringement notice\n6.7 Service\n6.8 Penalty\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\nSCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n\n\n\n5 December 2017 GOVERNMENT GAZETTE, WA 5831\nDOG ACT 1976\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nDOG LOCAL LAW 2017\nUnder the powers conferred on it by the Dog Act 1976 and the Local Government Act 1995 and under\nall other enabling powers, the Council of the City of Albany resolved on 31 October 2017 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the City of Albany Dog Local Law 2017.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nParts 2, 3 and Schedule 2 and 3 of the City of Albany Animals Local Laws 2001, published in the\nGovernment Gazette on 15 January 2002, is repealed.\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nAct means the Dog Act 1976;\napplication means the completed form lodged by an applicant as required by this local law;\napplicant means the owner or occupier of premises who makes an application for a permit under\nthis local law;\nassistance dogs has the meaning given to it in the Act;\nauthorised person means a person authorised by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer of the local government;\nCouncil means the Council of the City of Albany;\ndangerous dog has the meaning given to it in the Act;\ndistrict means the district of the local government;\ndog management facility has the meaning give to it in section 3(1) of the Act;\nkennel establishment means any structure or land used for the boarding or breeding of dogs;\nlocal government means the City of Albany;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005 which applies throughout the whole or a part of the\ndistrict;\nLG Act means the Local Government Act 1995;\nlot has the meaning given to it in the Planning and Development Act 2005;\nnuisance has the meaning given under section 38 of the Act;\nPlanning Approval means an approval issued under the local planning scheme as amended\nfrom time to time;\npublic place has the same meaning given in the Act;\npremises has the same meaning given in the Act;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law;\n\n5832 GOVERNMENT GAZETTE, WA 5 December 2017\nseized means a dog seized by an authorised person, but not having been placed in a pound;\nthoroughfare has the meaning given to it in section 1.4 of the LG Act;\nvalid in relation to a licence issued under this local law means current and for which all the\nassociated fees have been paid in full.\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19\nof the LG Act—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or\non a day other than those determined under clause 2.2;\n(c) the cost of implantation of a microchip referred to in section 30A(3) of the Act; and\n(d) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE\nKEEPING OF DOGS\n3.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog\nremains confined) and is fitted with a an effective operational latch or other means of\nfastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) An occupier who fails to comply with subclause (1) commits an offence.\n(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand Regulations.\n3.2 Limitation on the number of dogs\n(1) This clause does not apply to dangerous dogs (declared) or dangerous dogs (restricted breeds).\n(2) This clause does not apply to premises which have been—\n(a) licenced under Part 4 as an approved kennel establishment; or\n(b) granted an exemption under section 26 (3) of the Act.\n(3) For the purpose of section 26 (4) of the Act, a person shall not, without a permit, keep or permit to\nbe kept—\n(a) on premises situated on a lot having an area of 4 hectares or more—6 dogs over the ages of\n3 months and the young of those dogs under that age; or\n(b) on premises situated on any other lot—2 dogs over the age of 3 months and the young of those\ndogs under that age.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\nIn this Part and in Schedule 2—\nadjoining land means land or premises which have a common boundary or portion of a\nboundary with a lot or is separated from that lot by a right-of-way, pedestrian access way,\naccess leg of a battle-axe lot or the equivalent not more than 6 metres in width;\nfit and proper person means a person who does not have an unspent conviction under the\nAnimal Welfare Act 2002 or a history of contravention of the Dog Act 1976;\nlicence means a licence to keep an approved kennel establishment on premises;\npremises, in addition to the meaning given to it in section 3 of Act, means the premises described\nin the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to him or her under\nclause 4.14 of this local law.\n\n5 December 2017 GOVERNMENT GAZETTE, WA 5833\n4.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) plans and specifications of the kennel establishment, including a site plan;\n(b) copies of the notices to be given under clause 4.3;\n(c) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government or CEO,\nsufficiently close to the premises so as to control the dogs and so as to ensure their health and\nwelfare;\n(d) a written acknowledgment that the applicant has read and agrees to comply with any code of\npractice relating to the keeping of dogs adopted or nominated by the local government;\n(e) the fee for the application for a licence referred to in clause 4.10 (1) of this local law; and\n(f) a copy of a Planning Approval issued by the local government under a local planning scheme.\n4.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved\nkennel establishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owner and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\ngovernment.\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1) (a) is of a size or in a location in the newspaper which, in\nthe opinion of the CEO, would fail to serve the purpose of notifying persons of the proposed\nuse of the premises, then the local government may refuse to determine the application for a\nlicence until the notices or notice, as the case may be, is given in accordance with its\ndirections.\n4.4 Exemption from notice requirements\nWhere an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a local planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in\nrespect of the application for a licence.\n4.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant has complied with clause 4.2;\n(b) the applicant submits proof that the notices referred to in clause 4.3 (1) have been given in\naccordance with that clause; and\n(c) the local government has considered any written submissions received within the time\nspecified in clause 4.3 (2) (a) on the proposed use of the premises.\n4.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 4.8;\n(b) any written submissions received within the time specified in clause 4.3 (2) (a) on the\nproposed use of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the kennel establishment may have on the environment or amenity of the\nneighbourhood;\n(e) the extent to which the kennel establishment may create a nuisance for the owners and\noccupiers of adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n4.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme; or\n\n5834 GOVERNMENT GAZETTE, WA 5 December 2017\n(b) an applicant for a licence or another person who will have the charge of the dogs will not\nreside on the premises, or in the opinion of the local government, sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare; or\n(c) if the applicant is not a fit and proper person to keep an approved kennel establishment.\n4.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n4.9 Compliance with conditions of approval\n(1) A licensee who does not comply with the conditions of licence commits an offence.\n(2) Notwithstanding clause 6.8, the penalty under this clause is $5000 and where the offence is of a\ncontinuing nature, an additional daily penalty of $100.\n4.10 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment under sections 6.16 to 6.19 of the LG Act.\n4.11 Form of licence\nThe licence is to be in the form determined by the local government and is to be issued to the licensee.\n4.12 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have\neffect.\n4.13 Variation or cancellation of licence\n(1) The local government may through a written notice to the licensee vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.14 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 4.10 (3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 4.15(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.15 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n\n5 December 2017 GOVERNMENT GAZETTE, WA 5835\n(c) a licensee of any variation made under clause 4.13(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n4.16 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel\nestablishment at any time.\nPART 5—MISCELLANEOUS\n5.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of the dog at that time commits an offence.\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\nPART 6—ENFORCEMENT\n6.1 Interpretation\nIn this Part—\ninfringement notice means the notice referred to in clause 6.3; and\nnotice of withdrawal means the notice referred to in clause 6.6 (1).\n6.2 Modified penalties\n(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if—\n(a) the dog is not a dangerous dog; or\n(b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly\nopposite that offence.\n(3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if the dog is a dangerous dog.\n6.3 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect\nof which a modified penalty may be imposed, he or she may issue to that person a notice.\n6.4 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n6.5 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment of receipt.\n6.6 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice.\n(2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice\nof withdrawal.\n6.7 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving\nit at or posting it to her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n6.8 Penalty\nAny person who contravenes any provision of this local law or fails to comply with a notice issued\nunder this local law commits an offence not exceeding $2,000.\n\n5836 GOVERNMENT GAZETTE, WA 5 December 2017\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR\nAN APPROVED KENNEL ESTABLISHMENT\n(clause 4.2)\nI/we (full name): ............................................................................................................ of (postal address)\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n(telephone number) ...................................................................\n(facsimile number) ...................................................................\n(E-mail address) ...................................................................\nApply for a licence for an approved kennel establishment at (address of premises)\nFor (number and breed of dogs)\n* (insert name of person) ........................................................................................ will be residing at the\npremises on and from (insert date) ...........................................................................\n* (insert name of person) .............................................................................. will be residing (sufficiently\nclose to the premises so as to control the dogs and so as to ensure their health and welfare) at ............\n.......................................................................................................................................................................\n......................................................................................................................... (insert address of residence)\non and from .................................................................................... (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other\nbuildings and structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their\nhealth and welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as ...............................\n................................................................. , in the keeping of dogs at the proposed kennel establishment.\nSignature of applicant .................................................................................... Date ..................................\n*delete where inapplicable.\nNote: a licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act.\nOFFICE USE ONLY\nApplication fee paid on: ...............................................................................................................................\n[insert date].\n————\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 4.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church (place of worship), school room, hall, factory, dairy or premises\nwhere food is manufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the\nbreed of dog (when it is fully grown), squared, times the number of dogs to be housed in the\nkennel and the length of the dog is to be determined by measuring from the base of the tail to\nthe front of its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice\nthe floor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n\n5 December 2017 GOVERNMENT GAZETTE, WA 5837\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in\nturn must lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment;\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements\nof the local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright\nposition;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment;\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for\nthe treatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap;\nand\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\nSCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED\nPENALTY APPLIES\n(clause 7.2)\nItem Clause Nature of offence\nModified\npenalty\n$\nDangerous\nDog Modified\nPenalty\n$\n1 4.9 Failing to comply with the conditions of a kennel\nestablishment licence\n200\n2 6.1 Failing to remove dog excrement 100 100\n————\nDated this 9th day of November 2017.\nThe Common Seal of the City of Albany was affixed by the authority of the resolution of Council in the\npresence of—\nDENNIS WELLINGTON, Mayor.\nANDREW SHARPE, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The local law expressly repeals Parts 2, 3 and Schedules 2 and 3 of the City of Albany Animals Local Laws 2001 (cl.1.4) and replaces them with a consolidated regime for dog confinement, numerical limits, kennel licensing, technical standards and enforcement. Compared with the prior local law text cited, it shifts the local regulatory scope by instituting a formal licence/notice process, specified construction and sewage controls, distinct penalties (including a specific $5,000 penalty for licence breaches) and a detailed modified‑penalty schedule (see cl.1.4, Part 4, Schedule 2, cl.4.9, Part 6, Schedule 3)."},"complexity_factors":["Cross-references to state Acts and Regulations (Dog Act 1976, Local Government Act 1995, Dog Regulations 2013) and reliance on external definitions increasing interpretive complexity (cl.1.5).","Multi-step licence application process requiring plans, planning approval and public notices with time-limited submissions (cls.4.2–4.5).","Detailed technical standards for kennel construction, drainage, sewage treatment, flooring and space calculations in Schedule 2 (Schedule 2, cl.(d)–(g),(j)).","Discretionary decision points for approval, conditions, variation, transfer and cancellation of licences vested in the local government/CEO (cls.4.6, 4.8, 4.13, 4.14).","Mixed fee and penalty regime: local government-set fees under LG Act and specific pecuniary penalties including a $5,000 offence for breach of licence conditions plus daily penalties (cl.2.1, 4.10, 4.9).","Enforcement architecture using infringement notices, modified penalties with different amounts for dangerous dogs, withdrawal and service rules (Part 6, Schedule 3).","Interactions with local planning scheme and health requirements (requirement for Planning Approval and sewage treatment to local health standards) creating cross‑agency compliance points (cl.4.2(f), Schedule 2(f)(x),(g)).","Repeal of parts of the previous Animals Local Laws 2001 creates transitional/interpretive tasks for regulators and regulated parties (cl.1.4)."],"plain_english_summary":"This local law sets rules for confining dogs, limits how many dogs may be kept on different lot sizes, creates a licence and approval process for kennel establishments with detailed building, hygiene and neighbour-notification requirements, and establishes fees, modified penalties and enforcement powers across the City of Albany. \n\n*Who pays:* dog owners and licence‑holders pay application, licence and transfer fees and may face fines or modified penalties (see cl.2.1, 4.10, 6.2–6.8). *Who decides:* the local government/CEO and authorised officers determine and enforce licences and conditions (see cl.4.6–4.13, 6.3)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a standard local government dog control law. It covers the typical trilogy of local dog regulation: confinement, numerical limits, and commercial kennel licensing. While the kennel licensing provisions are detailed, they represent a standard regulatory function for local governments under the Dog Act 1976 framework. The repeal of specific parts of the 2001 Animals Local Laws suggests this is a consolidation and update rather than scope expansion."},"complexity_factors":["18 defined terms in the interpretation section (clause 1.5), including nested definitions that refer to other Acts (Dog Act 1976, Local Government Act 1995, Planning and Development Act 2005)","Cross-referencing to external legislation: heavy reliance on the Dog Act 1976, Dog Regulations 2013, and Local Government Act 1995 for definitions and procedural requirements (e.g., licence periods governed by section 27(5) of the Dog Act)","Conditional logic in Part 4: multiple exemption pathways (clause 4.4) that modify standard application requirements based on planning scheme status","Nested exceptions: clause 3.1(3) exempts dangerous dogs from confinement rules because they're dealt with under separate state legislation; clause 3.2(1) excludes dangerous dogs from numerical limits","Technical specifications in Schedule 2: 18 detailed conditions for kennel construction including mathematical formulas for floor area calculations (2.5 × length² × number of dogs), specific measurements (25m from boundaries, 100mm floor height, 1 in 100 fall for drainage), and material specifications","Dual penalty structures: different fine amounts for dangerous dogs vs regular dogs in Schedule 3, plus distinction between modified penalties (infringement notices) and maximum court penalties","Procedural requirements with time limits: 14-day submission periods for neighbour objections (clause 4.3), 12-month licence periods with renewal requirements (clause 4.12)"],"plain_english_summary":"This local law sets rules for keeping dogs in the City of Albany: requiring secure confinement, limiting numbers on residential properties, licensing and standards for commercial kennels, penalties for fouling, and council powers to impound and fine. It affects all local dog owners, kennel operators and nearby residents. The aim is to protect animal welfare, neighbourhood amenity and public health by enforcing responsible ownership and safe, well‑run kennels."}},"importantCases":[],"_links":{"self":"/api/acts/dog-local-law-2017","history":"/api/acts/dog-local-law-2017/history","analysis":"/api/acts/dog-local-law-2017/analysis","conflicts":"/api/acts/dog-local-law-2017/conflicts","importantCases":"/api/acts/dog-local-law-2017/important-cases","documents":"/api/acts/dog-local-law-2017/documents"}}