NORTHERN TERRITORY OF AUSTRALIA
ALICE SPRINGS (ANIMAL MANAGEMENT) BY-LAWS 2008
As in force at 19 November 2008
Table of provisions
Chapter 1 Executive and administrative
Part 1.1 Preliminary
1 Citation ............................................................................................ 1
2 Purpose ........................................................................................... 1
3 Enactment and commencement ...................................................... 1
4 Application ....................................................................................... 1
Part 1.2 Interpretation
5 Definitions ........................................................................................ 2
6 Premises where animal kept............................................................ 3
7 Dog attack ....................................................................................... 4
8 Effective control ............................................................................... 4
Part 1.3 Registrar
9 Appointment .................................................................................... 4
10 Delegation of powers and functions................................................. 4
11 Maintenance of register ................................................................... 5
Part 1.4 Council determinations
12 Power to make determinations ........................................................ 5
13 By resolution .................................................................................... 5
14 Force and effect............................................................................... 5
15 Subject matter of determinations ..................................................... 6
Part 1.5 Animal restriction areas and animal
exercise areas
16 Animal restriction areas ................................................................... 7
17 Animal exercise areas ..................................................................... 8
18 Publication of proposal .................................................................... 8
19 Force and effect............................................................................... 8
Part 1.6 Repeal and savings
20 Repeal ............................................................................................. 8
21 Registrations.................................................................................... 8
Alice Springs (Animal Management) By-laws 2008 ii
22 Licences .......................................................................................... 9
23 Application of Interpretation Act 1978 .............................................. 9
Chapter 2 Registration of dogs and cats
Part 2.1 Requirement to register dog or cat
24 Dogs and cats.................................................................................. 9
Part 2.2 Application to register dog or cat
25 Application ....................................................................................... 9
26 Dealing with application ................................................................. 10
27 Refusal of application .................................................................... 10
28 Application to renew registration.................................................... 10
Part 2.3 Period of registration
29 Registration for life......................................................................... 10
30 Commencement of registration...................................................... 10
31 Expiry of registration ...................................................................... 10
Part 2.4 Registration by another council
32 Meaning of council......................................................................... 11
33 Recognition of registration ............................................................. 11
34 Issue of tag .................................................................................... 11
35 Period of registration ..................................................................... 11
Part 2.5 Cancellation of registration
36 Cancellation at request of owner ................................................... 11
37 Notice to show cause .................................................................... 12
38 Cancellation after 28 days ............................................................. 12
39 Notice of cancellation .................................................................... 12
Part 2.6 Tags
40 Issue of tag .................................................................................... 12
41 Removal of tag from dog or cat ..................................................... 12
42 Placing tag on wrong animal.......................................................... 13
43 Dog or cat at large without tag ....................................................... 13
Part 2.7 Transfer of ownership
44 Notification to Council .................................................................... 13
45 Position until notification ................................................................ 13
Alice Springs (Animal Management) By-laws 2008 iii
Chapter 3 Licensing of premises
Part 3.1 Requirement to license premises
46 Multiple dogs or cats...................................................................... 13
47 Breeding cats ................................................................................. 14
Part 3.2 Application for licence
48 Application ..................................................................................... 14
49 Dealing with application ................................................................. 14
50 Consideration of application .......................................................... 14
51 Mandatory refusal of application .................................................... 15
52 Discretionary refusal of application ................................................ 15
53 Statement of conditions ................................................................. 15
54 Statement of reasons .................................................................... 16
55 Refund of application fee ............................................................... 16
56 Application to renew licence .......................................................... 16
Part 3.3 Period of licence
57 Commencement of licence ............................................................ 16
58 Expiry of licence ............................................................................ 16
Part 3.4 Cancellation or suspension of licence
59 Request by holder of licence ......................................................... 16
60 Cancellation or suspension after request ...................................... 16
61 Notice to show cause .................................................................... 17
62 Consequent cancellation or suspension ........................................ 17
63 Notice of cancellation or suspension ............................................. 17
64 Period of suspension ..................................................................... 17
65 Notice of reactivation of licence ..................................................... 18
Part 3.5 Transfer of licence
66 Transfer from one premises to another ......................................... 18
67 Transfer to succeeding owner or occupier ..................................... 18
Chapter 4 Declared dogs
Part 4.1 Declaration
68 Power to make declaration ............................................................ 18
69 Basis of declaration ....................................................................... 18
70 Declaration notice .......................................................................... 18
71 Period that declaration is in force .................................................. 19
72 Revocation of declaration .............................................................. 19
Alice Springs (Animal Management) By-laws 2008 iv
Part 4.2 Control requirements
73 Application of Part ......................................................................... 19
74 Fitting of implant ............................................................................ 19
75 Sterilization .................................................................................... 19
76 Containment at premises ............................................................... 20
77 Signage at premises ...................................................................... 20
78 Fencing at premises ...................................................................... 21
79 Other works or requirements ......................................................... 21
80 Application of rest of Part .............................................................. 21
81 Person having charge .................................................................... 21
82 Restraint ........................................................................................ 22
83 Special collar ................................................................................. 22
84 Muzzling ........................................................................................ 22
85 Prohibition at private, commercial and retail premises .................. 22
Part 4.3 Notification requirements
86 Change of premises ...................................................................... 23
87 Declared dog returning to municipality .......................................... 23
88 Attack or injury ............................................................................... 23
89 Allegation of attack or injury........................................................... 24
90 Disappearance .............................................................................. 24
91 Death ............................................................................................. 24
Part 4.4 Transfer of ownership
92 Sale or gift ..................................................................................... 25
93 Requirement to notify prospective owner ...................................... 25
94 Requirement to notify Registrar ..................................................... 25
Part 4.5 Declaration fee
95 Initial declaration fee ...................................................................... 25
96 Annual declaration fee ................................................................... 26
97 No refund ....................................................................................... 26
98 Transfer of ownership .................................................................... 26
Chapter 5 Offences involving animals
Part 5.1 Offences involving animal behaviour
99 Dog attack ..................................................................................... 26
100 Multiple attacks .............................................................................. 27
101 Attack by declared dog .................................................................. 27
102 Dog running at or chasing vehicles................................................ 27
103 Animal causing nuisance ............................................................... 27
104 Animal at large............................................................................... 28
105 Female dog in oestrus ................................................................... 29
Alice Springs (Animal Management) By-laws 2008 v
106 Dogs and cats in places with other animals ................................... 29
Part 5.2 Offences also involving persons
107 Enticing or inducing dog to attack .................................................. 29
108 Enticing or inducing animal to be in breach ................................... 30
109 Failing to contain a dog ................................................................. 30
110 Keeping or permitting animal in animal restriction area ................. 30
111 Abandoning animal ........................................................................ 30
112 Dog faeces .................................................................................... 31
Chapter 6 Seizure, removal and destruction of
animals
Part 6.1 Power of seizure
113 Diseased and like animals ............................................................. 31
114 Animal causing nuisance ............................................................... 31
115 Animal at large............................................................................... 31
116 Unregistered dog or cat ................................................................. 32
117 Animal kept at unlicensed premises .............................................. 32
118 Declared dog ................................................................................. 32
119 Animal trap .................................................................................... 32
Part 6.2 Requirement to deliver animal to pound
120 General requirement ...................................................................... 32
121 Owner in vicinity ............................................................................ 32
Part 6.3 Destruction and removal of animal
122 General power ............................................................................... 33
123 Removal of carcass ....................................................................... 33
124 Recovery of costs .......................................................................... 33
Part 6.4 Requisition to owner or occupier
125 Animal at large in public place ....................................................... 33
126 Diseased, injured, savage, destructive and dead animals ............. 33
Chapter 7 Pounds
Part 7.1 Operation of pound
127 Requirement to maintain and operate ........................................... 34
128 Pound manager ............................................................................. 34
129 Hours of operation ......................................................................... 34
130 Fees .............................................................................................. 34
Alice Springs (Animal Management) By-laws 2008 vi
Part 7.2 Impounding and release of animals
131 Requirement to impound ............................................................... 35
132 Notice of impounding ..................................................................... 35
133 Release generally .......................................................................... 35
134 Unregistered dogs and cats ........................................................... 35
Part 7.3 Diseased animals
135 Requirement to isolate animal ....................................................... 36
136 Notice to owner.............................................................................. 36
137 Production of report ....................................................................... 36
138 Recovery of costs .......................................................................... 36
Part 7.4 Sale
139 Power of sale ................................................................................. 37
140 Not immediately exercisable .......................................................... 37
141 Surrendered animal ....................................................................... 37
142 Exercisable by pound manager or Registrar.................................. 37
143 Legal effect of sale ........................................................................ 37
Part 7.5 Disposal
144 Power of disposal .......................................................................... 37
145 Exercisable by pound manager or Registrar.................................. 38
146 Manner of destruction .................................................................... 38
147 No liability ...................................................................................... 38
148 No limitation on By-law 122 ........................................................... 38
Part 7.6 Assignment of rights
149 Power of assignment ..................................................................... 38
150 Sale by animal welfare organisation .............................................. 38
Part 7.7 Declared dogs
151 Prohibition on release .................................................................... 39
152 Prohibition on sale ......................................................................... 39
153 Requirement to destroy ................................................................. 39
Chapter 8 Enforcement generally
154 Hindering or obstructing ................................................................ 39
155 Removing animal from custody ..................................................... 39
156 Removing animal from pound ........................................................ 39
157 Authorised person requiring information ........................................ 40
158 Proof of identity.............................................................................. 40
159 False statement in document......................................................... 40
Alice Springs (Animal Management) By-laws 2008 vii
160 Proof of sterilisation ....................................................................... 40
161 Police assistance ........................................................................... 41
162 Service of notices .......................................................................... 41
163 Regulatory offence ........................................................................ 41
164 Penalties ........................................................................................ 41
165 Infringement notices ...................................................................... 41
Schedule 1
Schedule 2
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 19 November 2008
ALICE SPRINGS (ANIMAL MANAGEMENT) BY-LAWS 2008
By-laws under the Local Government Act 2019
Chapter 1 Executive and administrative
Part 1.1 Preliminary
1 Citation
These By-laws may be cited as the Alice Springs (Animal
Management) By-laws 2008.
2 Purpose
The purpose of these By-laws is to provide for the keeping of
animals within the municipality in a manner compatible with the
enjoyment by residents of a congenial living environment.
3 Enactment and commencement
(1) These by-laws were made by special resolution of the Alice Springs
Town Council on the 29th day of September 2008 pursuant to
Part 13.1 of the Local Government Act 2008.
(2) These by-laws have force and effect from the 1st day of
November 2008 or the date that they are notified in the Gazette
whichever is later.
4 Application
These By-laws apply to the whole of the municipality.
Chapter 1 Executive and administrative
Part 1.2 Interpretation
Alice Springs (Animal Management) By-laws 2008 2
Part 1.2 Interpretation
5 Definitions
In these By-laws:
animal exercise area means an animal exercise area determined
under By-law 17.
animal restriction area means an animal restriction area declared
under By-law 16.
annual declaration fee means the annual fee applying to
ownership of a declared dog under By-law 96(1).
approved means approved by the Registrar.
cat means any cat over 6 months of age.
control requirement means a requirement applying to the control
of a declared dog under Part 4.2.
Council means the Alice Springs Town Council.
declared dog means a dog declared under Part 4.1.
declaration notice means a notice of declaration of a declared dog
under By-law 70(1).
determination means a determination made by resolution of
Council under Part 1.4 and determine has like meaning.
dog means any dog over 6 months of age and includes a dingo.
infringement notice means a notice under By-law 165(1).
implant means an electronic device that can be implanted under
the skin of an animal for the purpose of identification.
initial declaration fee means the initial fee applying to ownership
of a declared dog under By-law 95(1).
licence means a licence granted under Part 3.2.
menace means an action of a dog that creates a reasonable
apprehension in a person that the dog is likely to attack a person or
animal and includes a reasonable apprehension that the dog may
escape, or be released from, effective control to attack a person or
animal.
municipality means the Municipality of Alice Springs.
Chapter 1 Executive and administrative
Part 1.2 Interpretation
Alice Springs (Animal Management) By-laws 2008 3
notification requirement means a requirement to notify Council of
certain events concerning a declared dog under Part 4.3.
owner in relation to an animal, except for a registered owner,
means:
(a) the person who at a particular time had control of the animal;
(b) the occupier or owner of the premises where the animal is
kept; or
(c) the parent or guardian of the owner where the owner is under
17 years of age.
penalty unit, see Penalty Units Act 2009.
pound means a pound established under By-law 127.
pound manager means the person appointed under By-law 128 to
be the manager of a pound.
premises includes land, buildings and caravans.
registration means registration under Part 2.2.
registered owner, in relation to an animal, means the person
recorded in the register as the owner of the animal.
register means the register kept in accordance with By-law 11.
Registrar means the Registrar appointed under By-law 9.
Repealed By-laws refer to the Alice Springs (Animal Control
By-laws) 1992.
transfer fee means the fee payable to recognise the registration of
a dog or cat under By-law 33.
veterinary surgeon means a registered veterinarian within the
meaning of the Veterinarians Act 1994.
6 Premises where animal kept
In these by-laws, a reference to premises where an animal is
kept is a reference to premises where the animal is usually and
ordinarily kept.
Chapter 1 Executive and administrative
Part 1.3 Registrar
Alice Springs (Animal Management) By-laws 2008 4
7 Dog attack
In these By-laws, a reference to an attack by a dog is a reference
to actual physical contact between the dog and the person or
animal and includes the injuring of a person or animal by the dog.
8 Effective control
(1) In these by-laws, effective control, in relation to a dog, means the
dog is:
(a) restrained by a leash or similar restraint, not longer than
2 metres in length, and held by a person above the age of
10 years who is competent to restrain the dog;
(b) contained in a vehicle such that no part of the dog is projecting
from the vehicle and the dog is prevented from escaping from
the vehicle;
(c) securely tethered to a permanent object or structure by a
restraint not longer than 3 metres in length;
(d) on private premises with the permission of the owner or
occupier of the premises; or
(e) in an animal exercise area in accordance with the conditions,
if any, to which use of the area is subject; or
(2) Clause (1)(e) does not apply to a female dog in oestrus.
(3) To avoid doubt, clause (1) does not apply to a declared dog.
(4) The burden of proof as to whether an animal is under effective
control is on the owner of the animal.
Part 1.3 Registrar
9 Appointment
Council must appoint an authorised person to be the Registrar for
the purposes of these By-laws.
10 Delegation of powers and functions
(1) The Registrar may exercise and perform the powers and functions
of Council under these By-laws other the power to make a
determination.
Chapter 1 Executive and administrative
Part 1.4 Council determinations
Alice Springs (Animal Management) By-laws 2008 5
(2) A power or function exercised or performed by the Registrar under
clause (1) is deemed to have been exercised or performed by
Council.
(3) The exercise or performance of a power or function by the Registrar
under clause (1) does not prevent the exercise or performance of a
power or function by Council.
11 Maintenance of register
(1) The Registrar must keep a register containing details of:
(a) all animals registered by Council;
(b) all licences granted by Council; and
(c) all offences against these By-laws or the Repealed By-laws:
(i) of which the owner of an animal has been convicted; or
(ii) in relation to which the owner of an animal has paid a
sum specified by By-law 165 under a notice of
infringement issued under that By-law.
(2) A certificate or extract from the Register concerning an animal or
the owner of an animal, or a licence or the holder of a licence,
purporting to be signed by the Registrar, is evidence of the matters
specified in the certificate or extract.
Part 1.4 Council determinations
12 Power to make determinations
To facilitate the administration of these By-laws, Council may make
determinations from time to time.
13 By resolution
A determination may only be made by resolution of Council.
14 Force and effect
(1) Subject to By-law 19, a determination has force and effect after
notice of the passing of the resolution has been published in a
newspaper circulating in the municipality.
(2) A determination continues to have force and effect until the
determination is varied or revoked by a subsequent determination.
Chapter 1 Executive and administrative
Part 1.4 Council determinations
Alice Springs (Animal Management) By-laws 2008 6
15 Subject matter of determinations
(1) Council may make a determination in respect of the following
matters:
(a) under By-law 16, an animal restriction area;
(b) under By-law 17, an animal exercise area;
(c) under By-law 25(2)(a), the fee for registration of a dog;
(d) under By-law 25(2)(a), the fee for registration of a cat;
(e) under By-law 29(4), the fee for life registration of a dog or cat;
(f) under By-law 33, the transfer fee;
(g) under By-law 48(2)(a), the fee to obtain a licence;
(h) under By-law 95(1), the initial declaration fee applying to a
declared dog;
(i) under By-law 96(1), the annual declaration fee applying to a
declared dog;
(j) under By-law 129, the hours of operation of the pound;
(k) under By-law 130, the maintenance and release fees for
impounded animals; and
(l) under By-law 165(2)(b), the form of an infringement notice.
(2) To avoid doubt, a determination made in respect of the matter to
which clauses (1)(c) or (1)(d) refers may provide for a reduced
registration fee for a:
(a) dog that has been sterilized;
(b) dog that has undergone an approved obedience course;
(c) dog owned by a member of an approved canine association;
or a
(d) dog or cat owned by a pensioner.
Chapter 1 Executive and administrative
Part 1.5 Animal restriction areas and animal exercise areas
Alice Springs (Animal Management) By-laws 2008 7
Part 1.5 Animal restriction areas and animal exercise
areas
16 Animal restriction areas
(1) Council may determine an area within the municipality to be an
animal restriction area.
(2) In making a determination under clause (1), Council may prohibit
the keeping of:
(a) dogs;
(b) cats;
(c) dogs and cats;
(d) other animals;
(e) any animal;
(f) more than a specified number of dogs at any premises;
(g) more than a specified number of dogs of a specified breed at
any premises;
(h) more than a specified number of cats at any premises;
(i) more than a specified number of dogs and cats at any
premises; or
(j) more than a specified number of any other type of animal at
any premises
in that area.
(3) In making a determination under clause (1), Council may prohibit
the presence of:
(a) dogs;
(b) cats;
(c) dogs and cats;
(d) other animals; or
(e) any animal
in that area.
Chapter 1 Executive and administrative
Part 1.6 Repeal and savings
Alice Springs (Animal Management) By-laws 2008 8
17 Animal exercise areas
(1) Council may determine an area within the municipality to be an
animal exercise area.
(2) In making a determination under clause (1), Council may specify:
(a) that the area is for the exercise of:
(i) dogs; or
(ii) other specified animals; and
(b) the times when an animal may be exercised in the area and
the conditions, if any, to apply to the exercising of the animal
in the area.
18 Publication of proposal
Council must not determine an animal restriction area or an animal
exercise area unless it has published in a newspaper circulating in
the Municipality:
(a) at least 28 days' notice of the proposed determination; and
(b) the means by which members of the public can comment on
the proposal.
19 Force and effect
A determination under this Part 1.5 has force and effect after
28 days of the publication of the notice referred to in By-law 14(1).
Part 1.6 Repeal and savings
20 Repeal
The Alice Springs (Animal Control) By-laws 1992 (Regulation
No. 15 of 1992) are repealed.
21 Registrations
(1) If the registration of an animal granted under By-law 7 of the
Repealed By-laws was in force immediately before the
commencement of these By-laws, the registration continues in force
as if it were the registration of the animal granted under these
By-laws until the time that it would have expired under the
Repealed By-laws.
Chapter 2 Registration of dogs and cats
Part 2.2 Application to register dog or cat
Alice Springs (Animal Management) By-laws 2008 9
(2) A registration referred to in clause (1) may be cancelled under
these By-laws.
22 Licences
(1) If a licence of premises granted under By-law 21 of the Repealed
By-laws was in force immediately before the commencement of
these By-laws, the licence continues in force as if it were a licence
granted under Part 3.2 until the time that it would have expired
under the Repealed By-laws.
(2) A licence referred to in clause (1) may be varied, suspended or
cancelled under these By-laws.
23 Application of Interpretation Act 1978
This Part 1.6 does not limit the operation of section 12 of the
Interpretation Act 1978 in its application to and in respect of the
Repealed By-laws.
Chapter 2 Registration of dogs and cats
Part 2.1 Requirement to register dog or cat
24 Dogs and cats
(1) A dog or cat must be registered at all times.
(2) The owner of an unregistered dog or cat is guilty of an offence.
Part 2.2 Application to register dog or cat
25 Application
(1) The owner of a dog or cat may register the dog or cat by application
to Council.
(2) An application under clause (1) must be in the approved form
accompanied by:
(a) the determined fee; and
(b) such other information as Council considers relevant and
requires to be produced.
Chapter 2 Registration of dogs and cats
Part 2.3 Period of registration
Alice Springs (Animal Management) By-laws 2008 10
26 Dealing with application
Council must, not later than 14 days after receiving an application
under by-law 25:
(a) register the dog or cat; or
(b) refuse to register the dog or cat.
27 Refusal of application
(1) Council may refuse to register a dog or cat if the owner of the dog
or cat has not complied with By-law 25.
(2) Council must refuse to register a cat if the cat has not been fitted
with an implant.
28 Application to renew registration
This Part 2.2 applies to an application to renew the registration of a
dog or cat as if it was an application for the registration of a dog or
cat.
Part 2.3 Period of registration
29 Registration for life
(1) Subject to this By-law, the owner of a dog or cat may apply to
Council to register a dog or cat for the life of the dog or cat.
(2) A dog or cat that has not been fitted with an implant may not be
registered for life.
(3) An application under clause (1) must be dealt with by Council as if it
was an application to register a dog or cat under By-law 25.
(4) However, Council may determine a different fee for the registration
of a dog or cat for life than for registration under By-law 25.
30 Commencement of registration
A registration commences on the date that the dog or cat is
registered under By-law 25.
31 Expiry of registration
Subject to By-law 29, the registration of a dog or cat expires on the
30th day of June of each year.
Chapter 2 Registration of dogs and cats
Part 2.5 Cancellation of registration
Alice Springs (Animal Management) By-laws 2008 11
Part 2.4 Registration by another council
32 Meaning of council
In this Part 2.4, council means a council or other body that has
local government functions for or in relation to animal control or
management under a law in force in a State or Territory of the
Commonwealth.
33 Recognition of registration
(1) Where a dog or cat is registered (however described) by another
council, the registration of the animal is, on payment of the
determined transfer fee, taken to be registration of the animal under
these By-laws.
(2) Clause (1) operates to recognise life registration of a dog or cat by
another council as life registration under these By-laws provided
that the animal has been fitted with an implant.
34 Issue of tag
(1) Council must issue a tag to the owner under By-law 40(1) on being
satisfied that the dog or cat is registered by another council.
(2) The burden of proving that a dog or cat is registered by another
council lies on the owner of the dog or cat.
(3) Council's recognition of the registration of a dog or cat only takes
effect from and including the date on which Council issues the tag
under clause (1).
35 Period of registration
Except where By-law 33(2) applies, the registration of the animal
taken to be registered under By-law 33 expires on the 30th day of
June next occurring irrespective of the date on which it expires
under the system of registration of the other council.
Part 2.5 Cancellation of registration
36 Cancellation at request of owner
(1) The registered owner of a dog or cat may request Council in writing
that the registration be cancelled.
(2) Council may cancel the registration of a dog or cat on receiving a
request under clause (1).
Chapter 2 Registration of dogs and cats
Part 2.6 Tags
Alice Springs (Animal Management) By-laws 2008 12
(3) The cancellation takes effect from the date that it is cancelled
unless the registered owner nominates a subsequent date (in which
case the cancellation takes effect from the later date).
37 Notice to show cause
Council may, by notice in writing served on the registered owner of
a dog or cat, require the registered owner to show cause why the
registration of the dog or cat should not be cancelled.
38 Cancellation after 28 days
Provided that at least 28 days have passed from service of the
notice under By-law 37, Council may cancel the registration of the
dog or cat but only after considering any matter that the registered
owner has put to Council.
39 Notice of cancellation
(1) Where Council cancels the registration of a dog or cat under
By-law 38, it must serve on the registered owner of the dog or cat a
notice in writing advising of the cancellation.
(2) The notice referred to in clause (1) must give the reasons for the
cancellation of the registration.
(3) The cancellation takes effect 14 days after service of the notice
under clause (1).
Part 2.6 Tags
40 Issue of tag
(1) On registering a dog or cat, Council must issue a tag to the
registered owner of the animal.
(2) The registered owner of a dog or cat must as soon as practicable
affix the tag to a collar on the animal and ensure that it remains
displayed on the collar on the animal at all times while the
registration of the animal remains in force.
41 Removal of tag from dog or cat
(1) A person who, without reasonable cause, removes a tag from a dog
or cat is guilty of an offence.
(2) To avoid doubt, clause (1) applies whether or not the person is the
registered owner of the dog or cat.
Chapter 3 Licensing of premises
Part 3.1 Requirement to license premises
Alice Springs (Animal Management) By-laws 2008 13
42 Placing tag on wrong animal
(1) A person who places or affixes a tag on a dog or cat that is not the
animal in respect of which the tag was issued is guilty of an offence.
(2) To avoid doubt, clause (1) applies whether or not the person is the
registered owner of the dog or cat.
43 Dog or cat at large without tag
The registered owner of a dog or cat at large without a tag affixed to
the collar of the animal is guilty of an offence.
Part 2.7 Transfer of ownership
44 Notification to Council
(1) A person who acquires ownership of a registered dog or cat must,
no later than 28 days after acquiring ownership, give to the
Registrar written particulars of:
(a) the name of the registered owner;
(b) the name and address of the present owner; and
(c) the registration number of the animal.
(2) A registered owner who changes address must, no later than
28 days after the change, give to the Registrar written particulars of
the new address.
45 Position until notification
For the purposes of these By-laws, a person who is registered as
the owner of a dog or cat remains the registered owner of the
animal until the Registrar is given the written particulars required
under By-law 44(1).
Chapter 3 Licensing of premises
Part 3.1 Requirement to license premises
46 Multiple dogs or cats
(1) Premises where more than 2 dogs or more than 2 cats are kept
must be licensed at all times.
Chapter 3 Licensing of premises
Part 3.2 Application for licence
Alice Springs (Animal Management) By-laws 2008 14
(2) The owner or occupier of unlicensed premises to which clause (1)
applies is guilty of an offence.
47 Breeding cats
(1) Premises where a cat is permitted to breed must be licensed at all
times.
(2) The owner or occupier of unlicensed premises to which clause (1)
applies is guilty of an offence.
Part 3.2 Application for licence
48 Application
(1) The owner or occupier of premises to which By-laws 46 or 47 apply
may obtain a licence of those premises by application to Council.
(2) An application under clause (1) must be in the approved form
accompanied by:
(a) the fee determined by resolution of Council; and
(b) such other information as Council considers relevant and
requires to be produced.
49 Dealing with application
Council must, not later than 14 days after receiving an application
under By-law 48:
(a) grant the licence without conditions;
(b) grant the licence with conditions; or
(c) refuse to grant the licence.
50 Consideration of application
(1) In considering whether to grant a licence, or the conditions, if any,
to impose on a licence, Council may take into consideration:
(a) the nature or location of the premises;
(b) the manner in which the premises are fenced;
(c) the number of animals to be kept on the premises;
(d) the breed of animal to be kept on the premises;
Chapter 3 Licensing of premises
Part 3.2 Application for licence
Alice Springs (Animal Management) By-laws 2008 15
(e) the likely effect, if the licence is granted, on residents living
near to the premises; and
(f) any other matter that, in Council's opinion, is relevant.
(2) Council may vary the weighting given to the considerations set out
in clause (1) depending on whether the animals, the subject of the
application, are cats or dogs or a mixture of both.
51 Mandatory refusal of application
Council must refuse to grant a licence if:
(a) the animals the subject of the application are or include dogs;
and
(b) dogs are prohibited from being kept in the area where the
premises are situated.
52 Discretionary refusal of application
(1) Council may refuse to licence premises if the owner or occupier of
the premises has not complied with By-law 48(2).
(2) Council may refuse to licence premises if the owner or occupier of
the premises has refused to allow an authorised person to inspect
the premises to ascertain its state and condition.
(3) Council may refuse to licence premises if within the period of
3 years before the date of the application for the licence, an animal
kept or to be kept on the premises, or owned by the owner or
occupier of the premises, has been impounded under these
By-laws or the Repealed By-laws on at least 3 separate occasions.
(4) Council may refuse to licence premises if, within the period of
12 months before the date of the application for the licence, Council
has received at least 2 proven complaints relating to the premises
caused by or resulting from keeping animals at the premises.
(5) A complaint to which clause (4) refers may involve odour emanating
from the premises.
53 Statement of conditions
Where Council grants a licence subject to conditions under
By-law 49(b), it must, not later than 14 days after granting the
conditional licence, serve on the owner a statement of the
conditions.
Chapter 3 Licensing of premises
Part 3.4 Cancellation or suspension of licence
Alice Springs (Animal Management) By-laws 2008 16
54 Statement of reasons
Where Council refuses to grant a licence under By-laws 51 or 52, it
must, not later than 14 days after refusing the application, serve on
the owner a statement in writing setting out the reasons for its
refusal.
55 Refund of application fee
Where Council refuses to grant a licence under By-laws 51 or 52, it
must, not later than 14 days after refusing the application, refund
the fee accompanying the application to the owner or occupier of
the premises.
56 Application to renew licence
This Part 3.2 applies to an application to renew a licence as if it was
an application for a licence.
Part 3.3 Period of licence
57 Commencement of licence
(1) Subject to clause (2), a licence operates from the date of grant of
the licence.
(2) A licence granted under By-law 49(b) only operates when the
owner or occupier of the premises complies with the conditions to
which the licence is granted.
58 Expiry of licence
(1) Subject to clause (2), a licence expires on the 30th day of June of
each year.
(2) A licence granted on or after the 1st day of May in any year expires
on the 30th day of June of the next year.
Part 3.4 Cancellation or suspension of licence
59 Request by holder of licence
The holder of a licence may request Council in writing that the
licence be cancelled or suspended.
60 Cancellation or suspension after request
(1) Council may cancel or suspend a licence on receiving a request
under By-law 59.
Chapter 3 Licensing of premises
Part 3.4 Cancellation or suspension of licence
Alice Springs (Animal Management) By-laws 2008 17
(2) The cancellation or suspension takes effect from the date that it is
cancelled or suspended unless the holder of the licence nominates
a subsequent date (in which case the cancellation or suspension
takes effect from the later date).
(3) Council may reactivate a licence suspended under clause (1) upon
the request in writing of the holder of a licence.
61 Notice to show cause
Council may, by notice in writing served on the holder of the
licence, require the holder of the licence to show cause why the
licence should not be cancelled or suspended.
62 Consequent cancellation or suspension
Provided that at least 28 days have elapsed from service of the
notice under By-law 61, Council may cancel or suspend the licence
but only after considering any matter that the holder of the licence
has put to Council.
63 Notice of cancellation or suspension
(1) Where Council cancels or suspends a licence under By-law 62, it
must serve on the holder of the licence a notice in writing advising
of the cancellation or suspension.
(2) The notice referred to in clause (1) must give the reasons for
cancelling or suspending the licence.
(3) The cancellation or suspension takes effect 14 days after service of
the notice under clause (1).
64 Period of suspension
(1) A licence suspended under By-law 62 may be suspended for a
definite or indefinite period.
(2) Irrespective of whether the period of suspension is definite or
indefinite, Council may reactivate a licence suspended under
By-law 62 upon the request in writing of the holder of a licence.
(3) In reactivating a suspended licence under clause (2), Council may
impose conditions other than those to which is licence is at the time
subject.
Chapter 4 Declared dogs
Part 4.1 Declaration
Alice Springs (Animal Management) By-laws 2008 18
65 Notice of reactivation of licence
(1) Where Council reactivates a suspended licence under
By-law 64(2), it must serve on the holder of the licence a notice in
writing advising of the reactivation of the licence.
(2) Where Council imposes further conditions on the licence, the notice
referred to in clause (1) must set out the further conditions.
(3) The reactivation of the licence takes effect 14 days after service of
the notice under clause (1).
Part 3.5 Transfer of licence
66 Transfer from one premises to another
A licence in respect of one set of premises may not be transferred
to other premises.
67 Transfer to succeeding owner or occupier
Council may approve the transfer of a licence from an owner or
occupier of premises to a subsequent owner or occupier on the
application in writing of the subsequent owner or occupier.
Chapter 4 Declared dogs
Part 4.1 Declaration
68 Power to make declaration
Council may declare a dog to be a declared dog.
69 Basis of declaration
A dog may only be declared under By-law 68 if the dog:
(a) has killed an animal;
(b) has attacked a person or animal; or
(c) has menaced a person or animal.
70 Declaration notice
(1) On making a declaration under By-law 68, Council must serve on
the owner of the declared dog notice in writing of the declaration of
the dog.
Chapter 4 Declared dogs
Part 4.2 Control requirements
Alice Springs (Animal Management) By-laws 2008 19
(2) A declaration takes effect from the date of the service of the notice
under clause (1).
71 Period that declaration is in force
Unless revoked under By-law 72, a declaration lasts for the life of
the dog.
72 Revocation of declaration
(1) The owner of a declared dog may request Council in writing that the
declaration be revoked setting out the reasons for the request.
(2) Council may revoke a declaration on receiving a request under
clause (1).
(3) Where Council refuses a request to revoke a declaration, it must,
within 14 days of making that decision, serve on the owner of the
dog a notice in writing advising of the refusal and the reasons for
the refusal.
(4) Where Council refuses a request to revoke a declaration, it is not
obliged to consider a further request under clause (1) until
12 months have passed from service of a notice under clause (3).
Part 4.2 Control requirements
73 Application of Part
This Part 4.2 applies to a declared dog at all times while the
declaration is in force.
74 Fitting of implant
(1) A declared dog must be fitted with an implant.
(2) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
(3) It is a defence to a prosecution under clause (2) that the alleged
offence took place within 14 days of the owner being served with a
declaration notice.
75 Sterilization
(1) A declared dog must be sterilized.
(2) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
Chapter 4 Declared dogs
Part 4.2 Control requirements
Alice Springs (Animal Management) By-laws 2008 20
(3) It is a defence to a prosecution under clause (2) that the alleged
offence took place within 14 days of the owner being served with a
declaration notice.
76 Containment at premises
(1) When at the premises where it is kept, a declared dog must at all
times be contained in an enclosure that adequately prevents the
dog from:
(a) escaping from the premises; or
(b) attacking or menacing a person at the premises or any person
or animal outside the premises.
(2) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
(3) It is a defence to a prosecution under clause (2) that the alleged
offence took place within 7 days of the owner being served with a
declaration notice provided that at the time the alleged offence took
place the declared dog was restrained by a leash controlled by a
competent person.
(4) It is a further defence to a prosecution under clause (2) that the
alleged offence took place between sunrise and sunset provided
that at the time the alleged offence took place the declared dog was
restrained by a leash controlled by a competent person.
77 Signage at premises
(1) Signage must be erected at the premises where a declared dog is
kept showing the words "Warning: Dangerous Dog" clearly visible
and legible from all entrances to the premises in accordance with
the specifications of the Registrar.
(2) The specifications referred to in clause (1) must be set out in the
declaration notice.
(3) The owner or occupier of premises to which clause (1) applies may
elect to erect signs supplied by Council or supplied by the owner or
occupier.
(4) Where an election is made under clause (3) to erect signs provided
by Council, the cost of the signs becomes a debt due and owing by
the owner or occupier to Council recoverable at law.
(5) Where an election is made under clause (3) to erect signs provided
by the owner or occupier, the signs must be approved by the
Registrar.
Chapter 4 Declared dogs
Part 4.2 Control requirements
Alice Springs (Animal Management) By-laws 2008 21
(6) The owner or occupier of premises that does not satisfy (1) is guilty
of an offence.
(7) It is a defence to a prosecution under clause (6) that the alleged
offence took place within 7 days of the owner being served with a
declaration notice.
78 Fencing at premises
(1) Council may require the owner of a declared dog to fence the
premises where the dog is kept necessary to prevent it from
escaping from the premises.
(2) A requirement under clause (1) must be set out in the declaration
notice.
(3) The owner of a declared dog who fails to comply with a requirement
under clause (1) is guilty of an offence.
(4) It is a defence to a prosecution under clause (3) that the alleged
offence took place within 30 days of the owner being served with a
declaration notice provided that at the time the alleged offence took
place the declared dog was restrained by a leash controlled by a
competent person.
79 Other works or requirements
(1) Council may require the owner of a declared dog to carry out such
other works to the premises where the declared dog is kept or to
comply necessary for the protection of the public.
(2) Any requirement under clause (1) must be set out in the declaration
notice.
(3) A person who fails to comply with a requirement under clause (1) is
guilty of an offence.
80 Application of rest of Part
The rest of this Part 4.2 (By-laws 81, 82, 83, 84 and 85) only
applies when a declared dog is away from the premises where it is
kept.
81 Person having charge
(1) A declared dog must be under the sole charge of a person of at
least 17 years of age.
(2) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
Chapter 4 Declared dogs
Part 4.2 Control requirements
Alice Springs (Animal Management) By-laws 2008 22
82 Restraint
(1) A declared dog must be restrained by a leash or similar restraint not
more than 1.5 metres in length.
(2) To avoid doubt, where the leash is extendable, clause (1) refers to
the maximum length that the leash can be extended.
(3) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
(4) It is not a defence to a prosecution under clause (3) that at the time
the offence took place the declared dog was contained in a vehicle
in any way.
83 Special collar
(1) A declared dog must be fitted with a collar inscribed "Dangerous
Declared Dog" in yellow letters on silver.
(2) The owner of the declared dog may elect to fit a collar supplied by
Council or supplied by the owner.
(3) Where an election is made under clause (2) to fit a collar supplied
by Council, the cost of the collar becomes a debt due and owing by
the owner to Council recoverable at law.
(4) Where an election is made under clause (3) to fit a collar supplied
by the owner, the collar must be approved by the Registrar.
(5) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
84 Muzzling
(1) A declared dog must be muzzled.
(2) The owner of a declared dog that does not satisfy clause (1) is
guilty of an offence.
85 Prohibition at private, commercial and retail premises
(1) A declared dog must not be on or at private, commercial and retail
premises.
(2) The owner of a declared dog that is on or at such premises is guilty
of an offence.
(3) Clause (1) does not apply where the declared dog is being treated
on or at premises occupied by a veterinary surgeon for the purpose
of practising veterinary medicine.
Chapter 4 Declared dogs
Part 4.3 Notification requirements
Alice Springs (Animal Management) By-laws 2008 23
Part 4.3 Notification requirements
86 Change of premises
(1) Where the premises at which a declared dog is kept changes, the
owner of a declared dog must notify the Registrar of the change.
(2) Clause (1) applies irrespective of whether the declared dog is
presently kept within the municipality.
(3) The notification required under clause (1) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 7 days after the change takes place.
(4) A person who contravenes clause (1) is guilty of an offence.
87 Declared dog returning to municipality
(1) This By-law 87 applies to a dog which:
(a) was previously kept within the municipality;
(b) was more recently kept outside the municipality;
(c) is again to be kept in the municipality; and
(d) is a declared dog.
(2) The owner of a declared dog to which clause (1) applies must notify
the Registrar that the declared dog is again being kept within the
municipality.
(3) The notification required under clause (2) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 7 days after resumption of the keeping of
the declared dog within the municipality.
(4) A person who contravenes clause (2) is guilty of an offence.
88 Attack or injury
(1) Where a declared dog attacks or injures a person or animal, the
owner of a declared dog must notify the Registrar of the attack or
injury.
Chapter 4 Declared dogs
Part 4.3 Notification requirements
Alice Springs (Animal Management) By-laws 2008 24
(2) The notification required under clause (1) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 24 hours after the attack.
(3) A person who contravenes clause (1) is guilty of an offence.
89 Allegation of attack or injury
(1) Where the owner of a declared dog becomes aware of an allegation
that the declared dog attacked or injured a person or animal, the
owner of the dog must notify the Registrar of the attack or injury.
(2) The notification required under clause (1) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 24 hours after becoming aware of the
allegation.
(3) A person who contravenes clause (1) is guilty of an offence.
90 Disappearance
(1) Where the whereabouts of a declared dog becomes unknown to the
owner, the owner must notify the Registrar of the absence.
(2) The notification required under clause (1) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 24 hours after the absence being first
noticed.
(3) A person who contravenes clause (1) is guilty of an offence.
91 Death
(1) Where a declared dog dies, the owner of the declared dog must
notify the Registrar of the death.
(2) The notification required under clause (1) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 24 hours after the death being first noticed.
(3) A person who contravenes clause (1) is guilty of an offence.
Chapter 4 Declared dogs
Part 4.5 Declaration fee
Alice Springs (Animal Management) By-laws 2008 25
Part 4.4 Transfer of ownership
92 Sale or gift
(1) The owner of a declared dog must not sell or give the declared dog
to a person under 17 years of age.
(2) A person who contravenes clause (1) is guilty of an offence.
93 Requirement to notify prospective owner
(1) In this By-law 93, prospective owner means a prospective
purchaser of a declared dog or the intended beneficiary of a gift of a
declared dog by the owner of the declared dog.
(2) The owner of a declared dog must notify a prospective owner of the
fact that the dog is a declared dog.
(3) The notification required under clause (2) must be in writing in a
form prescribed by Council.
(4) A person who contravenes clause (2) is guilty of an offence.
94 Requirement to notify Registrar
(1) Where the ownership of a declared dog changes, the previous
owner of the declared dog must notify the Registrar of the change
of the ownership.
(2) The notification required under clause (1) must be:
(a) in writing in a form prescribed by Council; and
(b) given no later than 7 days after the change of the ownership
taking place.
(3) A person who contravenes clause (1) is guilty of an offence.
Part 4.5 Declaration fee
95 Initial declaration fee
(1) Within 14 days of being served with a declaration notice, the owner
of a declared dog must pay to the Registrar the initial declaration
fee.
(2) To avoid doubt, the initial declaration fee is separate from and
additional to the registration fee applying to the declared dog.
Chapter 5 Offences involving animals
Part 5.1 Offences involving animal behaviour
Alice Springs (Animal Management) By-laws 2008 26
96 Annual declaration fee
(1) The owner of a declared dog must pay annually to the Registrar the
annual declaration fee.
(2) The annual declaration fee must be paid no later than the 1st day of
July of each year.
(3) To avoid doubt, the annual declaration fee is separate from and
additional to the registration fee applying to the declared dog.
97 No refund
(1) The owner of a declared dog is not entitled to a pro rata refund of
the initial declaration fee because:
(a) less than one year has passed between payment of the fee
and the 30th day of June next occurring; or
(b) the declared dog dies or is otherwise disposed of before the
30th day of June next occurring.
(2) The owner of a declared dog is not entitled to a pro rata refund of
the annual declaration fee because the declared dog dies or is
otherwise disposed of within 12 months of the payment of the
annual declaration fee.
98 Transfer of ownership
(1) Where a person acquires ownership of a declared dog, the person
is not required to pay the annual declaration fee until the 1st day of
July next occurring.
(2) Clause (1) does not apply where the annual declaration fee has not
been paid for that year.
Chapter 5 Offences involving animals
Part 5.1 Offences involving animal behaviour
99 Dog attack
(1) The owner of a dog that attacks a person is guilty of an offence.
(2) The owner of a dog that menaces a person is guilty of an offence.
(3) The owner of a dog that attacks an animal is guilty of an offence.
(4) The owner of a dog that menaces an animal is guilty of an offence.
Chapter 5 Offences involving animals
Part 5.1 Offences involving animal behaviour
Alice Springs (Animal Management) By-laws 2008 27
(5) It is a defence to a prosecution for an offence against clauses (1),
(2), (3) and (4) if the owner of the dog proves that a person had,
without the owner's permission, invited, encouraged or provoked
the dog to attack or menace the person or animal.
(6) To avoid doubt, the defence provided for in clause (5) is available
irrespective of whether the person who invited, encouraged or
provoked the dog was the person who was attacked or menaced.
(7) It is a defence to a prosecution for an offence against clauses (1)
and (2) if the owner of the dog proves that the person attacked or
menaced was attacked or menaced on premises owned or
occupied by the owner and the person was on the premises without
reasonable cause.
100 Multiple attacks
(1) The owner of a dog that attacks or menaces a person or animal
more than once in any 12 month period is guilty of an offence.
(2) To avoid doubt, an offence under clause (1) is separate from and
additional to an offence against By-law 99.
101 Attack by declared dog
(1) The owner of a declared dog that attacks or menaces a person or
animal is guilty of an offence.
(2) To avoid doubt, an offence under clause (1) is separate from an
offence against By-law 99.
102 Dog running at or chasing vehicles
(1) The owner of a dog that runs at or chases a vehicle is guilty of an
offence.
(2) For the purposes of clause (1), vehicle includes a bicycle, tricycle
and motorised wheelchair.
103 Animal causing nuisance
(1) The owner of an animal who permits the animal, either by itself or in
concert with other animals, to be a nuisance is guilty of an offence.
(2) For the purposes of clause (1), an animal is a nuisance if it is
offensive or endangers the health of any person or animal (other
than in the course of droving, working or protecting stock).
Chapter 5 Offences involving animals
Part 5.1 Offences involving animal behaviour
Alice Springs (Animal Management) By-laws 2008 28
(3) Without limiting the generality of clause (2), a dog is a nuisance if it:
(a) makes a noise, by barking or otherwise, that persistently
occurs or continues to a degree or extent that it unreasonably
interferes with the peace, comfort or convenience of any
person in any other premises;
(b) repeatedly defecates in a public place as to cause annoyance
to a particular person;
(c) is habitually at large;
(d) chases or runs at any person or animal (other than in the
course of droving, working or protecting stock); or
(e) damages any property when away from the premises where it
is kept.
(4) As an alternative to prosecution under this By-law 103, an
authorised person may serve on the owner of the animal causing
the nuisance a notice in writing requiring the owner to have the
animal suitably trained to prevent the behaviour constituting the
offence.
(5) The notice referred to in clause (4) must set out the type of training
that the animal must undergo and the period in which it must be
undertaken.
(6) A person who does not comply with the notice served under
clause (4) is guilty of an offence.
104 Animal at large
(1) The owner of an animal that is at large is guilty of an offence.
(2) For the purposes of clause (1), an animal is at large where the
animal is away from the premises where it is kept and not under
effective control.
(3) Clause (1) does not apply between the hours of 5 am and 8 am and
between the hours of 5 pm and 8 pm where a dog is being
exercised by its owner on a park or reserve specified in Part A of
Schedule 1.
(4) Additionally, clause (1) does not apply between the hours of 5 am
and 8 am where a dog is being exercised by its owner on a sports
ground specified in Part B of Schedule 1.
Chapter 5 Offences involving animals
Part 5.2 Offences also involving persons
Alice Springs (Animal Management) By-laws 2008 29
(5) However, clauses (3) and (4) only apply if the dog is:
(a) within 6 metres of the owner; and
(b) immediately responsive to the basis voice commands of the
owner.
105 Female dog in oestrus
(1) The owner of a female dog in oestrus that is in a public place is
guilty of an offence.
(2) It is a defence to prosecution under clause (1) that the dog was
under effective control and being taken to:
(a) a veterinary surgeon for treatment;
(b) a kennel for boarding;
(c) a stud dog for breeding purposes;
(d) a conformation show; or
(e) any other event or place approved by the Registrar.
106 Dogs and cats in places with other animals
(1) The owner of a dog or cat that is in a field, paddock, yard or other
place in which another animal is confined is guilty of an offence.
(2) Clause (1) does not apply:
(a) where the dog or cat is in the field, paddock, yard or other
place with the consent of the owner of the other animal; or
(b) where the field, paddock, yard or other place is:
(i) owned by the owner of the dog or cat; or
(ii) a pound.
Part 5.2 Offences also involving persons
107 Enticing or inducing dog to attack
A person who entices or induces a dog to attack or menace a
person or animal is guilty of an offence.
Chapter 5 Offences involving animals
Part 5.2 Offences also involving persons
Alice Springs (Animal Management) By-laws 2008 30
108 Enticing or inducing animal to be in breach
A person who entices or induces an animal to act in a manner or be
in a situation that would render its owner to be liable for an offence
against these By-laws is guilty of an offence.
109 Failing to contain a dog
(1) The owner of a dog that is not properly contained at the premises
where it is kept is guilty of an offence.
(2) For the purposes of clause (1), properly contained means:
(a) kept within a fenced area in a manner that does not enable the
dog to escape;
(b) kept inside a building, vehicle or other enclosure which does
not enable the dog to escape; or
(c) restrained by a leash or similar restraint which does not
enable the dog to break free or attack.
(3) Clause (1) applies irrespective of the ability or financial capacity of
the owner to provide the necessary fencing, containment or
restraint.
110 Keeping or permitting animal in animal restriction area
(1) The owner of an animal that is kept in an animal restriction area
where the keeping of the animal is prohibited is guilty of an offence.
(2) The owner of an animal that is at or in an animal restriction area
where the presence of the animal is prohibited is guilty of an
offence.
(3) Clauses (1) and (2) do not apply to a guide dog or a hearing dog.
(4) For the purposes of clause (3):
(a) a guide dog means a dog, trained by an approved guide dog
association, used as a guide dog by a person who is wholly or
partially blind; and
(b) a hearing dog means a dog, certified as a hearing dog by an
approved hearing dog association, used as an aid by a person
who is wholly or partially deaf.
111 Abandoning animal
(1) A person who abandons an animal is guilty of an offence.
Chapter 6 Seizure, removal and destruction of animals
Part 6.1 Power of seizure
Alice Springs (Animal Management) By-laws 2008 31
(2) For the purposes of clause (1), abandon includes deliberately:
(a) leaving an animal at premises other than its usual premises
without the consent of the owner or occupier of those
premises; and
(b) failing to obtain the release of an animal from the pound.
112 Dog faeces
(1) The owner of a dog that deposits faeces in a public place who fails
to immediately remove and dispose of the faeces is guilty of an
offence.
(2) For the purposes of clause (1), the faeces must be disposed of in a
receptacle carried for the purpose or on the owner's property.
(3) To avoid doubt, the faeces may not be disposed of in the gutter of a
road.
Chapter 6 Seizure, removal and destruction of animals
Part 6.1 Power of seizure
113 Diseased and like animals
An authorised person may seize an animal that is apparently:
(a) diseased;
(b) injured;
(c) savage;
(d) destructive; or
(e) stray.
114 Animal causing nuisance
An authorised person may seize an animal causing a nuisance for
the purposes of By-law 103.
115 Animal at large
An authorised person may seize an animal that is at large.
Chapter 6 Seizure, removal and destruction of animals
Part 6.2 Requirement to deliver animal to pound
Alice Springs (Animal Management) By-laws 2008 32
116 Unregistered dog or cat
An authorised person may seize an unregistered dog or
unregistered cat that is required to be registered under these
By-laws.
117 Animal kept at unlicensed premises
An authorised person may seize an animal kept at premises which
are not licensed to permit the keeping of the animal.
118 Declared dog
An authorised person may seize a declared dog where:
(a) the dog attacks or menaces a person or animal while the
declaration is in force;
(b) the owner of the dog has not complied with a control
requirement; or
(c) the initial declaration fee or the annual declaration fee (as the
case may be) applying to the dog has not been paid.
119 Animal trap
An animal may be seized under this Part 6.1 by means of an
approved animal trap.
Part 6.2 Requirement to deliver animal to pound
120 General requirement
Subject to By-law 121 and Part 6.3, an authorised person who
seizes an animal under Part 6.1 must deliver the animal to the
pound as soon as practicable after seizing it.
121 Owner in vicinity
Where the owner is in the vicinity, the authorised person may return
the animal to the owner.
Chapter 6 Seizure, removal and destruction of animals
Part 6.4 Requisition to owner or occupier
Alice Springs (Animal Management) By-laws 2008 33
Part 6.3 Destruction and removal of animal
122 General power
(1) Despite By-law 120, an authorised person may destroy a seized
animal without delivering it to a pound where the authorised person
believes on reasonable grounds:
(a) that the animal is a declared dog and the dog has attacked or
injured a person or animal; or
(b) that it is necessary or humane to do so.
(2) The power given by clause (1) includes the power to cause the
animal to be destroyed.
(3) No claim or action by the owner of an animal may lie against
Council or an authorised person in respect or arising out of an
authorised person acting in accordance with clause (1).
123 Removal of carcass
An authorised person may cause the carcass of a dead animal that
is found in a public place to be removed and disposed of.
124 Recovery of costs
Council may claim from the owner of the animal the cost of
destroying removing and disposing of the animal or carcass under
this Part 6.3 as a debt due and owing.
Part 6.4 Requisition to owner or occupier
125 Animal at large in public place
(1) An authorised person may require the owner of an animal at large
in a public place to immediately remove the animal.
(2) A person who does not comply with clause (1) is guilty of an
offence.
126 Diseased, injured, savage, destructive and dead animals
(1) An authorised person may by notice in writing served on the owner
of an animal that is apparently:
(a) diseased;
(b) injured;
Chapter 7 Pounds
Part 7.1 Operation of pound
Alice Springs (Animal Management) By-laws 2008 34
(c) savage; or
(d) destructive
require the owner to remove and destroy the animal within a
specified period.
(2) Clause (1) applies irrespective of whether the animal is in a public
place or on private premises.
(3) An authorised person may by notice in writing served on the owner
or occupier of premises on which the carcass of a dead animal is
found, require the owner or occupier to remove and dispose of the
carcass within a specified period.
(4) In the absence of evidence to the contrary, the owner or occupier of
premises where an animal or carcass is found is deemed to be the
owner of the animal.
(5) A person who does not comply with clauses (1) or (3) is guilty of an
offence.
Chapter 7 Pounds
Part 7.1 Operation of pound
127 Requirement to maintain and operate
Council must at all times maintain and operate a pound in the
municipality.
128 Pound manager
(1) Council must ensure that there is a pound manager or pound
managers appointed for the pound at all times.
(2) A pound manager must be an authorised person.
(3) A pound manager may be an employee of Council, a contractor of
Council or an employee of the contractor.
129 Hours of operation
The pound must be operated for the determined hours.
130 Fees
Council may charge the determined fees for the maintenance and
release of animals impounded under Part 7.2.
Chapter 7 Pounds
Part 7.2 Impounding and release of animals
Alice Springs (Animal Management) By-laws 2008 35
Part 7.2 Impounding and release of animals
131 Requirement to impound
The pound manager must, subject to this Chapter 7, impound an
animal delivered into the care of the pound manager.
132 Notice of impounding
(1) Where an animal displays a tag or is fitted with an implant, the
pound manager must notify, as soon as practicable, either the
owner of the animal or the Registrar that the animal has been
impounded.
(2) Where the Registrar is notified that an animal has been impounded
under clause (1), the Registrar must, as soon as practicable, notify
the owner of the animal accordingly.
(3) Except as required by clauses (1) or (2), the pound manager or
Registrar is not obliged to notify the owner of an animal of the
impounding of the animal.
133 Release generally
(1) The pound manager may release an animal that has been
impounded.
(2) The pound manager must only release the animal to the owner or
the owner's agent.
(3) The onus of proving that the person referred to in clause (2) is
authorised to act as agent of the owner lies on the person asserting
that fact.
(4) The animal must not be released unless the applicable
maintenance and release fees are paid together with any fees or
costs payable under By-law 138.
134 Unregistered dogs and cats
(1) The pound manager must not release a dog or cat from the pound
unless it is registered.
(2) Clause (1) does not apply where the dog is kept outside the
municipality.
(3) The burden of proving the application of clause (2) lies on the
person seeking the release of the dog.
Chapter 7 Pounds
Part 7.3 Diseased animals
Alice Springs (Animal Management) By-laws 2008 36
Part 7.3 Diseased animals
135 Requirement to isolate animal
Where an animal at a pound is diseased or is suspected of being
diseased, the pound manager must, as soon as practicable, isolate
the animal from other animals in the pound.
136 Notice to owner
(1) Where an animal is isolated under By-law 135, the pound manager
must, as soon as practicable, notify either the owner of the animal
or the Registrar that the animal is diseased.
(2) Where the Registrar is notified that an animal has been isolated
under clause (1), the Registrar must, as soon as practicable, notify
the owner of the animal accordingly.
(3) Clause (1) only applies where the animal displays a tag or is fitted
with an implant.
137 Production of report
(1) The pound manager may require the owner of a diseased animal at
a pound to produce to the pound manager, within the time specified
by the pound manager, a report prepared by a veterinary surgeon
or by another person specified by the pound manager relating to:
(a) the diseased animal; and
(b) all other animals kept at the premises where the diseased
animal is kept.
(2) A requirement under clause (1) must be in writing and served on
the owner of the diseased animal.
(3) Where a person is served with a notice under clause (2), the person
must produce the report within the time specified in the notice.
(4) A person who fails to comply with clause (3) is guilty of an offence.
138 Recovery of costs
The cost of treatment reasonably provided by a pound manager to
a diseased animal, and to any other animal in the pound that was
infected or was at risk of being infected by the diseased animal
before the pound manager could reasonably isolate it, is a debt due
and payable by the owner of the diseased animal to Council.
Chapter 7 Pounds
Part 7.5 Disposal
Alice Springs (Animal Management) By-laws 2008 37
Part 7.4 Sale
139 Power of sale
Subject to this Part 7.4 and Part 7.7, Council may sell an animal
impounded in the pound.
140 Not immediately exercisable
Council may not exercise the power conferred by By-law 139 before
the expiration of 3 days from the date the animal was impounded.
141 Surrendered animal
Despite By-law 140, an animal may be sold before the expiration of
the period referred to in that By-law where the owner has
surrendered the animal to the pound manager and signed a form
prescribed by Council for that purpose.
142 Exercisable by pound manager or Registrar
The power conferred by By-law 139 may be exercisable by the
pound manager or Registrar.
143 Legal effect of sale
Where an animal is sold under By-law 139:
(a) ownership of the animal vests in the purchaser of the animal:
(b) all previous rights of ownership in and to the animal are
deemed to have been extinguished; and
(c) no claim or action may lie against Council or an employee or
contractor of Council in respect of or arising out of the sale of
the animal.
Part 7.5 Disposal
144 Power of disposal
(1) Where Council may exercise the power to sell an animal that has
been impounded, it may alternatively dispose of the animal.
(2) For the purposes of clause (1), to dispose of an animal other than
by sale includes to destroy the animal or to cause it to be
destroyed.
Chapter 7 Pounds
Part 7.6 Assignment of rights
Alice Springs (Animal Management) By-laws 2008 38
145 Exercisable by pound manager or Registrar
The power conferred by By-law 144 may be exercisable by the
pound manager or Registrar.
146 Manner of destruction
Where an animal is to be destroyed under By-law 144(2) or
By-law 153(1), it must not be destroyed other than:
(a) by a veterinary surgeon or a person who is, in the pound
manager's opinion, qualified to kill the animal; and
(b) in a manner that is approved by the Australian Veterinary
Association.
147 No liability
No claim or action by the owner of an animal may lie against
Council or an authorised person in respect or arising out of an
authorised person acting in accordance with this Part 7.5 or
Part 7.7.
148 No limitation on By-law 122
Nothing in this Part 7.5 limits the power of an authorised person
acting under By-law 122.
Part 7.6 Assignment of rights
149 Power of assignment
(1) After the expiration of the period referred to in By-law 140, Council
may assign its rights in and to the animal to an approved animal
welfare organisation.
(2) Where an animal has been surrendered under By-law 141, Council
may make the assignment referred to in clause (1) before the
expiration of the period referred to in By-law 140.
150 Sale by animal welfare organisation
(1) Where the rights in and to an animal have been assigned under
By-law 144, the animal welfare organisation may thereafter sell or
otherwise dispose of the animal.
(2) Where an animal welfare organisation sells the animal under
clause (1):
(a) By-law 143 also applies; and
Chapter 8 Enforcement generally
Alice Springs (Animal Management) By-laws 2008 39
(b) no claim or action by the owner of the animal may lie against
the animal welfare organisation or an employee or volunteer of
that organisation.
Part 7.7 Declared dogs
151 Prohibition on release
The pound manager must not release a declared dog to its owner.
152 Prohibition on sale
The pound manager must not sell or give away a declared dog.
153 Requirement to destroy
(1) The pound manager must destroy a declared dog or cause it to be
destroyed.
(2) In complying with clause (1), the pound manager is not limited by
By-law 140.
Chapter 8 Enforcement generally
154 Hindering or obstructing
(1) A person who hinders or obstructs:
(a) an authorised person; or
(b) an employee or contractor of Council
in the exercise of powers under these By-laws is guilty of an
offence.
(2) To avoid doubt, clause (1) applies to a pound manager.
155 Removing animal from custody
(1) A person who removes or attempts to remove an animal from the
custody of an authorised person is guilty of an offence.
(2) To avoid doubt, an animal is deemed to be in custody where it is in
an authorised animal trap.
156 Removing animal from pound
A person who removes or attempts to remove an animal from a
pound except under these By-laws is guilty of an offence.
Chapter 8 Enforcement generally
Alice Springs (Animal Management) By-laws 2008 40
157 Authorised person requiring information
(1) Where an authorised person reasonably suspects a person of
having committed an offence against these By-laws, the authorised
person may require the person to state the person's name, address
and date of birth.
(2) A person who, without reasonable excuse, fails to provide the
information required under clause (1) is guilty of an offence.
(3) A person who provides false information when required to provide
information under clause (1) is guilty of an offence.
158 Proof of identity
(1) Where an authorised person reasonably suspects a person of
having committed an offence against these By-laws, the authorised
person may require the person to provide further evidence of
identity of a specified kind.
(2) A person who, without reasonable excuse, fails to provide the
further proof of identity required under clause (1) is guilty of an
offence.
(3) Where a person has reasonable excuse for failing to provide the
further proof of identity required under clause (1), the person must,
within 2 business days, provide the further proof of identity at the
office of Council.
(4) A person to whom clause (3) applies who fails to provide the further
proof of identity within the specified period is guilty of an offence.
159 False statement in document
A person who makes a false statement in a document required or
permitted under these By-laws is guilty of an offence.
160 Proof of sterilisation
(1) Where it is a requirement of these By-laws that an animal is
sterilised, proof that the animal is sterilised may only be provided by
a certificate in an approved form signed by a veterinary surgeon to
that effect.
(2) The owner of an animal that is not sterilised is guilty of an offence
by stating or holding out, when selling or otherwise disposing of the
animal, that the animal in sterilised.
Chapter 8 Enforcement generally
Alice Springs (Animal Management) By-laws 2008 41
161 Police assistance
(1) An authorised person may call on a member of the Police Force for
assistance in the exercise of powers under these By- laws.
(2) Without limiting their general power, members of the Police Force
may arrest or remove persons offending against these By-laws.
162 Service of notices
A notice Council is required or permitted to serve under these
By-laws may be served:
(1) personally on the person to whom it is addressed;
(2) by leaving it for the person at the person's place of residence,
employment or business; or
(3) by posting it, addressed to the person, at the person's last
known place of residence, employment or business.
163 Regulatory offence
Any offence against these By-laws is a regulatory offence.
164 Penalties
(1) Subject to clause (2), a person who is guilty of an offence against
these By-laws is liable to a penalty not exceeding 30 penalty units
and, in addition, to a penalty not exceeding 10 penalty units for
each day during which the offence continues.
(2) Where the offence relates to a declared dog, the person guilty of
the offence is liable to a penalty not exceeding 50 penalty units and,
in addition, to a penalty not exceeding 10 penalty units for each day
during which the offence continues.
165 Infringement notices
(1) Despite by-law 164, as an alternative to prosecution, a person who
is alleged to have contravened or failed to comply with a by-law
specified in column 1 of Schedule 2 may be served with an
infringement notice under which the person may pay to the Council
a sum (in this By-law 165, a fixed penalty) in lieu of the penalty by
which the infringement of that By-law is otherwise punishable.
Chapter 8 Enforcement generally
Alice Springs (Animal Management) By-laws 2008 42
(2) For the purposes of this By-law 165:
(a) the sum specified in column 3 of Schedule 2 is the fixed
penalty payable under an infringement notice for an
infringement of the By-law specified opposite in column 1, and
generally described opposite in column 2, of Schedule 2;
(b) an infringement notice is to be in a determined form and
include:
(i) the name of the alleged offender;
(ii) in general terms, the nature of the offence alleged to
have been committed;
(iii) the date, time and place of the alleged offence;
(iv) the amount of the fixed penalty; and
(v) the period within which, and the place where, the fixed
penalty may be paid.
(c) an infringement notice may be issued and served by an
authorised person; and
(d) the fixed penalty specified in an infringement notice is to be
paid to Council within 14 days of the date on which the
infringement notice is served on the alleged offender.
(3) An infringement notice is to also contain statements to the effect:
(a) that the alleged offender may expiate the offence and avoid
enforcement action under the Fines and Penalties (Recovery)
Act 2001) (in this By-law 170, the Act) if he or she pays the
fixed penalty to Council within 14 days of service of the
infringement notice;
(b) that if the alleged offender pays the fixed penalty within the
period specified in the infringement notice, Council will take no
further action in relation to the offence;
(c) that the alleged offender may, if he or she so wishes, be dealt
with by a court of competent jurisdiction by electing under
section 21 of the Act to have the matter dealt with by a court
instead of under that Act by completing a statement of election
and serving it on Council:
(i) at any time before a courtesy letter under the Act is
served on the alleged offender; or
Chapter 8 Enforcement generally
Alice Springs (Animal Management) By-laws 2008 43
(ii) if a courtesy letter is served on the alleged offender,
before the due date specified in that letter;
(d) that if the alleged offender does not pay the fixed penalty
within the period specified in the infringement notice and does
not within that period serve on Council a statement of election
under the Act:
(i) the Act will apply and the alleged offender may be
served with a courtesy letter in accordance with that Act
requiring payment of the fixed penalty together with the
costs in respect of the issue of that letter; and
(ii) if the alleged offender does not make the payment as
required by a courtesy letter, enforcement action may be
taken against him or her under the Act which, after due
process, may result in the suspension of the alleged
offender's licence to drive, the seizure of property, the
deduction of wages or salary, the registration of a
statutory charge on land, a community work order or
imprisonment if a community work order is breached;
(4) An infringement notice is to also contain a statement of election
under the Act that includes the information required by
regulation 7(1) of the Fines and Penalties (Recovery)
Regulations 2001.
(5) A fixed penalty may be expressed by way of penalty units including
fractions of a penalty unit.
Schedule 1
Alice Springs (Animal Management) By-laws 2008 44
Schedule 1
By-law 104(3) and (4)
PART A: Parks and reserves where dogs may be exercised without
leash between 5 am and 8 am and 5 pm and 8 pm
Name Location
Acacia Park Acacia Street
Ashwin Park Ashwin Street
Battarbee Park Battarbee Street
Beefwood Park Plumbago Crescent, Saltbush Court and
Beefwood Court
Bougainvilia Park Bouganvilia Avenue and Cypress Crescent
Campbell Park Campbell Street and Lackman Terrace
Chalmers Park Chalmers Street and Cora Crescent
Davidson Park Davidson and McKay Streets
Day Park Day and Nichols Streets
Dixon Park Dixon Road
Eagle Court Park Eagle and Moore Courts
Finlayson Park Finlayson Street and Carruthers Crescent
Forrest Park Forrest Crescent
Frank McEllister Park Larapinta Drive
Francis Smith Park Kurrajong Drive
Gillen Park Mueller and Goyder Streets
Grey Park Grey Court and Woods Terrace
Heidenreich Court Park Heidenreich Court
Kilgariff Park Kilgariff Crescent and Laver Court
Kunoth Park Kunoth Street and Woods Terrace
Schedule 1
Alice Springs (Animal Management) By-laws 2008 45
Lewis Gilbert Park Hillside Gardens
Lyndavale Park Lyndavale Drive
Maynard Park Head Street and Lackman Terrace
Newland Park Milner Road and Newland Street
Noonie Park Rieff Court
Oleander Park Oleander Crescent and Banksia Street
Plowman Park Plowman and Bruce Streets
Prickle Park Sturt Terrace
Roberts Park Roberts and Hablett Crescent
Rotoract Park Madigan Street and Angguna Avenue
Spencer Park Spencer and Bacon Streets
Spicer Crescent Park Spicer and Irvine Crescents
Sturt Terrace Park Sturt Terrace
Tucker Park Tucker and Cheong Streets
Westland Park Leichhardt and Wills Terraces
PART B: Sports grounds where dogs may be exercised without leash
between 5 am and 8 am
Name Location
Albrecht Oval Larapinta Drive and Jamieson Place
Anzac Oval Wills Terrace
Flynn Oval Flynn Drive and Adamson Avenue
Larapinta Ovals Milner Road, Memorial Avenue and Palmer
Street
Rhonda Diano Oval Dixon Road
Ross Park Ovals Undoolya Road and Winnecke Avenue
Schedule 2
Alice Springs (Animal Management) By-laws 2008 46
Schedule 2
By-law 165(1)
and (2)(a)
FIXED PENALTIES
Column 1
By-law
Column 2
General Description of Offence
Column 3
Penalty units
24(2) Failing to register dog or cat 2
41(1) Removing tag from dog or cat 1
42(1) Placing tag on wrong dog or cat 2
43 Dog or cat at large without tag 3
46(2) Failing to obtain licence for multiple dogs and
cats
3
47(2) Failing to obtain licence for breeding cats 3
74(2) Failing to fit declared dog with implant 5
75(2) Failing to sterilise declared dog 5
76(2) Failing to contain declared dog 10
77(6) Failing to place sign at premises of declared dog 5
78(3) Failing to fence premises of declared dog 5
79(3) Failing to comply with requirement in relation to
declared dog
5
81(2) Failing to ensure that declare dog is under sole
charge of person at least 17
6
82(3) Failing to ensure that declared dog is leashed 6
83(5) Failing to fit collar to declared dog 6
Schedule 2
Alice Springs (Animal Management) By-laws 2008 47
84(2) Failing to muzzle declared dog 6
85(2) Failing to prevent declared dog from being on
private, commercial or retail premises
6
86(4) Failing to give notice of change of premises of
declared dog
4
87(4) Failing to give notice of return of declared dog to
municipality
4
88(3) Failing to give notice of attack or injury by
declared dog
10
89(3) Failing to give notice of allegation of attack or
injury by declared dog
10
90(3) Failing to give notice of disappearance of
declared dog
6
91(3) Failing to give notice of death of declared dog 2
92(2) Selling or giving declared dog to person
under 17
6
93(4) Failing to give notice of declaration of declared
dog to prospective purchaser
8
94(4) Failing to give notice of change of ownership of
declared dog to Registrar
8
99(1) Dog attacking person 15
99(2) Dog menacing person 10
99(3) Dog attacking animal 10
99(4) Dog menacing animal 6
100(1) Dog attacking more than once 15
101(1) Declared dog attacking person or animal 20
102(1) Dog running at or chasing vehicle 3
103(1) Animal causing nuisance 4
Schedule 2
Alice Springs (Animal Management) By-laws 2008 48
103(6) Failing to comply with notice to have animal
undergo training
2
104(1) Animal at large 5
105(1) Female dog in oestrus in public place 2
106(1) Permitting dog or cat in place with other animals 2
107 Enticing or inducing dog to attack 10
108 Enticing or inducing animal to be in breach 5
109(1) Failing to keeping dog contained at premises 2
110(1) Keeping animal in animal restriction area 2
110(2) Permitting animal to be present in animal
restriction are
2
111(1) Abandoning animal 5
112(1) Failing to remove and dispose of dog faeces 2
125(2) Failing to remove animal from public place 3
126(5) Failing to remove and destroy animal 3
126(5) Failing to remove and dispose of carcass 3
137(4) Failing to produce report to pound manager 3
154(1) Hindering or obstructing 4
155 Removing animal from custody 4
156 Removing animal from pound 4
157(2) Failing to provide information 4
157(3) Providing false information 5
158(2) Failing to provide proof of identity 4
Schedule 2
Alice Springs (Animal Management) By-laws 2008 49
158(4) Failing to subsequently provide proof of identity 4
159 Making false declaration in document 5
160(2) Holding out animal to be sterilised 5
These by-laws were made by special resolution of the Alice Springs
Town Council at its Ordinary meeting on the 29th day of
September 2008.
Rex Roger Money
CHIEF EXECUTIVE OFFICER
ENDNOTES
Alice Springs (Animal Management) By-laws 2008 50
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Alice Springs (Animal Management) By-Laws 2008 (SL No. 30, 2008)
Notified 19 November 2008
Commenced 19 November 2008
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 3, 5, 20, 23 and 165.