57Serious dog attack

57 Serious dog attack (1) The owner of a dog must ensure that it does not: (a) bite a person or another animal causing a puncture or break to the skin; or

City of Darwin By-laws 2023 30 (b) assault a person or another animal resulting in bleeding, bone breakage, sprains, scratches or bruising. (2) The owner of a dog commits an offence if the owner fails to comply Maximum penalty: 80 penalty units or, for an aggravated offence, 100 penalty units. The infringement amount is 7 penalty units or, for an aggravated offence, 9 penalty units. (4) The maximum penalty specified in clause (2) for an aggravated offence applies to the offence if the bite or assault causes or results in substantial injury to, or death of, the person or the other animal. Examples of substantial injury 1 Multiple and deep punctures from a single bite. 2 An injury requiring hospital or veterinary treatment. 3 Infection or deep bruising around the wound or wounds from the dog shaking its head from side to side. 58 Defences It is a defence to a prosecution for an offence against by-law 55 or 56 if: (a) another person had, without the defendant's permission, caused the dog to menace or attack the person or another animal; or (b) in the case of another animal being menaced or attacked – the other animal was on premises owned or occupied by the defendant without consent; or (c) in the case of a person being menaced or attacked – the person was on premises owned or occupied by the defendant without consent. Note for by-law 58

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