78Animal causing nuisance

78 Animal causing nuisance (1) The owner of an animal must ensure that the animal is not a nuisance to people or other animals.

City of Darwin By-laws 2023 41 (2) For these By-laws, an animal is taken to be a nuisance if it: (a) is injurious or dangerous to the health of the community or another person or animal; or (b) behaves repeatedly in a manner contrary to the general interest of the community or specific interests of another person; or (c) creates a noise or an odour to a degree or extent that disturbs the reasonable mental, physical or social well-being of a person other than its owner; or (d) defecates to a degree or extent that causes annoyance to a person other than its owner. Examples for clause (2)(c) 1 Constant or loud dog barking, cat caterwauling, rooster crowing or bird squawking, especially when pedestrians walk past the premises. 2 Noxious smelling coops or cages used for keeping poultry. (3) The owner of an animal that defecates in public must immediately remove the faeces and dispose of them in a sanitary manner. (4) The owner of an animal must ensure it does not aggressively chase a person or vehicle or another animal. (5) The owner of an animal (other than an assistance animal) must not allow the animal to come within 10 m of the following: (a) a public play structure; (b) a public exercise structure; (c) a public BBQ. (6) A person must not bring an animal into a pedestrian mall unless: (a) the animal is an assistance animal; or (b) the person holds an authorisation to do so; or (c) the animal is allowed under an exemption determined by the City, by resolution. (7) A person must not feed a wild or feral animal.

City of Darwin By-laws 2023 42 (8) A person commits an offence if the person fails to comply with clause (1), (3), (4), (5), (6) or (7). Note for clause (8) (9) An offence against clause (8) is an offence of strict liability.