CITY OF PALMERSTON (ANIMAL MANAGEMENT) BYLAWS 2024 (Northern Territory)

These By-laws set the City of Palmerston's regulatory framework for keeping, controlling, seizing and disposing of animals within the Palmerston municipal area. They mandate registration and identification for dogs and cats (by-laws 7, 9), prescribe containment and control obligations (by-laws 13, 14), define and regulate menacing, attacking and serious attacking conduct by dogs (by-laws 20-22), and create a local mechanism for declaring and supervising dangerous dogs (by-laws 25-30). The By-laws vest operational decision-making power with the City, the CEO and authorised persons: the City makes determinations and resolutions on registration processes, fees, maximum animal numbers, exercise and restricted areas and specification of identification devices (by-laws 7(2), 16(1), 17, 18, 9(2)-(3), 48). The CEO issues and administers authorisations, decides revocation or variation of dangerous dog declarations at the executive level, and manages seizure, impounding and disposal procedures through authorised persons (by-laws 41-44, 25-26, 31-36).

Mechanically, the By-laws impose routine compliance duties on owners: register dogs and cats kept in Palmerston (by-law 7); ensure registered animals wear an approved tag and are implanted with a microchip subject to limited CEO exemptions (by-law 9); notify the City of address changes and transfers within 14 days (by-law 12); keep animals properly contained on premises and under effective control when outside premises (by-laws 13-14); and remove animal faeces in public and prevent animals from coming within 10 m of public play or exercise structures unless under control (by-law 39). The By-laws create a standalone infringement notice regime for many breaches (Part 4 and Schedule 2) and specify penalty maxima and infringement unit mapping for offences (examples include unregistered animal 20 penalty units maximum but 1 penalty unit infringement amount, by-law 8 and Schedule 2).

NORTHERN TERRITORY OF AUSTRALIA CITY OF PALMERSTON (ANIMAL MANAGEMENT) BY-LAWS 2024 As in force at 1 July 2024 Table of provisions Part 1 Preliminary matters 1 Title .................................................................................................. 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Meaning of owner ............................................................................ 3 5 Application within Palmerston .......................................................... 3 6 Application of Criminal Code ........................................................... 4 Part 2 Animal management Division 1 Responsible ownership of dogs and cats 7 Registration required ....................................................................... 4 8 Offence of unregistered dog or cat .................................................. 4 9 Identification devices ....................................................................... 5 10 Offences related to identification devices ........................................ 6 11 Offence for contravention of condition of registration ...................... 6 12 Notice of change in address or owner ............................................. 6 13 Proper containment of dogs and cats .............................................. 7 14 Keeping dogs and cats under effective control ................................ 8 15 Abandoning dog or cat .................................................................... 9 16 Maximum number of dogs and cats................................................. 9 17 Dog exercise areas ........................................................................ 10 18 Dog and cat restricted areas.......................................................... 10 19 Offences related to dog or cat areas ............................................. 11 Division 2 Menacing, attacking and dangerous dogs 20 Dog menaces ................................................................................ 11 21 Dog attacks.................................................................................... 12 22 Serious dog attack ......................................................................... 12 23 Defences and orders ..................................................................... 13 24 Enticement or incitement ............................................................... 14 25 Dangerous dog .............................................................................. 14 26 Revocation of declaration of dangerous dog ................................. 14 27 Duties of owner of dangerous dog ................................................. 15 28 Notice about loss or transfer of dangerous dog ............................. 16 29 Offences related to dangerous dog ............................................... 16 30 Remedial action for dangerous dog ............................................... 17

City of Palmerston (Animal Management) By-laws 2024 ii Division 3 Seizure and impounding of dogs and cats 31 Seizure and impounding ................................................................ 17 32 Notice of impounding ..................................................................... 18 33 Release from pound ...................................................................... 18 34 Destruction of dog or cat................................................................ 19 35 Destruction or disposal of impounded dogs and cats .................... 20 36 Humane method ............................................................................ 20 37 Costs of destruction ....................................................................... 20 Division 4 Management of other animals 38 Management of poultry and domestic livestock ............................. 21 39 Animal causing nuisance ............................................................... 21 40 Removal or disposal of animal remains ......................................... 22 Part 3 Administrative matters Division 1 Authorisations 41 Issuing authorisations .................................................................... 23 42 Application for authorisation .......................................................... 23 43 Revoking or varying on request ..................................................... 23 44 Revoking, suspending or varying for cause ................................... 24 Division 2 Information and records 45 Records ......................................................................................... 25 46 Written notices ............................................................................... 25 47 Publishing information ................................................................... 25 Division 3 Fees 48 Determining fees ........................................................................... 26 49 Other matters related to fees ......................................................... 26 Part 4 Infringement notice offences 50 Infringement notice offence and infringement amount payable ..... 26 51 When infringement notice may be given ........................................ 26 52 Contents of infringement notice ..................................................... 26 53 Electronic payment and payment by cheque ................................. 27 54 Expiation of offence ....................................................................... 28 55 Withdrawal of infringement notice.................................................. 28 56 Application of Part ......................................................................... 28

City of Palmerston (Animal Management) By-laws 2024 iii Part 5 Repeal and transitional matters Division 1 Repeals 57 Repeal of By-laws .......................................................................... 28 Division 2 Transitional matters for City of Palmerston (Animal Management) By-laws 2024 58 Definitions ...................................................................................... 29 59 Former determinations .................................................................. 29 60 Licences and registrations under former By-laws .......................... 29 61 Dog exercise areas and dog restriction areas ............................... 29 62 Offence provisions ......................................................................... 29 Schedule 1 Repealed By-laws Schedule 2 Infringement notice offences and infringement amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2024

CITY OF PALMERSTON (ANIMAL MANAGEMENT) BY-LAWS 2024 By-laws under the Local Government Act 2019 Part 1 Preliminary matters 1 Title These By-laws may be cited as the City of Palmerston (Animal Management) By-laws 2024. 2 Commencement These By-laws commence on 1 July 2024. 3 Definitions In these By-laws: approved means approved by the City by resolution. assistance animal, see section 4A of the Anti-Discrimination Act 1992. at large, in relation to a dog or cat, means the dog or cat is: (a) outside the premises where it is usually kept; and (b) not under effective control. attack, in relation to a dog, means any behaviour of the dog specified in by-law 21(1) or 22(1). authorisation means a form of written or electronic authority issued by the CEO that is required under these By-laws to do something, to have something or to engage in other conduct. Examples for definition authorisation 1 A licence to keep animals at premises. 2 A dog or cat registration.

Part 1 Preliminary matters City of Palmerston (Animal Management) By-laws 2024 2 City means the local government council constituted for the municipality of Palmerston. Note for definition City The Minister for Local Government changed the name of the council for the City of Palmerston local government area to the "City of Palmerston" by notice in Gazette G50 of 12 December 2012. dangerous dog means a dog declared to be dangerous under by-law 25. dog exercise area means an area declared by the City under by-law 17 to be a dog exercise area. domestic livestock means any of the following that is kept for a non-commercial purpose: (a) a horse or other equine animal; (b) an ox, buffalo or other bovine animal; (c) an alpaca; (d) a camel; (e) a goat; (f) a llama (g) a pig; (h) a sheep. effective control, in relation to a dog or cat, see by-law 14(2) and (3). infringement amount, for Part 4, see by-law 50(2). infringement notice, for Part 4, see by-law 51. infringement notice offence, for Part 4, see by-law 50(1). menace, see by-law 20(2). nuisance, see by-law 39(2). owner, see by-law 4. Palmerston means the City of Palmerston local government area. pound means a place established by the City to impound animals.

Part 1 Preliminary matters City of Palmerston (Animal Management) By-laws 2024 3 premises include the following: (a) a building or other structure; (b) a part of a building or other structure; (c) land where a building or other structure is situated. properly contained, see by-law 13(2). vehicle means any conveyance that runs on wheels. Examples for definition vehicle Cars, trucks, trailers, motorcycles, bicycles, scooters, skateboards and inline skates. Note for by-law 3 The Act also defines terms that are used in these By-laws. 4 Meaning of owner (1) In relation to an animal, owner means any of the following: (a) for a registered dog or cat – the person who is registered as the owner of the dog or cat; (b) the person for the time being in control or possession of the animal; (c) the occupier of the premises, or a part of the premises, where the animal is kept. Examples for definition owner A person walking a dog or looking after a dog for a friend who is on holidays. (2) If an owner under clause (1) is a person under 18 years of age, the owner is taken to be any parent or guardian of that person. 5 Application within Palmerston These By-laws apply to and have effect within Palmerston. Note for by-law 5 Under section 275(4) of the Act, a by-law binds the Territory and all its instrumentalities.

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 4 6 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against these By-laws. Note for by-law 6 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Animal management Division 1 Responsible ownership of dogs and cats 7 Registration required (1) The owner of a dog or cat that is kept in Palmerston must register it with the City. (2) The City must, by resolution, determine the following: (a) the process for registering dogs and cats; (b) any grounds for refusing to register a dog or cat; (c) any conditions of registration; (d) the date of expiry of a registration. Examples for clause (2)(b) Unsuitable premises or excessive number of dogs or cats. Note for by-law 7 Part 3, Division 1 contains provisions about the grant of authorisations, including registrations, under these By-laws. 8 Offence of unregistered dog or cat (1) A person commits an offence if the person keeps an unregistered dog or cat in Palmerston for a period of 3 months or longer. Maximum penalty: 20 penalty units. Note for clause (1) The infringement amount is 1 penalty unit.

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 5 (2) The following persons are exempt from clause (1): (a) a City employee or contractor who keeps a dog or cat in a pound; (b) a person or entity that provides animal protection or welfare services; (c) a veterinarian who keeps a dog or cat for treatment. (3) An offence against clause (1) is an offence of strict liability. 9 Identification devices (1) A registered dog or cat must: (a) wear an identification tag when outside the premises where the dog or cat is kept; and (b) be implanted with a microchip. (2) An identification tag must meet the specifications determined, by resolution, by the City. (3) An implanted microchip must: (a) meet the specifications determined, by resolution, by the City; and (b) be designed to store information in a way that can be retrieved electronically without physical contact. (4) The CEO may exempt a dog or cat from the requirement in clause (1)(b) if the CEO is satisfied that implanting a microchip in the dog or cat will: (a) result in an undue risk to the health of the dog or cat; or (b) adversely affect the growth, development or wellbeing of the dog or cat. (5) The owner of a registered dog or cat must ensure that it: (a) wears a tag that meets the specifications determined under clause (2) when outside the premises where it is kept; and (b) is implanted with a microchip.

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 6 10 Offences related to identification devices (1) The owner of a registered dog or cat must not: (a) allow it to be outside the premises where it is kept without wearing an identification tag that meets the specifications determined under by-law 9(2); or (b) remove from it any microchip implanted under by-law 9. Maximum penalty: 20 penalty units. Note for clause (1) The infringement amount is 1 penalty unit. (2) An offence against clause (1) is an offence of strict liability. 11 Offence for contravention of condition of registration (1) The owner of a registered dog or cat must comply with any conditions on the registration determined by the City. (2) A person commits an offence if: (a) the person is the owner of a registered dog or cat; and (b) the registration of the dog or cat is subject to a condition; and (c) the owner fails to comply with the condition. Maximum penalty: 20 penalty units. Note for clause (2) The infringement amount is 1 penalty unit. (3) An offence against clause (2) is an offence of strict liability. 12 Notice of change in address or owner (1) The owner of a registered dog or cat must notify the City of the following events: (a) a change in the owner's address; (b) a transfer of the dog or cat to a new owner. (2) The notice must be given in the approved form within 14 days after the day the event occurred and include the following: (a) the particulars of the animal;

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 7 (b) the contact details of the owner; (c) in the case of a transfer of the dog or cat to a new owner – the contact details of both the new and former owners. (3) A person commits an offence if: (a) the person is the owner of a registered dog or cat; and (b) the person fails to comply with clause (1) or (2). Maximum penalty: 10 penalty units. Note for clause (3) The infringement amount is 1 penalty unit. (4) An offence against clause (3) is an offence of strict liability. 13 Proper containment of dogs and cats (1) The owner of a dog or cat must properly contain the dog or cat when it is on the premises where it is usually kept. (2) For these By-laws, a dog or cat is taken to be properly contained on premises if the dog or cat is kept inside a building, enclosed run or other structure on the premises from which the animal is unable to escape. Note for clause (2) Under section 22 of the Animal Protection Act 2018, a person in control of an animal must provide a minimum level of care to the animal. (3) A person commits an offence if: (a) the person is the owner of a dog or cat; and (b) the dog or cat is not properly contained when it is on the premises where it is kept. Maximum penalty: 20 penalty units. Note for clause (3) The infringement amount is 2 penalty units. (4) An offence against clause (3) is an offence of strict liability. (5) To avoid doubt, the following matters are not relevant to an offence against clause (3): (a) the time during which the dog or cat was not properly contained;

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 8 (b) the ability of the owner to properly contain the dog or cat. 14 Keeping dogs and cats under effective control (1) The owner of a dog or cat must ensure that the dog or cat is under effective control when outside the premises where the animal is kept. (2) For these By-laws, a dog or cat is taken to be under effective control if the dog or cat is: (a) restrained by a leash or similar device that is suitable to restrain the dog or cat and is held by a person who is over the age of 12 years and competent to restrain the dog or cat; or (b) safely enclosed in a vehicle, or in or on the back of a flat- topped, tray-backed or well-bodied vehicle, in such a manner that no part of the dog or cat is projecting from the vehicle; or (c) otherwise leashed or restrained and unable to run free. (3) For these By-laws, a dog in a dog exercise area is also taken to be under effective control if: (a) the dog is complying with the conditions specified for the area; and (b) the dog is immediately responsive to a voice command of its owner; and (c) the dog is not a female dog in oestrus; and (d) the owner is carrying a leash or similar device in accordance with clause (2)(a). (4) A person commits an offence if: (a) the person is the owner of a dog or cat; and (b) the dog or cat is not under effective control when outside the premises where the animal is kept. Maximum penalty: 20 penalty units. Note for clause (4) The infringement amount is 1 penalty unit. (5) An offence against clause (4) is an offence of strict liability.

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 9 15 Abandoning dog or cat A person commits an offence if the person intentionally abandons a dog or cat in Palmerston. Maximum penalty: 20 penalty units. 16 Maximum number of dogs and cats (1) The City may, by resolution, establish a limit or condition on the maximum number of dogs or cats that may be kept on premises in Palmerston. Examples for clause (1) The maximum number of dogs and cats allowed on premises or limits or conditions on the breeding of dogs and cats and the suitability of those premises and the impact on neighbours. (2) The City must publish the limit or condition. (3) A person must not, without an authorisation, keep dogs or cats on premises contrary to any limit or condition established by the City on the maximum number of dogs or cats that may be kept on premises in Palmerston. (4) An occupier of premises commits an offence if: (a) the City, by resolution, establishes a limit or condition on the maximum number of dogs or cats that may be kept on the premises; and (b) the occupier keeps dogs or cats on the premises contrary to the limit or condition; and (b) the occupier does not have an authorisation allowing that conduct. Maximum penalty: 20 penalty units. Note for clause (4) The infringement amount is 1 penalty unit. (5) An offence against clause (4) is an offence of strict liability. (6) A person who contravenes clause (3) is not entitled to apply for, or to be granted, a licence referred to in that clause for a period of 12 months from the day of the last contravention.

Part 2 Animal management Division 1 Responsible ownership of dogs and cats City of Palmerston (Animal Management) By-laws 2024 10 17 Dog exercise areas (1) The City may, by resolution, declare an area to be a dog exercise area. (2) If the City intends to declare an area to be a dog exercise area, the City must: (a) publish notice of the proposed area at least 28 days in advance; and (b) consider any responses to the notice from residents of Palmerston. (3) The City must publish the location and conditions for using any dog exercise area or class of dog exercise area it declares. Examples for clause (3) 1 The times to exercise dogs in the area. 2 When female dogs in oestrus are allowed in the area. (4) The owner of a dog using a dog exercise area must comply with the conditions for the area. (5) The owner of a dangerous dog must ensure the dog does not enter a dog exercise area. (6) A person commits an offence if: (a) the person is the owner of a dog; and (b) the dog is a dangerous dog; and (c) the dog enters a dog exercise area. Maximum penalty: 20 penalty units. Note for clause (6) The infringement amount is 1 penalty unit. (7) An offence against clause (6) is an offence of strict liability. 18 Dog and cat restricted areas (1) The City may declare an area to be a dog or cat restricted area.

Part 2 Animal management Division 2 Menacing, attacking and dangerous dogs City of Palmerston (Animal Management) By-laws 2024 11 (2) If the City intends to declare an area to be a dog or cat restricted area, the City must: (a) publish notice of the proposed area at least 28 days in advance; and (b) consider any responses to the notice from residents of Palmerston. (3) The City must publish the location and restrictions on dogs and cats in any dog or cat restricted area it declares. (4) An assistance animal is exempt from this by-law. (5) The owner of a dog or cat must comply with the conditions for the dog or cat restricted area. (6) The City may, by resolution, exempt a person, a class of persons or all persons from one or more conditions or restrictions in a declaration made under clause (1) for a maximum period of 14 days. (7) The City must publish an exemption under clause (6). 19 Offences related to dog or cat areas (1) A person commits an offence if the person: (a) owns a dog or cat; and (b) fails to comply with the conditions for a dog exercise area or a dog or cat restricted area; and (c) if the condition relates to a dog or cat restricted area – does not have an exemption from the condition under clause 18(6). Maximum penalty: 20 penalty units. Note for clause (1) The infringement amount is 1 penalty unit. (2) An offence against clause (1) is an offence of strict liability. Division 2 Menacing, attacking and dangerous dogs 20 Dog menaces (1) An owner of a dog must ensure that it does not menace a person or another animal.

Part 2 Animal management Division 2 Menacing, attacking and dangerous dogs City of Palmerston (Animal Management) By-laws 2024 12 (2) For these By-laws, a dog is taken to menace a person or other animal if it chases, harasses, rushes at or threatens to bite the person or animal in a manner that causes a reasonable apprehension of fear in the person or animal. (3) The owner of a dog commits an offence if the owner fails to comply with clause (1). Maximum penalty: 20 penalty units. Note for clause (3) The infringement amount is 3 penalty units. (4) An offence against clause (3) is an offence of strict liability. 21 Dog attacks (1) The owner of a dog must ensure that it does not rush at, bite, chase or menace a person or other animal resulting in: (a) physical contact with the person or other animal; or (b) damage to: (i) anything worn by the person or animal; or (ii) other property in the immediate possession or under the immediate control of the person. (2) The owner of a dog commits an offence if the owner fails to comply with clause (1). Maximum penalty: 60 penalty units. Note for clause (2) The infringement amount is 5 penalty units. (3) An offence against clause (2) is an offence of strict liability. 22 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 (b) assault a person or another animal resulting in bleeding, bone breakage, sprains, scratches or bruising.

Part 2 Animal management Division 2 Menacing, attacking and dangerous dogs City of Palmerston (Animal Management) By-laws 2024 13 (2) The owner of a dog commits an offence if the owner fails to comply with clause (1). Maximum penalty: 80 penalty units or, for an aggravated offence, 100 penalty units. Note for clause (2) The infringement amount is 7 penalty units or, for an aggravated offence, 9 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) An offence against clause (2) is an aggravated offence if the bite or assault causes or results in substantial injury to, or death of, the person or the other animal. 23 Defences and orders (1) It is a defence to a prosecution for an offence against by-law 20, 21 or 22 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 unlawfully on premises owned or occupied by the defendant. Note for clause (1) The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code). (2) If a court finds a person guilty of an offence against by-law 20, 21 or 22, the court may make one or both of the following orders in addition to, or instead of, the penalty for the offence: (a) if the dog is impounded as a result of the offence – an order that the person pay the costs and expenses of, and incidental to, the impounding; (b) an order that the dog be destroyed.

Part 2 Animal management Division 2 Menacing, attacking and dangerous dogs City of Palmerston (Animal Management) By-laws 2024 14 24 Enticement or incitement A person commits an offence if: (a) the person intentionally engages in conduct; and (b) the conduct results in the owner of a dog being liable to prosecution for an offence against by-law 20, 21 or 22; and (c) the person is reckless in relation to that result. Maximum penalty: 20 penalty units. Note for by-law 24 The infringement amount is 1 penalty unit. 25 Dangerous dog (1) An authorised person may, by written notice, declare a dog to be a dangerous dog if: (a) the dog menaces or attacks a person or an animal; or (b) the authorised person believes on reasonable grounds that the dog is destructive, dangerous, savage or a threat to the safety of the community. (2) The authorised person must give written notice of the declaration to the owner of the dog. (3) The written notice of the declaration must be in the approved form and include the following information: (a) the day the declaration takes effect; (b) the reasons for the declaration; (c) the identity of the dog and the owner of the dog. (4) The City must keep a record of the information in clause (3). 26 Revocation of declaration of dangerous dog (1) The owner of a dangerous dog may, in writing to the CEO, request that the declaration of the dog as a dangerous dog be revoked. (2) The CEO may: (a) revoke the declaration; or (b) refuse to revoke the declaration.

Part 2 Animal management Division 2 Menacing, attacking and dangerous dogs City of Palmerston (Animal Management) By-laws 2024 15 (3) The CEO must give the applicant written notice of the decision under clause (2). (4) A revocation under clause (2)(a) takes effect on the day the CEO notifies the applicant of the revocation. (5) If the CEO refuses an application under clause (2)(b), the CEO is not required to consider a further application made under clause (1) in relation to the same dog within six months of the refusal. 27 Duties of owner of dangerous dog (1) This by-law applies to the owner of a dog that is declared to be a dangerous dog. (2) The owner must, within 14 days after the day the declaration takes effect: (a) desex the dangerous dog, unless it is already desexed, at the owner's expense; and (b) provide to an authorised person evidence from a veterinarian that the dog is desexed; and (c) undergo behavioural or other training with the dog, as specified by the CEO, at the owner's expense. (3) The owner must ensure that the containment required under by-law 13(1) is appropriate to the danger posed by the dangerous dog. Example for clause (3) Installing higher and stronger fencing for a large dangerous dog. (4) The owner must post signage on the premises where the dangerous dog is kept, with the words "Warning Dangerous Dog" clearly visible and legible from the front boundary of the premises. (5) When the dangerous dog is outside the premises where it is kept, the owner must ensure that: (a) the dog is kept under the effective control of a person who is at least 18 years of age and competent to restrain the dog; and (b) the dog is muzzled and controlled by a leash that is suitable to restrain the dog; and (c) the dog does not enter a dog exercise area.

Part 2 Animal management Division 2 Menacing, attacking and dangerous dogs City of Palmerston (Animal Management) By-laws 2024 16 (6) If the owner intends to keep the dangerous dog for more than 14 days at a place other than the premises where it is usually kept, the owner must notify the City of the address of the place within 24 hours after the dog is relocated. (7) The owner must notify the City of any attack, or alleged attack, by the dangerous dog of a person or animal within 24 hours of the earlier of the following: (a) the time of the attack or alleged attack; (b) the time the owner becomes aware of the attack or alleged attack. 28 Notice about loss or transfer of dangerous dog (1) The owner of a dangerous dog must notify the City if the dog is missing or dies. (2) The notice must be given: (a) within 24 hours after the owner becomes aware the dog is missing; or (b) within 14 days after the day of its death. (3) If the owner of a dangerous dog intends to transfer ownership of the dangerous dog, the owner must inform the prospective owner that the dog is dangerous. (4) In the case of the transfer of a dangerous dog, the notice to the City under by-law 12 must be given within 24 hours after the transfer. 29 Offences related to dangerous dog (1) A person commits an offence if the person: (a) is the owner of a dog that is declared to be a dangerous dog; and (b) fails to comply with by-law 27 or 28. Maximum penalty: 100 penalty units. Note for clause (1) The infringement amount is 9 penalty units. (2) An offence against clause (1) is an offence of strict liability.

Part 2 Animal management Division 3 Seizure and impounding of dogs and cats City of Palmerston (Animal Management) By-laws 2024 17 30 Remedial action for dangerous dog (1) If the owner of a dangerous dog fails to comply with the duties of an owner under by-law 27 more than once in a 12-month period, the CEO may require the owner to take either or both of the following actions: (a) undergo further specified behavioural or other training with the dog at the owner's expense; (b) surrender the dog to the pound. (2) If the CEO intends to take action under clause (1), the CEO must give the owner of the dangerous dog a notice that: (a) states what action the CEO is proposing under that clause; and (b) states the grounds for taking that action; and (c) invites the owner to show cause, within 14 days, why the action should not be taken. (3) After considering any response received within 14 days after the day of the notice, the CEO must decide whether to take action under clause (1). (4) As soon as practicable after making a decision under clause (3), the CEO must give written notice of the decision to the owner of the dangerous dog. Division 3 Seizure and impounding of dogs and cats 31 Seizure and impounding (1) An authorised person may seize: (a) a dog or cat that appears to be diseased, injured, savage, destructive, stray or unregistered; or (b) a dog or cat that is at large; or (c) a dangerous dog whose owner is not complying with Division 2; or (d) a dog that an authorised person believes on reasonable grounds has attacked a person.

Part 2 Animal management Division 3 Seizure and impounding of dogs and cats City of Palmerston (Animal Management) By-laws 2024 18 (2) As soon as practicable after seizing a dog or cat, the authorised person must: (a) impound the dog or cat in a pound; or (b) take reasonable steps to return the dog or cat to its owner if satisfied that it is not diseased, injured, savage or destructive. 32 Notice of impounding (1) The CEO must ensure that reasonable steps are taken to notify the owner of a dog or cat that it is impounded and whether: (a) the owner must collect it; or (b) the owner must await a decision regarding destruction or disposal under by-laws 34 and 35; or (c) the dog or cat is subject to destruction or disposal under by-laws 34 and 35. (2) The owner of an impounded dog or cat who receives notice under clause (1)(a) must collect the dog or cat within the time specified in the notice. (3) A person commits an offence if the person: (a) owns a dog or cat; and (b) receives a notice under clause (1)(a) that the owner must collect it; and (c) fails to collect the dog or cat within the time specified in the notice. Maximum penalty: 20 penalty units. Note for clause (3) The infringement amount is 2 penalty units. (4) An offence against subsection (3) is an offence of strict liability. 33 Release from pound (1) When collecting a dog or cat from a pound, a person must provide evidence that the person is the owner of the dog or cat or is authorised to act on behalf of the owner.

Part 2 Animal management Division 3 Seizure and impounding of dogs and cats City of Palmerston (Animal Management) By-laws 2024 19 (2) The City may charge the owner a fee for: (a) the costs incurred by the City in relation to the impounded dog or cat; and (b) delivering the dog or cat from the pound. (3) Subject to by-laws 34 and 35, an impounded dog or cat must not be released from a pound unless: (a) it is registered and implanted with a microchip in accordance with by-law 9; and (b) it is released to its owner or to a person authorised to act on behalf of the owner; and (c) the City receives any fees payable in relation to it. Note for clause (3) Under by-law 9(4), the CEO may exempt a dog or cat from the requirement to be implanted with a microchip. (4) Clause (3)(a) does not apply in relation to an impounded dog or cat if: (a) the dog or cat is usually kept outside the City; or (b) the dog or cat is under 3 months of age. (5) For clause (4)(b), the owner of the dog or cat must provide evidence that the dog or cat is under 3 months of age. 34 Destruction of dog or cat (1) The CEO may arrange for a dog or cat to be destroyed if: (a) the dog or cat is in the pound or is abandoned or is found on a public place; and (b) the dog or cat is diseased, injured, savage, destructive, unclaimed, unregistered or unwanted; and (c) it is humane to destroy the dog or cat in the circumstances. (2) The CEO may presume that a dog that attacks a person or animal is savage or destructive.

Part 2 Animal management Division 3 Seizure and impounding of dogs and cats City of Palmerston (Animal Management) By-laws 2024 20 35 Destruction or disposal of impounded dogs and cats (1) Subject to this by-law, the CEO may, after a dog or cat is impounded for 4 business days: (a) transfer the dog or cat to an entity that provides animal rehoming services; or (b) arrange for its destruction. (2) The CEO may make arrangements for the transfer of dogs and cats from a pound to a person or entity that provides animal rehoming services. Example for clause (2) Arrangements could be made with the RSPCA and other organisations that provide care for unwanted and stray animals. (3) The CEO must not destroy or dispose of an impounded dog or cat because it is savage, destructive, unclaimed, unregistered or unwanted until after the later of the following: (a) if circumstances related to the destruction are being investigated – the end of that investigation; (b) if the destruction is subject to legal proceedings – 14 days after the end of those legal proceedings. (4) If an offence is being investigated in relation to an impounded dog or cat, it must not be destroyed or disposed of until the investigation is complete. Example for clause (4) If a dog is alleged to have attacked a person, the dog would not be destroyed unless the investigation is complete. 36 Humane method Any destruction of a dog or cat under these By-laws must be done: (a) in a manner approved by the Australian Veterinary Association; and (b) by a veterinarian or another person who is, in the opinion of the CEO, qualified to destroy it. 37 Costs of destruction The costs incurred by the City to destroy a dog or cat under by-law 34 or 35 is a debt payable by the owner of the dog or cat to the City.

Part 2 Animal management Division 4 Management of other animals City of Palmerston (Animal Management) By-laws 2024 21 Division 4 Management of other animals 38 Management of poultry and domestic livestock (1) The City may, by resolution, establish a limit or condition on the maximum number of poultry or domestic livestock that may be kept on premises in Palmerston. (2) The City must publish the limit or condition. (3) A person must not, without an authorisation, keep poultry or domestic livestock on premises contrary to any limit or condition established by the City on the maximum number of poultry or domestic livestock that may be kept on premises in Palmerston. (4) An occupier of premises commits an offence if: (a) the City, by resolution, establishes a limit or condition on the maximum number of poultry or domestic livestock that may be kept on the premises; and (b) the occupier keeps poultry or domestic livestock on the premises contrary to the limit or condition; and (b) the occupier does not have an authorisation allowing that conduct. Maximum penalty: 20 penalty units. Note for clause (4) The infringement amount is 1 penalty unit. (5) An offence against clause (4) is an offence of strict liability. (6) A person who contravenes clause (3) is not entitled to apply for, or to be granted, an authorisation referred to in that clause for a period of 12 months from the day of the last contravention. 39 Animal causing nuisance (1) The owner of a dog, cat, poultry or domestic livestock must ensure that the dog, cat, poultry or domestic livestock is not a nuisance to people or other animals. (2) An animal mentioned in clause (1) is taken to be a nuisance if it: (a) is injurious or dangerous to the health of the community or another person; or

Part 2 Animal management Division 4 Management of other animals City of Palmerston (Animal Management) By-laws 2024 22 (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 barking, caterwauling, crowing or 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 vehicle. (5) The owner of an animal must not allow the animal to come within 10 m of a public play structure or public exercise structure unless the animal is under effective control. (6) A person commits an offence if the person fails to comply with clause (1), (3), (4) or (5). Maximum penalty: 20 penalty units. Note for clause (6) The infringement amount is 3 penalty units. (7) An offence against clause (6) is an offence of strict liability. 40 Removal or disposal of animal remains (1) The City may arrange for the remains of a dead animal that is found on a public place to be removed or disposed of. (2) If the City incurs expense in removing or disposing of a dead animal, the City may recover the expense from the owner of the animal as a debt due and payable to the City.

Part 3 Administrative matters Division 1 Authorisations City of Palmerston (Animal Management) By-laws 2024 23 Part 3 Administrative matters Division 1 Authorisations 41 Issuing authorisations (1) The CEO may issue, or refuse to issue, an authorisation. (2) An authorisation remains in force for: (a) the period of time, if any, specified in the authorisation; or (b) if no period is specified in the authorisation – the period of 12 months on and after the day of its issue. (3) An authorisation is subject to the conditions specified by the CEO. Example for clause (3) The fence around a property must be of a particular height. (4) An authorisation is not transferable, unless these By-laws expressly provide otherwise. 42 Application for authorisation (1) Applications for the issue of authorisations must be made to the CEO. (2) The application must be in the approved form and accompanied by: (a) the applicable fee, if any; and (b) any documents, specifications or particulars that the CEO may require. 43 Revoking or varying on request (1) The CEO may, on the written request of the holder of an authorisation: (a) revoke the authorisation; or (b) vary the conditions of the authorisation. (2) The CEO must give the holder written notice of the revocation or variation.

Part 3 Administrative matters Division 1 Authorisations City of Palmerston (Animal Management) By-laws 2024 24 44 Revoking, suspending or varying for cause (1) The CEO may, in accordance with this by-law, revoke, suspend or vary the conditions of an authorisation if the holder of the authorisation: (a) obtained the authorisation improperly; or (b) failed to comply with these By-laws or a condition of the authorisation. (2) Before making a decision under clause (1), the CEO must give the holder written notice: (a) stating that the CEO proposes to revoke, suspend or vary the authorisation; and (b) stating the grounds for the intended revocation, suspension or variation; and (c) inviting the holder to show cause, in accordance with clause (3), why the revocation, suspension or variation should not be made. (3) Within 7 days of receiving the notice, the holder of the authorisation may make written representations to the CEO on why the revocation, suspension or variation should not be made. (4) After considering any representations made by the holder in accordance with clause (3), the CEO may: (a) take no further action in relation to the authorisation; or (b) revoke, suspend or vary the authorisation. (5) As soon as practicable after making a decision under clause (4), the CEO must give written notice of the decision to the holder of the authorisation. (6) If the CEO decides to revoke, suspend or vary the conditions of an authorisation, the notice to the holder must include the following information: (a) the date that the revocation, suspension or variation takes effect;

Part 3 Administrative matters Division 2 Information and records City of Palmerston (Animal Management) By-laws 2024 25 (b) in the case of a suspension: (i) the steps that the holder must take before the suspension will be lifted and the consequences for not completing those steps; and (ii) the period of time that the suspension will remain in force; (c) in the case of a variation – how the conditions are being varied. Division 2 Information and records 45 Records (1) The CEO must keep records of the following: (a) all dogs and cats registered under these By-laws; (b) all other authorisations issued under these By-laws; (c) any other matter required by these By-laws or by the City. (2) The records may be kept in any form, including electronic form. Note for by-law 45 The City has obligations as a public sector organisation under the Information Act 2002. 46 Written notices A written notice required under these By-laws may be in electronic form. Example for by-law 46 An email sent to the registered owner of a dog or cat. 47 Publishing information Any notice, document or other information that must be published under these By-laws must be published in a timely manner on the City's website. Note for by-law 47 The Act provides for the publication of certain determinations, notices and minutes of meetings of the City and the protection of confidential information. Under section 7 of the Act, publishing includes publishing or broadcasting by radio, television, internet, telephone or other means.

Part 4 Infringement notice offences City of Palmerston (Animal Management) By-laws 2024 26 Division 3 Fees 48 Determining fees (1) The City must, by resolution, determine the fees payable under these By-laws. (2) To avoid doubt, the amount of a fee may vary according to circumstances and conditions relevant to the fee. Examples for clause (2) 1 Lower registration fee for a sterilised dog or cat. 2 Higher registration fee for a dangerous dog. 49 Other matters related to fees (1) Notice of the determination of a fee must be published as soon as practicable. (2) The City must not demand or receive any fee determined under by-law 48 unless notice of the fee was published. (3) Any fee that is not paid when it is due may be recovered as a debt due to the City. Part 4 Infringement notice offences 50 Infringement notice offence and infringement amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 2. (2) The infringement amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2. 51 When infringement notice may be given If an authorised person believes on reasonable grounds that a person has committed an infringement notice offence, the authorised person may give a notice (an infringement notice) to the person. 52 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person to whom it is issued, if known;

Part 4 Infringement notice offences City of Palmerston (Animal Management) By-laws 2024 27 (b) the date the infringement notice is given to the person; (c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred; (d) a description of the offence; (e) the infringement amount payable for the offence; (f) the enforcement agency to which the infringement amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the infringement amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect to have the offence dealt with by a court by: (i) completing a statement of election and giving it to the specified enforcement agency; and (ii) not paying the infringement amount; (c) if the Fines and Penalties (Recovery) Act 2001 applies to the infringement notice offence – enforcement action may be taken under that Act if the person does nothing in response to the notice. (3) The infringement notice must include an appropriate form for making the statement of election mentioned in clause (2)(b)(i). 53 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the infringement amount, payment is not effected until the amount is credited to the payee's bank account. (2) If the person tenders a cheque in payment of the infringement amount, payment is not effected unless the cheque is cleared on first presentation.

Part 5 Repeal and transitional matters Division 1 Repeals City of Palmerston (Animal Management) By-laws 2024 28 54 Expiation of offence If the infringement amount for the infringement notice offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence. 55 Withdrawal of infringement notice (1) The CEO may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 14 days after the infringement notice is given to the person; and (b) before payment of the infringement amount. 56 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) This Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the infringement amount in accordance with any of the notices. Part 5 Repeal and transitional matters Division 1 Repeals 57 Repeal of By-laws The By-laws specified in Schedule 1 are repealed.

Part 5 Repeal and transitional matters Division 2 Transitional matters for City of Palmerston (Animal Management) By-laws 2024 City of Palmerston (Animal Management) By-laws 2024 29 Division 2 Transitional matters for City of Palmerston (Animal Management) By-laws 2024 58 Definitions In this Division: commencement means the commencement of by-law 57. former By-laws means the Palmerston (Animal Management) By-laws 1999. 59 Former determinations A charge, due or fee determined under the former By-laws and in force immediately before the commencement continues on the commencement as if it were determined under these By-laws. 60 Licences and registrations under former By-laws A licence or registration issued, granted or renewed under the former By-laws that is in force immediately before the commencement continues as if the licence or registration were issued, granted or renewed under these By-laws. 61 Dog exercise areas and dog restriction areas (1) A dog exercise area declared under the former By-laws and in force immediately before the commencement continues on the commencement as if it were declared under by-law 17 of these By-laws. (2) A dog restriction area declared under the former By-laws and in force immediately before the commencement continues on the commencement as if were declared under by-law 18 of these By-laws. 62 Offence provisions (1) The offence provisions in the former By-laws, as in force immediately before the commencement, continue to apply in relation to offences committed before the commencement. (2) For this by-law, if any element of an offence occurred before the commencement, the offence is taken to have been committed before the commencement.

Part 5 Repeal and transitional matters Division 2 Transitional matters for City of Palmerston (Animal Management) By-laws 2024 City of Palmerston (Animal Management) By-laws 2024 30 (3) In this by-law: offence provision means a provision that creates or relates to offences, including in relation to criminal responsibility, defences and penalties.

Schedule 1 Repealed By-laws City of Palmerston (Animal Management) By-laws 2024 31 Schedule 1 Repealed By-laws by-law 57 Palmerston (Animal Management) By-laws SL No. 25, 1999 Amendments of Palmerston (Animal Management) By-laws SL No. 19, 2000 Amendments of Palmerston (Animal Management) By-laws SL No. 51, 2002

Schedule 2 Infringement notice offences and infringement amounts City of Palmerston (Animal Management) By-laws 2024 32 Schedule 2 Infringement notice offences and infringement amounts by-law 50 Provision Infringement amount (penalty units) by-law 8(1) 1 by-law 10(1) 1 by-law 11(2) 1 by-law 12(3) 1 by-law 13(3) 2 by-law 14(4) 1 by-law 16(4) 1 by-law 17(6) 1 by-law 19(1) 1 by-law 20(3) 3 by-law 21(2) 5 by-law 22(2) 7 for aggravated offence – 9 by-law 24 1 by-law 29(1) 9 by-law 32(3) 2 by-law 38(4) 1 by-law 39(6) 2

ENDNOTES City of Palmerston (Animal Management) By-laws 2024 33 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 City of Palmerston (Animal Management) By-laws 2024 (SL No. 8, 2024) Date notified 24 May 2024 Commenced 1 July 2024 (r 2)

1 CITY OF PALMERSTON (ANIMAL MANAGEMENT) BYLAWS 2024

The By-laws organise animal regulation around a handful of recurring legal concepts: owner, registration, authorisation, effective control, proper containment, dangerous dog declaration, seizure and impoundment, and administrative discretion.

Owner. The statutory concept of owner is broad. For a registered dog or cat the registered person is the owner. More generally owner includes anyone in control or possession of the animal and the occupier of the premises where it is kept, with special treatment where the holder is under 18 years (by-law 4). This means different persons can be liable for offences depending on context: the person walking or caring for an animal may be treated as owner for enforcement purposes.

Registration and authorisation. Registration of dogs and cats kept in Palmerston is mandatory (by-law 7). The City must determine processes, conditions, grounds for refusal and expiry dates by resolution (by-law 7(2)). Authorisations are the broader administrative instrument under which registrations, licences and other permissions issue; the CEO issues, refuses, revokes and varies authorisations subject to procedural protections (by-laws 41-44). The By-laws give the City discretion to attach conditions and to determine fees by resolution (by-laws 41(3), 48).

Identification and proof. Registered dogs and cats must wear an identification tag when outside and be implanted with a microchip, with the CEO able to exempt in limited health-related circumstances (by-law 9). The City sets specifications for tags and chips by resolution (by-law 9(2)-(3)). Proof of ownership is required to collect an impounded animal, and the City may charge fees associated with impoundment and release (by-law 33).

Containment and effective control. A dog or cat must be properly contained on premises and under effective control when outside premises (by-laws 13, 14). Proper containment is defined as inside a building, enclosed run or other structure from which escape is not possible (by-law 13(2)). Effective control is defined by objective measures such as a suitable leash held by a competent person over 12 years old, or secure carriage in a vehicle, and additional requirements apply in dog exercise areas (by-law 14(2)-(3)).

Menacing, attacking, and serious attack. The By-laws tier dog-related misconduct into menace (chasing, harassing, rushing at or threatening to bite causing reasonable apprehension, by-law 20), attack (physical contact or damage to property/worn items, by-law 21) and serious attack (puncture or break to the skin, or assault resulting in bleeding, broken bones, sprains, scratches or bruising, by-law 22). Each tier carries increasing maximum penalties and prescribed infringement amounts (Schedule 2).

Dangerous dog declaration and duties. Authorised persons may declare dogs to be dangerous where they menace or attack or where reasonable grounds exist that the dog is destructive, dangerous, savage or a threat to community safety (by-law 25). Declared dangerous dogs attract specific duties on owners: desexing, evidence to authorised persons, mandatory training as specified by the CEO, enhanced containment, warning signage, and stricter control and muzzling requirements outside premises (by-law 27). The CEO has a show-cause process and limited discretion to revoke declarations (by-law 26).

Seizure, impounding and disposal. Authorised persons may seize diseased, injured, savage, destructive, stray, unregistered or at large dogs or cats, or dangerous dogs where owners do not comply with Division 2, and dogs believed to have attacked a person (by-law 31). The CEO must take reasonable steps to notify owners of impoundment and specify required action; the City may release only to owners after registration and microchipping conditions are complied with except in set exceptions (by-law 32-33). Destruction may occur if humane and subject to timeframes and investigations, with a typical transfer/destruction decision available after 4 business days (by-laws 34-35).

Administrative process and remedies. The CEO must keep records of registered animals and authorisations (by-law 45). Many decisions by the City require publication on the City website and public consultation for declaring exercise and restricted areas (by-laws 17-18, 47). The CEO must follow show-cause procedures when proposing to revoke or vary authorisations and is required to notify affected holders (by-law 44). Infringement notices are available for a defined set of offences (Part 4 and Schedule 2), with prescribed content and expiation procedures (by-laws 50-56).

Legal overlays. Part IIAA of the Criminal Code applies to By-law offences (by-law 6), which introduces general criminal responsibility principles and defences, including an evidential burden noted in the by-law notes (see by-law 23(1) note referencing s 43BU of the Criminal Code). The instrument also identifies interactions with other Territory statutes including the Animal Protection Act 2018 and the Information Act 2002 (notes to by-laws 13 and 45) and recognises the Fines and Penalties (Recovery) Act 2001 can apply to infringement notice enforcement (by-law 52(2)(c)).

Primary regulated parties. The immediate legal obligations fall on owners, broadly defined. For registered animals the registered person is the owner; more generally owners include any person in control or possession of an animal and occupiers of premises where animals are kept (by-law 4). The result is that roles commonly split in practice create multiple potential obligors: pet owners, people temporarily caring for animals, occupiers and tenants, and persons walking animals.

Private sector service providers. Veterinarians, animal rehoming entities and welfare organisations are implicated in multiple provisions. Veterinarians are explicitly exempted from registration obligations when they keep animals for treatment (by-law 8(2)(c)) and are the authorised class for humane destruction provided they meet Australian Veterinary Association standards or are otherwise qualified to destroy an animal in the CEO’s opinion (by-law 36). The City may transfer impounded animals to animal rehoming organisations after specified periods and subject to investigations (by-laws 35(1)-(2)).

Residents and users of public spaces. People who use parks, paths and exercise areas are affected by declared dog exercise areas and restricted areas. The City controls declarations and must publish proposals and consider resident responses before declaring areas (by-laws 17(2) and 18(2)). Owners of animals using exercise areas must comply with published conditions and carry a leash even if the dog is allowed off leash in that area subject to responsiveness to voice commands and other criteria (by-law 14(3) and 17(4)).

City decision-makers. The City council and the CEO are decision-makers with specific powers. The City council determines registration processes, fees, maximum numbers of animals permitted on premises, dog exercise areas and restricted areas and specifications for identification devices by resolution (by-laws 7(2), 16(1)-(2), 17(1), 18(1) and 9(2)-(3)). The CEO issues authorisations, can refuse or revoke authorisations, administers the register and impounding, may declare dangerous dogs through authorised persons and acts on show-cause responses (by-laws 41-44, 25-26, 31-33). Authorised persons (a class created by the By-laws) may seize animals and perform enforcement functions (by-law 31). The By-laws place significant operational discretion with the CEO and authorised persons while reserving policy choices such as fee structures and area declarations to the City council via resolution.

Owners of dangerous dogs. Owners of declared dangerous dogs are especially affected. They must comply with a peremptory set of duties within 14 days of declaration: desexing, providing evidence of desexing to an authorised person, behavioural training as specified by the CEO and posting warning signage, among others. They must also notify the City of relocation or death and report attacks within tight timeframes (by-laws 27-28). Non-compliance can trigger remedial actions, including mandatory further training or surrender of the dog (by-law 30), and heavy penalties (by-law 29).

Persons accused of offences. Anyone alleged to have committed an offence under the By-laws is affected by the infringement notice system in Part 4 and the application of Part IIAA of the Criminal Code (by-laws 6, 50-56). The infringement system allows authorised persons to issue notices with prescribed content and affords recipients an option to expiate by payment, or elect court proceedings, consistent with the Fines and Penalties (Recovery) Act where applicable (by-law 52).

Other public authorities. The By-laws bind the Territory and its instrumentalities (note to by-law 5 referencing section 275(4) of the Local Government Act 2019). The City is also subject to record-keeping obligations as a public sector body under the Information Act 2002 (note to by-law 45). Enforcement may engage the Fines and Penalties (Recovery) Act and criminal processes under the Criminal Code.

Who pays. Monetary burdens fall primarily on owners. Owners must pay registration fees and other fees determined by resolution, pay microchipping and identification costs, desexing and training costs for dangerous dogs (by-law 27(2)), fees for collection of impounded animals and any costs the City incurs for destruction which become a debt payable by the owner (by-laws 33(2), 37). Penalties and infringement amounts in Schedule 2 attach to owners or persons committing prescribed breaches.

Duties of owners. The By-laws list specific, time-bound duties for owners of animals, particularly dogs and cats. Core recurring duties are: register any dog or cat kept in Palmerston (by-law 7); ensure registered dogs and cats wear approved identification tags when outside and are microchipped unless exempted by the CEO (by-law 9); notify the City of a change in address or transfer within 14 days in approved form including animal particulars and contact details (by-law 12); properly contain animals on the premises, defined as inside a building, enclosed run or other structure from which escape is not possible (by-law 13); keep animals under effective control when outside premises by use of a suitable leash held by a competent person over 12 years old, secure vehicle carriage or other equivalent restraint (by-law 14); avoid menacing, attacking or seriously attacking behaviour (by-laws 20-22); and ensure animals do not cause nuisance, remove faeces, avoid aggressive vehicle-chasing and stay at least 10 m from play or exercise structures unless under effective control (by-law 39).

Duties for dangerous dog owners. Owners of dogs declared dangerous face enhanced duties. Within 14 days of declaration they must desex the dog unless already desexed and provide veterinary evidence to an authorised person, undertake behavioural or other training specified by the CEO, ensure appropriate containment to match the danger posed, display "Warning Dangerous Dog" signage visible from the front boundary, and ensure when outside the dog is under effective control by a competent person of at least 18 years, is muzzled and controlled by a suitable leash, and does not enter dog exercise areas (by-law 27). They must also notify the City promptly of relocation and report attacks or alleged attacks within 24 hours (by-laws 27(6) and 28).

Administrative duties on the City and CEO. The City must determine registration process, conditions, and fees by resolution and publish such determinations (by-laws 7(2), 48, 49). The City must publish locations and conditions for use of dog exercise areas and restricted areas, and provide advance public notice and consider responses before declarations (by-laws 17(2)-(3), 18(2)-(3)). The CEO must keep records of registered animals and authorisations, ensure reasonable steps are taken to notify owners of impoundment, and maintain a record of dangerous dog declarations (by-laws 25(4), 32(1), 45). The CEO issues authorisations, may revoke or vary them with procedural show-cause steps, and may take remedial action against non‑compliant dangerous dog owners after notice and an opportunity to show cause (by-laws 41-44, 30).

Rights and procedural protections. Holders of authorisations have procedural rights: the CEO must give notice of intended revocation, suspension or variation, state grounds, and invite written representations within seven days; after considering representations the CEO may take action and must give written notice of the decision including effective dates and steps required to lift a suspension (by-law 44). Owners subject to a dangerous dog declaration may apply to the CEO to have the declaration revoked; the CEO may revoke or refuse and must notify the applicant; further applications cannot be considered within six months of a refusal (by-law 26). An owner given notice of proposed remedial action under by-law 30 must be invited to show cause within 14 days before the CEO decides on action.

Enforcement and expiation rights. Where an authorised person gives an infringement notice the recipient has statutory information rights in the notice and choices: pay the infringement amount within 28 days to expiate and avoid further action, or elect to have the matter dealt with by a court by lodging a statement of election and not paying the infringement (by-law 52). The CEO may withdraw an infringement notice in writing within 14 days of issue and before payment (by-law 55). The By-laws preserve the option for prosecution in court and do not compel the use of infringement notices (by-law 56).

Restrictions and prohibitions. The By-laws include absolute or near‑absolute prohibitions for particular circumstances. For example, a person must not keep dogs or cats contrary to maximum numbers set by the City without an authorisation (by-law 16(3)), and owners of dangerous dogs are prohibited from taking the dog into a dog exercise area (by-law 17(5)). Assistance animals are exempt from dog or cat restricted area provisions (by-law 18(4)).

Record-keeping and publication. The CEO must maintain records of registered animals and all other authorisations issued under these By-laws and publish notices, determinations and other mandated information on the City’s website in a timely manner (by-laws 45, 47). The City must publish fees and cannot demand payment unless the fee has been published (by-law 49).

Penalty structure. The By-laws specify maximum penalties for offences, frequently accompanied by an infringement amount specified in Schedule 2. Maximum penalties range up to 100 penalty units in the most serious dangerous dog non-compliance offence (by-law 29(1)). Many everyday breaches are strict liability offences with relatively modest infringement amounts to facilitate administrative enforcement: for example, by-law 8(1) creates the offence of keeping an unregistered dog or cat for 3 months or longer with a maximum of 20 penalty units, but the infringement table in Schedule 2 sets a 1 penalty unit expiation amount for that offence.

Strict liability. A large number of offences under the By-laws are declared to be offences of strict liability (see by-laws 8(3), 10(2), 11(3), 13(4), 14(5), 15 note, 16(5), 17(7), 19(2), 21(3), 22(3), 29(2), 39(7), among others). The notes reference the application of Part IIAA of the Criminal Code (by-law 6), but the By-laws themselves make clear that many enforcement provisions do not require proof of fault beyond the actus reus. Practitioners should note the evidential consequence that strict liability offences reduce the scope for fault-based defences and increase the likelihood of administrative expiation through infringement notices.

Infringement notice regime. Part 4 sets out the infringement notice mechanism. An authorised person may issue an infringement notice where they reasonably believe an infringement notice offence has occurred (by-law 51). The required contents are prescribed (by-law 52). The notice informs recipients of the option to pay within 28 days to expiate the offence or elect court proceedings. Payment expiates the alleged offence and prevents further proceedings in relation to it (by-law 54). The CEO may withdraw an infringement notice within 14 days of issue and before payment (by-law 55). Schedule 2 maps particular by-law provisions to particular infringement amounts in penalty units.

Seizure and impounding. Authorised persons can seize animals in specified circumstances including when an animal appears diseased, injured, savage, destructive, stray, unregistered, at large, or where a dog is believed to have attacked a person, or a dangerous dog whose owner is non-compliant with Division 2 (by-law 31). After seizure, authorised persons must impound the animal or attempt to return it to the owner if it is not diseased, injured, savage or destructive (by-law 31(2)). The CEO must take reasonable steps to notify owners of impoundment and state whether the owner must collect or await a decision relating to destruction or disposal (by-law 32).

Release and fees. Release from the pound requires proof of ownership or authorisation to act for the owner and payment of applicable fees which the City determines by resolution (by-laws 33(1)-(3), 48-49). The City may not demand any fee unless it has published the fee determination (by-law 49). Fees not paid when due may be recovered as a debt (by-law 49(3)). Costs incurred by the City to destroy a dog or cat are a debt payable by the owner (by-law 37).

Destruction and humane standards. The CEO may arrange for destruction of an impounded animal if found to be diseased, injured, savage, destructive, unclaimed, unregistered or unwanted and if it is humane in the circumstances (by-law 34). The CEO may presume a dog that attacks a person is savage or destructive (by-law 34(2)). Destruction must be by a method approved by the Australian Veterinary Association and performed by a veterinarian or another person the CEO considers qualified (by-law 36). Disposal or destruction is constrained by investigatory and legal-process safeguards: the CEO must not destroy or dispose of an impounded animal until the later of completion of relevant investigations or, if legal proceedings are involved, 14 days after their end (by-law 35(3)-(4)).

Dangerous dog enforcement. The City empowers authorised persons to declare a dog dangerous based on menacing or attacking behaviour or reasonable belief on grounds the dog is destructive, dangerous, savage or a threat (by-law 25). Owners of declared dangerous dogs who breach specified duties face maximum penalties up to 100 penalty units and an infringement amount of 9 penalty units for certain strict liability breaches (by-law 29 and Schedule 2). The CEO can require remedial action if the owner repeatedly fails to comply, following a show-cause process and written notice inviting response (by-law 30).

Administrative sanctions. The CEO may revoke, suspend or vary an authorisation for cause including if obtained improperly or the holder fails to comply with By-laws or authorisation conditions. These actions require prior written notice, stated grounds and an opportunity to make written representations within seven days (by-law 44). Decisions must be communicated in writing including effective dates, conditions for lifting suspensions and steps required.

Interactions with criminal law. The By-laws state that Part IIAA of the Criminal Code applies to offences under the By-laws (by-law 6). By-law 23(1) specifically references a defendant’s evidential burden under section 43BU of the Criminal Code for particular defences. This means that while many offences are strict liability, certain criminal-law principles and procedural protections apply alongside the administrative infringement system.

Criminal Code. The By-laws expressly incorporate Part IIAA of the Criminal Code for offences against the By-laws (by-law 6). This imports general principles of criminal responsibility, defences, and burden of proof considerations into prosecutions for By-law offences subject to the specific declaration of strict liability in many provisions. The note to by-law 23(1) flags section 43BU of the Criminal Code on evidential burden for the listed defences in by-law 23, which shapes how defendants must adduce evidence to rely on those defences.

Local Government Act 2019. The By-laws are made under the Local Government Act 2019, and the note to by-law 5 points to section 275(4) of that Act which causes a by-law to bind the Territory and its instrumentalities. The City’s ability to determine fees, publish determinations and make resolutions under the By-laws reflects the Act’s delegation of local regulatory powers to councils, and the structure of City decision-making under the By-laws aligns with administrative roles for council, the CEO and authorised officers.

Animal Protection Act 2018. By-law 13(2) includes a note that under section 22 of the Animal Protection Act 2018 a person in control of an animal must provide a minimum level of care. That note ties the containment obligations in the By-laws to broader animal welfare duties under Territory law, signalling that enforcement could be coordinated or informed by Animal Protection Act standards where applicable.

Anti-Discrimination Act 1992. The By-laws adopt the definition of assistance animal from section 4A of the Anti-Discrimination Act 1992 (by-law 3), and by-law 18(4) exempts assistance animals from dog or cat restricted area restrictions. This provides a cross-reference that protects authorised assistance-animal access notwithstanding local restrictions.

Information Act 2002. The note to by-law 45 confirms that the City as a public sector organisation has obligations under the Information Act 2002 regarding records. The CEO must keep records of registrations and other authorisations, and publication requirements in by-law 47 direct the City to make notices and documents available on its website. This ensures records and publication are undertaken with the Territory’s information management rules in mind.

Fines and Penalties (Recovery) Act 2001. By-law 52(2)(c) states that if the Fines and Penalties (Recovery) Act applies to an infringement notice offence, enforcement action may be taken under that Act if the person does nothing in response. Thus expiation unpaid after infringement notices may be enforced under the Territory’s enforcement and debt recovery machinery, linking the By-laws’ administrative enforcement to statutory recovery procedures.

Other local law and administrative law principles. The By-laws provide the City with the ability to make resolutions and determinations, exercise discretion, and impose conditions on authorisations (by-laws 7(2), 16(1), 41(3), 48). Those choices are subject to administrative law review principles and, where relevant, must accord with procedural steps in the By-laws such as publication and show-cause processes (by-laws 17(2), 18(2), 44). The By-laws also preserve transitional treatment for licences and determinations under the former 1999 By-laws (by-laws 59-61) ensuring continuity.

Limitations and interface. The By-laws do not set penalty unit monetary values; those are determined elsewhere in Territory law. They also do not create private civil causes of action. Recovery of costs incurred by the City is framed as a debt due from the owner (by-laws 37, 49(3)), thereby linking local civil recovery mechanisms with enforcement. The By-laws' references to external standards, such as the Australian Veterinary Association for humane destruction methods (by-law 36), import industry standards without creating independent statutory offences.

Textual repeal and replacement. The instrument repeals the Palmerston (Animal Management) By-laws 1999 and amendment instruments listed in Schedule 1 effective on commencement (by-law 57 and Schedule 1). This is a complete statutory refresh of the City’s animal-management by-law regime, establishing a new consolidated regulatory code as at 1 July 2024 (by-law 2 and Endnote 2 listing notification and commencement dates).

Continuity and transitional provisions. Division 2 of Part 5 contains transitional rules to preserve continuity. Determinations, charges and fees in force under the former By-laws continue as if determined under the new By-laws (by-law 59). Licences and registrations in effect immediately before commencement continue in force as if issued under the new By-laws (by-law 60). Existing dog exercise and restriction area declarations carry over to the new framework (by-law 61). Offence provisions in the former By-laws continue to apply to acts committed prior to commencement, with the By-laws clarifying that if any element of an offence occurred before commencement it is taken to have been committed before commencement (by-law 62).

No amendments listed post-commencement. The text provided is a consolidated instrument "As in force at 1 July 2024" and includes Endnotes referencing notification on 24 May 2024 and commencement on 1 July 2024. There are no later amendments or legislative history entries in the provided text recording subsequent variations. Schedule 1 lists the instruments being repealed, but does not record amendments to the 2024 instrument itself.

City-level implementing actions required. While the By-laws themselves show the initial repeal and replacement mechanics, they require the City to take multiple implementation steps that will have de facto amendment-like effects on how the regime operates: the City must make resolutions to determine registration processes, conditions for approvals, identification device specifications, maximum animal numbers, fees and to declare exercise/restricted areas (by-laws 7(2), 9(2)-(3), 16(1), 17, 18, 48). Those delegated resolutions will shape the day-to-day application of the By-laws and can be updated by the City without an amendment to the By-laws, subject to the consultation and publication requirements the By-laws impose.

CEO and authorised-person policies. The CEO is empowered to issue and revoke authorisations (by-laws 41-44), to grant exemptions in limited cases (e.g. microchip exemptions under by-law 9(4)), to make enforcement decisions under by-laws 30 and 34-35, and to maintain records and publish notices (by-laws 45, 47). These executive actions will functionally modify operational practice and are the likely locus of policy change following commencement rather than formal amendments to the By-laws themselves.

Constraints on frequent reapplication. The By-laws impose a constraint on repeated applications to revoke a dangerous dog declaration by preventing consideration of a fresh revocation application for six months after a refusal (by-law 26(5)). They also restrict persons who contravene maximum animal-number provisions from applying for relevant licences for 12 months from the last contravention (by-laws 16(6), 38(6)). These provisions create temporal barriers that operate like limited amendment-proofing measures at the administrative level.

Record of current instrument. The Endnotes identify the instrument as SL No. 8, 2024 and provide notification and commencement dates. There is no further internal schedule of amendment history for the 2024 By-laws in the provided text. Any subsequent amendments after 1 July 2024 would need to be sourced separately from the Territory’s legislative registry.

No case law or litigation outcomes are contained in the provided By-laws. The instrument itself includes internal notes referencing the application of Part IIAA of the Criminal Code and a reference to the evidential burden under section 43BU of the Criminal Code in relation to specified defences in by-law 23(1), but the text does not cite any judicial decisions or summaries of litigation. Schedule 1 and the transitional provisions preserve offences under the former By-laws to the extent relevant to acts occurring prior to commencement (by-law 62), which leaves open the possibility of historic litigation under the former regime, but no such cases or outcomes are documented in this text.

Implication for practitioners. Because there is no litigation history recorded here, practising lawyers and compliance advisers must rely on the statutory text and any external case law on analogous provisions in other jurisdictions or under the Criminal Code for interpretive guidance. The By-laws’ explicit adoption of Part IIAA of the Criminal Code means that legal analysis of defences, evidential burdens and strict liability will engage broader criminal-law jurisprudence. The note in by-law 23(1) that the defendant has an evidential burden (see s 43BU of the Criminal Code) is the only cross-reference in the instrument that directly signals a procedural litigation issue that may surface in prosecutions.

Practical pathway for disputes. Where an owner disputes an enforcement action under the By-laws, the options in the instrument are to elect to have the matter dealt with by a court rather than paying an infringement notice (by-law 52(2)(b)). The CEO’s decisions to revoke or vary authorisations involve a show-cause process with written representations permitted and followed by written decision, creating an administrative pathway to challenge decisions that may be amenable to judicial review on public law grounds, but the By-laws do not canvass judicial review processes expressly.

No recorded appeals process. The By-laws do not set out an internal appeal tribunal or review board for council or CEO decisions beyond the opportunity to make representations and seek reconsideration. The only specific statutory reiteration of a review mechanism is the right to elect court proceedings for infringement offences (by-law 52). Consequently recourse against executive decisions will typically be through statutory administrative review mechanisms or court proceedings external to the By-laws rather than an internal appeals structure.

Strict liability is widespread. Many key offences are declared strict liability (see multiple provisions such as by-laws 8(3), 13(4), 14(5), 21(3), 22(3), 29(2), 39(7)). Strict liability reduces the scope for fault-based defences and heightens enforcement efficiency for the City. Practitioners should note that strict liability offences can still give rise to defences available under Part IIAA of the Criminal Code but the evidential burden for some defences falls on the defendant (see the note to by-law 23(1) referencing s 43BU). Owners and advisers often underappreciate how quickly ordinary acts become offences in strict-liability regimes, for example failing to microchip or update an address within 14 days creates an offence irrespective of intent (by-laws 9, 12).

Time-critical notification obligations. Several duties impose very short timeframes that attract strict liability and carry non-trivial penalties or remedial consequences. Examples are the 14-day requirement to notify the City of a change in address or transfer of ownership (by-law 12(1)-(2)), the 14-day reporting window for a dangerous dog owner to desex and provide veterinary evidence (by-law 27(2)), and the 24-hour obligations to notify the City when a dangerous dog is missing, dies or is transferred (by-law 28). Failure to comply can trigger maximum penalties and remedial action such as surrender of the dog (by-laws 29, 30).

CEO and authorised-person discretion. The By-laws give wide operational discretion to the CEO and authorised persons. That discretion affects microchip exemptions, declaration and revocation of dangerous dogs, imposition and variation of authorisation conditions, seizure and impoundment decisions, and determinations to destroy impounded animals if humane (by-laws 9(4), 25, 26, 36, 34-35, 41-44). Discretion increases uncertainty for owners because decisions can be outcome-determinative and the criteria for some actions include subjective judgements like whether a dog is "dangerous" or "savage" on reasonable grounds (by-law 25(1)(b)).

Costs that become debts. The City can recover fees and costs as debts. Costs for destruction are a debt payable by the owner (by-law 37); fees for impoundment, delivery and other City costs are recoverable as debts if unpaid (by-laws 33(2), 49(3)). The consequence is that non-payment can be pursued through civil recovery mechanisms beyond the immediate infringement process, linking enforcement to financial exposure.

Microchip and tag specifications determined by resolution. The By-laws require tags and microchips to meet specifications determined by the City by resolution (by-law 9(2)-(3)). This means technical compliance depends on later administrative determinations that must be published. Until specifications are published owners face uncertainty about compliance requirements, and the City’s published specifications will drive market demand for particular devices and services.

Interplay with Fines and Penalties recovery. The infringement notice scheme preserves the option to enforce unpaid infringements under the Fines and Penalties (Recovery) Act 2001 (by-law 52(2)(c)). Expiation by payment prevents subsequent prosecution, but failure to respond allows the City to pursue enforcement through the Territory’s recovery regime, with attendant fees and enforcement consequences.

Release conditions for impounded animals. An impounded animal cannot be released unless registered and microchipped, and released to the owner or authorised designee, and fees are paid (by-law 33(3)). Exceptions apply for animals usually kept outside the City or under 3 months old (by-law 33(4)). Practically this means owners who lose an unregistered animal or one without a microchip may find retrieval barred until they comply, which can increase the cost and effort to reclaim animals and may incentivise microchipping.

Presumptions about attackers. The CEO may presume that a dog that attacks a person is savage or destructive (by-law 34(2)). This presumption can accelerate decisions about destruction or further remedial measures and shifts evidentiary burdens in practice, particularly where investigations proceed.

Limits on reapplication. The CEO may refuse revocation of dangerous dog declarations and then is not required to consider a further application in relation to the same dog within six months of the refusal (by-law 26(5)). Similarly, a person who contravenes maximum animal-number rules is barred from applying for a relevant authorisation for 12 months after the contravention (by-laws 16(6), 38(6)). These timebars constrain options for owners to rectify or re-seek permissions promptly.

Publication and consultation obligations. Declarations of dog exercise and restricted areas require at least 28 days notice and consideration of responses (by-laws 17(2), 18(2)). Failure by the City to follow those procedural steps could be a basis for challenge, while compliance entails a lead time for owners and residents to influence or adapt to new area rules.

No monetary value of a penalty unit in the By-laws. The By-laws list penalties in penalty units, and Schedule 2 maps particular offences to penalty-unit amounts. The monetary valuation of a penalty unit is set elsewhere in Territory law and is not provided in this document. This creates a need to cross-reference the current penalty-unit value when calculating monetary amounts for infringement notices or fines.

Registration and identification checklist. Register every dog or cat kept in Palmerston with the City in accordance with the process the City determines by resolution (by-law 7(1)-(2)). Ensure the animal wears an identification tag meeting the City’s specifications whenever outside the premises and is implanted with a microchip that satisfies City specifications, unless you have a CEO exemption on health grounds (by-law 9(1)-(5)). Retain veterinary evidence and documentation confirming microchip implantation and tag specification compliance for inspection and for pound release.

Keep contact and ownership records current. If you are the registered owner, notify the City in approved form within 14 days of any change in your address or any transfer of the animal to a new owner, including required particulars and contact details for both former and new owners (by-law 12(1)-(2)). Failure to notify within 14 days is a strict liability offence with an infringement amount (by-law 12(3) and Schedule 2).

Containment and control. Ensure your dog or cat is properly contained on premises by secure building, enclosed run or other structure from which escape is not possible (by-law 13(2)). When outside premises, keep the animal under effective control: use a suitable leash held by a competent person over 12 years old or keep the animal safely enclosed in or on a vehicle so no part projects; in dog exercise areas ensure the dog responds to voice commands and you carry a leash (by-law 14(2)-(3)). For dangerous dogs ensure the handler is at least 18 years and competent and the dog is muzzled and on a suitable leash (by-law 27(5)).

Avoid menacing and attacking behaviour. Owners must prevent dogs from menacing, attacking or seriously attacking people or animals (by-laws 20-22). Practically this means maintaining control, supervision and training to prevent chasing, rushing, biting or causing damage. In an exercise area comply with conditions published by the City and do not enter restricted areas unless exempted or authorised (by-laws 17(4), 18(5)).

Special steps for dangerous dogs. If a dog is declared dangerous, comply within 14 days with desexing requirements and provide veterinary evidence to an authorised person, undertake behavioural training specified by the CEO at your expense, ensure containment appropriate to the dog’s danger, display "Warning Dangerous Dog" signage visible from the front boundary, and comply with the stricter control and muzzling rules when the dog is outside premises (by-law 27). Notify the City within 24 hours if you move the dog for more than 14 days or if it goes missing; report attacks or alleged attacks within 24 hours (by-laws 27(6), 28).

Authorisations, fees and conditions. Apply for authorisations and licences to keep animals or exceed maximum numbers through the CEO in the approved form and with applicable fees and required documents (by-law 42). Note authorisations are generally valid for 12 months if no period is specified and can be subject to conditions that you must comply with (by-law 41(2)-(3)). Ensure you read and keep copies of any conditions and the City’s published resolutions specifying technical standards for tags, microchips and fencing, because non-compliance is an offence (by-laws 9(2)-(3), 41(3), 16(1)).

Impoundment and reclaiming animals. If your animal is impounded, respond promptly to the CEO’s notice and collect the animal within any time specified in the notice to avoid an offence (by-law 32(1)-(3)). When collecting, provide evidence of ownership or authority to act for the owner, ensure the animal is registered and microchipped unless an exception applies such as being usually kept outside the City or under 3 months of age, and pay any fees required for release (by-law 33). Keep receipts and documentation for payments and registration status.

Addressing notices and show-cause procedures. If you receive a notice proposing revocation or variation of an authorisation or proposing remedial action in relation to a dangerous dog, use the statutory periods to submit written representations. For authorisation revocation or variation you have seven days to provide written representations, and for remedial action regarding dangerous dogs you have 14 days to show cause (by-laws 44(2)-(3), 30(2)). Keep copies of all correspondence sent to and from the CEO.

Dealing with infringement notices. If you receive an infringement notice ensure it contains the required particulars (by-law 52). You may either pay the infringement amount within 28 days to expiate the offence or elect court proceedings by completing the statement of election included with the notice (by-law 52(2)). Consider whether to seek a review of the notice under administrative avenues if the CEO withdraws it within 14 days before payment; otherwise, non-payment may lead to enforcement under the Fines and Penalties (Recovery) Act (by-law 52(2)(c), 55).

Record keeping and publication. Keep records of vaccinations, microchip implantation, registration, desexing certificates, purchase of approved tags and any training certificates for dangerous dogs. The CEO is required to keep records and publish determinations on the City website, but owners are best placed to maintain contemporaneous documentation to respond to queries and to expedite compliance with impoundment release requirements (by-laws 45, 47).

Practical risk mitigation. Prevent nuisance claims by removing faeces immediately in public and manage noise and odour to avoid disturbances (by-law 39). If you breed or keep many animals, check whether the City has established limits on maximum numbers and apply for any necessary authorisation in advance of exceeding published thresholds to avoid the 12-month bar on reapplication after contraventions (by-laws 16, 38(1)-(6)).

Seek clarity on City determinations. Because several technical specifications and financial obligations depend on City resolutions (tags, microchip specifications, fees, exercise area conditions), monitor the City’s published determinations on its website for current requirements and for any changes to fees or area declarations that will affect compliance duties (by-laws 9(2)-(3), 48-49, 47).

CITY OF PALMERSTON (ANIMAL MANAGEMENT) BYLAWS 2024

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CITY OF PALMERSTON (ANIMAL MANAGEMENT) BYLAWS 2024

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1 CITY OF PALMERSTON (ANIMAL MANAGEMENT) BYLAWS 2024

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