35Seizure and detention of dogs at large

35 Seizure and detention of dogs at large

(1)  An authorised person may seize and detain any dog at large.

(2)  If a dog is seized and its owner is identifiable, the general manager is to notify in writing the owner of the dog that –

(a) the dog has been seized and detained; and

(b) the owner may reclaim the dog.

(3)  If, after 5 working days after the notice has been given to the owner, the owner does not reclaim the dog, the general manager may sell, destroy or otherwise dispose of the dog.

(4)  If a dog is seized and its owner is not identifiable, the general manager, not less than 3 working days after its seizure, may –

(a) [Section 35 Subsection (4) amended by No. 72 of 2009, s. 17, Applied:01 Jul 2010] sell, destroy or otherwise dispose of the dog if it is not a dangerous dog or a restricted breed dog; or

(b) [Section 35 Subsection (4) amended by No. 72 of 2009, s. 17, Applied:01 Jul 2010] destroy the dog if it is a dangerous dog or a restricted breed dog.

(5)  The general manager is to take reasonable steps and make reasonable inquiries to identify the owner of a dog.

(6)  [Section 35 Subsection (6) inserted by No. 72 of 2009, s. 17, Applied:01 Jul 2011] The general manager may cause a dog that is seized under this section to be implanted in an approved manner with an approved microchip.

(7)  [Section 35 Subsection (7) inserted by No. 72 of 2009, s. 17, Applied:01 Jul 2011] The owner of the dog is liable for the costs associated with the implanting.

(8)  [Section 35 Subsection (8) inserted by No. 72 of 2009, s. 17, Applied:01 Jul 2011] Subsection (6) does not apply to –