23Dogs and cats on private property without permission

23 Dogs and cats on private property without permission (1) If a dog or cat has been present on private property on more than one occasion without the permission of the owner or occupier of the property, the owner or occupier of private property or an authorised officer may seize the dog or cat while it is present on the property. (2) The owner or occupier of the private property or the authorised officer who has seized a dog or cat under subsection (1) must immediately so notify the Council of the municipal district in which the property is situated. S. 23(3) substituted by No. 65/2007 s. 10(1). (3) If the authorised officer who seized a dog or cat under subsection (1) is able to identify the owner of the dog or cat, the authorised officer must, within 5 business days after the seizure of the dog or cat, serve on the owner of the dog or cat a notice of objection to the presence of that dog or cat on the private property. S. 23(4) amended by No. 65/2007 s. 10(2). (4) If, after a notice under subsection (3) has been served, the dog or cat enters or remains on the private property, the owner of the dog or cat is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence, and 3 penalty units for a second or subsequent offence. (5) A notice under subsection (3) must be served either personally or by registered post. (6) A copy of a notice under subsection (3) must be given to the owner or occupier of the private property within 24 hours after the notice being served. (7) In this section, ***business day*** means a day other than— (a) a Saturday or Sunday; or (b) a public holiday appointed under the **Public Holidays Act 1993**.