45Special considerations in determination of application for

45 Special considerations in determination of application for registration (1AA) The owner of a dog that is kept in the municipality must register the dog with the council, unless the dog is an assistance dog. (1) The council must, not later than 14 days after receiving an application for the registration of a dog: (a) register or renew the registration of the dog, either conditionally or unconditionally; or (b) refuse to register or renew the registration of the dog and refund to the applicant the fee accompanying the application. (2) The council may refuse to register or renew the registration of a dog if: (a) within the period of 12 months before the date of the application, the owner of the dog has been convicted of more than 2 offences against this Division or the repealed by-laws; (b) within the period of 12 months before the date of the application, the dog has been impounded under this Division or the repealed by-laws on more than 2 occasions; (c) the council is satisfied that the dog is destructive, dangerous, vicious or consistently the cause of nuisance to members of the public;

Katherine Town Council By-laws 1998 22 (d) the premises on which the dog is usually kept are not fenced in the manner determined by the council; or (e) the dog is a dangerous dog and, within the period of 12 months before the date of the application, the owner of the dog has contravened by-law 57 more than once. (3) The council must refuse to register or renew the registration of a dog if: (a) in keeping the dog on the premises on which the dog is usually kept, the applicant would be in breach of by-law 46L; or (b) the dog is usually kept on premises within a dog restriction area. (4) If the council refuses to register or renew the registration of a dog, or imposes conditions on the registration or renewal of the registration of a dog, the council must serve on the applicant a statement in writing of the reasons for its decision. (5) For the purposes of clause (2)(a), a conviction for an offence includes the payment of an amount under an infringement notice issued under these By-laws or the repealed By-laws.