26July 2011 is repealed.

26 July 2011 is repealed. 1.5 Terms Used In this local law unless the context otherwise requires— Act means the Dog Act 1976; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; CEO means the Chief Executive Officer of the local government; dangerous dog means a dog which is the subject of a declaration under section 33E of the Act declaring it to be a dangerous dog; district means the district of the local government; dog management facility has the meaning given to it in section 3(1) of the Act; infringement notice means the notice referred to in clause 6.3; local government means the Town of Cottesloe; notice of withdrawal means the notice referred to in clause 6.6(1); owner in relation to a dog means— (a) The person by whom the dog is ordinarily kept; or (b) The person who is deemed by the Act to be the owner of the dog; person liable for the control of the dog has the same meaning as in section 3(1) of the Act; pound keeper means a person authorised by the local government to perform all or any of the functions conferred on a "pound keeper" under this local law; premises has the same meaning as in section 3 of the Act; public place has the same meaning given to it by section 3(1) of the Act; Regulations means the Dog Regulations 2013; Schedule means the schedule to this local law; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and town planning scheme means a town planning scheme made by the local government under the Planning and Development Act 2005 which applies throughout the whole or a part of the district. PART 2—IMPOUNDING OF DOGS 2.1 Charges and costs The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog; (b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.

4 August 2023 GOVERNMENT GAZETTE, WA 2705 2.2 Attendance of authorised person at dog management facility The authorised person is to be in attendance at the dog management facility for the release of dogs at the times and on the days of the week as are determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to the authorised person or in the absence of the authorised person, to the CEO. (2) The authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of the authorised person, satisfactory evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner of a microchip implanted in the dog. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with sub clause (1), he or she commits an offence. Penalty: For an offence relating to a dog other than a dangerous dog— (i) A fine of $5,000 (ii) For each separate and further offence committed by the person under the Interpretation Act 1984 Section 71, a fine of $100. Notwithstanding Clause 1 the confinement of dangerous dogs is dealt with in the Act and Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been (a) granted an exemption under section 26(3) of the Act, or (b) established as a veterinary hospital or veterinary clinic. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act is two (2) dogs over the age of 3 months and the young of those dogs under that age. Penalty: For an offence relating to a dog other than a dangerous dog— (i) A fine of $5,000 (ii) For each separate and further offence committed by the person under the Interpretation Act 1984 Section 71, a fine of $100. The confinement of dangerous dogs is dealt with in the Act and Regulations. 3.3 Application to keep additional dog or dogs (1) The local government may consider an application to keep an additional dog or dogs where— (a) the property is deemed suitable by an authorised person— (i) having sufficient space capable of confining more dogs; (ii) noise, odours, fleas, flies and other vectors of disease will be affectively controlled; and (iii) the care and welfare of the dogs is considered adequate (b) the details of every dog proposed to be kept on the premises are provided including name, age, colour/description, breed, registration number and microchip details; and (c) sufficient reason has been provided, including— (i) to replace an elderly or sick dog not expected to live; (ii) a family emergency resulting in the dog being inherited; (iii) merging of two households; (iv) where the applicants have had approval to keep an additional dog or dogs in another local authority.