Nuisance Animals

Nuisance Dogs

A dog is considered a nuisance if the dog:

  • Is routinely roaming the streets
  • Repeatedly defecates on non-owner’s property (other than a public place)
  • Repeatedly runs at or chases any person, animal (other than vermin) or vehicle
  • Endangers the health of any person or animal (other than vermin)
  • Repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept
  • Makes a noise that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises

Talk to your neighbours first 

If a dog in your neighbourhood is causing problems or is being a nuisance, always talk to the dog's owner first. The owner may not even be aware of the problem and the issue can easily be resolved.

If you can't agree on a solution to the problem, please read our Barking Dog Complaints Guidelines and complete the Complaints Form to  lodge a complaint with our customer service team.

Click here to download the Barking Dog Complaint Guidelines and Form(PDF, 404KB)

  • A Council Ranger will follow up on your complaint within 24 hours, where possible
  • Should the problem continue, the Ranger can issue a nuisance order to the dog's owner, who may be fined between $275 and $880

Another alternative is to seek the assistance of the Community Justice Centre (CJC) to mediate a solution. The service is free, confidential, easy to use and can be conducted at local venues. Phone 4228 0433 or toll free on 1800 650 987.

 

Dog Attacks

If you are attacked by a dog please contact our Rangers or the local Police immediately with details including:

  • Date, time and location of the attack
  • Description of the dog e.g. colour, breed, size
  • Details of the dog's owner (if possible)

If we can identify the dog and determine where it came from, legal action may be taken.

  • Tumbarumba Ranger - 0427 482 486
  • Tumut Ranger - 0417 512 086

 

Dangerous or Menacing Dogs

Many people keep a dog to deter trespassers and burglars. There is no problem with this, providing that it does not become a danger to other people or animals (including displaying unreasonable aggression).

Council Rangers have a general duty to take such steps as are necessary to ensure they are aware of the existence of all dangerous, menacing and restricted dogs that are kept in their areas.

If you have evidence that a dog is dangerous or menacing, you should notify our Customer Service Team.

Dangerous Dogs

A declared dangerous dog is a dog that a Council Ranger or a Local Court has declared as dangerous because it:

  • Has, without provocation, attacked or killed a person or animal (not including vermin)
  • Has, without provocation, repeatedly threatened to attack or repeatedly chased a person or animal (not including vermin)
  • Is kept or used for hunting (not including a dog used for locating, flushing, pointing or retrieving birds or vermin)
  • Has been declared a dangerous dog under a law of another State or a Territory that corresponds with the Act

Menacing Dogs

A declared menacing dog is a dog that a Council Ranger or a Local Court has declared as menacing because it:

  • Has displayed unreasonable aggression towards a person or animal (other than vermin)
  • Has, without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death
  • Has been declared a menacing dog under a law of another State or a Territory that corresponds with the Act

 

Restricted Dogs

It is an offence in New South Wales to sell, acquire or breed dogs on the restricted dog list.  If you fail to comply with these requirements, you may be liable for large fines or imprisonment and your dog may be seized and destroyed.

If you own a restricted dog and it attacks or injures a person or an animal (other than vermin) without being provoked, you must report it to your local council within 24 hours of the attack or injury.

Restricted dogs in NSW are the same as those currently on the prohibited list of importations into Australia. However changes to the legislation also include offspring of restricted dogs on the list, as follows:

  • American pitbull terrier or Pitbull terrier
  • Japanese Tosa
  • Dogo Argentino (Argentinean fighting dog)
  • Fila Brasiliero (Brazilian fighting dog)
  • Any other dog of a breed, kind or description, whose importation into Australia is prohibited by, or under, the Customs Act 1901 of the Commonwealth (Perro de Presa Canario or Presa Canario)
  • Any dog declared by an authorised officer of a council, under division 6 of the Companion Animals Act 1998, to be a restricted dog**

**This means any dog where a Ranger is of the opinion that a dog is of a breed or kind of dog on the restricted dog list or a cross-breed of any such breed or kind of dog.

 

Council Declared Restricted Dogs

If a Council Ranger issues you with a 'Notice of Intention to Declare a Dog to be a Restricted Dog', you must follow all instructions in the notice. You must also immediately ensure that the dog is contained securely within its property so that it cannot chase or attack any person lawfully at the property.

Control Measures for Restricted Dogs

If you are the owner of a restricted dog, you must ensure that:

  • Your dog is microchipped and lifetime registered
  • Your dog is de-sexed (or permanently sterilised)
  • Your dog is contained in an enclosure that complies with the requirements of the Companion Animals Regulation http://www.legislation.nsw.gov.au/#/view/regulation/2008/374/part4/sec24 when on the premises where the dog is normally kept
  • You have a certificate of compliance from Council, certifying that the enclosure meets the regulatory requirements
  • Your dog wears a muzzle and is securely leashed at all times when outside the enclosure
  • Your dog wears a prescribed collar at all times
  • You prominently display dangerous dog warning signs on the premises where your dog is normally kept
  • Your dog is not left at any time in the sole charge of a person under 18 years of age
  • You do not breed from, or advertise as available for breeding, your dog prior to de-sexing
  • You do not transfer ownership of your dog (It is also an offence for someone to accept ownership of a restricted dog)
  • You do not sell (sell includes giving away) your dog or advertise it for sale
You must notify Council if:
  • Your dog has attacked or injured a person or animal (other than vermin) with or without provocation (must notify within 24 hours of the attack or injury).
  • Your dog cannot be found (must notify within 24 hours of your dog's absence first being noticed)
  • Your dog has died (must notify as soon as practicable after the dog's death)
  • your dog will no longer be ordinarily kept in the same council area
  • Your dog will ordinarily be kept at a different location in the same council area

If you fail to comply with these requirements, you may be liable for large fines or imprisonment and your dog may be seized and destroyed.

For more information on these control requirements contact our Customer Service Team.

 

Nuisance Cats

Responsibly managed cats do not overly threaten the environment; they enjoy being outside during the day; generally stay close to home and are kept inside at night.

A cat is a nuisance cat if it:

  • Makes persistent, excessive noise that reasonably interferes with the peace, comfort or convenience of any person in any other premises
  • Repeatedly damages anything outside the property on which it is ordinarily kept

Dealing with Nuisance Cats

It is an offence for cats to wander on private property without the property owner’s consent. If you have wandering cats on your property, you can try a number of means to discourage them:

  • Utilise products available from nurseries and pet shops to deter cats
  • Ensure that your pet's food is not left outside to entice cats and that your garbage bin lids are closed
  • Try to ascertain who the owner of the cat is. This can help make the owner aware of their cat's habits and may increase the likelihood of steps being taken to control their activities

If you are not comfortable speaking with the owner, please call our Customer Service Team during business hours and we will work with the cat owner and provide suggestion to ensure they can comply with the law’s requirements.

If problems persist, Rangers can take more serious measures which may include fines, control orders and even court action.

Click here for more information and frequently asked questions about dealing with and owning cats.