Pets in public placesDogs

The Companion Animals Act 1998 states that a dog must be under the effective control of a competent person at all times when out in public to protect the welfare of the dog, other animals and members of the public.

This means that it must be on a leash and under the control of someone capable of restraining it.

A small framed person may not be able to control a very large strong dog. Under these circumstances, a person capable of restraining the dog should walk the dog.

A dog is not considered to be under the effective control of a competent person if the person has more than four dogs under his or her control.

A dog swimming in the water is still required to be under effective control. It is also a requirement that you pick up your dog’s faeces and dispose of it appropriately.

Signs are not required for enforcement and penalty notices are issued for non compliance.

Roaming dogs have the potential to cause community nuisance through a variety of unwanted activities including:

• Defecating on public or private properties.

• Destructive behaviour towards property.

• Potential for traffic accidents.

• Harassing/aggressive behaviour towards other animals or people.

• An attack on another animal or person.

Many owners fail to acknowledge that their pet, which in many instances is an extension of their family, may be a nuisance to the rest of the neighbourhood.

More information

Tweed Shire Council

Phone (02) 6670 2400 | 1300 292 872 (business hours)After hours 1800 818 326Web tweed.nsw.gov.auEmail tsc@tweed.nsw.gov.au

Office of Local Government

Web olg.nsw.gov.au/public/dogsandcats petregistry.nsw.gov.au

Environmental Protection Agency

Web epa.nsw.gov.au/noise/barkingdogs

Community Justice Centre

Phone 1800 990 777Web cjc.justice.nsw.gov.au

Cats

It is not a requirement under the Companion Animals Act 1998 that you keep your cat indoors or in a cat enclosure at any time, however Council encourages this at least at night.

There is evidence that cats hunt more during the night and many native animals are more active or more vulnerable at this time. There is considerable concern in the community about cats injuring or killing native wildlife.

Yowling and fighting is more prevalent at night as the noise is likely to be intrusive and may affect your neighbours.

Keeping your cat indoors or in an enclosure is recommended in the interests of both your cat’s safety and community harmony. Your cat should not be allowed to cause a nuisance to your neighbours.

Authorised Council Officers can issue nuisance orders to cat owners in certain circumstances.

If a cat is causing a nuisance by way of excess noise, or destroying property, you can try talking to the cat owner or if you do not feel comfortable about doing this then you are able to hire a cat cage from Council to trap the cat and either return the cat to its owner or take it to our Animal Impound Facility.

Dog attacksThe Companion Animals Act 1998 gives Council broad powers to investigate and control, where sufficient evidence exists, any dog that is involved in an attack on a person or another animal.

The definition of a dog attack as per the Act is: any dog that rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal.

If you are threatened or attacked by a dog, you should contact Council (during business hours) or Police (out of business hours).

Your pet, your responsibilityIn today’s urban environment, there is general recognition of the right of dog and cat owners to have, and enjoy, the companionship of their pet. However, there must also be recognition of the rights of others to enjoy a comfortable lifestyle without unreasonable interference from another person’s pet. Unfortunately, in some cases it may not necessarily be the pet that causes the problem, but the lack of owner responsibility.

Tweed Shire Council’s aim is to permit pet owners to maximise the enjoyment of companion animals whilst providing for environmental protection and a harmonious coexistence of pets, pet owners and the wider community.

Ensuring the wellbeing of companion animals is also important.

Responsible dog and cat ownershipInformation sheet

Declarations and evidence in reporting complaints

A Council Ranger will investigate the complaint, taking statements and gathering any other evidence which is required to assess what further action is appropriate including declaring dogs as ‘dangerous’, ‘menacing’, or a ‘nuisance dog’, issuing penalty notices or a formal warning.

Council needs to have sufficient evidence to uphold in court any declarations it might make. This means detailed information is required including, but not limited to:

• Statement of facts – date, time, location, description of the attack and any injuries.

• Description of the offending dog – dog’s appearance, colour, distinguishing marks and sex (if known).

• Where the dog lives or came from.

• Name of the dog, if known.

• Name of the dog’s owner, if known.

• Names and contact details of any witnesses.

• Photographic evidence of any injuries to any person or animal.

• A doctor’s report detailing any person’s injuries, if applicable.

• A vet’s report detailing any injuries suffered by an animal, if applicable.

Microchipping and registrationMicrochipping

A microchip is a subcutaneous electronic radio transponder, about the size of a grain of rice, that is implanted beneath the animal’s skin between the shoulders.

No personal information is stored on the microchip, only the unique identification number

In NSW, all cats and dogs, other than exempt cats and dogs (see website for exemptions), must be microchipped by 12 weeks of age or before being sold or given away, whichever happens first.

If your companion animal changes ownership, address or you change phone numbers you must advise Council by completing a relevant form (available at Council Offices or website). Council aims to return lost animals promptly to their owners but delays can occur due to incorrect or out of date details.

Registration

All cats and dogs, other than those exempt (see website for exemptions), must be registered by six months of age. The registration fee is a once-only payment, which covers the cat/dog for its lifetime in NSW, regardless of any changes in ownership. You are encouraged to have your cat or dog desexed before registering it.

Discounted registration fees apply to desexed cats and dogs. Having your cat or dog desexed helps to reduce straying, fighting and aggression and antisocial behaviour, such as spraying to mark territory. It also helps to reduce the number of unwanted pets born each year. If you pay registration for a non-desexed animal and then later have your pet desexed, there is no refund of the difference.

Registration fees are used to provide animal management related services to the community. These services may include ranger staff, pound facilities, education and other companion animal-related activities. For current fees please see Council’s website. If you fail to have your cat or dog microchipped or registered when required to do so, you may be issued with a penalty notice. Even then, you will still be required to pay for your pet to be microchipped and registered.

Off-leash areasDogs benefit greatly from the chance to run freely. Under the Companion Animals Act 1998, each Council must provide at least one off-leash area where dogs can be exercised off-leash. Tweed Shire Council currently offers 14 areas. Off-leash areas are sign posted.

You, or the person looking after your dog/s, should be within a reasonable distance to still be capable of controlling the dog/s at all times when in the off-leash area.

Beaches

• South Cabarita Beach – 200m south of Norries Headland to a point one kilometre north of Cudgera Creek.

• South Fingal Head/Kingscliff Beach – access from Murphys Road Kingscliff to a point 0.5km south of the beach access point at the Fingal Head Quarry.

• South Kingscliff Beach – from the boundary of Salt residential area north to the rockwall of Cudgen Creek.

• South Pottsville Beach – 200m south of the main bathing area at Pottsville Beach to 200m north of Black Rocks.

Parks/reserves

• Banora Point – The riverbank reserve at the end of Old Ferry Road, Oxley Cove.

• Banora Point – Amaroo Park on the corner of Darlington Drive and Amaroo Drive, which has a bag dispenser.

• Banora Point – Hibiscus and Oyster Point Park at the bottom of Bushland Drive.

• Chinderah – Corowa Park, corner of Chinderah Road and Terrace Street.

• Chinderah – Turnock Park, corner of Chinderah Road and Chinderah Bay Drive, which has a bag dispenser.

• Murwillumbah – Frangela Drive Reserve, Frangela Drive.

• Murwillumbah – River Street Park, between numbers 73 and 89 River Street, which has a bag dispenser.

• Terranora – Bilambil Road Park on the corner of Naponyah Road and Bilambil Road.

• Tweed Heads – Ducat Park, Ducat Street.

• Tweed Heads West – Boyds Family Park, off Piggabeen Road.

Prohibited areasDogs

All dogs, apart from police, corrective service dogs and certified assistance dogs, are banned from:

• Within 10 metres of a children’s play area.

• School grounds.

• Child care centres.

• Wildlife protection areas.

• Within 10 metres of food preparation or consumption areas in their outdoor dining areas, (except cafes or restaurants whose owners permit dogs). Note, restricted dogs or declared dangerous dogs are prohibited).

The following areas are prohibited when approved by Council. These areas will be signposted if prohibited:

• Recreation areas.

• Public bathing areas.

• Shopping centres.

Cats

Cats are banned from public areas where food is produced or consumed and from wildlife protection areas.

What’s new with the microchip and registration process?

NSW Pet Registry - www.petregistry.nsw.gov.au

You can now update your own contact details on the new public register. You can update your address, change phone numbers, and change ownership. If your pet is lost then having up to date contact details is the best way to bring your pet home. This website also allows registration fees to be paid online, or you may continue to pay at a Council Office.

Dogs at homeBarking dogs are a major source of complaints received by Council. Dogs bark for a variety of reasons including boredom, separation anxiety, lack of exercise and visual stimulation. Through attendance at obedience classes and/or consultation with dog behaviourists, control can be gained over barking and many other behavioural issues.

If you have a complaint about a barking dog, you should talk to the owner and try to find a mutually acceptable solution before contacting Council. Sometimes the owner is not aware of the problem which is causing you distress. If this proves unsuccessful or you are not comfortable with this approach, you may contact Council, seek a noise abatement order through the Court House, or contact your local Community Justice Centre for mediation.

Council Rangers have procedures they follow to investigate, and to take action against an owner whose dog is allowed to bark excessively. Council requires a complainant from two or more affected properties to progress an investigation and also requires a log of when, and for how long, the dog barks. You can talk to neighbours to see if they share your

concerns. If they do, encourage them to also write to, or contact, Council. Having multiple complaints enables Council to issue a nuisance order and ensures that it has the required standard of evidence to prove a case in court, if required.

If a nuisance order requiring the owner to prevent the dog from nuisance barking is issued, and the problem persists, the Council may issue penalty notices.