Dangerous dogs

A dog may be declared 'menacing' if it has displayed unreasonable aggression towards a person or animal or without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death.

Serious injury is defined as:

• any injury that requires hospitalisation of a person or animal
• a broken bone that requires medical or veterinary attention
• a major laceration (that is, a wound caused by the tearing of body tissue or by multiple punctures caused by more than one bite from a dog) that requires medical or veterinary attention
• a partial or total loss of sensation or function in a part of the body that requires medical or veterinary attention
• any other injury requiring medical or veterinary attention, of the same level of seriousness as the injuries described in paragraphs (2)–(4),
• an injury that requires a person to have cosmetic surgery.

'Menacing dogs' in NSW are dogs that are the subject of a declaration made by a council. A council must have given notice to the owner of a dog of the council's intention to declare the dog to be menacing.

Requirements for keeping a declared menacing dog

One or more signs must be displayed on that property showing the words 'Warning Dangerous Dog' in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept.

Whenever the menacing dog is outside property on which the dog is ordinarily kept the dog must:

• be under the effective control of a competent person and be leashed
• be muzzled in a way that prevents it from biting any person or animal
• not be in the sole charge of a person under the age of 18 years
• wear a collar at all times of the kind prescribed by the regulations
  
  

Enclosure requirements

During any period that the menacing dog:

• is on property on which the dog is ordinarily kept, and
• is not under the effective control of a person of or above the age of 18 years

the dog must be enclosed in a manner that is sufficient to restrain the dog and prevent a child from having access to the dog.

Notification requirements 

The owner must notify the council if the dog:

• (with or without provocation) has attacked or injured a person or an animal (other than vermin)—notice to be given within 24 hours after the attack or injury
• cannot be found—notice to be given within 24 hours after the dog’s absence is first noticed,
• has died—notice to be given as soon as practicable after the death
• is no longer being ordinarily kept in the area of the council—notice to be given as soon as practicable after the change of location
• is being ordinarily kept at a different location in the area of the council—notice to be given as soon as practicable after the change of location – section
  
  

Failure to comply with requirements

An owner can be issued with a fixed penalty notice of $1,320 for failure to comply with any of the above control requirements. A maximum penalty of $16,500 can apply if the owner failures to comply with any one of the control requirements of sections 51 or 56 of the Act.

Dependent on the circumstances, these offences may also result in the seizure and destruction of a dog.

It is an offence in NSW to sell, acquire or breed dogs on the restricted dog list. Where Council is of the opinion that a dog is a restricted dog or a cross-breed of a restricted dog we can declare that dog a 'council-declared restricted dog'.

Restricted dogs in NSW are:

1. American pitbull terrier or pitbull terrier
2. Japanese tosa
3. Dogo Argentino (Argentinean fighting dog)
4. Fila Brasiliero (Brazilian fighting dog)
5. Any other dog of a breed, kind or description whose importation into the Australia is prohibited by or under the Customs Act 1901 of the Commonwealth
6. Any dog declared by a council under Division 6 of the Act to be a restricted dog
7. Any other dog of a breed, kind or description prescribed the regulations for the purpose of this section.

Council-declared restricted dogs

If a council issues a dog owner with a Notice of Intention to Declare a Dog to be a Restricted Dog, the owner has 28 days in which to complete a process where they may elect to have the dog's breed and temperament assessed.

If you receive such a notice you should contact the council for further information. Please note: this process does not apply to 'Dangerous Dogs'.

How must restricted dogs be kept?

The owner of a restricted or declared dangerous dog must comply with the control requirements listed under sections 51 and 56 of the Companion Animals Act and the relevant parts of the Regulation. These include:

• whenever the dog is outside its prescribed enclosure it must be under effective control of a competent person and leashed and muzzled
• dogs must not be in the sole charge of a person under 18 years of age
• dogs must at all times wear a distinctive red and yellow striped collar of the prescribed design (Council can advise you of suppliers)
• on the property where they usually live dogs must be kept in an enclosure that complies with requirements
• one or more signs with the words 'Warning Dangerous Dog' must be clearly displayed on the property and be clearly visible from the boundaries of the property
• dogs must be desexed
• dogs must not be sold or given away

We can advise you of these requirements in full.

Owners of restricted dog breeds, and dogs declared to be dangerous need to apply for Annual Permits. Permits can be obtained from us.

Failure to comply with requirements

 An owner can be issued with a fixed penalty notice of $1,320 for failure to comply with any of the above control requirements. A maximum penalty of $16,500 can apply if the owner failures to comply with any one of the control requirements of sections 51 or 56 of the Act.

Dependent on the circumstances, these offences may also result in the seizure and destruction of a dog.