Dogs and parks

You're in the local play area with your small kids when two dogs wander in. They're not on leads and there's no one with them. They don't seem aggressive, but they make the kids very nervous. You call the dog control officer, who takes them to the animal shelter. But then what happens? Will they be back?

If the dogs are registered, the owner will be asked to come and collect them and pay a fine, and will be advised of their responsibilities.

Unregistered dogs are not released from the shelter unless someone claims them, registers them and pays all fees due for sheltering them

In both cases there may be a fine for allowing the dogs in a prohibited area or for not having them under control. Children's play areas are routinely off-limits to unleashed dogs, and often to dogs

The dogs return to the park a week later. A child pokes one of them with a stick and it starts growling and baring its teeth. The child's mother calls the dog officer, says the dog is "dangerous" and asks for it to be put down. Can she get this done?

In this situation, the dog probably won't be put down, but it could still be classified as "dangerous", even though it was provoked.

This issue is at the heart of many incidents involving dogs. The dog may be generally friendly and well trained, but you can expect any animal to defend itself if sufficiently provoked. Children especially may frighten a dog into attacking them.

When a dog is formally classified as dangerous, the owner has to keep it under much tighter control - for example, by fencing the property, keeping the dog muzzled in public and having it neutered. The local council decides on the classification, after considering written statements from all interested parties.

If the owner objects to the classification, a council hearing will consider both sides and decide whether the classification is necessary. If it is, and the owner doesn't comply, they'll be prosecuted.

A dog can also be formally classified as 'menacing'. There are fewer restrictions on 'menacing' dogs.

Meanwhile the dog has disappeared but is later seen chained up in a nearby house. Can the dog ranger take any action against the owner or impound the dog?

Generally, yes. If a dog officer has good cause to suspect that a person has committed an offence against the Act, including if a dog has been or is being a nuisance, they can enter the 'land or premises' at any reasonable time to check on the dog, or the conditions it's kept in and they can take the dog away.

However, a dog officer needs a court warrant to enter a house.