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Off Leash Parks


aussielover
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If you use an off leash park does it legally mean you accept the risk of anything happening (eg. dog fights) and are therefore not able to make any claims for veterinary costs incurred etc?

Just asking because a friends labrador puppy was attcked by another dog at an off leash park and the owner of the attacking dog refused to acknowledge his dog was in the wrong and therefore pay any veterinary bills and also claimed that when you enter an off leash park you accept the risk and have no rights to compensation etc . The poor lab puppy had damage very close to the eye and it was only luck she didn't lose it! Apparently it was an unprovoked attack, ie the attacking dog ran over to the lab puppy (rather than the lab approaching the dog in a boisterous manner)

I know the owner of the attacking dog and unfortunately although a nice person, the dog was attacked by another dog a while ago and is now DA and has attacked other dogs before. it has a particular dislike for labradors because that was the dog that attacked it. It has known my dog for a while so has no problem with her which is interesting because the other lab puppy is like a clone of mine in both looks and personality.

So I just wanted to clarify that legally you cannot claim any money from the owner of the attacking dog if the fight occurs in an off leash area?

Should I be worried this dog will turn on my dog (even though they have previously never had any incidents)?

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Short answer: no, people are obliged to keep their dog under effective control

Eta: I wouldn't let my dog associate with the attacking dog as the Owner sounds irresponsible

Edited by megan_
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It really depends on the situation. Off-leash parks are not a free-for-all where owners don't have to control their dogs. But having said that, its hard to say who's dog was in the wrong if you weren't there.

True, but just saying that the lab owner is giving an accurate description?

I have witnessed the attacking dog going up to other dogs and having a go at them (unprovoked), so I do find the story believable. The owner of the lab is a responsible and experienced dog owner who has raised several successful guide dogs.

I am aware that owners need to control their dogs but surely this includes stopping your dog from having a go at others.

Where do you draw the line for control? I really think that dogs should be able to walk reasonably close to each other without being attacked. A dog that is so insecure or aggressive that it can't tolerate having a walk within a few meters of it doesn't belong in an offleash park imo.

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It should be reported to the ranger/council straight away.

The owner could be looking at a notice of intent to declare the dog dangerous, if council decide to go down this path.

None of the other attacks have resulted in injury so were not reported.

The lab owner has not reported it as yet. I will suggest it next time I see him.

I feel sorry for the dog though, I feel this aggressive behaviour stems from being attacked and could be helped by a behaviourist.

But I agree for the safety of others something needs to be done.

I will speak with the owner and warn him about dangerous dog declarations next time I see him.

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The link is to the NSW Companion Animals Act. See the note to Paragraph 5, it is perfectly clear that owners are always responsible for any actions of dogs under their control:

http://www.austlii.edu.au/au/legis/nsw/con...998174/s13.html

COMPANION ANIMALS ACT 1998 - SECT 13

Responsibilities while dog in public place

13 Responsibilities while dog in public place

(1) A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person.

(2) If this section is contravened:

(a) the owner of the dog, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time-that other person,

is guilty of an offence.

Maximum penalty:

(a) 10 penalty units except in the case of a dangerous or restricted dog, or

(b) 100 penalty units in the case of a dangerous or restricted dog.

(3) Any person (including an authorised officer) can seize a dog that is in a public place in contravention of this section. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the contravention continues after the owner has been told of the contravention. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog.

Note: Putting the dog on a leash prevents the dog being seized but it does not excuse the contravention and does not stop action being taken for the contravention.

(4) A dog is not considered to be under the effective control of a person if the person has more than 4 dogs under his or her control.

(5) This section does not apply to:

(a) a dog accompanied by some competent person in an area declared to be an off-leash area by a declaration under this section (but only if the total number of dogs that the person is accompanied by or has control of does not exceed 4), or

(b) a dog engaged in the droving, tending or working of stock, or

© a dog being exhibited for show purposes, or

(d) a dog participating in an obedience class, trial or exhibition, or

(e) a police dog, or

(e1) a corrective services dog, or

(f) a dog secured in a cage or vehicle or tethered to a fixed object or structure.

Note: Just because a dog is not on a lead in an off-leash area, or is secured in a cage or vehicle or is tethered to a fixed object or structure, does not mean that an offence under section 16 is not committed if the dog rushes at, attacks, bites, harasses or chases any person or animal, whether or not any injury is caused.

(6) A local authority can by order declare a public place to be an off-leash area. Such a declaration can be limited so as to apply during a particular period or periods of the day or to different periods of different days. However, there must at all times be at least one public place in the area of a local authority that is an off-leash area.

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There are lots of 'nots' in that statement, which makes it confusing, but is says that an offence can still be committed even though the dog is off lead in an off lead area ie being in an off lead area does not excuse the owner if a dog rushes at or attacks etc another dog or person.

ETA: Sorry, the note does refer to Section 16:

http://www.austlii.edu.au/au/legis/nsw/con...998174/s16.html

COMPANION ANIMALS ACT 1998 - SECT 16

Offences where dog attacks person or animal

16 Offences where dog attacks person or animal

(1) If a dog 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:

(a) the owner of the dog, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time-that other person,

is guilty of an offence.

Maximum penalty:

(a) 50 penalty units except in the case of a dangerous or restricted dog, or

(b) 300 penalty units in the case of a dangerous or restricted dog.

(1A) The owner of a dangerous dog or a restricted dog is guilty of an offence if:

(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and

(b) the incident occurs as a result of the owner’s failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.

Note: Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.

(2) It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

© as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog or a corrective services dog.

Edited by horus
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It should be reported to the ranger/council straight away.

The owner could be looking at a notice of intent to declare the dog dangerous, if council decide to go down this path.

None of the other attacks have resulted in injury so were not reported.

The lab owner has not reported it as yet. I will suggest it next time I see him.

I feel sorry for the dog though, I feel this aggressive behaviour stems from being attacked and could be helped by a behaviourist.

But I agree for the safety of others something needs to be done.

I will speak with the owner and warn him about dangerous dog declarations next time I see him.

Maybe, maybe not. Not all dogs that are attacked become aggressive as a result of that. Some get over it and are never aggressive. A behaviourist may not be able to make a dog like this safe to ever be off-lead. I wouldn't want my dog around it. I feel sorry for it too, the owner knows it has a problem that causes it to be aggressive, and yet keeps putting the dog back in the same situation. Some dogs are not meant to be of-lead in public ever.

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If you use an off leash park does it legally mean you accept the risk of anything happening (eg. dog fights) and are therefore not able to make any claims for veterinary costs incurred etc?

Just asking because a friends labrador puppy was attcked by another dog at an off leash park and the owner of the attacking dog refused to acknowledge his dog was in the wrong and therefore pay any veterinary bills and also claimed that when you enter an off leash park you accept the risk and have no rights to compensation etc . The poor lab puppy had damage very close to the eye and it was only luck she didn't lose it! Apparently it was an unprovoked attack, ie the attacking dog ran over to the lab puppy (rather than the lab approaching the dog in a boisterous manner)

I know the owner of the attacking dog and unfortunately although a nice person, the dog was attacked by another dog a while ago and is now DA and has attacked other dogs before. it has a particular dislike for labradors because that was the dog that attacked it. It has known my dog for a while so has no problem with her which is interesting because the other lab puppy is like a clone of mine in both looks and personality.

So I just wanted to clarify that legally you cannot claim any money from the owner of the attacking dog if the fight occurs in an off leash area?

Should I be worried this dog will turn on my dog (even though they have previously never had any incidents)?

I am sure you would be able to claim veterinary costs no matter whether its in or outside of an off leash area. Normally dog park says the dogs need to be under effective control - if a dog attacks another that is not effective control.

Also if the attacking dog is DA then it shouldnt be at the dog park. My jenna is aggressive towards other dogs and doesnt set foot in dog parks - however i have taken her to steve and are working towards getting her better.

I would also assume that whether or not an attack was provoked, the owner of the dog that didnt get hurt would be responsible for vet fees???

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It should be reported to the ranger/council straight away.

The owner could be looking at a notice of intent to declare the dog dangerous, if council decide to go down this path.

None of the other attacks have resulted in injury so were not reported.

The lab owner has not reported it as yet. I will suggest it next time I see him.

I feel sorry for the dog though, I feel this aggressive behaviour stems from being attacked and could be helped by a behaviourist.

But I agree for the safety of others something needs to be done.

I will speak with the owner and warn him about dangerous dog declarations next time I see him.

Maybe, maybe not. Not all dogs that are attacked become aggressive as a result of that. Some get over it and are never aggressive. A behaviourist may not be able to make a dog like this safe to ever be off-lead. I wouldn't want my dog around it. I feel sorry for it too, the owner knows it has a problem that causes it to be aggressive, and yet keeps putting the dog back in the same situation. Some dogs are not meant to be of-lead in public ever.

Max was attacked but didnt turn aggressive :D

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If the owner of the attacking dog denies his dog is in the wrong, how do they prove otherwise?

The dog is in the wrong if it injures the other dog.... whether or not if it was provoked. However in saying tgat, if the dog was provoked then the attacked dog is also in tge wrong... but if the attacked dog doesnt injure the attacking dog then the attacking dog is held responsible...... if that makes sense!

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If the owner of the attacking dog denies his dog is in the wrong, how do they prove otherwise?

Council generally side with the owners of an injured dog, injured child or the person who has felt threatened by a dogs behaviour.

You can deny it all you like but if council feels that the dog has attacked or poses a threat they will issue a notice of intent ( NSW) and if you;ve got enough money, solicitor or knowledge, you might get lucky and get off.

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The laws only catching the better people. In the dog park if a dog attack is easy for the bad people to get away with it saying they pay the vet bill and give false name and address to the other person and they go away and no one knows who they are?. I know of seeming very nice woman she do this and the people of injured dog never found her?

Joe

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It should be reported to the ranger/council straight away.

The owner could be looking at a notice of intent to declare the dog dangerous, if council decide to go down this path.

None of the other attacks have resulted in injury so were not reported.

The lab owner has not reported it as yet. I will suggest it next time I see him.

I feel sorry for the dog though, I feel this aggressive behaviour stems from being attacked and could be helped by a behaviourist.

But I agree for the safety of others something needs to be done.

I will speak with the owner and warn him about dangerous dog declarations next time I see him.

Maybe, maybe not. Not all dogs that are attacked become aggressive as a result of that. Some get over it and are never aggressive. A behaviourist may not be able to make a dog like this safe to ever be off-lead. I wouldn't want my dog around it. I feel sorry for it too, the owner knows it has a problem that causes it to be aggressive, and yet keeps putting the dog back in the same situation. Some dogs are not meant to be of-lead in public ever.

My dog was attacked as a pup but isn't aggressive :D

However, this dog wasn't aggressive before it was attacked and now only attacks labradors which happen to be the dog he was attacked by, so I am highly suspicious that the attack on him has influenced his behaviour.

A behaviourist should be seen so the dog can be helped: by this I mean advice to manage and * possibly* improve the aggression towards other dogs.

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