Fine For Dog Without A Tag

[prue]

Guys, please help me out...

I have a registered and microchipped dog who escaped from the backyard of a friends house (North Ryde, NSW) while he was looking after her.

My dog was picked up by the council ranger and I was contacted. I contacted my friend and she was picked up immediately and did not have to stay overnight.

My dog (Missa) normally wears her tag when she is out in public area but as she was inside the house at the time she was not wearing her tag. I have been told as the owner I will be fined as she was found without an ID tag (despite being microchipped and registered) and my friend will be fined for leaving her unattended.

I know you could get fined if your dog is not microchipped but I was not aware that you could get fined if your dog does not have a tag. Furthermore, I was not aware that you could get fined for leaving the dog unattended, if it ran away from home.

According to COMPANION ANIMALS ACT 1998 - SECT 12

(1) A dog must have a collar around its neck and there must be attached to the collar:

(a) a name tag that shows the name of the dog and the address or telephone number of the owner of the dog, and

(2) The owner of the dog is guilty of an offence if this section is not complied with.

(4) This section does not apply to a dog while it is on property of which the owner of the dog is the occupier or to a working dog.

I know that they have a case against me as she wasn't as my property and she wasn't wearing her tag. However, she is microchipped, surely it serves the ID purpose of a tag?

Is there anyway I can appeal for leniency for these fines? Its $360 all up and I really can't afford it.

Edited June 11, 2011 by prue

[melzawelza]

Hi there,

This is a tricky one. According to the Act (which you've copied and pasted) she does have to wear a collar and tag. My understanding is that this is when she is in a public place (the legislation can't make you put a collar on her on private property). The issue is that she's escaped and as such didn't have one on.

The CAA is a bastard and there are a lot of muddy areas. Personally I think getting you for the tag when the dog has escaped is a bit of a low thing to do. You could talk to them about the fact that she doesn't wear a collar/tag at home but you always put one on when you go for a walk, but since she escaped she wasn't wearing one. If that doesn't work you could appeal the fine in court a nd you may have a good chance of winning, but if not it'll cost you even more.

The other fine you would have received is a fine for 'not preventing escape' and theres no way you will be able to get out of that one, as she escaped and was picked up by the rangers. Sucks that they aren't a council that give a warning first time as a lot do, but theres nothing you can do really. Sorry to hear you got whacked with so much at once.

[Staranais]

That's a bit harsh. I mean, it's fair enough that they fine you for the dog escaping, but it seems a bit mean to also fine you for not having a tag on her when she was off the property (seeing as you didn't know or intend for the dog to be off the property).

But, I'm not sure if there's anything you can do except pay up.

[kelpiekaye]

I doupt you will get off, but you can only try. Maybe they will let you pay the fine off in instalments.

[aussielover]

Wow that seems harsh, although legally they are correct.

My work is also the local pound and we get plenty of dogs without tags and there is no extra fine- only an impound fee of $60 if the dog is brought in by rangers.

Persoanlly i think it is a ridiculous law- yes ideally the dog would wear a collar and tag with id, but if they have escaped and are lost- the collar may have come off etc.

I would just apolgise and explain the situation and then ask them if there was any way they would reconsider the fine for the collar/tag.

[HazyWal]

I think that is a ridiculous law.My dogs never wear a collar at home as my last dog got stuck by his collar under the house once when I was at work.I don't know how long he'd been stuck there so I've never collared my dogs at home since.I too thought microchipping was a permanent form of ID.Obviously I'm wrong.Sucks you got fined for that.

[Akay]

I think that is a ridiculous law.My dogs never wear a collar at home as my last dog got stuck by his collar under the house once when I was at work.I don't know how long he'd been stuck there so I've never collared my dogs at home since.I too thought microchipping was a permanent form of ID.Obviously I'm wrong.Sucks you got fined for that.

I agree, ridiculous. I never knew dogs had to have tags.... maybe it's time to update the act to get with the technology and state that dogs must have an identifier in the form of:

a) tag

b) microchip

c) embroided on collar etc etc

My dogs USED to have tags until the day the tag went through the gap on the seat of a chair from an outdoor setting and turned so it could not come back out and the dog was stuck. Wouldn't have been good if we weren't there, who knows what the dog would have done in fright (including trying to jump off the chair and potentially hanging itself). Now that I know the law I guess I could put a tag on for when we go out, but it doesn't help if they escape. That's why I think an amendment to the Act to get with the times is required.

[Guest Willow]

I think you'll just have to wear this one.

The council probably deal with enough people that dont ever comply with the rules, that it would be impossible to tell who is genuine ("my dog took fright & ran off, snagged it's collar which broke, and we've been out all night with torches looking for her") and who is a BS artist (tells above story but what they really mean is "collar? what collar? nah, me dog just gets turfed out the front gate to crap on the neighbours lawns & comes back at dinnertime if it hasn't got run over") that one rule now applies to everyone and in their eyes it's very black & white.

It seems harsh to you because you know the circumstances & reasons behind your dog not wearing a collar, however, if this was someone like the hypothetical person number two in the paragraph above, everyone would be applauding the council and saying how great it was that they are doing something about people who don't comply with the rules....they don;t know the difference between you and that person, so need to give out the same penalty for all.

ETA: not long after we got him, one of my dogs found a tiny hole in the fence we didn't even know was there and took off....thank dog my OH found him, otherwise we would have copped a fine too....so I do understand....these things happen to even careful & responsible dog owners, but the council have a job to do, and sometimes people who don't deserve it get caught up in the net, whilst other people seme to get away with it time & time again....

Edited June 12, 2011 by Willow

[Teebs]

I always knew it was a fine for it, but i rather my dogs have no collars at home and pay the fine if they get picked up over having them hang themselves via a collar.