minxy Posted July 2, 2011 Share Posted July 2, 2011 I think I already know the answer to this, but wanted to see what people knew about it before I go ringing council etc. So OH and I have started a new walking route with Kyojin near our house. We have noticed that there is a large dog tethered on a chain out the front of his house, blocking access to the front door. We haven't walked past just the two of us, so I can't be certain whether it is Kyojin that bothers him in particular, or whether anyone coming near his house is upsetting him, but his behaviour when we walk down the street is extremely aggressive. I can't see any reason for him to be there other than to prevent anyone from going near the house as his owners quite clearly have a well fenced backyard that they choose not to leave him in. I'm worried about the safety of anyone walking past his house. He is on a fairly long chain and if he somehow breaks free (I don't remember what kind of collar was around his neck) I'd be concerned that he would attack someone/something. I'm assuming this isn't legal, but does anyone know? I would need to walk past again to get address details before I make any calls etc. Link to comment Share on other sites More sharing options...
persephone Posted July 2, 2011 Share Posted July 2, 2011 I can't see any reason it wouldn't be legal ? the dog is contained ...and on its own property .... Link to comment Share on other sites More sharing options...
minxy Posted July 2, 2011 Author Share Posted July 2, 2011 Isn't it illegal though to block access to your front door?? I wouldn't have thought that counts as being contained Link to comment Share on other sites More sharing options...
Pretty Miss Emma Posted July 2, 2011 Share Posted July 2, 2011 It's not illegal to tether a dog down here in Vic so long as it meets the standards (access to shelter, food and wate; tether must be ?m long; there may be a requirement that it can't get tangles) - this may have been changed recently, if not I know that it is an aspect that is being investigated to change. So if those requirements aren't being met then it may be illegal (check out the code of practice with the state government agency responsible for animals - here it is DPI). I think also that you may be correct that you can't block reasonable access to the property. So if they had a doorbell/intercom at the edge of the property so that people did not have to deal with the dog then maybe that would be a loophole. I think that one is either dealt with in the code of practice or it would be in your councils local bylaws if you wanted to look it up. Link to comment Share on other sites More sharing options...
persephone Posted July 2, 2011 Share Posted July 2, 2011 (edited) I dare say the dog moves .. it is not 100% confined to the small area of the front door? IMO, it is up to the folks who need to access the place to make a report if they want to . There may be a myriad of reasons why they don't want the dog in the backyard . if he somehow breaks free (I don't remember what kind of collar was around his neck) I'd be concerned that he would attack someone/something. maybe.......or maybe he is like a lot of dogs who are confined in some way ... very very vocal and showy ... until they are free - then it evaporates ;) We have one boy who is on a chain, and when he sees my goat, he will salivate and bark and growl and lunge .... he looks amazing!When he's off the chain ? No attempt is made to attack ,or anything. Edited July 2, 2011 by persephone Link to comment Share on other sites More sharing options...
Marion 01 Posted July 2, 2011 Share Posted July 2, 2011 Minxy, Is the front of the house fenced where he is chained, or just the back section of the yard ? He may even be protecting himself if he feels threatened by being tethered, if there is no fence there he would be quite vulnerable to attack himself. Link to comment Share on other sites More sharing options...
minxy Posted July 2, 2011 Author Share Posted July 2, 2011 No, only the back yard is fenced. He's tethered out in the open and can get relatively close to the nature strip. Link to comment Share on other sites More sharing options...
Malamum Posted July 2, 2011 Share Posted July 2, 2011 Isn't it illegal though to block access to your front door?? I wouldn't have thought that counts as being contained I'm not sure why it would be illegal. I sometimes tether our dogs on our front veranda. Admittedly I only do this when we are home and the front door is open so I know exactly what's going on out there at all times but it still blocks access to the front door. Link to comment Share on other sites More sharing options...
blitz3 Posted July 2, 2011 Share Posted July 2, 2011 i don't know about aussie but here in nz thats against council by laws Link to comment Share on other sites More sharing options...
White Shepherd mom Posted July 2, 2011 Share Posted July 2, 2011 he might only be tethered out front at a certain time of day. Perhaps he's put there for a change of scenery after spending a lot of time in the back yard. If you are concerned that he gets too close, perhaps walk on the other side of the road. Apart from that, I don't think it is illegal but I am just guessing. Link to comment Share on other sites More sharing options...
Guest Willow Posted July 2, 2011 Share Posted July 2, 2011 It's illegal in WA to use tethering as means of containing a dog on a property. Link to comment Share on other sites More sharing options...
persephone Posted July 2, 2011 Share Posted July 2, 2011 It is probably a matter of just looking up the bylaws on your council website .... Link to comment Share on other sites More sharing options...
Mystiqview Posted July 2, 2011 Share Posted July 2, 2011 It is no different to some properties having an electic gate at the front of their property, padlocked gates or any other means of preventing "free access" to the front door. Depending on the fencing of the yard, it may be in breach of a local law of adequate fencing - especially if there is not "adequate" fencing to contain the dog. If there is adequate fencing, then there is no real reason to say it is not illegal (so long as food, water and shelter is provided). Link to comment Share on other sites More sharing options...
OSoSwift Posted July 2, 2011 Share Posted July 2, 2011 It's illegal in WA to use tethering as means of containing a dog on a property. Really, never heard of that and I know of lots of people that use tethering to keep their dogs on their property, even though they are fenced. Link to comment Share on other sites More sharing options...
minxy Posted July 2, 2011 Author Share Posted July 2, 2011 It is no different to some properties having an electic gate at the front of their property, padlocked gates or any other means of preventing "free access" to the front door. Depending on the fencing of the yard, it may be in breach of a local law of adequate fencing - especially if there is not "adequate" fencing to contain the dog. If there is adequate fencing, then there is no real reason to say it is not illegal (so long as food, water and shelter is provided). No, the dog is not fenced in at all. That's the problem I have with it. He is free to lunge and snap at anyone who walks past. I don't believe he had food, shelter or water either so I'll be checking that out tomorrow. Link to comment Share on other sites More sharing options...
Guest Willow Posted July 2, 2011 Share Posted July 2, 2011 It's illegal in WA to use tethering as means of containing a dog on a property. Really, never heard of that and I know of lots of people that use tethering to keep their dogs on their property, even though they are fenced. My apologies....it appears it may not be state-wide, but it applies to our shire....perhaps it aaplies in other shires within WA too? This is an extract from Gingin Shire Local Dog Laws (2004) PART 3 - REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must - (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; © ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises.(2) Where an occupier fails to comply with subclause Link to comment Share on other sites More sharing options...
Danois Posted July 2, 2011 Share Posted July 2, 2011 I don't interpret that to mean it is illegal to tether your dog on your property. I interpret it to mean that if you have a dog then you must have some sort of containment system in place. Link to comment Share on other sites More sharing options...
Guest Willow Posted July 2, 2011 Share Posted July 2, 2011 I don't interpret that to mean it is illegal to tether your dog on your property. I interpret it to mean that if you have a dog then you must have some sort of containment system in place. Yes, containment other than tethering.... Link to comment Share on other sites More sharing options...
persephone Posted July 2, 2011 Share Posted July 2, 2011 No, the dog is not fenced in at all. That's the problem I have with it. He is free to lunge and snap at anyone who walks past. so, it isn't really the fact of the legalities concerning you - rather the worry that someone may be bitten? Link to comment Share on other sites More sharing options...
minxy Posted July 2, 2011 Author Share Posted July 2, 2011 No, the dog is not fenced in at all. That's the problem I have with it. He is free to lunge and snap at anyone who walks past. so, it isn't really the fact of the legalities concerning you - rather the worry that someone may be bitten? Yea, I'm not just trying to be a party pooper. The dog's behaviour really is quite vicious (scared the bajeezus out of me when he first came lunging towards me as I didn't even see the chain at first and thought he was free) and I don't believe there is anything really stopping him from seriously hurting someone. My concern with it being legal is whether something can be done about it, or at least looked into why an aggressive dog is being chained across the front of its property reasonably close to the footpath when there seems to be no reason for it to not be secured in the backyard. Link to comment Share on other sites More sharing options...
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