An $806 fine handed to a woman who had a pinned her pet’s leash underfoot has revealed the intricacies of Queensland’s new laws about effective control dog laws.
Robyn Watkins, the owner of Witt and What, at Moffat Beach, said she was sitting outside her shop with her dog Violet’s leash under her foot when council officers told her she had to hold it by hand.
“I was sitting outside the shop – it’s still part of the shop premises – and they drove past, and then 10 minutes later they came back on foot and they were basically telling me that having your lead under foot is not having your dog secure and you’re liable for a fine,” she said.
“I had to go – a lady was in the shop. They said, ‘We’ll talk to our superiors about it’.”
Ms Watkins was surprised the council would consider Violet, a deaf, eight-year-old cattle dog, not under effective control when she was on a leash that was not going anywhere.
“I thought about it that night. I was sitting on private property, she was sitting by my feet, half asleep. I thought, I’m going to contact them and ask to speak to the superior.”
Ms Watkins said she contacted the council and had a conversation with a manager in which she became distressed. The call was terminated and she received a fine in the mail.
She said she had never heard of owners having to hold a leash by hand by law.
In July, the Queensland Government introduced tough new dog control laws and increased the fine for not having a dog under effective control in a public place from $322 to $806.
The changes to the Animal Management Act (Cats and Dogs) 2008 also included introducing a requirement for a person to be holding the dog by a leash, lead or other restraining device.
The Sunshine Coast Council has issued six fines and 42 warnings under the new legislation.
A council spokesperson said that due to privacy legislation, no specific comment could be made in relation to the matter.
The spokesperson said all dog owners must familiarise themselves with the state and local government requirements regarding animal management, including where dogs may be exercised off-leash, where dogs are prohibited and where they must be on a lead at all times.
“Council has undertaken an extensive community education campaign since the new state government laws came into effect,” the spokesperson said.
“During this campaign infringements were only issued where previous education had been provided.”
Ms Watkins said she did not think much of the education campaign.
“Where’s the education?” she said, saying information on the changes should have been provided on registration notices or rates notices.
She said she would fight the matter in court, saying times were tough enough in small business.
The council spokesperson said the organisation took a strong stance in relation to responsible animal ownership.
“We undertake regular patrols of beaches, parks, reserves and other Council controlled land to identify breaches of state and local laws and to take action to resolve those breaches in line with Council policy and our community’s expectations.”
Under Section 92 of the Animal Management Act (Cats and Dogs) 2008, a person is considered to have a dog under effective control:
- In a public off-leash area, if they can supervise and control the dog with voice commands.
- In a public place, if they can physically control the dog, and are either holding the dog on leash, lead or other restraining device; have the dog securely tethered and under supervision at all times; or have the dog in an appropriate enclosure under continuous supervision.
- It is tethered or contained in a vehicle so it can move no part of its body beyond the vehicle.
- If it is participating in a exhibition, obedience trial or race.
- If it is a government or security dog performing the functions of that class of dog.
- If it is a working dog performing the function of a working dog.
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