Control and destruction orders

Before a control or destruction order can be issued the council must give seven days written notice inviting the owner and all those responsible for the dog to explain why an order should not be made [s 52]. If an order is made, the council can give written directions on how orders are to be complied with [s 53].

Breaching an order is an offence unless the owner can prove that she or he was unaware the order had been made [s 55]. An authorised council officer may also seize, detain and destroy a dog, because orders have been contravened or to give effect to orders, see Seizure and destruction of dogs.

Destruction Order

The local council may make a Destruction Order if satisfied that the dog is unduly dangerous and the dog has attacked, harassed or chased a person or an animal or bird owned by a person in circumstances that would constitute an offence [see Dog and Cat Management Act 1995 (SA) s 51(a)]. See also, Dog attacks.

This order requires that the dog be destroyed within a specified period (not less than one month after the order takes effect), and that until destroyed the dog be kept or detained at a place specified in the order or approved by the council [s 50(2)].

Control (Dangerous Dog) Order

The local council may make a Control (Dangerous Dog) Order if satisfied that the dog is dangerous and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence (or is subject to an order of another jurisdiction that corresponds to a Control (Dangerous Dog) Order) [see Dog and Cat Management Act 1995 (SA) s 51(b)].

This order requires the dog [s 50(3)]:

  • be desexed within a specified period (if not already)
  • be microchipped within a specified period (if not already)
  • be kept indoors at the owner’s premises or within fencing of the premises to prevent the dog escaping
  • wear a collar that complies with the requirements of the Dog and Cat Management Board at all times, unless it would be injurious to its health
  • except while confined to the owner’s premises, have a muzzle securely fixed on its mouth to prevent it from biting and be under effective control by reason of physical restraint, and
  • the person responsible for the dog to undertake specified training courses

Warning signs (complying with the requirements of the Dog and Cat Management Board) must also be prominently displayed at all entrances to where the dog is usually kept.

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

If a dog subject to this order is seized and detained, it may be microchipped and desexed, with the cost recoverable from the owner as a debt due to the council [see ss 61(5) and (6)].

Control (Menacing Dog) Order

The local council may make a Control (Menacing Dog) Order if satisfied that the dog is menacing and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence (or is subject to an order of another jurisdiction that corresponds to a Control (Menacing Dog) Order) [see Dog and Cat Management Act 1995 (SA) s 51(c)].

This order requires the dog [s 50(4)]:

  • be microchipped within a specified period (if not already)
  • be kept indoors at the owner’s premises or within fencing of the premises to prevent the dog escaping
  • wear a collar that complies with the requirements of the Dog and Cat Management Board at all times, unless it would be injurious to its health
  • except while confined to the owner’s premises, have a muzzle securely fixed on its mouth to prevent it from biting and be under effective control by reason of physical restraint, and
  • the person responsible for the dog to undertake specified training courses

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

Control (Nuisance Dog) Order

The local council may make a Control (Menacing Dog) Order if satisfied that the dog is a nuisance and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence (or is subject to an order of another jurisdiction that corresponds to a Control (Nuisance Dog) Order) [see Dog and Cat Management Act 1995 (SA) s 51(c)].

This order requires the dog [s 50(5)]:

  • be kept indoors at the owner’s premises or within fencing of the premises to prevent the dog escaping
  • except while confined to the owner’s premises, be under effective control by reason of physical restraint, and
  • the person responsible for the dog to undertake specified training courses

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

Control (Barking Dog) Order

See Barking dogs

My dog has been made the subject of a destruction/control order. Can I appeal this decision?

When an order is made the council must give at least seven days written notice and invite the owner to make submissions opposing the order. Written reasons should be given for the order. If the council does not give reasons in writing at the time of its decision you may request it to do so within 14 days [s 58(3)]. A person who disputes an order may apply to the Administrative and Disciplinary Division of the District Court [s 58(1)]. Appeals must be lodged within fourteen days of the order being made or of the written reasons being given [s 58 (4)]. Any decision made by the council will be suspended awaiting the results of the appeal [s 58(6)].

Control and destruction orders  :  Last Revised: Tue Jun 27th 2017
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