What you should know
What is a Menacing Dog?
41A Declaration that a dog is a menacing dog
(1) A Council may declare a dog to be a menacing dog if—
- the dog has rushed at or chased a person; or
- the dog has been declared a menacing dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division.
What does rush at mean?
In relation to a dog, rush at means to approach a person to a distance of less than 3 meters in a menacing manner, displaying aggressive tendencies that may include snarling, growling and raised hackles;
Please remember, this interpretation originates by the person who the dog approached, not the handler or owner of the dog.
What are the exceptions to this rule?
(2) The Council must not make a declaration under Subsection (1)(a) if the incident occurred because:
(a) the dog was being teased, abused or assaulted; or
(b) the person was trespassing on the premises on which the dog was kept; or
(c) another person known to the dog was being attacked in front of the dog.
What must owners of menacing dogs do?
The owner of a menacing dog must notify the Council of the municipal district in which the dog is kept within 24 hours if—
(a) the dog rushes at or chases a person; or
(b) the dog is missing; or
(ba) the owner’s address changes; or
(bb) the place where the dog is kept changes; or
(c) the ownership of the dog changes.
Division 3A—Particular provisions for the control of menacing dogs
Restraint
The council will require you to muzzle your dog when outside of your premises. Every time you leave your front door your dog must be wearing an appropriate, securely fitted, safe muzzle. Not any muzzle will do.
The council requires your dog to be under effective control when ever it is outside of your premises. Just because the dog is on a leash does not mean that it is under effective control.
What are the penalties?
Owners of declared menacing dogs can be charged with a criminal offence under the Crimes Act 1958 if the dog endangers someone’s life and the maximum penalty is imprisonment.
Other penalties can be imposed on owners for failing to comply with the keeping requirements of menacing dogs.
Penalty: 10 penalty units.
One penalty unit is currently $192.31
Further information can be found at Owning a menacing dog | Dog attacks, dangerous and menacing dogs | Dogs | Animal Welfare Victoria | Livestock and animals | Agriculture Victoria