Wandering Dogs Procedure

May 2015

TheWandering Dog:Standard Operating ProcedurehasbeenpreparedbytheLocalGovernmentAssociationofSA(LGA)inconjunctionwith consultant StarrSolutions fortheguidanceof,anduseby,memberCouncils.TheLGAisthestatutorypeakbodyforLocalGovernmentinSouthAustralia,representingall68CouncilsintheState.

The document was produced with assistance from the Local Government Research and Development Fund and was:

  • developed in 2009
  • revised and updated in February 2015.

Enquiriesregardingthispublicationshouldbedirectedtothe LGA on 08 8224 2000.
1 Purpose and Scope

Dogs found roaming in the community are detained in the interest of public safety and the welfare of the animal. This procedure starts with a reported sighting of a dog“wandering at large” and covers appropriate actions up to a decision to impound the dog and transfer it to an authorised detention facility. A separate procedure exists for Seizing and Impounding a Dog.

(NB In many Councils an alternative procedure will be in place for after hours action)

Its purpose is to ensure the consistent and accurate application of relevant legislation, Council Policy and Dog & Cat Management Board Guidelines.

1.1Responsibility

This procedure applies to persons with valid authorisation under the Dog and Cat Management Act1995 (see 2 Relevant Documentation) and associated administrative staff. Only Authorised Persons can detain a dog.

Officers are required to act reasonably and transparently, demonstrate good customer service, undertake their responsibilities in a proficient manner and use their judgement where necessary to ensure an outcome in line with legal requirements andCouncil’s Enforcement Policy.

1.2Legislation & Policy

Dog and Cat Management Act 1995(DCM Act)

  • Section 5 – Owner of dog
  • Section 6 – Person responsible for control of dog
  • Section 7 – Dog wandering at large
  • Section 30 – General powers of Dog Management Officers
  • Section 60 – Power to seize and detain dogs
  • Section 61 – Procedure following seizure of a dog

Dog and Cat Management Regulations 1995

Local Government Act 1999

  • Section 125 –Internal Control Policies

(Council’s) Enforcement Policy

1.3Definitions

The definitions contained herein are not exhaustive and officers may need to consider the relevant legislation for further applicable definitions.

A dog wandering at largeis defined in section 7of the DCM Act. Certain exceptions apply. If a dog is found on private property it may be necessary to establish whether it is there with the permission of the owner of the property.

Owner of dog: has the same meaning as in section 5 of the DCM Act.

Person responsible for control of dog: has the same meaning as in section 6 of the DCM Act.

Calculation of time: When calculating the 72 hour statutory period, displaying the notice is the action that initiates the statutory period. Commence counting from the next whole hour after the notice has been displayed and then 72 whole hours. (eg. If a notice is displayed at 9.15am on a Tuesday start counting from 10am. In this example the 72 hours would conclude at 10am on Friday.) See also General Notes below.

NB: Where the calculation ends on a week-end or public holiday, the end time should be moved forward to the next available working day. [See the Acts Interpretation Act 1915 ]

1.4General Notes

In this Operating Procedure, a reference to an owner of a dog includes a reference to a person responsible for control of a dog.

Impounding a dog: Where it is possible, ensuring that the dog is returned to a safe environment or registered owner is preferable to impounding the animal. However, officers should not automatically return a dog which has been involved in a serious attack.

Holding time: Contacting Council to retrieve a lost dog can be more difficult after hours, on weekends and public holidays. It is advisable to ensure that impounded dogs are kept secure for a reasonable period, regardless of legislative prescriptions.

Dangerous Dog Collars: Council officers, including customer service staff who may receive calls about wandering dogs should be alert to the existence of yellow and red striped collars worn by dogs which have been determined to be dangerous and require special handling.

2.Relevant Documentation

Best Practice Procedures for Appointing Authorised Persons (See

3.Record Management

All documents, notes, photographs and correspondence must be retained and stored in accordance with Council’s Records Management protocolsas required by section 125 of the Local Government Act 1999.

4.Procedure

4.1Attend the reported location

When notified about a wandering dog proceed to the location where the dog was last sighted as soon as practicable.

If the dog is not found, patrol the immediate area and surrounding streets. If very near a Council boundary, consider advising the adjoining Council. If the dog cannot be located take no further action.

Note the actions taken and complete the job log.

4.2Wandering dog found

If the dog is located assess the dog’s behaviour to ascertain whether back-up is required to assist with the capture of the dog.

Take a photograph of the dog for evidentiary purposes.

If back-up is required, don’t attempt to approach the dog until back-up has arrived unless there is an immediate threat. Keep the dog in sight. Take all safety precautions to protect the public and yourself.

Use the appropriate and various techniques to contain a dog(See Safe operating procedure: handling and capture of stray animals AttachmentA)

If the dog appears to be aggressive and cannot be contained contact the Police for assistance. If required a veterinarian may be contacted in order to obtain sedation for the dog.

4.3Take reasonable steps to establish ownership

Search for any identification or microchip. Refer to Using a microchip scanner(Attachment B). Where a microchip is identified contact the appropriate register. Use to locate the register if necessary.

Check Council’s register of lost dogs. If the dog was found near a Council boundary, check with the neighbouring Council(s).

If the owner is identified, attempt to contact. Where possible arrange to return the dog and ensure the yard is secure. Explain that an expiation notice may be issued in relation to the wandering at large incident.

Note the actions taken and complete the job log.

If no identification is found or no contact with the owner can be made, transport the dog for impounding.

Follow the Seizing and Impounding a Dog Procedure,

4.4Notification of detention

4.4.1Public Notification

Section 61(2) and (3) of DCM Actrequires that notice be given to the public for all dogs detained. This can only be achieved by completing a Public Notice of Detention of Dog (Form 23 on the DCMB secure website for Councils) and displaying it in a public place “at the office of the Council”. The notice must be on display for at least 72 hours.

Ensure a copy of the notice is retained for Council records.

4.4.2Notification to owner

If the address of the dog is known but the owner is not able to be contactedcomplete and deliver

  • a Notice to Owner of Detention of Dog (Form 24on the DCMB secure website for Councils) advising that the dog has been impounded
  • a calling card explaining the circumstances
  • an advice sheet about Requirements to Collect an Impounded Dog(Attachment C)

This should be done as soon as possible and must be done within 24 hours

4.4.3Other

If proof of ownership is not established follow Council procedure to place the dog on the lost and found dog register.

The requirement of public notification does not prevent Council from taking other steps to reunite a dog and its owner. Check

and similar sites. Publish a photograph and description of the dog on Council’s website and other outlets such as Facebook.

4.5Follow up

Depending on the circumstances take appropriate action, such as issuing a warning or issuing an expiation notice or investigating an unregistered dog.

See Expiating OffencesProcedure

5.Monitoring and Review of Procedure

This procedure was endorsed by ______to take effect on ______

Thereafter it will be reviewed annually. The next date of review is______

6.Attachments

Attachment A / Safe operating procedure: handling and capture of stray animals
AttachmentB / Using a microchip scanner
Attachment C / Requirements to collect an impounded dog

Best Practice Notes

  • All Councils should adopt an Enforcement Policy to provide officers with a framework within which to make decisions and exercise judgement
  • Ensure that officers are easily recognised, wear badges and display valid authorisations
  • A records management protocol should ensure that all actions taken by officers are stored and that appropriate history is available to officers (e.g. by property, registered dog)
  • Taking photographs to record events can reduce disputation. A procedure for storing photographs should be included in the above protocol
  • Officers who enforce statutory provisions can benefit from customised Customer Service training
  • Service standards provide officers with realistic timeframes within which to respond and complete tasks
  • Transparency to the public can be enhanced by publishing service standards, policies and standard operating procedures
  • Owners may be distressed over the disappearance of their dog and contact should be made as soon as possible
  • Pound times vary as do the conditions which must be met before collection, so a guide sheet for owners will help to ensure that consistent information is provided
  • Fines under the DCMAct can be expensive. Council may have a policy with criteria to consider requests for leniency on the basis of hardship
  • Available hardship provisions should be explained to owners who may not be able to afford to retrieve the dog.
  • All Council staff should be encouraged to report sightings of wandering dogs

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Wandering Dogs Procedure

May 2015