Regulations

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Monash Domestic Animal Management Plan 2013-2017 ( 1,063 kb)

Restrictions on the Number of Animals

A Council Local Law limits the number of animals permitted to be kept on properties in Monash *.

Animal Limit
Dogs 2
Cats 3
Poultry (No roosters) 5
Pigeons 10
Racing Pigeons 60
Rabbits 5
Guinea Pigs 8
Mice 8

An application form to keep extra animals can be obtained from Council.

Applications forms and permits

* Suburbs - Ashwood, Burwood, Chadstone, Clayton, Glen Waverley, Hughesdale, Huntingdale, Mount Waverley, Mulgrave, Notting Hill, Oakleigh and Wheelers Hill.

Infringement Notices

Infringement Notices may be issued to the owner of a dog or cat found to be committing an offence prescribed in the Domestic Animals Act or under Council's General Provisions Local Law No 3.

Offence Type Penalty
Registered dog or cat not wearing Council identification marker outside premises $72
Dog or cat creating a nuisance $72
Failure to collect and properly dispose of any excrement deposited by an animal $200
Dog at large or not securely confined to owner's premises during daytime $217
Dog at large or not securely confined to owner's premises during night time $289
Failure to apply to register a dog or cat $289
Minor* dog attack $361

* More serious attacks are taken to court where a Magistrate can impose heavy penalties as well as ordering dogs that have attacked be destroyed.

An appeal in relation to an Animal Infringement Notice must be in writing and must be lodged within 28 days of the date of issue of the notice. It should be sent to:

Coordinator - Local Laws
City of Monash
PO Box 1
GLEN WAVERLEY VIC 3150

Alternatively, a person receiving an Animal Infringement Notice may advise Council that they do not want to have the matter dealt with by Infringement Notice, and may request that it be dealt with by the Magistrates' Court.

For more information please call 9518 3555.

Animal Noise

Complaints about neighbours' nuisance animals must be put in writing to Council.

Council can then send out log sheets to be completed by the complainant. This helps the ranger to determine a pattern and find the best solution to the nuisance.

If the nuisance continues, Council can take further action if other residents support your claims. Alternatively, civil action can be brought against the owners of the animal.

Barking dogs

It is not normal for dogs to bark constantly. It usually means the dog is bored, lonely, anxious or frustrated.

Neighbours have the right to complain to Council if your dog barks repeatedly or if it frequently disturbs the enjoyment of their home amenity or peaceful night's sleep. Council encourages neighbours to try to resolve the problem by negotiation before making a formal complaint.

Neighbours who do lodge a formal complaint about the barking of your dog will be asked to keep a diary recording the frequency and time of the barking.

If, after reviewing the information, the Council regards the dog's behaviour to be unreasonable, the owner may be requested to take steps to minimise the problem, receive an infringement notice or face prosecution. In this instance, the complainant will be required to give evidence in Court.

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Dealing with a barking dog (57 Kb).

A resource kit for the information and assistance of both the owners of dogs that bark persistently and persons adversely affected by the barking.

Cruelty to Animals

Under the Prevention of Cruelty to Animals Act 1986, people found guilty of an act of cruelty to an animal can face heavy fines or imprisonment.

If you believe a person is being cruel to an animal, please contact the RSPCA immediately by calling 9224 2222.

RSPCA have appropriately qualified, and authorised, officers to deal with animal cruelty matters.

Dangerous Dogs/ Dogs Attacks

A dog can be declared dangerous by Council if it causes serious injury in an attack on a person or animal.

If your dog attacks someone outside your property, you are legally and financially responsible for all damages (plus your dog could be destroyed or declared dangerous).

Dogs that are declared dangerous in the City of Monash are required to be:
  • confined in a child-proof enclosure
  • muzzled and under effective control
  • on leash at all times while off the owner's property
  • identified by a special collar and warning signs at the owner's premises

A dog can also be declared a 'menacing dog' if it has rushed at or chased a person without provocation.

(A dog is unlikely to be declared dangerous or menacing if it was being teased, abused or assaulted, the victim was trespassing or someone known to the dog was being attacked by the victim.)

Restricted Dog Breeds

Monash residents who own restricted dog breeds should have had their dogs desexed or they face the prospect of the pets being seized and destroyed.

Council officers have the power to seize and put down any of the restricted breeds they find that have not been registered.

The Domestic Animals Act 1994 applies specific control to the keeping of Restricted Breed Dogs which are defined as the following breeds:
  • American Pit Bull Terrier
  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino
  • Fila Brasilero
  • Presa Canario

A dog that falls within an approved standard for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed.

You are required to inform Council if your dog is a "RESTRICTED BREED DOG". Failure to declare the breed of your dog if it is one of the restricted breeds above may result in a fine of up to $1,170.00 or prosecution in the Magistrates Court.

Division 3 of the Domestic Animals Act 1994 outlines particular provisions for the control of dangerous dogs. If Council declares a dog to be dangerous, it must be appropriately identified and restrained and your premises must have warning signs displayed complying with the regulations.

Restricted breed dogs are not eligible for the concession or reduced rate. Maximum fee applies.

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Last updated: 27 September 2013

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