Dog Control Order No 6

At its meeting on 28 March 2023, Monash City Council resolved to make Dog Control Order Number 6 pursuant to section 26(2) of the Domestic Animals Act 1994.

1. Revocation

(1) On 1 July 2023, all previous Orders made by Council pursuant to section 26 of the Domestic Animals Act 1994 are revoked.

2. Commencement

(1) This Order commences on 1 July 2023.

3. Dogs must be under effective control

(1) The Owner of any dog must keep the dog under effective control by means of a chain, cord, or leash (not exceeding 1.5 metres in length) held by the Owner and attached to the dog while the dog is in a Public Place except where that Public Place is a Designated Reserve.

(2) Sub-clause (1) does not apply where a chain, cord or leash attached to the dog is securely fastened to a post or other fixture and the dog remains under sight or voice control by the owner.

4. Prohibited Areas

(1) A dog must not enter or remain in any Prohibited Area.

(2) The prohibition under sub-clause (1) applies in a Prohibited Area regardless of whether or not the dog is on a chain, cord or leash.

5. Owner’s obligations in a Designated Reserve

(1) A dog may be exercised without a chain, cord or leash attached to the dog in a Designated Reserve if the Owner:

(a) carries a chain, cord or leash not exceeding 1.5 metres in length;

(b) brings the dog under effective control by means of a chain, cord, or leash (not exceeding 1.5 metres in length) held by the Owner and attached to the dog if the dog behaves in a manner which threatens any person or animal;

(c) remains in effective voice or hand control of the dog and within constant sight of the dog to be able to prevent the dog wandering out of effective control, any threatening behaviour, any attack or bite by the dog; and

(d) does not allow the dog to worry, threaten, bite or attack any person or animal.

(2) If a dog is off a chain, cord or leash in a Designated Reserve it must be brought under effective control by means of a chain, cord or leash (not exceeding 1.5 metres in length) held by the Owner and attached to the dog, if the dog is within 20 metres of:

(a) an arena or ground whilst being used for an organised sporting or practice event;

(b) a children’s play equipment area that is being used;

(c) the location of an organised public meeting; and

(d) a barbeque or picnic area that is being used.

(3) If a dog is being exercised without a chain, cord or leash attached to the dog in a Designated Reserve, the dog must be brought under effective control by means of a chain, cord or leash (not exceeding 1.5 metres in length) held by the Owner and attached to the dog if the dog is within 10 metres either side of a Major Shared Trail.

6. Owners must be equipped to remove dog faeces

(1) If a dog is in a Public Place, the Owner of the dog must carry a bag, receptacle or other means of picking up and removing from the Public Place the dog’s faeces.

7. Meaning of words

In this Order:

Designated Reserve means any reserve specified in the Schedule of this Order.

Owner has the same meaning as in the Domestic Animals Act 1994.

Major Shared Trail means sealed trails commonly used for walking, running, recreational and commuter cycling and includes trails identified by Transport Victoria as being part of a primary and main Strategic Cycling Corridor (SCC) route.

Prohibited Area means:

(a) the turf pitch and the area surrounding the turf pitch at Jack Edwards Reserve between the period two hours prior to the start time of a National Premier League Victoria game and the conclusion of that game;

(b) the turf pitch at Jack Edwards Reserve when the pitch is being used for scheduled training or during a game that is not a National Premier League Victoria game;

(c) the synthetic pitch at Jack Edwards Reserve;

(d) the area surrounding the synthetic pitch at Jack Edwards Reserve (designated by the low level fence) when the pitch is being used for scheduled games or training; 

(e) the synthetic pitch at Ashwood Reserve;

(f) the turf pitch at Holmesglen Reserve;

(g) the baseball diamonds 1 and 2 at Napier Reserve;

(h) the synthetic pitch at Gardiners Reserve;

(i) the southern-most turf pitch at Gardiners Reserve;

(j) the area surrounding the southern-most turf pitch at Gardiners Reserve between the period two hours prior to the start time of a National Premier League Victoria game and the conclusion of that game; and

(k) Mulgrave Reserve Wetlands.

Public Place has the same meaning given to it in the Summary Offences Act 1966.

SCHEDULE

Designated Reserves

1. Electra Reserve, Ashwood

2. Federal Reserve, Mount Waverley

3. Tally Ho Reserve, Mount Waverley

4. Glen Waverley North Reserve, Glen Waverley

5. Capital Reserve, Glen Waverley

6. Hinkler Reserve, Glen Waverley

7. Bogong Reserve, Glen Waverley

8. Mount Waverley Linear Reserve (Heany Street and Beverley Grove Reserves), Mount Waverley

9. Scotchmans Run Reserve, Oakleigh

10. Powerlines Area, being the public open space between Pamela Street to Smyth Street and the public open space east of Smyth Street, Mount Waverley (not including Smyth Street)

11. Powerlines Area, Bristol Court to Ivanhoe Street, Glen Waverley

12. Whites Lane Retarding Basin (the area west of tennis courts in Whites Lane Reserve), Glen Waverley

13. Hertford Crescent Reserve, Wheelers Hill

14. Gladeswood Reserve, Mulgrave

15. Freeway Reserve, Mulgrave

16. Columbia Park Reserve, Wheelers Hill

17. Carlson Reserve, Clayton

18. Princes Highway Reserve, Oakleigh East

19. Jack Edwards Reserve (other than the areas designated as a Prohibited Area), Oakleigh

20. Argyle Reserve, Hughesdale

21. Southern Reserve, Mulgrave

22. a. Damper Creek Conservation Reserve (Part), Mount Waverley – being the area west of walking track that runs north to south from Warren Court to level with a line extending east from Quaintance Street and the boundary of Damper Creek Conservation Reserve. See figure below.

b. Damper Creek Conservation Reserve (Part), Mount Waverley – being the area to the north being a line extending west from the northern-most point of Norman Court to Park Road, to the west being Park Road, to the east being Norman Court and to the south being the intersection of Norman Court and Park Road. See figure below.

23. Lum Reserve (excluding the bushland area), Wheelers Hill

24. Holmesglen/Ashwood/Jingella Reserves (part – turf fields other than the areas designated as Prohibited Areas), Ashwood

25. Caloola Reserve (sportsgrounds), Oakleigh

26. Mulgrave Reserve (part – west and central sportsgrounds other than the areas designated as Prohibited Areas), Wheelers Hill

27. Dick Mason Reserve (southern field at Napier Reserve other than the areas designated as Prohibited Areas), Glen Waverley

28. Gardiners Reserve (other than the areas designated as Prohibited Areas), Burwood

29. Mount Waverley Reserve, Mount Waverley

30. Batesford Reserve, Chadstone

31. Glen Waverley Sport Hub South (part – south of car park adjacent golf course), Glen Waverley

32. Larpent Reserve, Glen Waverley

33. Highview Park, Glen Waverley

34. Jordan Reserve, Chadstone

35. Mayfield Park, Mount Waverley

36. Brandon Park Reserve, Glen Waverley

37. Jells Road Reserve (area east of tennis courts and west of Jells Road aka Sunnybrook Drive Reserve East), Wheelers Hill

38. Wellington Reserve, Mulgrave

39. Whitehaven Crescent Reserve, Mulgrave

40. Fregon Reserve (part – turf pitch), Clayton

41. Davies Reserve, Oakleigh South

42. Bowman Street Reserve, Mount Waverley

43. Finch Street Reserve, Notting Hill

44. F E Hunt Reserve, Oakleigh East

45. Powerlines Area – Legana Street to Toombah Street, Mount Waverley 

DR ANDI DIAMOND

CHIEF EXECUTIVE OFFICER