Notice is hereby given that the Rural City of Benalla at its Council Meeting held on 23 February 2022, resolved to make the following orders under Section 25 and Section 26(2) of the Domestic Animals Act 1994 (“the Act”).
Pursuant to Section 25 of the Act, cats within the municipality are to be securely confined to the owner’s property, or the property where they are kept for the time being, at all times.
Control of Dogs
Pursuant to Section 26 of the Act, dogs and cats within the municipality must be kept under effective control by means of a chain, cord, or leash, not exceeding 3 metres in length, held by the owner and attached to the animal whilst the animal is in a reserve or public place.
Owners Obligations: A dog may be exercised off leash in a Designated area if the owner:
- carries a chain, cord, or leash, not exceeding 3 metres in length, sufficient to bring the dog under effective control if the dog behaves in a manner which may worry, threaten or harass any person or animal, and
- remains in effective control of the dog by voice and/or hand command to promptly bring the dog under control by chain, cord, or leash if it becomes necessary, and
- does not allow the dog to worry, threaten or harass any person or animal.
Exceptions: If a dog is being exercised off leash in a Designated area, it must be brought under effective control of the owner by means of chain, cord, or leash if within:
- 30 metres of the principal location of an organised public meeting
- 30 metres of a permanent barbecue or picnic area when in use
- 10 metres of the perimeter of a playground
- 5 metres of a shared pathway.
Prohibited Areas: Areas where dogs and cats are not permitted at any time:
- Dogs and cats, restrained or otherwise, are prohibited within the perimeter of any playground at any time.
- Dogs and cats, restrained or otherwise, are not permitted within any prohibited area declared by Council.
Effective Control means that an owner of a dog or cat can immediately recall the animal by use of voice or hand control, keeps the animal within 50 metres of themselves in audio and visual range at all times and does not allow the animal to threaten, worry or harass another person or animal.
Designated Area means a reserve or other place that has been declared in a Council Order under Section 26(2) of the Act to be a place where dogs may be exercised off leash whilst under effective control.
Owner has the same meaning as in the Domestic Animals Act 1994.
Public Place has the same meaning as in the Summary Offences Act 1966 and includes all Council reserves and municipal places.
Review: Council may, by order of resolution and after giving public notice inviting submissions on the proposal:
- remove a reserve or part of a reserve; and/or
- add a reserve or part of a reserve to the list of designated reserves.
- Little Casey Island
- Big Casey Island (signed areas only)
- Psaltis Parade Reserve
- U.F.S. Sports Reserve (signed areas only)
- Willis Little Conservation and Resource zone