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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Obligations of Owner
55   Barking dogs




   55. Barking dogs---(1) Where a dog control officer or dog ranger has
 received a complaint and has reasonable grounds for believing that a
 nuisance is being created by the persistent and loud barking or howling
 of any dog, the dog control officer or dog ranger may---
   (a) Enter at any reasonable time upon the land or premises, other than
         a dwellinghouse, on which the dog is kept, to inspect the
         conditions under which the dog is kept; and
   (b) Whether or not the dog control officer or dog ranger makes such
         entry, give the owner of the dog a written notice requiring that
         person to make such reasonable provision on the property to
         abate the nuisance as shall be specified in the notice or, if
         considered necessary, to remove the dog from the land or
         premises.

   (2) Any person on whom notice is served under subsection (1) of this
 section may, within 7 days of the receipt of the notice, object in
 writing to the territorial authority against the requirements of that
 notice.

   (3) The territorial authority shall consider the objection and may
 confirm, modify, or cancel the notice.

   (4) No objection under this section shall be considered unless 7 days'
 notice of the date and time when and the place at which it is to be
 considered have been given to the objector, who shall be entitled to be
 represented and to be heard and may submit evidence and call witnesses
 in support of his or her objection.

   (5) Upon the determination of the objection, the territorial authority
 shall give to the objector a further notice stating the decision of the
 authority, and, if the effect of the decision is to modify the
 requirements of the dog control officer or dog ranger, shall set out
 those requirements as so modified.

   (6) As from the lodging of an objection with the territorial
 authority, and pending the receipt of a further notice upon the
 determination of the objection, the notice setting out the requirements
 that are the subject of the objection shall be deemed to be suspended.

   (7) Every person commits an offence and is liable on summary
 conviction to a fine not exceeding $1,500 who, having been served with a
 notice under this section,---
   (a) Fails or neglects to comply with that notice (not being a notice
         that as been suspended under subsection (6) of this section)
         within 7 days of its receipt by that person:
   (b) Fails or neglects to comply with any notice as modified or
         confirmed by a territorial authority under subsection (3) of
         this section within the time specified by the territorial
         authority.
     Cf. 1982, No. 42, s. 54
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