70. Custody of dog removed for barking---(1) Every dog removed under
 section 56 of this Act shall be kept in custody and given proper care
 and exercise, whether in the facilities provided under section 67 of
 this Act or otherwise but, except as provided in subsection (6) of this
 section, nothing in section 69 of this Act shall apply to the dog.

   (2) The owner of any dog which is, for the time being, kept in custody
 under subsection (1) of this section may apply at any time to the
 territorial authority for the return of the dog.

   (3) Where application is made under subsection (2) of this section and
 the territorial authority is satisfied the return of the dog will not
 result in a resumption of the nuisance, the territorial authority shall,
 subject to subsection (6) of this section, return the dog.

   (4) Any person who has sought the return of a dog under subsection (2)
 of this section and is dissatisfied with the decision of the territorial
 authority may appeal to a District Court against that decision, and the
 District Court, in hearing the appeal, shall consider the matters
 specified in subsection (3) of this section and any submission by the
 territorial authority in support of its decision and may uphold that
 decision or order the return of the dog.

   (5) Subject to subsection (6) of this section, unless a dog is earlier
 returned pursuant to subsection (3) or subsection (4) of this section,
 the territorial authority shall keep the dog in custody until such time
 as it is satisfied---
   (a) That proper provision in relation to the dog has been made on the
         property specified in the notice issued under section 55 of this
         Act; or
   (b) That the owner has made arrangements for the dog to be kept on a
         property other than the property from which it was removed.

   (6) Where the territorial authority has, under section 68 (1) (b) of
 this Act, set fees for the sustenance of impounded dogs, the territorial
 authority may apply those fees to the sustenance of any dog kept in
 custody under this section and may require the payment of those fees
 before any dog is returned under subsection (3) or subsection (5) of
 this section or, unless the District Court orders otherwise, subsection
 (4) of this section.

   (7) In any case where---
   (a) The notice under section 55 of this Act has not been complied with
         within 7 days of a conviction under subsection (7) of that
         section; or
   (b) The territorial authority requires fees under subsection (6) of
         this section to be paid before any dog is returned, and those
         fees have not been paid within 7 days of the receipt by the
         owner of written notice that the dog will be returned upon
         payment of those fees,---
 the territorial authority may dispose of the dog in the manner
 authorised by section 69 of this Act, and subsections (4) to (6) of that
 section shall apply as if the dog had been disposed of under that
 section.