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ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SECT 89
Power to make declaration
89 Power to make declaration
(1) Any local government may, by complying with the requirements of this
part— (a) declare a particular dog to be a declared dangerous dog (a
"dangerous dog declaration" ); or
(b) declare a particular dog to be a
declared menacing dog (a
"menacing dog declaration" ).
(2) A dangerous dog declaration may be made for
a dog only if the dog— (a) has seriously attacked, or acted in a way that
caused fear to, a person or another animal; or
(b) may, in the opinion of an
authorised person having regard to the way the dog has behaved towards a
person or another animal, seriously attack, or act in a way that causes fear
to, the person or animal.
(3) A menacing dog declaration may be made for a
dog only if a ground mentioned in subsection (2) exists for the dog, except
that the attack was not serious.
(4) The declaration may be made even if the
dog is not in the local government’s area.
(5) A declaration under this
section is a
"regulated dog declaration" .
(6) In this section—
"animal" has the meaning given by section 191 .
"seriously attack" means— (a) in relation to a person—attack the person in
a way that causes the death of, or grievous bodily harm or bodily harm to, the
person; or
(b) in relation to an animal—attack the animal in a way that
causes the death of the animal, or maims or wounds the animal.
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