Ricky Bailey argues a three-year dog ownership disqualification is a ‘‘far too harsh’’ penalty for ‘‘minor’’ infringements, but Dunedin City Council staff disagreed, recommending the notice be upheld.
On Tuesday, February 25 the council hearings committee considered Mr Bailey’s appeal.
In her written report to the committee, animal services team leader Cazna Savell said Mr Bailey had ‘‘repeatedly failed’’ to keep his dogs contained and disqualification was necessary for public safety.
The decision to disqualify Mr Bailey came after four infringement notices and 13 complaints between January and August last year, regarding his four American Staffordshire terriers.
The offences included the dogs roaming, attacking animals — including killing a chicken and a cat — and acting aggressively towards people, Ms Savell said.
The Dog Control Act required the council to disqualify an owner after three or more infringements in two years.
In July, Mr Bailey’s kennel permit was cancelled and he was told to reduce the number of dogs on his property to one.
However, when officers served him the disqualification notice in October, they saw three dogs at his property, which demonstrated an ‘‘unwillingness’’ to work with the council, Ms Savell said.
‘‘While initially appearing to be co-operative with animal services officers, Mr Bailey is no longer demonstrating an ability to keep his dogs controlled or confined.
‘‘I believe that allowing Mr Bailey to continue to own dogs poses a threat to people and animals in the community.’’
Mr Bailey appealed the disqualification — preventing him from owning dogs would be out of proportion response, he said.
‘‘I love my dogs like children and would never hurt them ... I truly think disqualification is [an] unrealistic outcome,’’ he said in his letter to the council.
Speaking after the hearing, Mr Bailey was hopeful the notice would be overturned.
‘‘To be told that you can't have a dog at all ... for three years is just a shock to the system really.’’
He said he had complied when the council had cancelled his kennel permit and had spent $900 on temporary fencing to prevent dog escapes.
It had been hard without his dogs, most of which he said he had re-homed.
One, Ragnagh, remained with him but would be re-homed if his disqualification was upheld.
The committee reserved its decision.
