66Infringement notices
Where a dog control officer or dog ranger has reasonable cause to believe that any person has committed an infringement offence under this Act, an infringement notice may be issued to that owner by the dog control officer or dog ranger or by any person so authorised by the territorial authority.
An infringement notice may be served—
- by delivering it personally to the person who appears to have committed the infringement offence; or
- by sending it by post addressed to the person at the person's last known place of residence or business; or
- where the person is shown as the owner of a dog on a register
, by sending it by post to the person at the address recorded on that register. An infringement notice sent to a person by post pursuant to paragraph (b) or paragraph (c) of subsection (2) shall be deemed to have been served on the person when it was so posted.
Every infringement notice shall be in the prescribed form, and shall contain the following particulars:
- such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
- the amount of the infringement fee specified in respect of that offence in Schedule 1; and
- the address or addresses at which the infringement fee may be paid; and
- the time within which the infringement fee may be paid; and
- a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
- a statement of the right of the person served with the notice to request a hearing; and
- a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
- a summary of the provisions of sections 21(2) and (3), 23, 25(1) and (2), and 27(1); and
- such other particulars as are prescribed.
Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section shall, with the necessary modifications, apply.
A territorial authority may retain the infringement fee received by it for an infringement offence if the infringement notice was issued by a dog control officer or dog ranger appointed by that territorial authority.
Notes
- Section 66(1): amended, on , by section 41(1) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 66(2)(c): amended, on , by section 29(9) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 66(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 66(4)(b): amended, on , by section 23 of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 66(4)(h): amended, on , by section 41(2) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 66(6): added, on , by section 41(3) of the Dog Control Amendment Act 2003 (2003 No 119).