Power to Make Regulation

Section 42(c) of the Domestic (Feral and Nuisance) Animals Act 1996 enables councils to make a local law 'requiring owners of dogs to remove and dispose of faeces deposited by their dogs in public places'. (View Domestic (Feral and Nuisance) Animals Act)

The local law should be made under section 111 of the Local Government Act 1989, and councils can set a penalty they consider appropriate, and can allow for the issuing on the spot infringement notices.

In addition to local laws requiring dog owners to clean up after their dogs, some councils have included a provision stating that dog owners must carry a dog faeces removal device (e.g. bag or pooper scooper) when walking their dog in public.

Currently, the majority of Melbourne metropolitan councils have local laws relating to dog poo removal in place with fines ranging generally from $50 to $200.