
Ian McKenzie
Councillor (Greens)
Newcastle City Council
We didn't receive an answer.
We reminded Council that they are only a regulatory authority and don't make the laws. In fact, at last years' event the rangers used their statutory discretion to let dogs play with their families in the playground - the mum's and bubs were NOT fined $330 for having a fun time together.
Thanks to the intervention of Independent Councillor Mark Novak, the misunderstanding has been resolved and we will be attending Dogs Day Out. Mark says "for 4 years I have frequently been a lone voice on this Council appealing for change. Following this Council election, the change agents must be in the majority." Mr. Novak is standing for mayor in the upcoming Council election; I support him and hope you can too.
Manly also let us know that they are also working to support pets on public transport, and wrote to the relevant ministry after the bus arrest in February. Even better, we're slowly gaining support for a Salty Dogs' Day Out on a section of the beach - just like a surf club event. We would love to do with working with Council.
Will you help us on the stall on Sunday 10th August?
Barking Mad has a draft ‘user-pays’ companion dog policy. This policy may best be explained by a comparison to your driver’s licence. A ‘normal’ licence requires a certain test and fee. To obtain further privileges such as driving a heavy vehicle or riding a motorcycle, additional training and financial contribution is required. In other words, you earn and pay for those privileges.
The ‘dog debate’, unlike many environmental issues, does have edges on both sides of a line. One edge is ‘no dogs as pets or companions in my town’ and the other is ‘dogs anywhere on a lead’. These edges give us a defined area in which to work to achieve our goal of a safe and pet-friendly society where companion animals and their utilitarian values are recognised and utilised. A middle ground.
We are conducting ongoing research from dog owners; in asking the question ‘Are restrictions on where you can take your dog fair?’ our response to date has been:
Yes 2%
Fair? We’re 2nd class citizens 25%
It MUST change 44%
No 29%
Community expectations and tolerance of dogs in urban Sydney has changed dramatically in the last thirty years. (Barking Mad notes a greater tolerance in other cities and states). No longer are we tolerant of the off-lead dog visiting us during the day or of dogs on our beaches. Barking Mad accepts that we have to work with the community expectations as they are today. (Take the dangerous dog provisions of the Act and substitute with dangerous youth and you may be enlightened at how our need to blame has shifted to the domestic dog).
A dog user pays policy would involve training for the dog and owner to a certain standard, an additional fee paid, and would provide an ID for dog and owner. Should the dog change owners, the ‘privilege’ would not transfer. Should the owner obtain another dog, the training process would have to be completed again for that guardian/dog partnership. The recent achievement of unifying the microchip database provides the technical capabilities for this system of identification to be implemented now.
The ID would provide regulators (rangers) with a level of confidence and mitigate the effects of dealing with the constant complainers each council encounters. An additional part of the ID would be requiring proof of vaccination (as is the case with any dog school) and also insurance (which is not yet required, but often in existence).
The Local Government Act has provisions to accommodate this user-pays system such that it does not discriminate against the economically disadvantaged. Barking Mad does not advocate for this system; rather we recognise that it may be a way to ‘earn back’ our rights as dog owners even if those rights were taken away unfairly. Our research shows that:
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Barking Mad advocates that the potential risks of pets be considered within 'the weight of evidence (that) supports their health-enhancing potential' and 'costs that are vastly outweighed by potential health care savings.'
Remember that Pittwater is the council that refused to withdraw the penalty for 'dog on beach' when getting out of a boat (with minder) and going to a WATER ACCESS ONLY property. The magistrate made comments that made us smile; in other words - doesn't council have something better to do?
N.B.: We are not anti-ranger, which is why we lobby state and federal government more than the 700 plus local governments. 'Just doing my job' is often the plain truth in the matter. What many people don't know is that rangers have a code of conduct, local councils have a performance measure called 'reducing complaints' (a crazy notion for a profit-based business) and just because a person in uniform say something, they may not know the law any better than you.
Our legal challenges are not against the rangers who issue the fines in the first place, it's the Council management that insists on taking these cases before a magistrate. So many of our challenges have been dropped by local government just two days before the hearing when there has been 6-8 months to negotiate. OK for us, but really hard on the member who isn't aware of the absolute lack of common sense in these legal challenges and experiences extreme stress from the process. The Sudoku playing jurors prompted a brilliant response to the million dollar court case that was dropped due to their Sudoku playing: cap the lawyers pay at $188/day (like the jurors) and see how quickly cases get through the court.
Quote of the day: "lacking in substance". This means that your local government squanders your rates because they have someone who complains about you walking your dog on the beach in the morning and they HAVE to respond, because the law and common scents are, well, different.
We have not yet lost a challenge with members. The problem is we WANT to lose to take matters into the higher courts where precedent is set. Our next court date is with Warringah Council regarding jurisdiction on the beach; why not join us for the continuation and hopefully conclusion of a 'dog on beach' that has taken up 18 months of court time. Downing Centre Local court, 19th of Sept. in Sydney CBD. Email for details.
But we don't like 'facts', they don't make good media or create shock. Example: North Sydney has had the majority of parks off-leash for ten years, yet that hardly figured in the vigorous and often vicious and personal debate about the City of Sydney's (successful) plan to expand their off-leash parks. Please come to Parliament House between 11.30am and 2pm if you are able.
“As with other social justice movements, activists are seeking to push the existing boundaries and achieve law reform through a range of strategies, including lobbying for legislative change; utilising targeted and test-case litigation; undertaking community and professional education campaigns; and harnessing the power of consumers in the marketplace." Australian Law Reform Commission 3-March 08
"Any fool can make a rule, and any fool will mind it." Henry David ThoreauDisobedience is the true foundation of liberty. The obedient must be slaves. Henry David Thoreau
Click here for my personal note on tactics
"I became convinced that noncooperation with evil is as much a moral obligation as is cooperation with good. No other person has been more eloquent and passionate in getting this idea across than Henry David Thoreau. As a result of his writings and personal witness, we are the heirs of a legacy of creative protest. Martin Luther King
While Walden can be applied to almost anyone's life, "Civil Disobedience" is like a venerated architectural landmark: it is preserved and admired, and sometimes visited, but for most of us there are not many occasions when it can actually be used. Still, although seldom mentioned without references to Gandhi and King, "Civil Disobedience" has more history than many suspect. In the 1940's it was read by the Danish resistance, in the 1950's it was cherished by people who opposed McCarthyism, in the 1960's it was influential in the struggle against South African apartheid, and in the 1970's it was discovered by a new generation of anti-war activists. The lesson learned from all this experience is that Thoreau's ideas really do work, just as he imagined they would.
Mr. Burnside talks about how a State government (with deep pockets and a deep resentment for those who choose to legally challenge them) spent $4 million so that they would not have to compensate a member of the stolen generation.
Sadly, I must admit that my health is failing. The trauma of being arrested and locked up twice in 24 hours (both times acting legally), charged 4 times in a month and then being targeted (along with other members) for living a 'normal' life with our extremely well trained dogs has taken its toll. On medical advise, my work capacity is limited. After the brutal arrest that resulted in the NSW Transport Minister admitting Barking Mad was in the right, my wrists still hurt from being dragged and handcuffed. X-ray results are pending.
While good for the dog who can get walks based on 'rehabilitation' it's no way to run a business - even a not-for-profit one! I literally grew up in customer service in a family retail business and I am fully committed to serving my members who have trusted me with their financial contributions. As proprietor of Barking Mad I am facing difficult decisions in what would normally be such an exciting time in business with our recent successes with pubic transport.
Please contact me if you have a proposal or solution. If you have a suggestion, please contact me only if you can carry out the suggestion. Thank you all.