Queensland dog owner fails to have $806 off-leash fine reduced
A Queenslander fined for walking his dog without a leash says he is shocked by how much penalties have increased.
Bart Cwiklinski and his obedient, partially blind dog Luna were stopped by a council officer near an off-leash dog park in Townsville late last year.
Officers can exercise discretion and issue warnings but slapped Mr Cwiklinski, a first-time offender, with an $806 fine on the spot.
"I was calm, compliant, admitted guilt, I was sure I would get a warning," Mr Cwiklinski said.
"
When I heard the fine was $806, that blew my mind.
"
After hearing of other cases in which dog walkers were given warnings Mr Cwiklinski decided to challenge the infringement, but the fine was upheld in Townsville Magistrates Court on Wednesday.
Bart Cwiklinski says many dog owners are unaware of how steep the penalty can be.
(
ABC North Qld: Chloe Chomicki
)
Maximum fine exceeds $8k
During that hearing Mr Cwiklinski pleaded guilty and expressed remorse but argued his dog was well-trained and that he should have received a warning.
"I sympathise with him — it is a large sum," Townsville City Council solicitor Alana Divett said.
"However, the maximum fine for the same offence is $8,065."
Acting Magistrate Kerri Fredericks said if Mr Cwiklinski had a lead with him on the day he may not have been penalised.
Mr Cwiklinski pleaded guilty to not exercising effective control of a dog in a public place.
(
ABC North Qld: Rachael Merritt
)
"You might have got a warning, but in your case they considered the fact that you weren't even carrying a lead," she said.
Magistrate Fredricks said the law applied to all dogs and that the penalties varied.
"If your dog was a badly behaved dog, then your case would be in a higher category," she said.
Townsville City Council told the ABC its officers were unable to make exceptions to the law when it was "evident" that an an animal was "not under effective control".
Owners have 'absolutely no idea'
In July 2024 the Queensland government amended dog ownership laws due to a rise in complaints and attacks.
Dog owners who fail to keep their animal under "effective control" in public can be issued on-the-spot-fines.
The government states that a person has "effective control" if they are able to physically control the dog, have it on a leash or are supervising it in an off-leash area.
Mr Cwiklinski felt Queensland dog owners were being caught off guard and were unaware the off-leash penalty had increased.
"They have absolutely no idea," he said.
"
It is not a deterrent if people do not know about it.
"
Bart Cwiklinski says Luna is getting used to being on a leash.
(
ABC North Qld: Chloe Chomicki
)
Mr Cwiklinski says Luna, who can sit, shake and high five, has adjusted well to wearing a lead but enjoys the off-leash park.
He says he has been warning other dog owners in the park about the increased penalties by asking them to guess the severity of the fine.
"The guesses are usually $50, $100 or $200," Mr Cwiklinski said.
"But no, it used to be $320 — now it is $806."
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