Purpose
This Bylaw is created by the South Waikato District Council to fulfil and regulate the provisions of the Dog Control Act 1996 as it pertains to the Council's Dog Control Policy as set out in the Dog Control Act 1996 (“the Principal Act”).
Legislative Overview
Section 20 of the Act authorises the Council to make a Dog Control Bylaw for the South Waikato District Council in accordance with the Local Government Act 2002.
Short Title and Commencement
This Bylaw shall be cited as the South Waikato District Council Dog Control Bylaw 2004.
This Bylaw shall come into force on 17 December 2004.
Repeals
The South Waikato District Council Dog Control Bylaw 1997.
Interpretation and Definitions
This Bylaw shall be subject to the Acts Interpretation Act 1924, in the same manner as any New Zealand Statute.
In this Bylaw, unless the context otherwise requires:
Animal Control Officer has the same meaning as “Dog Control Officer, Ranger or Dog Ranger in the Principal Act.
Area Prohibited to Dogs means an area designed as such, by resolution of the Council, and those areas shown in the Second Schedule to this Bylaw.
At Large means free or at liberty without any physical restraint by a person, but shall not include a dog under the command of a person exercise the dog in a designated area.
Council means the South Waikato District Council and, where the context so provides, shall include any duly appointed Committee or Sub-Committee having authority in that regard.
District means the South Waikato District.
Dog includes any dog, bitch, neutered dog or speyed bitch.
Dog Control Officer, Ranger or Dog Ranger have the same meanings as given in Sections 11 and 12 of the Principal Act.
Dog Exercise Areas means any land designated as such by resolution of the Council and listed under Schedule 2.
Foul includes any deposit of faeces, urine or vomit.
Guide Dog has the same meaning as in the Principal Act.
Hearing Ear Dog has the same meaning as in the Principal Act.
Impound has the same meaning as in the Principal Act.
Leash Area means any area designed as such, by resolution of the Council.
Leash means a purpose-built length of cord, chain or other material no longer than two metres that, at one end, can be secured to a dog and the other end securely held by a person and has the strength to restrain the dog in any situation. (Retractable leashes are acceptable.)
Meanacing Dog has the same meaning as in the Principal Act.
Microchip means a transponder to be implanted for the purpose of providing permanent identification of any dog.
Neutered Dog has the same meaning as in the Principal Act.
Owner has the same meaning as in the Principal Act.
Principal Act means the Dog Control Act 1996.
Public amenity means any building owned by Council or the New Zealand Government and includes any public toilet, library, administration building or office or building of any kind used for any Government purpose to which the public has access.
Public Place has the same meaning as that in the Principal Act and includes every road, footpath right-of-way, berm, arcade, court or other thoroughfare of a public nature, open to or used by the public, and every reserve subject to the Reserves Act 1977.
Publicly Notified has the same meaning as in the Local Government Act 2003.
This Bylaw means the South Waikato District Council Dog Control Bylaw 2004.
Under Control means a dog physically restrained so that it is not at large and includes any dog inside any enclosure, or a dog under the visual and oral command of a person who is exercising the dog on any private property or exercise area or elsewhere herein defined.
Urban Area means any land within the urban areas of Tokoroa, Putaruru, Tirau or Arapuni, or as defined in the maps included as the Second Schedule to this Bylaw.
Working Dog has the same meaning as in the Principal Act.
Dog Control
All dogs shall be kennelled or otherwise confined within the owner's property at all times.
This Clause shall not apply where a dog is a working dog actively engaged in herding or driving stock, or where a dog is in an Exercise Area or Leash Area and is controlled on a leash by a person capable of physically restraining that dog whilst in a Leash Area.
Areas Prohibited to Dogs
The Second Schedule to this Bylaw shows the areas that are to be designated “Prohibited Dog Areas” . “Prohibited Dog Areas” are designated by ordinary resolution of the Council, publicly notified.
Prohibited Dog Areas may be designated as Leash Areas during certain time periods, by ordinary resolution of the Council, publicly notified.
Prohibited Dog Areas may be added to or deleted, by ordinary resolution of the Council, publicly notified.
Subject to Clause 7.5 of this Bylaw, the owner, or any other person in control, of any dog shall not take that dog into or allow that dog to be in any Prohibited Dog Area (excluding privately-owned property) unless such dog is enclosed in a vehicle or secured in that vehicle.
An Animal Control Officer may, at the request of the owner, consent in writing to a dog being taken into, and remaining within, an area prohibited to dogs.
Where such consent has been obtained, the dog identified therein shall be permitted to enter and remain within an area prohibited to dogs during the time or times specified in the consent, provided that any conditions included in the consent are observed and performed. (Refer to the First Schedule, Form 4, of this Bylaw).
Dog Exercise Areas
Any area within the District under the control of Council may, by ordinary resolution of the Council and publicly notified, be designed an exercise area for dogs (known as a “Dog Exercise Area” ). Refer to the Second Schedule of this Bylaw.
Subject to Clause 11.3, any dog, except where that dog is a bitch in season (refer to Clause 14.1), in an exercise area is allowed to run free provided that it is under the control of a person capable of physically restraining the dog and of exercising oral and visual control over the dog.
Fouling in Public Places
The owner of any dog that defecates in a public place or on land or premises other than that occupied by the owner, or on privately-owned land, and the dog is on that land with the permission of the owner thereof, shall immediately remove the faeces to a suitable place of disposal.
Failure to comply with Clause 9.1 is an offence against this Bylaw.
Where a litter receptacle is available, the owner may dispose of the dropping therein, after first enclosing the droppings in a suitable plastic or otherwise leakproof bag closed in a secure manner.
Leash Areas
Any public place may, by ordinary resolution of the Council publicly notified, be designated to be an area within which dogs must be controlled on a leash (known as a “Leash Area” ). Refer to the Second Schedule of this Bylaw.
Subject to Clause 11.3 of this Bylaw, the owner of any dog shall not take that dog into, or allow or suffer that dog to be, in any designed leash area unless a person physically capable of restraining the dog holds the leash.
Every person commits an offence by failing to keep a dog on a leash, either in company of a person, or at large in a leash area. Nothing in this Clause relates to working dogs as defined in the Principal Act.
Public Amenities
Subject to Clause 11.3 hereunder, no person shall take a dog into a public amenity at any time, whether or not the dog is under control; or
Being the owner of a dog, allowing that dog, whether knowingly or not, to enter a public amenity at any time.
Clauses 7.4, 8.2, 9.1 and 11.1 of this Bylaw shall not apply to a guide or hearing ear dog, while in control of its owner.
Shelter for Dogs
The owner of any dog shall make provision for adequate shelter for the dog, whether in the form of a kennel or part of a building or structure that is warm, dry and free from draughts. Dogs cannot be kept under the house unless in a purpose-built kennel, or in/on vehicles.
Where the owner of any dog provides a kennel or other structure for the use of the dog, it shall be made from durable materials and be weatherproof. The kennel and/or run shall be of suitable size to allow the dog to turn around, lie down or stretch up or down.
Where the owner provides any dog with a kennel, or confines by any means whatsoever, that dog's ability to move about within the owner's property, such kennel or means of confinement shall be so situated as to ensure that the dog shall not, while in its kennel or otherwise confined area, be within two metres of the boundary of the owner's property.
An Animal Control Officer may, at his/her discretion in all matters, grant a dispensation in writing for the siting of the kennel or means of confinement, which would allow a dog to be less than two metres from the boundary of the owner's property.
Before deciding to grant dispensation under Clause 12.4 above, the Animal Control Officer shall:
Give written notice to the owner or occupier of any property directly affected by the proposed dispensation, setting out the particulars thereof and advising them that they may object in writing to the proposed dispensation within seven days of the receipt of such notice; and
If an objection is received, consider the merits of that objection and, if found to be justified, shall refuse to grant a dispensation under this sub-clause but otherwise shall allow the dispensation.
Limitation on Number of Dogs
No occupier of a property within an urban area shall allow or suffer to remain on that property for any period in excess of fourteen (14) days, more than two dogs of any age of three months or more, whether or not that occupier is the owner of all or any of the dogs, unless the person is a holder of a valid Permit issued by the Council permitting the keeping of more than two dogs on that property.
Any person desiring to keep three or more dogs on any property in the urban area shall make written application to the Council for a Permit in the manner of Form 3 of the First Schedule hereto and shall pay such Permit fee to the Council as the Council shall prescribe by resolution publicly notified from time to time.
The applicant shall provide to the Council such information as the Council may require relating to any application made under this Clause.
Upon receipt of an application for a Permit under this Clause, the Council shall serve on the owner or occupiers of any adjoining properties and any other properties which, in the opinion of the Council, would be affected by the application, a copy thereof, together with any further information supplied by the applicant.
Any person so notified may object in writing to the application and shall send such objection to the Council so as to be received not more than seven days after a copy of the application has been received by that person.
Any Permit issued under this Clause shall be made subject to such conditions as the Council, or any Committee of the Council authorised in that behalf, considers appropriate.
In considering an application for a Permit under this Clause the Council, or any committee of the Council, shall take into account:
The number, breed and characteristics of the dogs, which are the subject of the application.
The situation, size, extent and security of fencing of the subject property and of any enclosure or enclosures thereon.
The density of residential buildings in the vicinity of the subject property.
The merits of any objections received.
The record or complaint history of the applicant as a dog owner.
Whether or not the applicant intends to use the dogs for breeding.
Any Permit issued shall be in the manner of Form 2 of the First Schedule to this Bylaw.
The Permit shall record the details of each dog included in the Permit and the Permit shall not be transferable in respect to location, breed of dog or the Permit holder, provided that the substitution of a dog with another dog of the same breed shall not require a further application.
Where an application for a Permit is declined, or is issued subject to conditions, the applicant may apply in writing to the Council for re-consideration of the application and the decision of the Council, upon such re-consideration, shall be final.
Such fees shall accompany any application for re-consideration as the Council may, from time to time, prescribe by resolution publicly notified.
Where a Permit to keep more than two dogs has been issued and there is evidence, to the satisfaction of the Animal Control Officer, that the conditions of the Permit are not being complied with, the Permit may be revoked or amended.
Where the Council resolved to revoke or amend a Permit after its determination according to Clause 13.12 of this Bylaw, the owner shall comply with such revocation or amendment, as the case may be, within seven days of receipt of written notice of such determination.
All previous consents to keep more than two dogs on any property shall, on the day this Bylaw comes into force, be deemed to be Permits issued under this Bylaw.
Any person to whom a Permit to keep more than two dogs is issued shall produce the Permit for inspection at the request of any Officer of the Council.
Dogs Becoming a Nuisance or Injurious to Health
The owner of any dog or the occupier of any property whereon any dog or dogs are kept shall keep every bitch in season on the property for the duration of her oestrous cycle. The bitch shall be regularly exercised under control during this period of confinement.
If, in the opinion of the Council, the dog or dogs or keeping thereof has become, or is likely to become, a nuisance or injurious to the health of a member or members of the public, the Council or any person authorised in that behalf may, by notice in writing, require the owner or occupier to:
Reduce the number of dogs kept on the property; or
Take any other action the Council deems necessary to minimise or remove the likelihood of nuisance or injury to health; or
Require the owner of any dog being a dog that, on two or more occasions has been found in contravention of this Bylaw, such as wandering or being impounded, to cause that dog to be neutered, whether or not the owner has been convicted of an offence against Section 53 of the Principal Act.
Menacing Dogs
Dogs that are wholly or predominantly of a breed or type listed in Schedule 4 of the Principal Act and classified as menacing under Section 33C of the Principal Act, will be required to be neutered if there is a history of irresponsible ownership during the previous two years.
Dogs that are classified as menacing under Section 33A of the Principal Act as a result of, observed or reported, aggressive behaviour will be required to be neutered.
Failure to comply with the neutering requirements will be an offence against this Bylaw.
Aggravated Dogs
Any person shall be guilty of an offence against this Bylaw who behaves so as to cause any dog in any public place to become restive or aggravated, whether or not he or she is the owner of the dog.
Impounding
Any Police Officer or Animal Control Officer may seize and impound any dog pursuant to the Principal Act and the dog shall be impounded until it is released upon payment in full of any fees set by Council by resolution publicly notified.
Offences and Penalties
Every person who commits a breach of any of the provisions in this Bylaw shall be liable, on summary conviction, to a fine not exceeding $20,000 and, where an offence is a continuing one, then to a further fine not exceeding $50 for every day or part of a day during which the offence has continued.
Failure to comply with any part of this Bylaw may result in the offender being issued with an infringement notice in accordance with the First Schedule of the Dog Control Act 1996.
Confirmation
The South Waikato District Council Dog Control Bylaw 2004 was released for consultation under the Special Consultative Procedure set out in the Local Government Act 2002, at an Ordinary Meeting of the South Waikato District Council held on 26 August 2004 (Resolution 302/04). It was adopted at an Ordinary Meeting of the South Waikato District Council held on 9 December 2004 (Resolution 448/04).
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