Part 2: Animals
This Part of the Bylaw outlines the requirements for the keeping of animals and bees. The requirements are deemed necessary to assist with the implementation of the draft Wellington City Council Dog Control Policy 2004 and for the purposes of protecting the public from nuisance and protecting, promoting and maintaining public health and safety.
This Part is made pursuant to sections 145 and 146 of the Local Government Act 2002, section 64 of the Health Act 1956 and section 20 of the Dog Control Act 1996. The Animal Welfare Act 1999 should be read in conjunction with this Part.
1. Definitions
1.1 In this Part:
Animals means any live member of the animal kingdom that is a mammal, a bird or any other member of the animal kingdom which is declared from time to time by the Governor-General, by Order in Council, to be an animal for the purposes of the Animal Welfare Act 1999.
Authorised Officer means any person appointed or authorised by the Council on its behalf.
Birds include any domestic birds, poultry, game, caged birds or birds kept for display.
Controlled public place means any area declared under clause 3.3.1 where dogs are allowed as long as they are on a leash.
Exercise area means any area declared under clause 3.3.1 where dogs are allowed and are not required to be on a leash.
Leash means a strap or chain attached to a collar or harness on the dog sturdy enough to ensure that the dog is restrained and controlled by the person using the leash.
Nuisance refers to the dictionary definition (a person, thing, or circumstance causing trouble or annoyance; anything harmful or offensive to the community or a member of it and for which a legal remedy exists) or to a statutory nuisance as defined in Section 29 of the Health Act 1956.
Prohibited public place means any area declared under clause 3.3.1 where dogs are not allowed at any time on or off-leash.
Prohibited (specified times) public place means any area declared under clause 3.3.3.1 where dogs are not allowed at specified times on or off-leash.
Rural area means any area zoned 'rural' in any operative District Plan of Council and rural premises is any premises situated in the rural zone, open space zone or conservation zone under the operative District Plan.
Stock shall include any horse, cattle, deer, mule, sheep, pig, goat, alpaca or llama.
The Act means the Dog Control Act 1996, including any amendment from the date it comes into force, and any regulation under it.
Urban area means any area which is not a rural area.
2. Activities that Require Council Permission
2.1 The authority to issue a licence or permit for anyone to carry out the activities set out below is outlined in Part 1 (Introduction) of this Bylaw. A licence or permit may be granted subject to any conditions the Council sees fit.
2.2. The following activities will require Council's prior written permission.
2.2.1 Animal establishments
- Establishing or maintaining any animal boarding establishment.
- Establishing or maintaining a pet shop, animal hospital, or refuge-centre for the keeping, selling or treating of animals that also operates a business as a boarding establishment.
2.2.2 Keeping goats
Anyone keeping goats within the district (including the rural area).
2.2.3 Keeping more than three dogs
- An owner or occupier of any premises (other than rural premises) keeping more than three dogs over the age of three months for 7 days or more, whether or not the dogs are registered or he or she is the registered owner of the dogs.
- In assessing an application under clause 2.2.3 (a) the Council will consider the impact granting a licence will have on the amenities of the
neighbourhood and it may be subject to any terms, conditions and restrictions, including:
- limiting the number of dogs that may remain or be kept on the premises at any one time
- limiting the duration of the licence
- restrictions as to the purpose for which the dogs are to be kept
- provision for the dogs' hygiene, control, confinement and regular inspection
- provision for the protection of other persons or property from being affected in any way by the dogs.
3. Other Activities
3.1 General conditions of keeping animals
3.1.1 All animals and bees shall be kept, in a manner that is not or is not likely to become a nuisance, annoyance, dangerous, offensive, or injurious to health.
3.1.2 All animals shall be kept in a manner that ensures they have access to sufficient food, water, shelter and, where appropriate, adequate exercise.
3.1.3 All goats kept within the district must be kept confined within their owner's property and must display (whether by a tag or otherwise) the number provided by the Council when a licence is issued under clause 2.2.2, so that the owner can be identified.
3.3.2 Dog nuisances
3.2.1 If, in the opinion of a Dog Control Officer, any dog or the keeping of any dog on any premises has become, or is likely to become a nuisance, injurious or hazardous to health, property, or safety, the Officer may require the owner by written notice to:
- reduce the number of dogs kept on the premises
- construct, alter, reconstruct or otherwise improve the kennels, fences or other buildings used to house or contain the dog
- take such action as the Council deems necessary to minimise or remove the likelihood of nuisance, or hazard or injury to health, property or safety.
3.2.2 The owner must comply with any notice issued under clause 3.2.1 within the time specified in the notice.
3.3 Dog areas
3.3.1 The Council may, by publicly notified resolution, declare any public place to be a 'controlled public place', a 'prohibited public place', a 'prohibited (specified times) public place' or an 'exercise area' and may impose prohibitions and restrictions in respect of that area.
3.3.2 The owner of any dog shall ensure their dog does not enter or remain in a 'controlled public place', a 'prohibited public place' or a 'prohibited (specified times) public place' contrary to any prohibition or restriction imposed by Council under clause 3.3.1.
3.3.3 Despite any restrictions imposed under clause 3.3.1 any working dog that is working at the time may enter a 'controlled public place', a 'prohibited public place' or a 'prohibited (specified times) public place'.
3.3.4 The owner of any dog may keep their dog off a leash in any 'exercise area' declared under clause 3.3.1.
3.3.5 The owner of any authorised hearing ear dog, guide dog or companion dog may keep their dog off a leash in a 'controlled public place', a 'prohibited public place' or a 'prohibited (specified times) public place' declared under clause 3.3.1.
3.4 Impounding
3.4.1 Any dog found at large in breach of this Bylaw may be impounded by a Dog Control Officer.
3.4.2 The Council will apply the procedure set out in Section 69 of the Act to any impounding under clause 3.4.1.
4. Offences
4.1 Everyone commits an offence who:
- injures any animal on any road and fails to render assistance
- kills any animal on any road and allows it to remain on the road
- buries any animal carcass anywhere in the district in a manner that is or is likely to become a nuisance, injurious or hazardous to health or safety.
- being the owner or having the care, custody, or control of any stock, does not confine it adequately to prevent it from straying on to any road; trespassing on any land or reaching into or over any residential property or public land.
4.2 Every dog owner or person in control of the dog at the time commits an offence who:
- allows their dog to enter a public place when it is infected with mange, distemper, or other infectious disease, or it is a bitch in season.
- does not immediately remove their dogs faeces when it defecates in any public place, or on land or premises other than that occupied by the dog's owner.
- allows their dog (except a working dog that is working at the time) in a public place, unless it is controlled by a leash or unless allowed by resolution under clause 3.3.1.
Adopted 1 September 2004
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Department Details:
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