Part 2: Animals

Contents

1. Definitions
2. Activities that require Council permission
3. Other activities
4. Offences

The Wellington Consolidated Bylaw 2008: Part 2 - Animals, gives legal powers to enforce the Dog Policy 2009 and determines requirements for the keeping of animals and bees to protect the public from nuisance, maintain and promote public health and safety and the welfare of animals.

This bylaw is made under Sections 145 and 146 of the Local Government Act 2002, Section 20 of the Dog Control Act 1996 and Section 64 of the Health Act 1956. The Animal Welfare Act 1999 should be read in conjunction with this bylaw.

1. Definitions

In this bylaw:

Animal has the meaning defined in the Animal Welfare Act 1999 and 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.

Authorised Officer means any person appointed or authorised by the Council on its behalf.

Beach exercise areas - beach areas where dogs can exercise off-leash under the control of their owner.

Beach areas restricted during summer means areas where dogs are prohibited from 9am - 7pm every day in summer (during national Daylight Saving hours). These areas are classed as controlled public places where dogs can be on-leash before 9am and after 7pm in summer and on-leash at all times in winter.

Birds include any domestic or wild birds, poultry, game, caged birds or birds kept for display. Poultry includes geese, ducks, turkeys, pigeons, pheasants, domestic fowls, chickens or roosters.

Controlled public place means any area where dogs are allowed as long as they are on-leash and under the control of their owner.

Exercise area means any area where dogs are allowed off-leash under the control of their owner.

Exercise area (specified times) means any area where dogs are allowed off-leash before 9am and after 7pm in summer (during national Daylight Saving hours) and off-leash at all times in winter.

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 where dogs are not allowed at any time on or off-leash.

Prohibited place (specified times) means any area where dogs are prohibited for a specified time.

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 has the meaning as defined under the Dog Control Act 1996.

The Act means the Dog Control Act 1996 and its subsequent amendments.

Urban area means any area which is not a rural area.

2. Activities that require Council permission

2.1 The process to grant Council permission for anyone to carry out the activities set out below is outlined in Part 1 (Introduction) of the Wellington Consolidated Bylaw 2008. Council permission 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 in total on a property. Permission will be required for more than three dogs over the age of three months, whether or not the dogs are registered or the owner/occupier is the registered owner of the dogs.

In assessing an application under clause 2.2.3 the Council will consider the impact granting Council permission will have on the amenities of the neighbourhood. Council's permission may be subject to any terms, conditions and restrictions, including:

  1. limiting the number of dogs that may remain or be kept on the premises at any one time
  2. limiting the duration of Council's permission
  3. restrictions as to the purpose for which the dogs are to be kept
  4. provision for the dogs' hygiene, control, confinement and regular inspection
  5. 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/or bees shall be kept in a manner that is not or is not likely to become a nuisance, 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 Council permission is granted under clause 2.2.2, so that the owner can be identified.

3.1.4 All animals, other than domestic/owned cats, found at large and not within their owner's property may be seized and impounded by an authorised officer.

3.1.5 The Council may sell, re-home or otherwise dispose of, any animal seized and impounded under clause 3.1.4 that has not been claimed or returned within 7 days after it was seized and impounded.

3.2 Feeding animals

3.2.1 Feeding of animals can attract rats or other vermin or cause excessive fouling to public places. Where restrictions are required for specific areas, they will be clearly signposted. Animals must not be fed in these signposted areas.

3.3 Dog nuisances

3.3.1 If, in the opinion of an authorised 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:

  1. reduce the number of dogs kept on the premises
  2. construct, alter, reconstruct or otherwise improve the kennels, fences or other buildings used to house or contain the dog
  3. take such action as the Officer deems necessary to minimise or remove the likelihood of nuisance, hazard or injury to health, property or safety.

3.3.2 The owner must comply with any notice issued under clause 3.3.1 within the time specified in the notice.

3.4 Dog areas

3.4.1 The Council may, by publicly notified resolution, declare any additional public place to be one of the following classifications and may impose prohibitions and restrictions in respect of that area:

  1. Controlled public place
  2. Exercise area
  3. Exercise area (specified times)
  4. Beach exercise area
  5. Beach area (restricted during summer)
  6. Prohibited public place
  7. Prohibited place (specified times)

A list of areas that are currently classified is included in Appendix A.

3.4.2 Dogs entering and remaining in Controlled public places must be on-leash and under the control of their owner at all times.

3.4.3 Dogs are permitted to enter any cemetery controlled by Council, provided that:

  1. This Part of the Bylaw is complied with; and
  2. No dog is permitted to enter any cemetery controlled by Council unless it is under the control of its owner and on-leash at all times.

This clause is made pursuant to the Burial and Cremation Act 1964.

3.4.4 The owner of any dog will ensure their dog does not enter a Prohibited public place or a Prohibited place (specified times) contrary to any prohibition or restriction imposed by the Council under clause 3.4.1.

3.4.5 Despite any restrictions imposed under clause 3.4.1 any working dog that is working at the time may enter a Controlled public place without a leash if required and a Prohibited public place or a Prohibited place (specified times).

3.4.6 The owner of any dog may keep their dog off-leash in any Exercise area, Exercise area (specified times) or Beach exercise area during the times specified in the resolution under clause 3.4.1.

3.4.7 The owner of any authorised disability assist dog may keep their dog off-leash in a Controlled public place, Prohibited public place or a Prohibited place (specified times) declared under clause 3.4.1.

4. Offences

4.1 Everyone commits an offence who:

  1. keeps animals and/or bees in a manner that is, or is likely to become a nuisance, dangerous, offensive, or injurious to health.
  2. being the owner or having the care, custody, or control of any animal, 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.
  3. injures any animal on any road and fails to render assistance.
  4. kills any animal on any road and allows it to remain on the road.
  5. 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.

4.2 Every dog owner or person in control of the dog at the time commits an offence who:

  1. allows their dog to enter or be in a public place when it is infected with mange, distemper, or other infectious disease, or it is a bitch in season.
  2. does not immediately pick up and remove and/or dispose of their dog's faeces when it defecates in any public place, or on land or premises other than that occupied by the dog's owner.
  3. 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 3.4.1.

Adopted 11 December 2009