Bylaws Part 03: Animals
The objective of this Bylaw is to control the keeping of animals within the district so they do not create a nuisance or endanger health. Special reference is made to the keeping of pigs, poultry, bees, stock, and cats. The control of dogs is covered through a separate Dog Control Bylaw.
1.0 Short Title and Commencement
1.1 The title of this bylaw is the Hastings District Council Animal Control Bylaw 2006, being part 3 of the Hastings District Council Bylaws.
This bylaw comes into force on 1 September 2006 and the Animals Bylaw being Part 3 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.
2.1 This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
So far as they are applicable, and are not contrary to the provisions of this bylaw, the provisions of the Introductory Bylaw 2010 are incorporated into and form part of this bylaw.
The purpose of this Bylaw is to protect the public from nuisance and protect, promote and maintain public health and safety, by providing controls over the keeping of certain animals, bees and poultry and so reduce the incidence of odour, noise, vermin and physical effects.
ANIMAL - means any living stage of any member of the animal kingdom, or any other animal declared from time to time to be an animal under the Animal Welfare Act 1999, except human beings, and in the case of any mammal, bird, fish or reptile includes the carcass.
BIRDS – includes doves, peacocks, pigeons and all other types of birds, domestic or wild.
COUNCIL - means the Hastings District Council or a duly authorised officer of Council.
DWELLINGHOUSE – has the same meaning as set out in the District Plan.
NUISANCE -means nuisance as defined in the Health Act 1956 and Part 13 Nuisances Hastings District Council Bylaws.
POULTRY - includes geese, ducks, pigeons, swans, turkeys, roosters and all types of domestic fowls.
RURAL – means land zoned within the Hastings District Council’s District Plan as Te Mata Special Character, Tuki Tuki Special Character, Plains, Rural-Residential or Rural, or such other zoning that provides primarily for rural activities.
SECTION - means a property contained on one certificate of title and includes a cross-lease property or unit title.
STOCK - includes any horse, cattle, sheep, goat, emu, donkey, mule, ostrich, llama, alpaca, and pig of any kind.
URBAN – means land within the Hastings District Council’s District Plan
zoned as urban, including general and coastal residential areas.
4.0 Pig Keeping
4.1 No person shall keep any pigs so as to be or be likely to create a nuisance or any conditions injurious to health, or offensive, or in such a manner as to pollute any water, by reason of overcrowding of the premises with such pigs or otherwise.
4.2 No person shall construct or allow any pigsty to remain or any pigs to be at large or to range at a distance less than 50m from any dwelling, or any building, or any street or public place or any place used for the preparation, storage, or sale of food for human consumption, or from any boundary of any adjoining property, except with the permission of the Council, or as is otherwise permitted by a resource consent or by rules in the District Plan.
5.1 Unless otherwise authorised, no person shall erect, or cause to be erected any pigsty unless in compliance with the following requirements:-
a) The roof of the sleeping-pen shall be watertight.
b) The walls of the sleeping-pen shall be constructed as to prevent the accumulation of filth thereon and to afford a surface easily cleaned, and shall for 0.6m from the floor be constructed of concrete or other approved impervious material finished to a smooth even surface with all internal angles rounded.
c) The floor of the sleeping-pen shall be of concrete or other approved impervious material finished to a smooth even surface, and shall be graded to a fall of 1 in 25 to an approved outfall.
d) The floor of the feeding-pen shall be constructed of concrete graded to fall 1 in 25 to a channel drain.
e) The effluent from such channel drain shall be discharged by some approved means in such a manner as to cause no nuisance, in compliance with the Resource Management Act 1991.
5.2 The occupier of any premises whereon a pigsty is situated shall keep the pigsty, and all runs, drains, and catchpits or settling tanks used in connection with it in a state of cleanliness, and shall remove or cause to be removed and disposed of, all accumulated manure and offensive matter in an approved manner.
5.3 All troughs from which pigs are fed shall be properly constructed of concrete, sheet iron, hardwood, or other approved material so as to be watertight. All troughs shall be kept thoroughly cleaned.
5.4 All troughs, if not fixed or permanent, shall be placed on proper feeding places constructed as a smooth concrete slab with a raised nibwall all round, and of sufficient size to prevent pollution of the surrounding ground.
6.0 Pig Waste and Pig Feed
6.1 No person shall cause or allow any manure or offensive matter from pigsties, or any pig feed to be accumulated, or stored in any place within 50m from any dwelling, or any building, or street or public place, or the boundary of any occupied adjoining property or in such a way as to give rise or be likely to give rise to a nuisance, or be dangerous to health, or offensive except as is otherwise permitted by a resource consent.
6.2 No person shall transport pig feed, or any food intended for pigs and emitting an offensive smell, along any street or public place, or store pig feed or food intended for pigs on any premises or land unless in either case the pig feed is contained in impervious receptacles provided with approved close fitting covers sufficient to prevent the escape of material or odour, and access of flies except as is otherwise permitted by a resource consent.
6.3 Every person engaged in transporting or using perishable pig feed shall thoroughly clean daily every vehicle, receptacle, cover, or utensil used in the collection, transporting, or use of such pig feed.
7.0 Poultry Keeping
7.1 In areas other than those zoned Rural, or as or otherwise permitted by a resource consent or by rules in the District Plan, or otherwise permitted by Council under clause 7.4 of this bylaw, no poultry, caged or otherwise, shall be kept in any part of the District. Poultry shall be kept in a properly constructed poultry house covered in with a rainproof roof and provided with a floor of other approved material with a surrounding nib wall, to which may be attached a poultry run.
7.2 Every poultry house shall be constructed in the manner required by this Part of this Bylaw and as required by the provisions of the Building Code as the case may require.
7.3 No poultry house or poultry run shall be erected or maintained any part of which is within 10m from any dwelling, factory, or any other building whether wholly or partially occupied, or within 2m of the boundary of adjoining premises, or as otherwise permitted by resource consent or by rules in the District Plan.
7.4 Except with the written consent of the Council, not more than 12 head of poultry shall be kept in any poultry house or poultry run on any holding in areas other than those zoned Rural. The Council may refuse such consent or revoke and cancel any consent or apply conditions if it should decide that the poultry house or poultry run in question is likely to be offensive or dangerous to health.
7.5 Where consent has been revoked or refused by Council the applicant may apply in writing to the Council for reconsideration of the decision. On hearing the objection, the Council's Hearings Committee may confirm, reverse or modify the decision.
7.6 Every poultry run of whatever size shall be so enclosed as to confine the poultry within such poultry run.
7.7 Every outside poultry run shall be adequately graded and drained, and shall be kept at all times clean and dry and in good repair by the owner of the poultry.
7.8 Should any poultry house or poultry run cause a "nuisance" owing to its construction or state of disrepair, lack of cleanliness, or by reason of any matter referred to in this Bylaw, then, and in every such case, it shall be the duty of the owner of such poultry house or poultry run or of such poultry, upon notice being served upon him or her by the Council, to execute and do such work as the case may require to abate such nuisance, and as specified in such notice. In the case of neglect or refusal on the part of such owner to comply with, execute, or do such work and things, such owner commits an offence against this Part of this Bylaw.
7.9 Nothing in this Bylaw shall prevent any person keeping poultry in an auction room or in any premises used for the killing and dressing of poultry for sale for not more than 48 hours for the purpose of sale, or keeping poultry on his or her premises in an approved type of coop for the purpose of immediate consumption, or from keeping poultry in a shop for the purpose of sale.
7.10 No person shall keep a rooster in any areas zoned urban or areas zoned rural-residential.
8.1 Other than on sites larger than 1 ha in areas zoned rural in the District Plan, and where not more than two hives are kept no less than 10 metres from a boundary, no person shall keep bees at or upon any premises or place within the District, unless otherwise permitted in writing and licensed by Council to do so, or where a resource consent has been obtained in accordance with the Resource Management Act 1991.
8.2 The Council may refuse to issue a licence if in its opinion:-
a) The keeping of bees on the premises or place would be likely to be a nuisance or injurious to health; or
b) The keeping of bees on the proposed premises would be in contravention of the District Plan.
8.3 The Council may in any licence it may issue under this Bylaw prescribe conditions limiting the number of hives kept and the fixing of the location of such hives on the premises or place.
8.4 The fee payable for any licence issued shall be as the Council shall determine by resolution from time to time.
8.5 Every licence issued under this Bylaw shall expire on the 30th day of June following the date of issue.
8.6 The Council may revoke any licence issued if in the opinion of the Council the keeping of bees under such licence is or is likely to become a nuisance or injurious to health, or if any conditions prescribed in the licence are not complied with.
8.7 Where a licence has been revoked or refused by Council the applicant may apply in writing to the Council for reconsideration of the decision. On hearing the objection, the Council's Hearings Committee may confirm, reverse or modify the decision.
8.8 No person shall keep or continue to keep bees if in the opinion of the Council the keeping of such bees is or is likely to become a nuisance, or annoyance to any person or dangerous or injurious to health.
9.0 Keeping of Cats
9.1 No person shall keep more than four cats over the age of six months on any section. Where two or more dwellinghouses are contained on one section no person shall keep more than two cats over the age of six months in any household. For three or more dwellinghouses on one section no person shall keep more than one cat over the age of six months in any dwellinghouse.
9.2 In the event of a nuisance caused by cats, it shall be the duty of the owner to do such work or reduce the number of cats to abate any nuisance, upon notice being served upon him or her by the Council. In the case of neglect or refusal on the part of such owner to comply with, execute, or do such work or reduce the number of cats, such owner commits an offence against this Part of this Bylaw. In such a case Council may remove such cats as an Animal Control Officer deems necessary to abate the nuisance.
9.3 No person shall establish or maintain any hospital, boarding or breeding establishment for cats except on a site approved by a resource consent from the Council issued under the Resource Management Act 1991 and subject to such conditions as it may think fit to impose.
10.1 No person shall keep or cause to be kept within the district (excluding land zoned Rural) any stock at less distance than 2 metres from any boundary of adjoining premises used for the purpose of a dwelling, shop, warehouse, factory, work shop, church or school unless such animal is at the time being used, ridden or driven.
10.2 No stock shall be stabled or housed other than in a stable or other approved building constructed or made to comply with the Building Act and all relevant regulations.
10.3 No person shall keep a goat within the district, excluding land zoned as rural, unless it is kept securely tethered at all times.
10.4 No person shall occupy or allow to be used for human habitation any portion of any building which is also used as a stable or stock shed.
10.5 The owner of every building or premises where any stock may be kept, shall provide in connection with such building or premises:-
a) A suitably covered receptacle shall be placed so that the floor or bottom thereof shall be entirely above the level of the ground.
b) An adequate supply of water, and a sufficient drain constructed in such a manner, and of such materials, and maintained at all times in such a condition as effectual to convey all liquid refuse into an approved effluent system (subject to the Resource Management Act 1991).
c) Approved places or receptacles for storing feed for any such animal kept, and constructed and maintained as far as possible to prevent access by vermin.
10.6 The occupier of any land on which is erected any stable, stockyard, cattle-shed, or any other building where any stock are kept shall:-
(1) Cause all dung, manure, or refuse, in the stable, stockyard cattle-shed, or other building where stock is kept to be carefully swept up at least once in each day and placed in a receptacle provided and shall cause the said receptacle to be kept covered and to be entirely emptied as often as the quantity of dung, manure, or refuse accumulated shall amount to one cubic metre; or at least once every week, should the quantity not amount in that time to one cubic metre.
(2) Cause such building to be kept in a clean and sanitary condition and as far as possible free from flies, vermin and offensive odours.
10.7 Any person who fails to comply with clauses 10.1 to 10.6 of this Bylaw commits an offence.
11.1 No person shall keep or feed any animal, bird, or poultry which shall be or cause a nuisance to residents in the neighbourhood. Provided that no proceedings shall be taken against any person for an offence under this clause of this Bylaw until after the expiration of 7 days from the date of the service on such person of a notice alleging a nuisance given by the Council after receipt by it of a complaint, by a person residing within hearing of the animal, bird or poultry causing the alleged nuisance.
11.2 No person shall cause or allow any animal kept to create or be likely to create a nuisance. Should any person allow any animal to cause a nuisance, then, and in every such case, it shall be the duty of the owner of such animal, upon notice being served upon him or her by the Council, to execute and do such work as the case may require to abate such nuisance, and as specified in such notice. In the case of neglect or refusal on the part of such owner to comply with, execute, or do such work and things, such owner commits an offence against this Bylaw.
11.3 Notwithstanding any of the provisions of this Bylaw, no person shall keep any animals in such a manner or conditions so as to create a nuisance by way of odour from the keeping of such animals.
12.0 Slaughter of Stock
12.1 No person shall slaughter any stock including stock intended for human consumption unless such slaughter is carried out on land zoned Rural or premises licensed pursuant to the Meat Act 1981 and in accordance with that Act and any Regulations thereunder. (The Meat Act is administered by the Ministry of Agriculture).
12.2 Nothing in clause 12.1 shall apply to:
a) A veterinarian registered under The Veterinarians Act 2005;
b) An inspector appointed for the purpose of the Animal Welfare Act 1999;
c)The slaughter of stock on any land zoned Rural as defined under the District Plan;
d) To any person who is carrying out bona fide grazing or farming operations within the District on any land other than land zoned Rural under the District Plan who has been granted consent in writing by Council to slaughter stock.
12.3 Any person who does any act contrary to Subclause 12.1 commits an offence even if:
a) Such slaughter is on any land or premises in the ownership or occupation of such person.
b) Any meat derived from such slaughter is not sold or intended for sale.
c) The person is the owner of such stock.