Bylaws Part 09: Dog Control
This Bylaw is made pursuant to the Dog Control Act 1996 (including all amendments). The Bylaw provides for and places controls around the keeping of dogs in the Hastings District to minimise danger, distress and nuisance from dogs.
The Bylaw includes requirements for the control of dogs in public places, including dogs being on-lead; provides for prohibited and off-lead exercise areas; stipulates requirements to remove dog faeces; and places limitations on the number of dogs that can be kept.
1.0 Short Title and Commencement
The title of this bylaw is the Hastings District Council Dog Control Bylaw 2009, being Part 9 of the Hastings District Council Bylaws.
This bylaw comes into force on 1 December 2009.
2.1 The Council is empowered by the Dog Control Act 1996, the Local Government Act 2002, the Health Act 1956 and amendments, to make Bylaws. 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 as outlined in the Dog Control Policy is to provide controls for:
- Prescribing minimum standards for the accommodation of dogs
- Regulating and controlling dogs
- Requiring dogs to be on a lead at all times in public places
- Defining prohibited areas, on-lead, and off-lead exercise areas
- Requiring owners to immediately remove faeces left by their dog(s) defecating in public places
- Breeding kennels, and the breeding and sale of dogs
- Requiring bitches in season to be confined
- Impounding dogs
- Limiting the number of dogs that may be kept on a property, and
- Licensing of additional dogs
2.2 This Bylaw should be read in conjunction with the Hastings District Council’s Dog Control Policy 2009, as well as with the Dog Control Act 1996 (including all amendments) which also contain controls relating to the keeping of dogs which are not covered by this Bylaw.
These Controls include the:
- Powers of Dog Control Officers and Rangers,
- Classification of probationary owners,
- Disqualification of owners,
- Classification of dangerous dogs,
- Classification of menacing dogs,
- Registration of dogs,
- Seizure and impounding of dogs, and
- Issuing of infringement notices.
2.3 This bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002 and section 20 of the Dog Control Act 1996.
“ADEQUATE SHELTER” means a shelter which is:-
- Provided with clean water,
- Of sufficient size to allow the dog to freely move, stretch out and recline,
- Of sufficient height so that the dog may stand freely,
- Constructed on dry ground,
- Provided with a fixed chain which allows the dog free movement if a kennel is provided with no other means of confinement,
- Kept in a clean and sanitary condition, and
- Provided with a floor and constructed so that surfaces are easily cleaned,
“AT LARGE” means free, roaming or at liberty in an on-lead area.
“BREEDING KENNELS” means any animal hospital, home, boarding or breeding kennel and shall include any establishment where dogs of a greater age than three months are accommodated for reward or payment for the purposes of treatment, custody or whelping and shall also include any establishment where dogs are registered in the name of the person in charge of such hospital, home or breeding kennels.
“CONTROL” means that the dog is not causing a nuisance or danger to any person, animal or property and that the owner or person responsible for the dog has the dog under his or her control at all times.
“COUNCIL” means the Hastings District Council and any duly authorised officer.
“DAYLIGHT SAVING” means that period commencing from 2:00 am NZ Standard time on the last Sunday in September in each year, when 2.00am becomes 3.00am, until 2:00 am NZ Standard time on the first Sunday in April of the following year, when 3.00am becomes 2.00am or such other period as may from time to time be defined by Order or Regulation made under the Time Act 1974.
“DISTRICT” means the territory of the Hastings District Council.
“DOG CONTROL OFFICER” means a Dog Control Officer appointed under Section 11 of the Dog Control Act 1996 and includes a warranted officer exercising powers under Section 17 of the Act.
“DOG RANGER” means a Dog Ranger appointed under Section 12 of the Dog Control Act 1996 and includes an honorary Dog Ranger.
“IMPOUND” means the seizure, taking into custody or receiving into custody, confinement, or other exercise of control over a dog by any duly authorised officer of the Council.
“LEASH” or “LEAD” means a leash, lead, choker chain or harness of appropriate material securely attached to a correctly fitted dog collar and of no more than 6.0 metres in length.
“MENACING OR DANGEROUS DOG” means a dog that poses a threat to any person, animal, or protected wildlife as defined in the Dog Control Act 1996.
“NEUTERED DOG” means a dog that has been spayed or castrated and does not include a dog that has been vasectomised.
“OFF-LEAD” means a dog that is not on a lead or leash.
“OFF-LEAD EXERCISE AREA” means an area described in the third schedule of this bylaw where a dog may be exercised whilst not on a leash or lead.
“ON-LEAD” means that a dog is on a leash or lead which is held by a person so the dog cannot break loose. The term “ON LEASH” has a corresponding meaning and may be used interchangeably.
“ON-LEAD AREA” means any part of any street, road or public place described in the second schedule of this bylaw where a dog must be kept on a leash or lead at all times.
“OWNER” in relation to any dog, means every person who
- Owns the dog; or
- Has the dog in his/her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage or distress or for the sole purpose of restoring a lost dog to its owner; or
The parent or guardian of a person under the age of 16 years who;
- Is the owner of the dog pursuant to paragraph a) or b) of this definition; and
- Is a member of the parent or guardian’s household, living with and dependent on the parent or guardian but does not include any person who has seized or taken custody of the dog under this Act or the Animals Protection Act 1960 or the National Parks Act 1980 or the Conservation Act 1987, or any order made under the Dog Control Act 1996 or the Animals Protection Act 1960.
“PRINCIPAL ACT” means the Dog Control Act 1996 or any enactment thereafter in substitution.
“PROHIBITED AREAS” means any of the following places:
- Those places described in the First Schedule hereto or added to as in b) below.
- Any roads or streets or places specified by resolution of the Council and subsequently advised by public notice as areas or places where dogs are prohibited from frequenting or being present.
- Any recreational buildings owned or controlled by the Council.
“PUBLICLY NOTIFIED” means a notice published in the newspapers circulating generally in the District or through any other suitable means.
“PUBLIC PLACE” means a place or an area that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place.
“RESERVE” means any Reserve within the meaning of the Reserves Act 1977.
“RESPONSIBLE PERSON” means any person other than the owner who for the time being is in charge of a dog and who is capable of physically restraining the dog.
“RURAL AREA” means land zoned within the Hastings District Council’s District Plan as Tuki Tuki Special Character, Plains or Rural.
“SPECIAL PURPOSE” means;
- Any guide dog, or hearing ear dog;
Any dog: -
- Kept by the Police, or any constable, the Customs Department, the Ministry of Agriculture, the Ministry of Fisheries, the Department of Conservation, the Department of Corrections, the Aviation Security Service, or the Ministry of Defence or any other officer or employee of any such Department of State solely or principally for the purposes of carrying out the functions, powers, and duties of the Police or Department of State or that constable, officer or employee; or
- Owned by a person employed for pest destruction; or
- Certified for use by the Director of Civil Defence Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Civil Defence Emergency Management Act 2002; or
- Owned by a security guard as defined in Section 4 of the Private Investigators and Security Guards Act 1974 and kept solely for the purposes of carrying on the business of a security guard.
- Any horse, cattle, sheep, goat, emu, donkey, mule, ostrich, llama, alpaca, pig, poultry of any kind, and other animal that is kept within a fence or enclosure for domestic or farming purposes.
“WORKING DOG” means a dog that is:
- Kept solely for the purposes of herding or driving stock; or
- Declared by resolution of the Council to be a working dog for the purposes of the bylaw.
4.0 Limitation of Number of Dogs Permitted on Land or Premises
4.1 No person shall keep or allow to be kept on any land or premises more than two dogs over the age of three months unless there is in force in respect of such land or premises a permit from the Council for such purposes in relation to the additional dog or dogs, pursuant to Section 5.0 of this bylaw.
4.2 Nothing in Clause 4.1 of this bylaw shall apply to Working Dogs in rural areas or Special Purpose Dogs.
5.0 Permitting Additional Dogs
5.1 A permit is required for any additional dogs in excess of the two permitted under Clause 4.1.
5.2 Any person making an application for a permit shall do so on the prescribed form (Schedule 4) to the Council within 14 working days from acquiring more than two dogs.
5.3 When considering the application the Council shall have regard to the adequacy of the land or premises for the keeping of the additional dog or dogs specified in the application, the likely effects which the keeping of the additional dog or dogs would have upon the surrounding neighbourhood, and the likelihood of the dog or dogs becoming a nuisance, any previous complaints made to the Council about the owner or his or her dogs and any other matter the Council believes is relevant to the application.
5.4 Subject to the foregoing provisions of this bylaw, the Council may issue a permit for the purposes specified in Clause 4.1.
5.5 Any such permit may be issued upon or subject to such reasonable terms, conditions and restrictions consistent with the Bylaw as the Council may determine either generally or in a form set out in the schedule and subject to Clause 5.6 shall remain in force from the date of issue until such time the Council deems appropriate.
5.6 For every such permit there shall be paid to the Council before the issue of the permit, such fee as the Council by resolution determines from time to time. The fee for such permit shall be payable in addition to the registration fees payable under the Dog Control Act 1996.
5.7 Permits for additional dogs are not transferable to any subsequent owner(s).
5.8 The Council may at any time while a permit is in force revoke the permit if the Council is satisfied that:
- The keeping of the additional dogs on the land or premises specified in the permit has caused or materially contributed to a nuisance or the likelihood of injury to health; or
- The keeping of the additional dog or dogs on the land or premises specified in the permit has caused a detrimental effect upon the surrounding neighbourhood; or
- There has been a failure to comply with all or any of the terms, conditions and restrictions of the permit. Then in any such above case or cases the Council may revoke the permit.
5.9 Where Council resolves to revoke or amend the original decision after its determination according to Clause 5.8, the owner shall comply with the decision within 14 days of receipt of written notice of the decision.
5.10 Where the owner of a revoked permit applies for a new permit as in Clause 5.2 the application will be deemed to be, if granted, a new permit and therefore subject to Clause 5.6.
5.11 Pursuant to clauses 4.1 and 5.0 of this bylaw the keeping of more than two dogs without a permit is an offence against this bylaw.
6.0 Standards for Keeping of Dogs
6.1 The occupier of any premises on which any dog is kept shall take all steps reasonably necessary to:
- a) Ensure the dog has adequate shelter;
- b) Ensure that the dog receives proper care and attention and is supplied with proper and sufficient food and water;
- c) Ensure the dog receives adequate exercise;
- d) Ensure the dog is kept under control at all times;
- e) Prevent a dog becoming a nuisance or a danger to any other animal, person or property;
- f) Prevent the keeping of a dog beneath the floor of any building;
- g) Restrain the dog behind a fence so as to allow reasonable public access to private property.
6.2 If the Council considers that the keeping of a dog is such that Clause 6.1 is breached, Council may serve a notice on the occupier to take actions to require the conditions under which the dog is kept to be improved, so as to comply with Clause 6.1. The notice may specify all or any of the following actions to be taken and, except in the case of ongoing actions, the time within which compliance must be achieved:
- a) Reduce the number of dogs kept (notwithstanding the existence of a licence under Clause 5.0);
- b) Construct, alter or reconstruct kennels or other places where dogs are kept;
- c) Keep dogs confined, controlled or restrained in specified ways, in specified areas and for specified times, including specifying the height and construction type of a secure fence and gate that must be installed;
- d) Clean kennels and other places where dogs are kept;
- e) Take such other action as may be reasonably necessary to properly house any dogs or to reduce or eliminate any nuisance or injury to health caused by or to such dogs.
6.3 The Council shall only specify actions under Clause 6.2 which are reasonable having regard to the inadequacy of housing or the nature of the nuisance or injury to health being caused. In specifying any action under Clause 6.2 the Council shall have regard to:
- a) The need for adequate shelter or space and the need of dogs to be provided with a clean and healthy living area;
- b) The proximity of dwellings, kennels or other places so as not to cause a nuisance;
- c) The use of materials which are easily cleaned in kennels and other places dogs are kept;
- d) The construction of the flooring or ground treatment of any kennel or other place where dogs are kept, whether it is graded and whether it is drained to a sewer drain;
- e) The need for cleaning of kennels or other places where dogs are kept;
- f) Notwithstanding these provisions Council may permit alternative accommodation for a dog where it is satisfied that the owner will be providing adequately for the needs of the dog and no other reasonable person in its opinion is adversely affected.
7.0 Control of Dogs
7.1 The owner or person responsible for the dog shall keep the dog under control at all times.
7.2 The owner or person responsible for the dog must ensure that the dog is restrained by a lead or leash which is secured or held by a person capable of physically controlling the dog while in any public place or area (not being an off-lead exercise area).
7.3 The owner or person responsible for the dog shall ensure that the dog cannot leave any private property unless it is under the control of its owner or a responsible person.
7.4 Any dog found in a public place not being an off-lead exercise area and not being on a leash or lead shall be considered to be uncontrolled and may be seized and impounded by any Dog Control Officer, Honorary Ranger or Duly Authorised Officer of Council.
7.5 Any owner of a dog impounded on two or more occasions within any two year period may be required to neuter the dog.
7.6 Menacing and Dangerous dogs must be muzzled and on a lead or leash when in any public place or area.
7.7 Nothing in Clause 7.0 of this bylaw shall apply to Special Purpose Dogs.
8.0 Dogs in Vehicles
8.1 No person shall:
- a) Take a dog in a motor vehicle or leave a dog unattended in a vehicle or on the open tray of any vehicle unless the dog is physically secured so that the dog cannot lunge or snap at passers by and is unable to leave the vehicle; or
- b) Leave a dog unattended in a vehicle in such a manner as to cause it undue distress.
8.2 Nothing in Clause 8.1 (a) of this bylaw shall apply to Working Dogs in rural areas or Special Purpose Dogs.
9.0 Areas Prohibited to Dogs
9.1 No owner shall allow or take a dog on to any place or area designated as a prohibited area.
9.2 The Council may, by publicly notified resolution, designate an area within its territory or under its control to be an area prohibited to dogs.
9.3 The areas designated as prohibited are listed in the Schedule 1 to this bylaw.
9.4 This clause shall not apply to any Special Purpose Dog as defined in the Dog Control Policy section 18.2.
9.5 Areas prohibited to dogs shall be publicly notified and marked by at least one sign.
10.0 On-lead Areas
10.1 The Council may, by publicly notified resolution, designate ON-LEAD areas.
10.2 The ON-LEAD areas as defined in this Bylaw are listed in Schedule 2 to this bylaw.
10.3 Areas designated as “on-lead” will be publicly notified and may be marked by appropriate signs.
10.4 Nothing in Clause 10.0 of this bylaw shall apply to Special Purpose Dogs or Working Dogs in rural areas.
11.0 Off-lead Exercise Areas
11.1 The Council may, by publicly notified resolution, designate dog off-lead exercise areas.
11.2 Off-lead exercise areas as defined in this Bylaw are listed in Schedule 3 to this bylaw.
11.3 Areas designated as off-lead exercise areas will be publicly notified and shall be marked by appropriate signs
11.4 The owner or person responsible for the dog shall keep the dog under control and shall have in their possession a leash or lead at all times.
11.5 Any bitch ‘in season’ (on heat) is to be prohibited from any off-lead exercise area.
12.0 Fouling in a Public Place
12.1 Every dog owner or person responsible for any dog which fouls in any public place or on land not occupied by the owner must remove and dispose of the faecal matter immediately in a way that does not cause a nuisance.
12.2 Every dog owner or person responsible for any dog shall at all times, when in a public place or off-lead exercise area with their dog, carry a suitable receptacle to enable them to remove any faeces of that dog immediately.
12.3 Where a litter bin or similar container is available in a public place, the owner may dispose of the dog’s faeces after enclosing the faeces in a suitable plastic or leak proof bag.
13.0 Nuisances, Menacing and Dangerous Dogs
13.1 The owner of any dog or the occupier of any premises where any dog or dogs are kept shall:-
- a) Keep every bitch ‘in season’ (on heat) on the premises confined within a dog-proof enclosure for the duration of the oestrus cycle.
- b) Take such steps as are necessary to prevent dogs on premises rushing at persons or intimidating persons lawfully on or off those premises.
- c) Be requested to comply with actions as specified in Clause 6.2 or any other action as may be deemed necessary by a Dog Control Officer.
14.0 Diseased Dogs
14.1 The owner of a dog which is suffering from disease shall ensure that the dog is properly treated for the disease and, unless taking the dog for treatment, shall ensure that the dog is confined to land occupied by the owner while it is so affected.
15.1 Any dog found at large, roaming or in breach of this bylaw may be impounded by the Council.
15.2 No dog shall be released from any pound of the Council unless;
- Proof of ownership and identity of the dog is established; and
- All fees determined by resolution of the Council are paid; and
- In the case of any dog three months of age or over the current annual registration fee payable under the Dog Control Act 1996 is paid unless such fee has previously been paid; and
- In the case of being unregistered, or impounded by the Council for the second time, shall be microchipped prior to release.
15.3 It shall be an offence for any person to remove any dog from any pound without the approval of the Council and then only in accordance with 15.2.
15.4 Council may dispose of any impounded dog after seven days, by means of sale, destruction, or otherwise in any way that Council deems fit if the owner is not known or cannot be located or after all reasonable steps have been taken to notify the owner.
16.0 Breeding Kennels
16.1 No person shall establish, maintain any hospital, home, boarding or breeding kennels for dogs except on a site approved by the Council and subject to such conditions as may be reasonably imposed. In addition, a Resource Consent may be required under the Resource Management Act 1991.
17.0 Pet Shop Owners/ Breeders / Welfare Organisations Statement
17.1 The proprietor of any pet shop shall provide a monthly statement in writing to Council, setting out full details of dogs and/or pups sold by, or disposed of in any way by the pet shop, including;
i) The full name and address of the person(s) to whom the dog was sold or otherwise disposed of;
ii) The age of the dog;
iii) The breed of the dog;
iv) The name of the dog.
17.2 Any person who establishes or maintains any hospital, home, boarding or breeding kennels for dogs shall also provide a monthly statement referred to in Clause 17.1.
17.3 Any person who breeds any pup or pups and who has on his or her property or premises a pup or pups as a result of such breeding shall also provide the statement referred to in 17.1.
17.4 Any organisation that has puppies or dogs for disposal shall also provide the statement referred to in 17.1.
17.5 Pursuant to clause 17.0, not providing a monthly statement to Council is an offence and subject to the provisions of this bylaw.
18.1 Any person commits an offence against this bylaw, who:
- Contravenes, or permits a contravention of the provisions of this bylaw or any notice issued pursuant to this bylaw;
- Does not cease any action which that person is required to cease under this Bylaw;
- Obstructs or hinders any officer in the exercise of any power conferred by this Bylaw.
18.2 Every person who commits a breach of any provision of this Bylaw may be issued with an infringement notice under Schedule 1 of the Dog Control Act 1996 or shall be liable on summary conviction to a fine not exceeding $3,000 prescribed by section 242(4) of the Local Government Act 2002.
18.3 Council may apply for an injunction preventing a person from continuing to breach this bylaw, in accordance with section 162 of the Local Government Act 2002.
18.4 Council may impound any dog in accordance with clause 15.0, where there is a breach of clause 7.0 of this bylaw.
18.5 Council may disqualify a person from owning a dog or declare them to be a probationary owner in accordance with the Dog Control Act 1996.
19.1 Any notice required by this Bylaw to be given in writing to the occupier of any premises may be posted or delivered to that person by normal mail or may be affixed to the premises, and shall be deemed to have been served.
19.2 Every person who commits a breach of any provision of the Bylaw shall be liable to an infringement fine as specified in the Dog Control Act 1996.
20.0 Dispensing Power
20.1 The Council may grant a dispensation from full compliance with any provision in this Bylaw where it is of the opinion that full compliance would needlessly and injuriously affect any person or business without corresponding benefit to the public or any section of it.
20.2 Written application for dispensation shall be made to the Council giving full details of and the reasons why relief is sought.
20.3 The Council may in its absolute discretion, either refuse the application, or grant it subject to such conditions as it may consider appropriate.
20.4 The Council may impose a fee or charge for any hearing or consideration of any application under this clause for a dispensation.
Schedule 1 - Prohibited Areas
- Hastings District Council Civic Building.
- Hastings District Council Public Libraries.
- Hastings District Council Public Swimming Pools and Paddling Pools.
- Children's playing areas under the control of the Hastings District Council.
- All areas under the control of the Hastings District Council set aside for organised games or sports and all other areas zoned as sports parks in the Hastings District.
- Rangaiika Beach at Ocean Beach/Cape Kidnappers.
Schedule 2 - On-lead Areas
- All public places excluding all Rural Areas, Prohibited Areas and those areas designated as OFF-LEAD EXCERISE AREAS in Schedule 3 of this Bylaw.
Public Places include, but shall not be limited to:
- The urban areas and urban townships of Hastings, Havelock North, Flaxmere, Clive, Whakatu, Te Awanga, Haumoana, Waimarama, Ocean Beach, Bridge Pa, Paki Paki, Omahu and Fernhill, Whirinaki and Waipatiki from the bridge to, and including the beach and riverbank.
- Public walkways and the stop banks forming part of Hawke’s Bay Walking and Cycleway Pathway Network within Hastings District that are not otherwise designated as OFF-LEAD EXERCISE AREAS,
- All public reserves, parks and parts of reserves and parks under the control of Council, which are neither prohibited areas or off-lead areas,
- All beaches or parts of beaches not otherwise designated as prohibited or off-lead exercise areas, and in particular the beach area from 100 metres south of the predator proof fence at Ocean Beach and north to Rangaiika Headland.
Schedule 3 - Off-Lead Exercise Areas
- 1. The Tainui, Tanner and Hikanui Reserves.
- 2. The Tauroa Road Reserve.
- 3. Te Mata and Arataki Road Reserve
- 4. Kingsgate Reserve from Te Mata Road to Reeve Drive, Ritchie Place, Fulford Place and Durham Drive
- 5. The banks of the Karamu Stream, from a point adjacent to the southern most edge of Anderson Park, Havelock North to the vehicle over bridge on Havelock Road.
- 6. The southern boundary walkway of Keirunga Gardens on Tanner Street, Havelock North.
- 7. Te Mata Peak Road and Te Mata Peak Park at such times, and in accordance with any conditions, as from time to time may be authorised and specified by the Te Mata Park Trust Board. Dogs shall be kept under control at all times.
- 8. The James Cook Street Reserve
- 9. The road reserve in Karamu Road South, from Pattison Road, south to Murdoch Road.
- 10. Ebbett Park during daylight saving hours between 7.30pm and 7.00am the following day, and between 6.00pm and 7.00am the following day during the remainder of the year.
- 11. Duke Street Reserve.
- 12. Pakowhai Country Park.
- 13. The road reserve on Portsmouth Road, from Wilson Road, west to the end of Portsmouth Road.
- 14. The Flaxmere Green Belt to the west of Tarbet Street, Arklow Place and Frobisher Street between Kirkwood Road and Flaxmere Avenue.
Haumoana and Te Awanga
- 15. The Haumoana-Te Awanga coastal beach front area from the mouth of the Tukituki River south to the boundary of the Clifton No. 2 camp, Te Awanga, excluding the beach front between numbers 3 and 41 Clifton Road Haumoana.
Waimarama and Ocean Beach
- 16. The beach front of the Ocean Beach settlement north to the surf club during daylight saving hours between 7.30pm and 7.30am the following day, and 6pm and 7am the following day during the remainder of the year.
- 17. Ocean Beach north of the surf life saving club to 100m south of the predator proof fence.
- 18. Waimarama Beach north to the Puhokio Stream river mouth during daylight saving hours between 7.30pm and 7.30am the following day, and 6pm and 7am the following day during the remainder of the year.
- 19. Waimarama Beach north of the Puhokio Stream river mouth to Pututaranui Point at any time.
Whirinaki and Eskdale
- 20. The North Shore and Whirinaki to Tangoio Beach road reserve.
- 21. Eskdale Park along the southern or right-hand side of, and to the end of the park driveway.
- 22. The beach front of Waipatiki Beach Settlement, coast-wards of the reserve, during daylight savings hours between 7:30pm and 7:30am the following day, and 4:00pm to 10:00am the following day for the remainder of the year.” Note: The coastline north and south of Waipatiki is an off-lead area.