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Control
EXPLANATORY NOTE
This Bylaw is made pursuant to the Dog Control Act 1996 and Dog Control Amendment Act 2003, and aims to provide for and place controls around the keeping of dogs in the Hastings District.
SHORT TITLE AND COMMENCEMENT
1.1 The title of this bylaw is the Hastings District Council Dog Control Bylaw 2007, being Part 9 of the Hastings District Council Bylaws.
1.2 This bylaw comes into force on 1 October 2007 and the Dog Control Bylaw being Part 9 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.
SCOPE
2.1 The Council is empowered by the Dog Control Act 1996, the Dog Control Amendment Act 2003, the Local Government Act 2002, Local Government Amendment Act 2006 and 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 2005 are incorporated into and form part of this bylaw.
The purpose of this Bylaw as outlined in the Dog Control Policy is:
- Prescribing minimum standards for the accommodation of dogs
- Regulating and controlling dogs
- Defining prohibited, controlled and 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 of dogs
- Limiting the number of dogs that may be kept
- Licensing of additional dogs
2.2 This Bylaw should be read in conjunction with the Hastings District Council’s Dog Control Policy, as well as with the Dog Control Act 1996 and Dog Control Amendment Act 2003 which also contains controls relating to the keeping of dogs which are not covered by this Bylaw.
These include:
- the powers of Dog Control Officers and Rangers
- the classification of probationary owners
- the disqualification of owners
- the classification of dangerous dogs
- the registration of dogs
- the seizure and impounding of dogs
- the issuing of an infringement notice
2.3 This bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
DEFINITIONS
“ADEQUATE SHELTER” means the following:-
- weather proof
- 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 in the case of a kennel with no other means of confinement
- kept in a clean and sanitary condition
- provided with a floor and constructed so that surfaces are easily cleaned.
“AT LARGE” means free or at liberty in a public place without any physical restraint by a person, but shall not include a dog under the visual and oral command of a person exercising the dog in an exercise area.
“BREEDING KENNELS” means any hospital, home, boarding or breeding kennel and shall include any establishment where dogs of a greater age of 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.
“CONTROLLED AREAS” means any part of any street or public place described in the Second Schedule where dogs must be kept under continuous control while there by an effective lead or being carried on or in a vehicle.
“COUNCIL” means the Hastings District Council and any duly authorised officer.
“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.
“EXERCISE AREA” means those places described in the third schedule designated as dog exercise areas for dogs without leads providing the dog is under continual control of a responsible person.
“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.
“MENACING OR DANGEROUS DOG” means a dog that poses a threat to any person, animal, or protected wildlife as defined in the Dog Control Amendment Act 2003.
“NEUTERED DOG” means a dog that has been speyed or castrated and does not include a dog that has been vasectomised.
“OWNER” in relation to any dog, means every person who:
a) owns the dog; or
b) 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; orc) the parent or guardian of a person under the age of 16 years who;
i) is the owner of the dog pursuant to paragraph a) or b) of this definition; and
ii) is a member of the parent or guardians 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.
“OFF LEAD” means those places described in the third schedule designated as dog exercise areas for dogs without leads providing the dog is under continual control of a responsible person.
“PRINCIPAL ACT” means the Dog Control Act 1996 or any enactment thereafter in substitution.
“PROHIBITED AREAS” means any of the following places:
a) Those places described in the First Schedule hereto or added to as in b) below.
b) Any roads or streets or places specified by resolution of the Council and subsequently advised by public notice.
c) 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 every road, footpath berm, mall arcade, court, or other thoroughfare of a public nature and includes every reserve subject to the Reserves Act 1977.
“RESERVE” means any Reserve within the meaning of the Reserves Act 1977.
“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.
“SPECIAL PURPOSE” means;
a) Any guide dog, or hearing ear dog;
b) Any dog:-
i) kept by the Police, the Customs Department, the Ministry of Agriculture, the Ministry of Fisheries, the Department of Conservation, or the Ministry of Defence, for the purposes of carrying out their functions, powers, and duties; or
ii) owned by a person employed for pest destruction; or
iii) 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.
“STOCK” includes:-
a) any horse, cattle, sheep, goat, emu, donkey, mule, ostrich, llama, alpaca, pig and poultry of any kind, and
b) any other animal that is kept within a fence or enclosure for domestic or farming purposes
“WORKING DOG” means:
a) kept solely for the purposes of herding or driving stock; or
b) declared by resolution of the territorial authority 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 PERMITING ADDITIONAL DOGS
5.1 A permit is required for any additional dogs, in excess of the two permitted under 4.1
5.2 Any person making 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 The Council when considering the application 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 history of owner complaints or any other relevant matter pertaining to such applications.
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 these 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;
a) 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
b) 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
c) 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 and subject to the provision of 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 - refer 6.3,
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) Prevent the keeping of the dog becoming a nuisance or injurious to health,
e) Prevent the keeping of a dog beneath the floor of any building,
f) Restrain any 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 or any power to revoke it),
b) Construct, alter or reconstruct kennels or other places where dogs are kept,
c) Keep dogs confined or restrained in specified ways, in specified areas and for
specified times,
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, space and the need of dogs for 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 of any dog shall keep the dog under control at all times.
7.2 The dog owner shall be deemed not to be in control of a dog:-
a) If it is at large; or
b) It if is in a public place, not being an exercise area, without physical restraint by
means of a lead, harness or other effective means of restraint and under the
control of a person capable of physically restraining the dog.
c) If while under restraint, the dog attacks or is permitted to attack any person, dog,
stock, poultry, domestic animal, or protected wildlife.
7.3 Menacing and dangerous dogs must be muzzled and on a leash at all times, when in public.
7.4 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 unless it is
impossible for the dog to get out; or
b) Leave a dog unattended in a vehicle, in such a manner as to cause it undue
distress; or
c) Allow a dog unless in a working capacity, to ride on the open tray of any vehicle
unless it is kept under control by a chain or a rope that prevents the dog from
leaving the tray or from snapping at passers by.
9.0 AREAS PROHIBITED TO DOGS
9.1 No owner shall allow or take a dog on to an 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 will be listed in the Schedule 1 attached.
9.4 No person, knowingly or not, shall take a dog into a public place amenity whether or not the dog is under control.
9.5 This clause shall not apply to any Special Purpose Dog as defined in the Dog Control Policy section 18.2.
9.6 Areas prohibited to dogs, shall be publicly notified and marked by at least one sign
10.0 CONTROLLED AREAS
10.1 The Council may by resolution designate controlled areas.
10.2 The controlled areas as defined in this Bylaw will be listed in the Schedule 2 attached.
10.3 The owner of any dog shall not allow such dog to enter in or on any street or public place designated as a controlled area unless under continuous control by an effective lead or being carried in or on a vehicle.
10.4 Areas designated as “controlled” will be publicly notified and shall be marked by at least one sign.
10.5 Nothing in Clause 10.0 of this bylaw shall apply to Special Purpose Dogs.
11.0 OFF LEAD/DOG EXERCISE AREA
11.1 The Council may by resolution, designate dog off lead/exercise areas.
11.2 Dog off lead/exercise areas as defined in this Bylaw, will be listed in the Schedule 3 attached.
11.3 The owner may exercise their dog off the lead in any area designated by Council, which has been notified to the public and shall be marked by at least one sign as such.
11.4 Owners shall keep any such dog under continuous supervision and control, and be responsible for the removal of any faeces deposited by the dog.
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 Any person in control or charge of any dog which fouls in any public place is required to remove and dispose of the faecal matter.
12.2 Where a litter receptacle 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, to that receptacle or container.
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) The bitch shall be regularly exercised under control during this period of confinement.
c) Take such steps as are necessary to prevent dogs on premises rushing at persons or intimidating persons lawfully on or off those premises.d) Be requested to comply with actions as specified in Clause 6.2 or any other
action as may be deemed necessary by officers.
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.
15.0 IMPOUNDING
15.1 Any dog found at large 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;
i) Proof of ownership and identity of the dog is established; and
ii) All fees determined by resolution of the Council are paid; and
iii) 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
iv) In the case of being unregistered, or impounded for the second time, 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, 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 (e.g. SPCA) who has pup(s)/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.
18.0 OFFENCES
18.1 Any person commits an offence against this bylaw, who
a) Contravenes, or permits a contravention of the provisions of this bylaw.
b) Does not cease any action which that person is required to cease under this
Bylaw;
c) 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 shall be liable upon conviction to a fine not exceeding $500 and, where the breach is a continuing one, to a further fine not exceeding $50 for every day on which the breach has continued.
18.3 Council may impound as per clause 15.0 any offending dog or dogs when in breach of clause 5.0.
18.4 A dog or dogs shall remain in custody and only released if Council is satisfied the return will not result in the resumption of the nuisance.
18.5 If not satisfied Council may dispose of the dog after seven days by means of sale, destruction, or otherwise, and that disposal does not relieve the owner of liability for payment of any fees incurred.
18.6 Council may disqualify a person from owning a dog or declare them to be a probationary owner if they incur more than three infringement offences within two years or are convicted of an offence under the Dog Control Act, Parts 1 and 2 of the Animal Welfare Act 1999, section 26ZZP of the Conservation Act 1987, or section 56I of the National Parks Act 1980.
19.0 NOTICES
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 such action being taken.
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 a 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.
21.0 DELEGATION POWERS
21.1 Council may at any time, by resolution delegate any powers under this bylaw to a committee of Council or a duly authorised officer of Council, in accordance with the Local Government Act 2002
SCHEDULE 1 - PROHIBITED AREAS
- Hastings District Council Civic Building
- Public Libraries
- 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
- Any other areas as Council deem necessary and which will be publicly notified and marked accordingly
SCHEDULE 2 - CONTROLLED AREAS
- The streets within any commercial area and all public places within these
- All public parks
- All public carparks
- All public reserves and parts of parks and reserves under the control of Council, which are neither prohibited areas, off lead areas or exercise areas.
SCHEDULE 3 - OFF LEAD/EXERCISE AREAS
- The road reserve in Karamu Road South, from Pattison Road, south to Murdoch Road.
- The road reserve in Otene Road, from Elwood Road, north to Ruahapia Road, excluding a section of 200m.
- The banks of the Karamu Stream, from a point adjacent to the southern most edge of Anderson Park, Havelock North to the over bridge on Havelock Road.
- The Tainui Reserve.
- The Tauroa Road Reserve.
- Fairview Place Reserve between the footbridge and Te Mata Road.
- All river beds and stop banks of waterways within the District that are controlled by the Hawke’s Bay Regional Council.
- The road reserve on Portsmouth Road, from Wilson Road, west to the end of the road.
- The "green belt" of land on the western edge of Margate Avenue.
- The northern reaches of Ocean Beach and Waimarama Beach.
- The southern boundary of Keirunga Gardens.
- The coast beach front area from the mouth of the Tukituki River south to the boundary of the Clifton No. 2 camp but excluding areas where residential properties front the beach.
Schedule 4 - Application for permit to keep more than two dogs
- Application form and related information (PDF 57kB)
