ISIS SHIRE COUNCIL - Bundaberg Regional Council

ISIS SHIRE COUNCIL LOCAL LAW POLICY NO. 6 (KEEPING AND CONTROL OF ANIMALS) PART 1 - PRELIMINARY Citation 1.

This local law policy may be cited as the Isis Shire Council Local Law Policy No. 6 (Keeping and Control of Animals).

Objects 2.

2A.

The objects of this local law policy are to provide detailed information called upon by Local Law No. 6 (Keeping and Control of Animals) to regulate the keeping of animals (a)

to protect the community against risk of injury and damage; and

(b)

to ensure that animals do not create a nuisance, or a hazard to health or safety; and

(c)

to prevent pollution and other environmental damage resulting from the keeping of animals and to protect the amenity of the local environment; and

(d)

to ensure that animals are kept and used in a way that is consistent with the rights and expectations of the local community.

In this subordinate local law:

“local law” means the Isis Shire Council (Keeping and Control of Animals) Local Law No. 6 “Woodgate Beach exercise areas” means the areas, within Woodgate Beach bounded by the low and high water marks and in particular: (a)

the southern section of the beach from a point 50 metres south of the last pedestrian access way to a point 200 metres north of the Burrum River entrance; and

(b) the northern section of the beach from a point 50 metres north of the last residential allotment to the Theodolite Creek entrance. “Off leash exercise area” (Local Law No. 6, s3) 2B.

For the purposes of section 3 of the local law, the Woodgate Beach exercise areas are identified as an off-leash exercise area. PART 2 - KEEPING OF ANIMALS

Requirement to hold Permit (Local Law No. 6, s6) 3.

For the purposes of section 6 of the local law, permits are required for keeping the following types and/or numbers of animals. Dogs A permit is required to: keep a dog at any residential premises on, or which involves the use of, property held in common with others.

Isis Shire Council Local Law Policy 6 – Keeping and Control of Animals

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Isis Shire Council Local Law Policy No. 6 (Keeping and Control of Animals)

Examples include units and retirement villages where occupiers do not have an area of land under their exclusive possession and control. Keep any more than two (2) adult dogs on any land within the township as identified in Local Law Policy No. 1. Cats A permit is required to keep any more than three (3) adult cats on any land within the township as identified in Local Law Policy No. 1. Horses A permit is required to keep a horse (or horses) on an allotment of less than 6000 m2 Cattle A permit is required to keep cattle on an allotment of less than 6000m2 Sheep A permit is required to keep sheep on an allotment of less than 6000m2 Goats A permit is required to keep goats on an allotment of less than 6,000 m2 Deer A permit is required to keep deer on any land within the township as identified in Local Law Policy No. 1. Pigs The keeping of pigs is absolutely prohibited in land within the township as identified in Local Law Policy No. 1. Peacocks and Cockatoos

A permit is required to keep a peacock or a cockatoo within the township (as defined in Local Law No. 1) Poultry A permit is required to keep a rooster within the township of Apple Tree Creek, Childers, Woodgate, Cordalba, Buxton and Walkers Point as defined in Local Law Policy No. 1. Classes of animals for which a permit is not required. A permit is not required for the keeping of the following classes of animal:-


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a) b) c) d)

20 domestic birds; poultry not exceeding 15 in number; fish in domestic tanks; guinea pigs not exceeding 10 in number.

Birds (where kept for commercial breeding). A permit is required to keep more than 10 birds for commercial breeding purposes on any land in a Declared Town Area. Requirement to register animal (Local Law No. 6, s8) 4.

For the purposes of section 8 of the local law, the following animals must be registered with the local government:Dogs A dog over the age of three (3) months kept on land in the Township as identified in Local Law Policy No. 1. No more than two (2) adult dogs are permitted to be registered to any particular premises, unless the owner holds a permit to keep more than two (2) dogs. However, a dog is not required to be registered if it:(a)

is registered with another local government under a law comparable to the local law;

(b)

is being kept within the area for a period not exceeding 60 days; and

(c)

wears an identifying tag which identifies the other local government and the relevant registration number or other registration details.

The local government may refuse to recognise the exception stated above unless the keeper of the dog satisfies it as to paragraph (b) by, for example, providing a statutory declaration. Further, a dog is not required to be registered if it:(a)

is registered with the Greyhound Racing Control Board of Queensland; or

(b)

is registered with another local government which this local government has determined, by resolution, has reciprocal registration rights with the other local government.

The local government may refuse to recognise the exception (in paragraph (a) above) unless the keeper of the dog satisfies it by, for example, providing a statutory declaration. Obligation to register (Local Law No. 6, s9(2)) 5.

For the purposes of section 9(2) of the local law, the identifying tag for a registered animal must be of a material of a type supplied by the local government from time to time containing the registration number of the dog and indicating that it has been issued by the local


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government. The tag must be worn attached to a collar. Obligation to register (Local Law No. 6, s9(4)) 6.

For the purposes of section 9(4) of the local law, the grounds upon which the local government may grant an exception from the requirements to wear an identifying tag are as follows:Show dogs The keeper of a show dog may be granted a exemption from the requirement to wear an identifying tag. Such an exemption:(a)

is given by letter signed by the local government’s delegate;

(b)

may be granted only upon a keeper producing evidence (by way, for example, of statutory declaration), that the keeper has a bona fide belief that the affixation of a collar and identifying tag would adversely affect the dog's coat for show purposes;

(c)

will not be granted unless the dog is registered with the Canine Control Council and the keeper produces a certificate verifying such registration; and

(d)

may be withdrawn at any time by letter signed by the local government’s delegate.

Prohibition of Certain Animals (Local Law No. 6, s11) 7.

For the purposes of section 11 of the local law, the keeping of the following animals is prohibited. Dogs - prohibited breeds This section was amended on 20 April 2002. Refer to “Restricted Dog Legislation, Chapter 17A of the Local Government Act 1993, Part 17A of the Local Government Regulation 1994 and Part 7 of Chapter 19 of the Local Government Act 1993”. Dogs - caravan parks Keeping of any dogs in a Caravan Park within the Township (as defined in Local Law Policy No. 1) for more than three (3) days is absolutely prohibited. Roosters, Ostriches, Emus The keeping of any roosters, peacocks, ostriches and/or emus is absolutely prohibited on land having an area less than 4000m² or located within the township as identified in Local Law Policy No. 1. Horses, Donkeys, Cattle, Sheep, Goats and/or Deer The keeping of horses, donkeys, cattle, sheep, goats and/or deer is absolutely prohibited on land having an area less than 2000m². For the purposes of this policy, land means either a


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single allotment or several adjoining vacant allotments of an aggregate of not less than 2000m². Where a horse, donkey, cow, sheep, goat or deer is to be kept on more than one (1) allotment in order to obtain the benefit of this policy, the keeper of the horse, donkey, cow, sheep, goat or deer must obtain written permission from the owner or owners of the allotment or allotments upon which the horse, donkey, cow, sheep, goat or deer is to be kept, prior to allowing the horse, donkey, cow, sheep, goat or deer to be kept on those allotments.


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Poultry The keeping of poultry of a number exceeding fifteen (15) is absolutely prohibited on land having an area less than 10000m² located within the Township as identified in Local Law Policy No . 1. Prescription of minimum standards by local law policy (Local Law No. 6, s14) 8.

For the purposes of section 14 of the local law, the minimum standards to be complied with in relation to the keeping of animals (whether or not a permit or registration is required in respect of the animal) are as follows:(1)

All animals (a)

(2)

Cleanliness (i)

Waste waters from enclosures must be drained in a nuisance free manner or as directed by an authorised person.

(ii)

Any excreta, offensive material or food scraps must be collected at least once each day and placed into a fly proof approved type refuse receptacle for disposal.

(iii)

The keeper must comply with any requests or directions of an authorised person which are considered necessary to keep the enclosures free of nuisance.

Horses, Cattle and other animals of a similar size Where horses, cattle or other animals of a similar size are kept:(a)

they must be adequately identified so that the keepers name, address and telephone number are readily ascertainable.

(b)

an enclosure must be constructed to prevent any such animal from going within 10 metres of any dwelling (except any dwelling on the premises).

(c)

an enclosure must also be constructed to prevent any such animal from going within 10 metres of any premises (other than a domestic kitchen used solely for domestic purposes by the keeper of the animals) used for the manufacture, preparation or storage of food for human consumption, other than food contained in hermetically sealed packages.

(d)

an enclosure, which includes an open fenced area, must be sited a minimum distance of 2 metres from the premises boundaries (however, an exemption may be granted from compliance with this sub-paragraph (d) if the boundary fence is not less than 2 metres high and the occupiers of premises adjoining the boundaries state in writing that they have no objection).


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(3)

Sheep, Goats, Pigs and other animals of a similar size Where sheep, goats, pigs or other animals of a similar size are kept:-

(4)

(a)

they must be adequately identified so that the keepers name, address and telephone number are readily ascertainable.

(b)

an enclosure must be constructed to prevent any such animal from going within 10 metres of any dwelling (except any dwelling on the premises).

(c)

an enclosure must also be constructed to prevent any such animal from going within 10 metres of any premises (other than a domestic kitchen used solely for domestic purposes by the keeper of the animals) used for the manufacture, preparation or storage of food for human consumption, other than food contained in hermetically sealed packages.

(d)

An enclosure, which includes an open fenced area, must be sited a minimum distance of 2 metres from the premises boundaries (however, an exemption may be granted from compliance with this sub-paragraph (d) if the boundary fence is not less than 2 metres high and the occupiers of premises adjoining the boundaries state in writing that they have no objection).

Budgerigars, Canaries and other birds of a similar size Where budgerigars, canaries and other birds of a similar size are kept on premises:

(5)

(a)

They must be contained within an enclosed cage or aviary

(b)

The cage or aviary must not be sited closer than 2 metres from the property boundaries.

(c)

All seed and other food for the birds must be contained within a properly sealed and vermin proof container.

(d)

Cages and aviaries are to be thoroughly cleaned once per week.

Cockatoos, Galahs and other birds of a similar size Where cockatoos, galahs and other birds of a similar size are kept on premises: (a)

They must be contained within an enclosed cage or aviary

(b)

The cage or aviary must not be sited closer than 2 metres from the property boundaries.

(c)


(d)

Cages and aviaries are to be thoroughly cleaned once per week.


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(6)

Geese, ducks, chickens, roosters, turkeys and other poultry Where geese, ducks, chickens, roosters, turkeys and other poultry are kept on premises:

(7)

(a)

They must be contained within an enclosure

(b)

The enclosure must not be sited closer than 2 metres from the property boundaries.

(c)


(d)

Enclosures are to be thoroughly cleaned once per week.

(e)

The enclosure must be located at the rear of the premises behind the residence (if any) situated on the premises.

(f)

The enclosure must be constructed to prevent any such bird from going within 10 metres of any dwelling (except any dwelling on the premises).

(g)

The enclosure must also be constructed to prevent any such bird from going within 10 metres of any premises (other than a domestic kitchen used solely for domestic purposes by the keeper of the birds) used for the manufacture, preparation or storage of food for human consumption, other than food contained in hermetically sealed packages.

Pigeons Where pigeons are kept on premises they must be kept in accordance with any code of practice for the keeping of pigeons, which code of practice has been approved by the local government by resolution.

(8)

Bees Where bees are kept on premises: (a)

The bee hive must not be sited closer than 2 metres from the property boundaries.

(b)

The bee hive must be located at the rear of the premises behind the residence (if any) situated on the premises.

(c)

The bee hive must be located so that it is not within 10 metres of any dwelling (except any dwelling on the premises).


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(d)

(9)

The bee hive must also be located so that it is not within 10 metres of any premises (other than a domestic kitchen used solely for domestic purposes by the keeper of the bees) used for the manufacture, preparation or storage of food for human consumption, other than food contained in hermetically sealed packages.

Greyhounds Where greyhounds are kept on premises: (a)

They must be adequately identified so that the keepers name, address and telephone number are readily ascertainable.

(b)

They must be kept in accordance with the code of practice for the keeping of greyhounds adopted by the Greyhound Racing Control Board of Queensland.

Criteria for granting permits & Conditions of permits (Local Law No. 6, s16 and s17) 9.

For the purposes of sections 16 and 17 of the local law, the factors which the local government may have regard to when granting permits and the conditions which will ordinarily be applied to permits are as follows:(1)

Application for permit for three dogs A permit to keep three dogs on premises will only be granted where the premises and the applicant comply with the following criteria/requirements:-

(2)

(a)

the premises must be appropriately sized so as to be capable of effectively and comfortably housing the three dogs;

(b)

a dwelling must exist on the premises;

(c)

the premises must be provided with an enclosure complying with section 24 of the local law; and

(d)

there exists compassionate grounds for the granting of a permit.

Conditions of permit to keep three dogs A permit to keep three dogs on premises will be subject to the following conditions (unless the local government otherwise determines):(a)

the permit applies only to the particular dogs identified in the application.

(b)

if one or more of the dogs identified in the application departs the premises the subject of the permit, the permit shall be deemed to have lapsed.

(c)

the keeper must take all measures necessary to ensure that no noise nuisance is caused by the persistent barking, howling or whining of any dog;


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(3)

(d)

all kennels, if provided, must be sited at the rear of the residence and kennels, runs and exercise yard shall be set back a minimum of 3 metres from side and rear boundaries and not closer than 15 metres from any dwelling (other than the dwelling existing upon the premises stated in the application) in existence at the time of the application;

(e)

drainage and run off from kennels must be confined to the premises;

(f)

waste material and dog faeces must be removed daily and be disposed of in an approved manner;

(g)

dog accommodation and enclosure areas must be thoroughly cleansed and disinfected on a regular basis to the satisfaction of an authorised person;

(h)

all facilities related to the keeping of dogs on the premises are to be maintained structurally adequate and in an aesthetically acceptable condition; and

(i)

breeding of the dogs is absolutely prohibited.

Application for permit for four (4) cats A permit to keep four (4) cats will only be granted where the premises and the applicant comply with the following criteria/requirements:-

(4)

(a)

the premises must be appropriately sized so as to be capable of effectively and comfortably housing four cats;

(b)

a dwelling must exist on those premises;

(c)

the premises must be provided with an enclosure complying with section 24 of the local law; and

(d)

there exists compassionate grounds for the granting of the permit.

Conditions of permit for four cats A permit to keep four cats will be subject to the following conditions (unless the local government otherwise determines):(a)

if one or more of the cats identified in the application departs the premises the subject of the permit, the permit shall be deemed to have lapsed; and

(b)

the breeding of the cats is prohibited.


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(5)

Conditions of permit for other animals Unless otherwise specifically provided in the permit, the keeper must keep the animal or animals the subject of the permit in accordance with the applicable minimum standards prescribed by this local law policy.

Permit to keep one or two animals on any land A permit to keep one or two animals on any land will only be granted where the land and the applicant comply with the following criteria/requirements:(1)

the applicant is to reside on the land;

(2)

an enclosure is to be constructed confining the animal or animals to a specified area of the land, which area is to be determined by an authorised person of the local government in consultation with the applicant; and

(3)

the area allocated for the enclosure will be located away from habitat areas or habitat corridors.

(4)

unless otherwise specifically provided in the permit, the keeper must keep the animal or animals the subject of the permit in accordance with the applicable minimum standards prescribed by this local law policy PART 3 - CONTROL OF ANIMALS

Prohibition or regulation of certain animals upon parks, reserves, town reserves and lake foreshores and beaches (Local Law No. 6, s23) 10.

The Local Government has not prohibited any animals or prescribed any conditions upon which a person may bring an animal onto a park, reserve, foreshore or beach under the control of the Local Government under section 23 of the local law.

Duty to provide proper enclosure (Local Law No. 6, s24) 11.

For the purposes of section 24 of the local law, a proper enclosure is a suitably fenced area of the premises upon which the animal is kept, appropriately sized so as to be capable of effectively and comfortably housing the animal, so as to effectively enclose the animal upon such premises at all times to the satisfaction of an authorised person of the local government. In the above standards, "suitably fenced" means enclosed by a fence:(1)

(a)

constructed of strong and firm materials and designed in such a way as to, in the opinion of an authorised person, prevent the animal from escaping over or under the fence; and

(b)

in which any gates forming part of the enclosure are kept closed and latched except when in actual immediate use.


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(2)

In relation to dangerous dogs, in addition to the above requirements, the enclosure must:(a)

have self closing and self latching gates;

(b)

not include any driveway gates or other types of vehicle entry gates; and

(c)

if it includes any other type of perimeter entry gate or gates, such gate or gates must be locked.

Declared dangerous dogs (Local Law No. 6, s27) 12.

For the purposes of section 27 of the local law, the specified action that may be ordered to be taken by the keeper of a dangerous dog is any one or all of the following:(1)

upon receipt of the order, to immediately bring the dog under the keeper's effective control, to keep the dog in an enclosure approved by an authorised person and to take such measures and do all such acts as may be required by the authorised person or, in any event, as may be necessary, to prevent the dog from escaping from the land upon which the dog is kept;

(2)

within 48 hours of receipt of the order, to display conspicuously at all times on each entrance into the land upon which the dog is kept, a notice in white lettering on a black background, not less than 50mm in height and readily legible with the words:"BEWARE OF THE DANGEROUS DOG"; and

(3)

upon receipt of the order, to comply in full with each of the remaining conditions (if any) relating to the keeping of the dog, set out in the order.

Guard dogs (Local Law No. 6, s30) 13.

For the purposes of section 30 of the local law, the specified action which occupiers of land (to which section 30 applies) must take is:(1)

(2)

keep the dog in an enclosure approved by an authorised person and take such measures and do all such acts as may be required by the authorised person or, as the case may be, as may be necessary, to prevent the dog from escaping from the land upon which it is kept; display conspicuously at all times on each entrance into the land upon which the dog is kept, a notice in white lettering on a black background, not less than 50mm in height and readily legible with the words:"BEWARE - DANGEROUS GUARD DOGS"; and

(3)

ensure that the dogs on the land are under effective control (as defined in the local law) at all times that the land is open to access by the public.


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PART 4 - DEAD AND DISEASED ANIMALS Dead and diseased animals 14.

Part 4 of the local law deals with dead and diseased animals but involves no policy requirement. 1

PART 5 - IMPOUNDING OF ANIMALS Operations of animal pound (Local Law No. 6, s35) 15.

1

For the purposes of section 35 of the local law:(1)

The animal pound will be open for the reception and release of animals on Monday to Friday (inclusive) between the hours of 9.00am to 12noon and 1.00pm to 4.00pm.

(2)

The types of animal which will be accepted at the pound (other than pursuant to an impounding under the local law) are:(a)

dogs;

(b)

horses;

(c)

cattle.

(3)

The time for the sale of animals from the pound is Friday at 1.00pm.

(4)

The fee to be paid in relation to the impounding of animals are determined by local government resolution from time to time and are to cover the following matters:(a)

fee for impounding an animal;

(b)

fee for keeping an animal sustained (daily rate);

(c)

fee for release of impounded animal;

(d)

fee for sale of impounded animal;

(e)

fee for disposal of impounded animal.

This local law policy follows the structure of the local law. The headings to the parts of the local law policy are substantially the same as the headings to the parts in the local law. This part and section are included to maintain the relationship of the numbering sequence so that the part number in this local law policy is the same as the part number in the local law.


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Sale and disposal of impounded animals (Local Law No. 6, s41(1)(b)) 16.

For the purposes of section 41(1)(b) of the local law, the animals specified are all animals other than horses, cattle and sheep. PART 6 - DESTRUCTION ORDERS

Destruction at request of keeper (Local Law No. 6, s47(2)) 17.

For the purposes of section 47(2) of the local law, the procedure, for accepting animals seized by an authorised person pursuant to section 47(1) of the local law are as follows:(1)

An animal will only be accepted for disposal by an authorised person if it is the subject of a formal complaint.

(2)

The keeper must complete an indemnity form authorising the authorised person to dispose of the animal.

(3)

The authorised person accepting the animal for disposal is to obtain a polaroid photograph of the animal with its keeper.

(4)

The keeper is to pay the prescribed disposal fee at the time the animal is handed to the authorised person.

(5)

Details of transaction are to be recorded in the impounding register by the Pound Keeper (or other delegate of the local government).

(6)

Keepers who change their minds before their animal is destroyed may reclaim their animal, however the disposal fee may be forfeited. If a dog, which is being reclaimed, is not registered, the due registration fee is to be paid before the dog is released to its keeper.

(7)

PART 7 - MISCELLANEOUS Sale of animals (Local Law No. 6, s48) 18.

(1) For the purposes of section 48 of the local law, the conditions to be complied with by persons who offer animals for sale are as follows:(a)

(b) (c)

the pet shop must not be situated alongside premises used for the preparation or sale of food for human consumption and must not share an air conditioning system with any such premises; the situation and nature of the premises must be such that they can be used as a pet shop without causing a nuisance to neighbouring properties; construction and fitout of the pet shop must comply with the construction standards for pet shops adopted by the Local Government from time to time (unless the standards are modified or relaxed in a particular case by the Council’s delegate);

(2) A permit to use land as a pet shop will be subject to the following conditions (unless the Local Government’s delegate otherwise determines due to exceptional circumstances in a particular case):


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(a)

The holder of the permit must: (i) (ii) (iii) (iv) (v) (vi) (vii)

provide accommodation and equipment which suits the physical and behavioural requirements of animals held; provide protection for animals from adverse natural or artificial environmental conditions, other animals and interference from humans; provide sufficient quantities of appropriate food and water to maintain food health; provide prompt veterinary or other appropriate treatment in cases of disease or injury; maintain hygiene including vermin and pest control of the premises and health of the animals held; ensure no public health nuisances are perpetrated from the pet shop; supervise daily feeding, watering and inspection of animals adequate to ensure their welfare.

Enclosures (b)

Enclosures must be provided and maintained in such a manner as to: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii)

be cleaned and in a sanitary condition; prevent any creature/animal from escaping from the premises; be kept within the curtilage of the pet shop; not become deteriorated; avoid injury of the creature/animal or interference by unauthorised persons; permit regular checking of all internal and all external surfaces and regular checking of creatures/animals within; be impervious and able to be easily and readily cleaned and effectively disinfected; ensure the comfort of animals and prevention of disease except aquaria.

(c)

Enclosures must be sprayed or dusted with insecticide or larvicide or disinfectant to the manufacturer’s instructions, for the purpose of fly, insect and/or disease control. Animals must be removed prior to the application of the said insecticide, larvicide or disinfectant.

(d)

Enclosures, except aquaria, must be treated with effective and appropriate disinfectants at least once/week.

(e)

Enclosures must be cleaned and disinfected and, if necessary, insecticide or larvicide before the introduction of replacement creatures/animals.


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Collection and Disposal of Waste Waters, Manure and Refuse (f)

Waste waters from animals from washing down of floors, surfaces, enclosures, fish tanks etc. must be collected and drained on to an industrial type grease trap or into adequate sub-surface disposal trenches or some other method approved by an authorised person.

(g)

Manure and offensive matter is to be cleaned up at least once each day wrapped in newspaper and then placed forthwith into a fly-proof covered receptacle approved by an authorised person. The receptacle must be collected from the premises daily and the contents disposed of in an approved manner.

Storage and Dispensing of Feed (h)

Feed must be stored in fly and vermin proof receptacles.

(i)

Feed and water contained used by the animals must be of impervious, smooth construction, non toxic and able to be easily cleaned and disinfected.

(j)

Feed that has spoiled or deteriorated must be removed and disposed of in an approved refuse container. Spilled feed must be immediately collected and disposed of in an approved refuse container.

(k)

Management of Diseased and Disposal of Dead Animals (l)

The permit holder must, upon discovering the existence of a dead animal, remove such animal to a lawful place of disposal.

(m)

If an animal (other than a fish) contracts or is suspected of contracting any disease, it must be isolated and the services or a veterinary surgeon engaged to treat it.

General Provisions (n)

The premises, including all surfaces such as walls, floors, ceilings, fixtures and fittings, are at all times to be kept clean and disinfected.

(o)

Animals must not be displayed or exposed for sale outside the pet shop.

(p)

Cloths, towels or material used in the pet shop must be maintained in a clean condition and washed in effective disinfectant.

(q)

The premises are at all times to be kept free or flies and vermin. Animals Not Permitted


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(r)

In addition to restrictions or prohibitions under any other law, the following animals must not be kept, held or sold at the pet shop: (i) (ii) (iii) (iv) (v) (vi)

Pigs; Horses; Cattle; Sheep; Goats; Animals believed to be diseased or showing signs of sickness.

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