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1 ANNUAL REPORT ON THE ADMINISTRATION OF WHAKATĀNE DISTRICT COUNCIL POLICY AND PRACTICES IN RELATION TO THE CONTROL OF DOGS FOR THE YEAR 1 JULY 2015 TO 30 JUNE INTRODUCTION The Council applies the Whakatane District Council Policy on the Control of Dogs 2012, when administering its policy and practices for the control of dogs. The 2012 Policy has provisions relating to the control of dogs in public places, exercise areas and prohibited areas, as well as leash requirements, all of which are enforceable under the Whakatane District Council Dog Bylaws. Signage is placed around towns identifying owner responsibilities when entering certain areas such as exercise and prohibited areas. For example, owners are asked to pick up after their dogs; and dogs are prohibited in Kiwi Zoned areas. Currently, the Council employs the equivalent of four full-time staff that has a total of 89 years of animal control experience. The Animal Control team work with a number of key stakeholders in the community, including SPCA, local veterinarians, the Department of Justice and the Police. Services are provided 24 hours a day, seven days a week, with an after-hours contractor employed to handle situations outside of normal working hours. All dog attacks are responded to by trained Officers. 2 GENERAL 2.1 Education The Council has an education programme on safety around dogs which is available for delivery by staff to primary and intermediate schools. The focus is on educating the next generation of dog owners to understand their responsibilities. We also provide bite prevention seminars to high risk groups, such as meter readers, postal delivery workers, and district nurses as well as other groups who have a need to visit clients at their residence. We provide educational material to the public, utilising various media including our website, static displays, newspaper articles and radio broadcasts. 2.2 Registration Every person who is responsible for a dog over three months is required to register the dog on an annual basis. They must also advise the Council of any change of address or ownership of the dog. 6,059 dogs were registered at the end of the financial year (30 June 2016). The cost of registration is reviewed annually and set by Council resolution. The Council has a funding policy based on 70% of the dog control activity being for private benefit, while 30% is for wider public benefit. Hence, the aim is to recover through registration and other fees and charges, 70% of the total cost of this activity from dog owners. A Page 1 of 6
2 The Council's Animal Control team spend a large amount of time locating unregistered dogs. All dog owners are sent an initial registration form, followed by a reminder notice. Infringement notices are issued if the owner fails to register their dog. The uplifting and impounding of unregistered dogs is also an option that Council can take. 305 infringement notices were issued during the financial year ending 30 June Barking Dogs 332 complaints were handled by the Council in respect to barking dogs. These complaints were predominantly about continuous barking for long periods of time or continually at night. The Council's practice is to notify the owner that their dog is barking. This satisfies half of the complaints as owners are often not aware their dogs are barking when they are not at home. If further complaints are received, further discussion occurs and if necessary a survey of residents is carried out to establish if there is a wide spread problem. Then staff can suggest ideas for abatement. As a last resort, a request can be made for the dog to be removed from the property. 2.4 Roaming Uncontrolled Dogs The Council regularly finds dogs roaming at large unaccompanied and under no direct control. Staff handle more complaints for roaming dogs than for any other issue. Council impounded 653 dogs in the last financial year. If staff are unable to catch a roaming dog, they follow it home and speak to the owner. If a dog is seen out roaming a second time, an infringement notice is issued. Impounding and sustenance fees are charged for impoundments, and they are reviewed annually. 2.5 Dogs Defecating in Public Places Dogs foul private and public areas. It can be unsightly and a nuisance, and possibly a health risk. Doggy Doo bag dispensers are placed around exercise areas and are available at no charge. 2.6 Dogs Attacking or Biting People, Pets or Property In the last financial year, 275 complaints were received from members of the public about dogs attacking or displaying threatening behaviour. The team take a "zero tolerance" approach in dealing with this type of complaint. However, we are constrained by how far a victim wishes to pursue the issue. For majority of incidents, the victim may not want the Council to seek destruction of the dog, so the only option is to classify it as menacing or dangerous and place requirements on the owner. Those requirements cover such things as having the dog de-sexed, muzzled in a public place or when out of the enclosure and confined to a secured area of the property and increased in registration fees for those classified as Dangerous Court proceedings are initiated if the owner refuses to hand the dog over when the victim and the Council seek a destruction order for the dog. 2.7 Classification of Menacing or Dangerous Dogs Section 30A of the Dog Control Act 1996 prohibits the importation of any dog that belongs wholly or predominantly to one or more of the following breeds or types: Brazilian Fila Dog Argentino Japanese Tosa A Page 2 of 6
3 American Pit Bull Terrier All dogs in the above categories are automatically classified as menacing and at the end of the financial year, a total of 195 dogs are classified as menacing under breed specific legislation. Section 33A of the Dog Control Act 1996 allows Councils to classify dogs as menacing due to their action/deed. A menacing dog is one that may pose a threat to any person or livestock. At the end of the financial year, 35 dogs were classified as menacing due to action/deed. Menacing dogs must not be at large or in any public place without being muzzled. The Council also requires the de-sexing of menacing dogs that have been classified due to deed. The number of dogs classified as menacing during the financial year was 7. In total, there are 230 dogs classified as menacing Dangerous Dogs A dog is classified as dangerous if it has been involved in an attack on a person, stock, poultry, domestic animal, or protected wildlife. Not all victims or animal owners whose animals have been attacked by dog/s want the offending dog destroyed. If this is the case, then the only action for Council is to classify the dog as Dangerous. Dangerous dogs must be kept within a dog proof enclosure within the property and muzzled at all times when out of that enclosure. The dog also has to be neutered as well as owners having to pay increased registration fees. During the 2015/16 financial year 7 dogs were classified as dangerous taking the overall Dangerous Dog classification number to Exercise and Prohibited Areas Dogs require exercise. However, there is often a conflict between dog owners and non-dog owners. It is therefore important to identify areas where it is appropriate for dogs to be at any time or on some occasions. There should also be reasonable provision made for areas where dogs can be exercised on a leash or under control but unleashed. In setting up "Exercise and Prohibited Areas", the Council had a mandatory obligation under the Dog Control Act 1996 to have regard to the exercise and recreational needs of dogs and to minimise danger, distress and nuisance to the community generally. A definition of control is given in the Bylaw as well as maps identifying "Exercise Areas" and "Prohibited Areas. This was done prior to establishing and finalising the Dog Control Bylaw. Areas are monitored, including Ohope Beach where beach patrols are conducted. Prohibited areas include Kohi Point, Mokorua Gorge and the Bird Walk (kiwi-zoned areas). Prohibited Dogs The prohibition does not apply to dogs assisting a person with a disability or under training to do so. 2.9 Infringement Notices Issued The number and type of infringement notice issued for the 2015/16 financial year is listed below: Attacked /rush birds 1 Attacked/rush domestic animal 8 Attacked /rush person 1 A Page 3 of 6
4 Attacked /rush stock 1 Roaming 26 Effects of Dangerous dog 1 Non-registration 305 Failure to control or contain 19 Provided false information re dog 1 Dog taken into prohibited areas 0 Failure to implant microchip 1 Insufficient shelter 0 Wilful obstruction 0 Menacing dog effects not complied with 8 Off lead 1 Refused to supply information 1 Roamed on private property 3 Roaming attack 12 Roaming/Rush in public place 13 Rushing private property 6 Fouling 1 Disqualified owner 0 Prohibited area 0 Failure to notify change of owner 0 TOTAL SUMMARY OF ACTIVITIES Listed below is a breakdown of the Council's activities as required by the Department of Internal Affairs: A Page 4 of 6
5 Description For period 1 July 2014 to 30 June 2015 For period 1 July 2015 to 30 June 2016 Number of registered dogs in the Whakatane District Number of probationary owners discretionary 0 0 Number of disqualified owners 0 0 Number of dogs classified as Dangerous by Owner Conviction under s31(1)(a) Number of dogs classified as Dangerous by Sworn Evidence under s31(1)(b) Number of dogs classified as Dangerous by Owner Admitting in Writing under s31(1)(c) Total menacing dogs Number of dogs classified as Menacing under s33a (a)(b)(i), e.g. by behaviour Number of dog-related complaints received and nature of the complaint: Barking Attack/aggression At large/wandering Restricted area 7 26 Failing to remove faeces Other nuisance SUMMARY Councils approach in dealing with unregistered dogs has been more sympathetic to personal circumstances and situations and this has helped increase the number of dogs registered, although the total does fluctuate year to year. It appears that people considering ownership of a dog are thinking about the responsibility of ownership before committing to a period of ten-plus years. The Council's overall approach will continue to focus on compliance rather than enforcement. A Page 5 of 6
6 Further educational initiatives are being introduced by the Whakatāne District Council with the most recent being the appointment of an educational officer. We are offering safety around dogs presentations to organisations that have staff who visit residential premises. Graeme Lewer MANAGER COMMUNITY REGULATION 21 July 2016 A Page 6 of 6
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