Manawatu District Council Dog Control Bylaw 2014 Contents

Manawatu District Council Dog Control Bylaw 2014 Contents 1. Preliminary Provisions... 2 2. Purpose... 2 3. Commencement... 2 4. Interpretation and Definitions... 2 Part One - Dogs in Public Places... 4 5. General Controls... 4 6. Exemption for Certain Dogs... 4 7. Disability Assist Dogs... 4 8. Dogs in Vehicles... 5 Part Two - Keeping of Dogs... 6 9. Number of Dogs on Property... 6 10. Dogs to be kept Minimum Distance from Boundary... 6 11. Exemptions... 6 12. Requirement to Provide Exercise... 7 13. Standards for the Accommodation of Dogs... 7 14. Dog Feeding... 7 15. Bitch in Season to be Confined... 7 16. Responsibility to Remove Faeces... 7 17. Diseased Dogs... 7 18. Dogs becoming a Nuisance or Injurious to Health... 7 19. Dog not Kept under Proper Control... 8 20. Dogs Classified as Menacing or Dangerous must be Neutered... 8 21. Notice of Neutering shall be Given... 8 22. Dog and Owner Education... 8 Part Three - Fees... 10 23. Fees and Charges... 10 Part Four - Enforcement... 11 24. Dog Control... 11 25. Seizure of Dogs in Public Places that are in Contravention of the Bylaw... 11 26. Non-Compliance with Bylaw... 11 27. Offences and Penalties... 11 28. Repeals, Savings and Transitional Provisions... 11 Schedule 1 Prohibited Public Places... 13 Schedule 2 Dog Exercise Areas... 15

Manawatu District Council Dog Control Bylaw 2014 1. Preliminary Provisions 1.1. This Bylaw is the Manawatu District Council Dog Control Bylaw 2014. 1.2. This Bylaw is made under the: Local Government Act 2002; Dog Control Act 1996; (c) Impounding Act 1955; and 2. Purpose (d) Sections 29 and 64 of the Health Act 1956. 2.1. The purpose of this Bylaw is to give effect to the Dog Control Policy 2014 by prescribing minimum standards for the Keeping and control of dogs so as to ensure this activity does not create a Nuisance or become a threat to public health and safety. 3. Commencement 3.1. This Bylaw comes into force on 1 November 2014. 4. Interpretation and Definitions 4.1. The provisions of the Manawatu District Explanatory Bylaw 2014 and its amendments are implied into and form part of this Bylaw. 4.2. In this Bylaw, unless the context requires otherwise: Act means the Dog Control Act 1996. Dog Exercise Area means a Public Place identified as a Dog Exercise Area in Schedule 2A of this Bylaw where dogs may be exercised at large without being controlled on a leash. Dog on Leash Area means an area identified as a Dog on Leash Area in Schedule 2B of this Bylaw where dogs must be controlled on a leash. Keeping and Kept includes owning, looking after, caring for, being in charge of, a custodian of, or in possession of a dog. Menacing Dog means as classified as such by section 33A of the Dog Control Act 1996. Neutered Dog means a neutered dog is one which has been castrated or spayed. It does not include a dog which has been vasectomised. Leash means a lead, which is capable of restraining the dog. Owner has the meaning given by the Dog Control Act 1996. Page 2

Explanatory Note: As at 1 November 2014, the Act provides in relation to any dog, means every person who-. (c) owns the dog; or has the dog in his or 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 is the parent or guardian of a person under the age of 16 years who: (i) (ii) is the owner of the dog pursuant to paragraph or paragraph of this definition; and is a member of the parent or guardian s household living with and dependent on the parent or guardian; (iii) but does not include any person who has seized or taken custody of a dog under the Act or any animal under the Animal Welfare Act 1999 or the National Parks Act 1980 or the Conservation Act 1987, or any order made under the Act, or the Animal Welfare Act 1999. Policy means the Manawatu District Dog Control Policy 2014. Probationary Owner means the same as under the Dog Control Act 1996. Prohibited Public Place means a Public Place identified as a Prohibited Public Place in Schedule 1 of this Bylaw where dogs are prohibited, except as may be provided for in this Bylaw. Under Control means, when referring to a dog, either controlled on a Leash, or controlled by voice command where the dog obeys the commands of its Owner without hesitation. Working Dog has the same meaning as under the Dog Control Act 1996. 4.3. Reference should be made to section 2 of the Manawatu District Explanatory Bylaw 2014 for any other definitions not included in clause 4.2. 4.4. Any explanatory notes are for information purposes only. They do not form part of this Bylaw, and may be made, amended, revoked or replaced by the Council at any time. 4.5. In addition, this Bylaw should be read in conjunction with, but not in replacement of the Policy or any review thereafter. Page 3

Part One - Dogs in Public Places 5. General Controls 5.1. Subject to the exceptions described in clauses 5.2 and 5.5, no Owner of any dog may cause or permit the dog to be on any Prohibited Public Place. 5.2. Where the only pedestrian access to the Owner s residence or a veterinary surgery is through a Prohibited Public Place, the Owner may lead the dog through the Prohibited Public Place provided that: the Owner and dog take the most direct route across the Prohibited Public Place, and the dog is Under Control on a Leash at all times. 5.3. The Owner of a dog (other than a dog classified as a dangerous dog) must ensure that the dog is Under Control within a Dog Exercise Area specified in Schedule 2A is not obliged to keep the dog on a Leash. 5.4. The Owner of a dog must ensure that the dog is under control on a Leash in any Dog Exercise Area specified in Schedule 2B as on-leash. 5.5. Where a dog is being exercised in a Dog Exercise Area that borders a Prohibited Public Place, the Owner may lead the dog through the Prohibited Public Place provided that: (c) there is no reasonable alternative access; and the Owner and dog take the most direct route across the Prohibited Public Place; and the dog is Under Control on a Leash at all times. 6. Exemption for Certain Dogs 6.1. Clause 5 does not apply in respect of: (c) Workings Dogs being used for that purpose; or Any dog completely confined in a Vehicle or cage; or any registered dogs taking part in a dog obedience class or exercise or competition organised by a club or association and conducted with the written consent of Council. 6.2. Clause 6.1 is subject to compliance with any reasonable condition imposed by the Council in relation to the entry of presence of the dogs in a Public Place. 7. Disability Assist Dogs 7.1. Notwithstanding anything in this Bylaw, any Disability Assist Dog accompanying and assisting a person with a disability or any person genuinely engaged in the dog s training may enter and remain: Page 4

in any Premises registered under regulations made pursuant to section 120 of the Health Act 1956; or in any Public Place: 8. Dogs in Vehicles subject to compliance with any reasonable condition imposed by the Occupier or person having control of the Premises or Public Place, as the case may be. 8.1. A Council Officer may require the Owner of any dog that is being carried in or on a Vehicle in a Public Place to remove the dog from the Public Place if the Council Officer considers the dog to be a Nuisance due to reasons of noise or aggressive behaviour. Page 5

Part Two - Keeping of Dogs 9. Number of Dogs on Property 9.1. Notwithstanding clause 9.2 and clause 11, no more than: two dogs; including one unspayed bitch may be kept on any Rateable Property less than 2,000 square metres in size. Explanatory Note: This clause applies whether or not the dogs on the premises have the same owner. 9.2. Where a Rateable Property is greater than 2,000 metres square in size, more than two dogs (including one unsprayed bitch) may be kept, but the Owner must comply with all the requirements of the Act. Explanatory Note: This clause does not supersede any requirements to obtain a resource consent as required by the Manawatu District Plan. 9.3. Clause 9.1 does not apply to: any dogs under the age of three months; or a veterinary, or the SPCA or similar registered charity. 10. Dogs to be kept Minimum Distance from Boundary 10.1. The Owner of any dog must not permit or allow the dog to be housed, confined or restrained within 1.8 metres of a boundary fence. 11. Exemptions 11.1. An Owner may apply to the Council for an exemption from the requirements of clauses 9 and 10 of this Bylaw. 11.2. The Council may grant an exemption for a specified duration under clause 11.1 provided that: there is insufficient space on the Rateable Property to house, confine or restrain the dog in accordance with clause 10.1; and the Occupier whose boundary adjoins the proposed area for housing, restraining or confining the dog does not object on reasonable grounds to the granting of an exemption, provided that such person may withdraw consent at any time if: (i) (ii) the dog is creating a Nuisance; or the Occupier sells their property. 11.3. The Council may attach to any exemption granted under this clause any terms or conditions it considers appropriate. The exemption holder must comply with any terms and conditions. Page 6

12. Requirement to Provide Exercise 12.1. The Owner of any dog must provide the dog with adequate exercise. 13. Standards for the Accommodation of Dogs 13.1. The Owner of any dog must provide adequate accommodation for the dog. 13.2. All dog kennels must be sited on a hard surface. 13.3. Where a dog kennel is not provided for a dog, it must have access to the interior of a building with an adequate sleeping area during the Hours of Darkness. 14. Dog Feeding 14.1. The Owner must provide the dog with: clean drinking water at all times; and adequate and suitable food at least once a day. 15. Bitch in Season to be Confined 15.1. The Owner of any bitch must keep the dog confined but adequately exercised while that dog is in season. 16. Responsibility to Remove Faeces 16.1. The Owner of any dog that defecates in a Public Place, or on land or Premises other than that occupied by the Owner, must immediately remove and dispose of the faeces in a way that does not cause a Nuisance. 16.2. Clause 16.1 does not apply to any dog herding or driving stock on a road where the dog is kept solely or principally for the purposes of herding or driving stock. 17. Diseased Dogs 17.1. The Owner of any dog suffering from an infectious disease or condition shall not take that dog into any Public Place or permit it to wander free on any private land or Premises or on any Public Place. 18. Dogs becoming a Nuisance or Injurious to Health 18.1. If in the opinion of Council, the Keeping of any dog or dogs on a Premises is, or is likely to become: (c) a Nuisance; injurious; or hazardous: to the health, property or safety of any person, then Council may, by notice in writing, require the Owner or Occupier of the Premises, to do all or any of the following: reduce the number of dogs kept on the Premises; Page 7

(c) (d) alter, reconstruct or otherwise improve the accommodation for the dogs; require such dogs to be restrained or otherwise confined with appropriate fencing of the Premises; or take such other measures as may be considered necessary by the Council to reduce the effects listed in sub-clauses to (c) above. 18.2. Compliance with a notice under clause 18.1 must take place within the time specified in such notice, not being less than 14 days. 19. Dog not Kept under Proper Control 19.1. The Owner must ensure that no dog is allowed to roam free or be at large on any private land or Premises without the express or implied permission of the Occupier or the person in charge of the land or Premises. 19.2. The Owner of any dog not Kept Under Control may be served written notice by the Council requiring the owner to: complete a dog obedience course approved by the Council at the Owner s expense; and supply satisfactory evidence of completion of the dog obedience course to Council within a time period specified in the notice. 19.3. It is irrelevant for the purposes of this clause whether the Owner of the dog has been convicted of an offence under section 53 of the Act (failing to keep a dog under control). 20. Dogs Classified as Menacing or Dangerous must be Neutered 20.1. Every dog classified by the Council as Menacing under sections 33A or 33C of the Act or any dog classified as Menacing which is transferring to the District must, if required by the Council, be neutered as per section 33E of the Act. 20.2. Every dog classified by the Council as dangerous under section 31 of the Act must be neutered in accordance with section 32(1)(c) of the Act. 21. Notice of Neutering shall be Given 21.1. Where a dog is required to be neutered under clause 20 of this Bylaw, the Owner will be notified in writing of the requirement. The notice shall specify the date by which the dog shall be neutered, being not less than 14 days from the issue of the notice. The notice shall be served in accordance with the Act. 22. Dog and Owner Education 22.1. If a person is classified as a Probationary Owner, the Council will require the person to undertake a dog owner education programme or a dog obedience course, at his or her own expense in accordance with the Policy. 22.2. Any Probationary Owner required to undertake dog owner education will be notified in writing of the obligation by Council. Page 8

22.3. A Probationary Owner may apply to the Council for termination of his or her classification as a Probationary Owner six months after completion of the dog owner education programme or dog obedience course provided that: the Owner supplies satisfactory evidence of completion of the dog owner education programme or dog obedience course; and the Owner has not committed any further offences or infringements to which this Bylaw or the Act applies. 22.4. The Council may grant an application under clause 22.3 of this Bylaw after taking into account all reasonable circumstances, including sections 4 and 5 of the Act. Page 9

Part Three - Fees 23. Fees and Charges 23.1. Fees and charges may be set for any activity the Council reasonably undertakes in relation to the administration and regulation of dogs, including fees for: Registration of Neutered/Spayed dogs; Registration of Working Dogs/Selected Owners General Registration of dogs under the Act. Registration of Dangerous and Menacing dogs classified under the Act; Replacement tags; Applying for selected owner status; Applying to keep more than two dogs; Impounding; The collection of stray dogs; The release of dogs; Poundage (or housing and/or holding dogs); Sustenance. Explanatory Note: This clause should be read in conjunction with clause 9 of the Manawatu District Explanatory Bylaw 2014. Page 10

Part Four - Enforcement 24. Dog Control 24.1. Owners must read and fully comply with their obligations under: the Act; and the Manawatu District Council Dog Control Policy. 25. Seizure of Dogs in Public Places that are in Contravention of the Bylaw 25.1. A Council Officer may seize and impound any dog at large in a Public Place in contravention of this Bylaw, whether or not the dog is wearing a registration tag in accordance with the Act. 26. Non-Compliance with Bylaw 26.1. The Council may use its powers under the Act and the Local Government Act 2002 to enforce this bylaw. 27. Offences and Penalties 27.1. Every person who breaches this bylaw commits an offence and is liable to pay: the maximum fine set out in the Local Government Act 2002; (c) any other penalty pursuant to the Act; and any other penalty specified in another Act for the breach of that bylaw. Explanatory Note: This clause should be read in conjunction with clauses 13, 14 and 15 of the Manawatu District Explanatory Bylaw 2014. 27.2. In addition to the penalties and fines set out in the Local Government Act 2002 and the Manawatu Explanatory Bylaw 2014, any person who breaches the Bylaw may be issued with an infringement notice and be liable to the amount prescribed under Schedule 1 of the Act. 28. Repeals, Savings and Transitional Provisions 28.1. Chapter 5 of the Manawatu District Bylaw 2008 is repealed on commencement of this Bylaw. 28.2. Every consent, exemption or approval granted under Chapter 5 of the Manawatu District Bylaw 2008 that was in force immediately before the commencement of this Bylaw, continues in force as if it is a consent, exemption or approval of that kind issued under this Bylaw, but: (c) expires on the date specified in that consent; or where no expiry date is specified, expires 12 months from the commencement of this Bylaw; and may be renewed only by application made and considered in accordance with this Bylaw. Page 11

This Bylaw was made by the Manawatu District Council by resolution at a Council meeting on 16 October 2014 and must be reviewed within 5 years. Sealed with the Common Seal of the MANAWATU DISTRICT COUNCIL in the presence of: Mayor Chief Executive Page 12

Schedule 1 Prohibited Public Places Dogs are prohibited in the following Public Places: Feilding* Aorangi Street between Eyre and Hobson Street Bowen Street full extent Manchester Street from its intersection with Hobson Street to the Feilding sale yards Stafford Street whole length Fergusson Street from its intersection with Aorangi Street to its intersection with Warwick Street Goodbehere Street whole length MacArthur Street whole length Manchester Square including the whole of the gardens contained therein Kimbolton Road from its intersection with Aorangi Street to its intersection with Warwick Street Manfeild Park skateboard area Kowhai Park the entire park Victoria Park playing fields Vista Drive children s playground Timona Park entire area of children s playground, and the playing fields Makino Park entire park area Johnston Park playing fields Rimu Park playing fields Sanson Himatangi Beach Kimbolton Other Places Dundas Road from Burt Street to Cemetery Road Sanson Domain when playing fields used for organised sports Beach all parts of the foreshore within 400 metres of the Kaikokopu Stream, except that dogs on a leash may pass through the area to any undesignated area Children s playground entire area Kimbolton Domain entire area Kimbolton Reserve entire area Mt Lees Reserve entire area including bush walk Totara Reserve Regional Park the entire area including camping ground and bush walks Coles Bush entire area Page 13

Vinegar Hill Reserve entire area during the period Labour Weekend to Easter Halcombe Domain children s play area Te Kawau Park, Rongotea children s playground Recreation St, Tangimoana children s playground Beaconsfield Domain (Old school grounds) Cemeteries all Council controlled cemeteries in the District; Feilding Cemetery Halcombe Cemetery Kimbolton Cemetery Pohangina Cemetery Rongotea Cemetery Sanson Cemetery Waituna West Cemetery Rangiwahia Cemetery * Map of Feilding CBD areas that dogs are prohibited Page 14

Schedule 2 Dog Exercise Areas Dogs are permitted unleashed, but Under Control, in the following areas: Feilding Other Places Timona Park along the riverbank and the edges of the park Manfeild Park whole park except for the skateboard area and playground, but not when the park is being used for an authorised activity Railway land along both sides of the railway corridor through Feilding Valley Road Lookout entire reserve Mt Stewart Reserve entire reserve Bartletts Ford Reserve entire reserve, except that when stock are grazing the reserve dogs must be on a leash Menzies Ford Reserve entire reserve, except that when stock are grazing the reserve dogs must be on a leash Londons Ford Reserve entire reserve, except that when stock are grazing the reserve dogs must be on a leash Rangiwahia Reserve entire reserve, except that when stock are grazing the reserve dogs must be on a leash Raumai Reserve entire reserve Pohangina Reserve old school site, except play area and swimming pool Rewa old school recreation grounds Pakihikura Reserve old school grounds Vinegar Hill Reserve entire area except during the period Easter to Labour Weekend Sanson Domain except when playing fields used for organised sports. Page 15

Schedule 3 Dog on Leash Areas Dogs are permitted in the following locations on a Leash: Feilding Other Places Victoria Park around the edges, but not on the playing fields. Kitchener Park entire reserve Almadale Reserve entire reserve, and all Public Places not identified in Schedule 1 (eg roads and town streets) or Schedule 2 of this Bylaw. Page 16