Keeping of Animals, Poultry and Bees

Scope

The purpose of this chapter of the Bylaw is to set out the requirements for the keeping of animals, poultry and bees in urban and business areas, as defined by the District Plan.

These requirements do not generally apply in other than urban and business areas excepting that any animals or poultry kept on any site throughout the District are expected to be contained within the property of the owner. In some instances, distance and the area of the property involved will provide adequate containment.

These requirements are deemed necessary for the protection of the amenities and for public safety.

1801 Containment of animals and poultry

1801.1 Any animal and any poultry kept on any property within the District shall be effectively contained or restrained within the property of the owner by fence, tether, pen, run or cage so as to prevent such animal or poultry straying onto any neighbouring property or onto any road or public place. Effective measures must be taken to ensure stock do not damage or eat other persons’ trees, shrubs or vegetation. This clause shall not apply to domestic cats.

1802 Pig keeping

1802.1 Except in accordance with the District Plan and/or a resource consent under the Resource Management Act 1991 no person shall keep or allow to be kept any pig in the Waimate District. A pig or pigs shall not be kept in any urban zoned area.

1803 Stock in urban areas

1803.1 Any person keeping stock in an urban area of Waimate District shall ensure that premises where stock are kept meet the provisions of the First Schedule of this chapter of the Bylaw.

1804 Poultry keeping

1804.1 In areas other than those zoned rural no poultry caged or otherwise (which shall include geese, ducks, pigeons, turkeys, and domestic fowls of all descriptions) shall be kept except in a properly constructed poultry house covered in with a rainproof roof and provided with a floor of concrete or other approved material with a surrounding nib wall, to which may be attached a poultry run.

1804.2 Every poultry house shall be constructed in the manner required by this chapter of the Bylaw and as required by the provisions of the Building Act 2004.

1804.3 No poultry house or poultry run shall be erected or maintained any part of which is within 10 metres from any dwelling, factory, or any other building, whether wholly or partially occupied, or within 5 metres of the boundary of adjoining premises, or such greater distance as may be required under the provisions of the District Plan.

1804.4 Every poultry run of whatever size shall be so enclosed as to confine the poultry within such poultry run which may be mobile.

1804.5 No more than 12 head of poultry shall be kept on an urban property (see 1804.6 for exclusions).

1804.6 The keeping of roosters and peacocks is only allowed, subject to written consent of Council. The consent will be at the pleasure of Council and may contain specific conditions regarding the consent.

1805 Noise from animal, bird, or poultry

1805.1 No Person shall keep within any premises any noisy animal, bird, or poultry which shall be or cause a nuisance to residents in the neighbourhood:

Provided that no proceedings shall be taken against any person for an offence under this chapter of the Bylaw until after the expiration of 14 days from the date of the service on such person of a notice alleging a noise nuisance given by Council after receipt by it of a complaint, signed by not less than three householders residing within hearing of the animal, bird or poultry causing the alleged nuisance.

1805.2 Animals, birds or poultry shall be kept only in conditions and such manner or numbers which do not cause or have the potential to cause nuisance.

Where Council considers the keeping of animals, birds or poultry is in such numbers or conditions to be a nuisance, or have the potential to cause nuisance, it may restrict the numbers or require complete removal of any animals, birds or poultry.

1806 Beekeeping

1806.1 In areas, other than those zoned rural in the District Plan, persons keeping bees must ensure no nuisance is caused to neighbours by those bees.

1806.2 Where Council considers a hive to be dangerous, offensive or likely to be injurious to any person it may require the removal of such a hive.

1806.3 Beekeepers shall have regard to associated Biosecurity legislation current at the time.

1807 Non-compliance

If there is non-compliance with any of the Council requirements, animals or stock may be required by a Council officer to be removed from the property.