770GOVERNMENT GAZETTE, WA 24 January 2017

770 GOVERNMENT GAZETTE, WA 24 January 2017 (2) A person contravenes subclause (1) where the large animal or dog is secured or tethered for a period exceeding 1 hour. 5.2 Prohibitions relating to Large Animal (1) In subclause (2), “owner” in relation to a large animal includes— (a) an owner of it; (b) a person over the age of 16 years in possession of it; (c) a person over the age of 16 years who has control of it; and (d) a person over the age of 16 years who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of a large animal must not— (a) subject to subclause (2) (e), allow the large animal to enter or remain for any time on any thoroughfare except for the use of the thoroughfare as a thoroughfare and unless it is led, ridden or driven; (b) allow a large animal which has a contagious or infectious disease to be led, ridden or driven in a public place; (c) train or race the large animal on a thoroughfare; (d) ride, drive, lead or bring a large animal onto any reserve, park or foreshore, unless that person does so under a permit or under the authority of a written law; or (e) ride, drive or lead any large animal onto, or over any lawn or garden planted or maintained in any thoroughfare, unless that person does so under a permit or under the authority of a written law. 5.3 Livestock Not to Stray A person in charge of livestock must not permit that livestock to stray or to be at large in a street, public place or upon private property without the consent of the property owner. 5.4 Property to be Fenced The owner or occupier of a property on which livestock is kept, must cause the property or a portion of the property to be fenced in a manner capable of confining the livestock to that portion where the livestock is kept. 5.5 Livestock may be impounded (1) An Authorised Person may impound livestock found at large or straying in contravention of clause 5.3. (2) Impounded livestock must be placed in— (a) a pound established and maintained by the local government; or (b) a secured portion of private property with the consent of the property owner. (3) The owner of impounded livestock must pay the impounding and maintenance fees determined by the local government prior to the recovery of any impounded livestock. (4) Where impounded livestock are not reclaimed within 3 days, and the local government has made all reasonable endeavors to contact the owner of the livestock, the local government may sell or otherwise dispose of the impounded livestock as it deems appropriate. 5.6 Fouling of Streets and Public Places Any person liable for the control of livestock who permits that livestock to excrete on any public place or on any land within the local government without the consent of the occupier of that land commits an offence unless the excreta is removed forthwith and disposed of either on private land with the consent of the occupier or in such other manner as the local government may approve. 5.7 Keeping of Large Animals An owner or occupier of premises must— (a) not keep a large animal on any land less than 2000m2 in area; (b) not permit any large animal to approach within 10m of a habitable room, shop, church or any premises where food is stored, manufactured or sold. 5.8 Keeping a Miniature Horse (1) An owner or occupier of a premises may keep a sterilised miniature horse on land of not less than 1000m2 in area, provided it is registered with the local government and the approved annual registration fee is paid. (2) An owner or occupier of premises must— (a) not keep more than one miniature horse on land zoned residential, without the written approval of the local government; and (b) not permit a miniature horse within 10m of any house. (3) The local government may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 5.9 Keeping of Pigs (1) Except for a miniature pig, a person must take reasonable measures to not keep a pig or pigs on any land in the district.