3370GOVERNMENT GAZETTE, WA 8 August 2016

3370 GOVERNMENT GAZETTE, WA 8 August 2016 keeper in relation to a cat means any of the following persons— (a) the owner of the cat as defined in the Act; (b) a person by whom the cat is ordinarily kept; (c) a person who has or appears to have immediate custody or control of the cat; (d) a person who keeps the cat, or has the cat in her or his possession for the time being; (e) a permit holder of a permit which relates to the cat; (f) the holder of an exemption issued in relation to the cat; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; local public notice has the meaning given to it by section 1.7 of the Local Government Act 1995; nuisance means behaviour that includes where a cat— (a) excretes or urinates on premises being premises where the cat is not normally resident; (b) is, or is likely to be, injurious or dangerous to the health of any person or domestic or Australian indigenous animal; (c) creates a noise which persistently occurs or continues to a degree or extent which in the opinion of an authorised person, and has or could have a disturbing effect on the state of reasonable physical, mental, or social well-being of a person; or (d) is shown to be allowed to behave consistently in a manner contrary to the general interest of the community; permit means a permit issued by the local government under clause 3.5 of this local law; permit holder means a person who holds a valid permit granted under this local law; pet shop means premises operating in compliance with the local planning scheme, from which a cat may be offered for sale; premises includes the following— (a) land, whether or not vacant; (b) the whole or part of a building or structure whether of a permanent or temporary nature; and (c) a vehicle; public place has the meaning given to it by section 3(1) of the Act; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a schedule to this local law; and set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. PART 2—IMPOUNDING OF CATS 2.1 Impounded cats (1) The local government may determine from time to time— (a) the times when a cat management facility will be open for the reception and release of cats; and (b) times for the sale of cats from the cat management facility. (2) The local government is to keep a proper record of impounded cats. (3) The record is to contain the following information about each impounded cat— (a) if known the breed and sex of the cat; (b) the colour, distinguishing markings and features of the cat; (c) if known, the name and address of the owner; (d) the date and time of seizure and impounding; (e) the name and address of the authorised person who impounded the cat and, if applicable, the person who delivered a cat for impounding; (f) the reason for the impounding; (g) a note of any order made by an authorised person relating to the cat; and (h) the date of the sale, release or destruction of the cat. (4) The record is to be available for inspection by the public. (5) A person shall not— (a) unless the person is the owner of the cat management facility, or an authorised person, release or attempt to release a cat from a cat management facility; (b) destroy, break into, damage or in any other way interfere with or render not cat proof a cat management facility; or (c) destroy, break into, damage, or in any other way interfere with any container used for the purpose of catching, holding or conveying cats which have been seized.