2930GOVERNMENT GAZETTE, WA 25 August 2023

2930 GOVERNMENT GAZETTE, WA 25 August 2023 5.22 Conditions of Keeping Pigeons and Other Cage-birds A person who keeps, or permits to be kept, pigeons or other cage-birds shall ensure that— (a) no pigeons or other cage-birds are able to approach within 9 metres of a dwelling, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; (b) the approval of the Principal Environmental Health Officer is obtained before an aviary or loft is kept closer than 9 metres to their dwelling; (c) except where registered homing pigeons are freed for exercise, the pigeons and other cage- birds are confined in a properly constructed pigeon cage, aviary or loft; (d) no pigeon cage, aviary or loft shall be located nearer than 1.2 metres from the boundary of adjoining properties; (e) all structures used to house pigeons and other cage-birds shall be of sound, weatherproof construction, the framework and roost being of smooth sealed timber or metal, the walls and roof to be constructed of galvanised iron or other approved material, and the floor to be constructed in a manner and of a material which will facilitate the hygienic removal of waste matter, husks, seed, feathers, dead birds and faecal matter; (f) all cages, aviaries, lofts, surrounds, food and water containers and rubbish receptacles shall be kept clean and maintained in good order and condition at all times; (g) all waste, including husks, seed, feathers, dead birds and faecal matter shall be placed in plastic or double lined paper garbage bags and disposed of immediately after collection into an approved receptacle. Such receptacle shall have a tight-fitting lid and be inaccessible to flies, rodents and other vectors of disease; (h) the occupier shall clean and disinfect cages, aviaries, lofts and surrounds, and trap or bait flies, rodents and other vectors of disease in accordance with any direction of an Environmental Health Officer; (i) pigeons registered as homing pigeons may be released for daily exercise and may also be released for organised races and training; (j) not more than sixty registered homing pigeon s shall be released for exercise or training at any one time; (k) the local government may, at its discretion, prohibit an owner or occupier exercising homing pigeons between the hours of 9.00 am and 3.30 pm if health or nuisance related problems become evident; (l) where there is any discrepancy between this Section relating to the Keeping of Pigeons and other cage-birds and the Code of Practice, the higher standard of construction and hygiene shall prevail; and (m) bird cages, aviaries, lofts and surrounds shall be kept in a clean condition to the satisfaction of an Environmental Health Officer. 5.23 Removal of Non-Conforming Structure or Enclosure (1) If a structure or enclosure is used for the keeping of poultry, pigeons or cage-birds contrary to the provisions of sections 5.20 and 5.22, the Principal Environmental Health Officer may direct the owner or occupier to remove it. (2) An owner or occupier shall comply with a direction from the Principal Environmental Health Officer under this Section. 5.24 Restrictions on Pigeon Nesting, Perching and Feeding (1) The local government may order an owner or occupier of a house in or on which pigeons are, or are in the habit of, nesting or perching to take adequate steps to prevent them continuing to do so. (2) An owner or occupier shall comply with the local government’s order under this section. (3) A person shall not feed a pigeon or other bird roaming at large, so as to cause, or contribute to, a nuisance or be injurious or dangerous to health. Division 5—Car Parks 5.25 Interpretation “attendant’s booth” means a booth that is positioned inside a car park for the containment of a parking attendant; “car park” means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; and “owner or occupier” means a person having the charge, management or control of a car park. 5.26 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a car park unless it is ventilated by either— (a) natural ventilation; or (b) mechanical means, in accordance with AS 1668.2 Part 2 1991.