City of Bayswater Keeping and Control of Cats Local Law 2022
Part 6OFFENCES, DEFENCE AND PENALTIES
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PART 6—OFFENCES, DEFENCE AND PENALTIES 6.1 Offences (1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable on conviction to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued. 6.2 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 62(1) of the Act. (2) The amount appearing directly opposite each such offence is the modified penalty in relation to that offence. 6.3 Forms (1) The issuing of infringement notices, their withdrawal and the payment of modified penalties dealt with in Division 4 of Part 4 of the Act. (2) An infringement notice given under section 62 of the Act is to be in the form of Form 6 of Schedule 1 of the Cat Regulations 2012. (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Form 7 of Schedule 1 of the Cat Regulations 2012. ———— SCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS FOR GROUPED, MULTIPLE AND SINGLE DWELLINGS [Clause 3.7] A. Permit to keep more than prescribed number of cats Additional conditions (1) The written consent of the owner/occupier to the application for a permit of the adjoining owner/occupier on the same level has been obtained; (2) Without the consent of the local government, the permit holder will not substitute once that cat— (a) dies; (b) is permanently removed from the premises.
7 October 2022 GOVERNMENT GAZETTE, WA 4863 B. Permit to use premises as a cattery Additional conditions (1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements. (2) There is to be a feed room, wash area, isolation cages and maternity section. (3) Materials used in structures are to be approved by the local government. (4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects. (5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin. (6) Wash basin with the minimum of cold water to be available. (7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded. (8) An entry book is to be kept recording in respect of each cat the— (a) date of admission; (b) date of departure; (c) breed, age, colour and sex; and (d) the name and residential address of the keeper; (9) The entry book is to be made available for inspection on the request of an authorised person. (10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease. (11) No sick or ailing cat to be kept on the premises. (12) Any other matter, which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof). ———— SCHEDULE 2—MODIFIED PENALTIES [Clause 6.2] Item Clause Offence Modified Penalty 1 2.1(4) Cat causing a nuisance $250 2 2.2(1) Cats in Other Places $250 3 2.3(1) Cat in prohibited areas $250 4 3.2(1) Keeping more than prescribed number of cats without a permit $250 5 3.2(1)(c) Keeping a cattery without a permit $350 6 3.7(3) Any other offence $250 7 3.9 Failure to comply with permit condition $250 ———— SCHEDULE 3—CAT PROHIBITED AREAS [Clause 2.3] No. Common Name Location Lot Number Reserve Number 1 Addlestone Reserve 60 Embleton Avenue, Embleton - - 2 Arbor Park 1 Cassia Way, Morley R39284 R39284 3 Baigup Wetlands 134 Garrett Road, Bayswater 821 - 4 Bardon Park 18 Fourth Avenue, Maylands R26397 R26397 5 Bath Street Reserve 3 Swan View Terrace, Maylands R33202 R33202 6 Berringa Park 2 Mary Street, Maylands R34262 R3462 7 Bohemia Park 11 Eaton Place, Noranda R35760 R35760 8 Browns Lake Reserve 211 Coode Street, Bedford 50 - 9 Claughton Reserve 89 Katanning Street, Bayswater R49440 R49440 10 Crimea Park (Wetland) 2 McArthur Street, Morley R29473 R29473 11 Eric Singleton Bird Sanctuary 129 King William Street, 8 - 12 Eric Singleton Bird Sanctuary West 124 King William Street, 50 -