City of Kalgoorlie-Boulder Cat Local Law 2016
!2016175GG! 4133 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, TUESDAY, 27 SEPTEMBER 2016 No. 175 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT LOCAL GOVERNMENT ACT 1995 CAT ACT 2011
CITY OF KALGOORLIE-BOULDER ——————————— CAT LOCAL LAW 2016
27 September 2016 GOVERNMENT GAZETTE, WA 4135 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 CITY OF KALGOORLIE-BOULDER CAT LOCAL LAW 2016 CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Repeal 1.5 Definitions PART 2—CONTROL OF CATS 2.1 Cats in public places 2.2 Cats in other places 2.3 Direction to confine a cat PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation 3.2 Cats for which permit is required 3.3 Transitional provisions 3.4 Application for permit 3.5 Refusal to determine application 3.6 Factors relevant to determination of application 3.7 Decision on application 3.8 Conditions 3.9 Duration of permit 3.10 Revocation 3.11 Permit not transferable PART 4—IMPOUNDING OF CATS 4.1 Cat management facility 4.2 Impounding register 4.3 Charges and costs 4.4 Release of impounded cats 4.5 No breaking into or destruction of a cat management facility PART 5—MISCELLANEOUS 5.1 Giving of a notice 5.2 Content of a notice PART 6—OBJECTIONS AND REVIEW 6.1 Objections and review PART 7—OFFENCES AND PENALTIES 7.1 Offences 7.2 Prescribed offences 7.3 Forms
4136 GOVERNMENT GAZETTE, WA 27 September 2016 Schedule 1—Additional conditions applicable to particular permits Schedule 2—Modified penalties Schedule 3—Areas where cats are prohibited absolutely
27 September 2016 GOVERNMENT GAZETTE, WA 4137 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 CITY OF KALGOORLIE-BOULDER CAT LOCAL LAW 2016 Under the powers conferred by the Local Government Act 1995, the Cat Act 2011, and under all other powers enabling it, the City of Kalgoorlie-Boulder resolved on 12 September 2016 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the City of Kalgoorlie-Boulder Cat Local Law 2016. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal Section 5.2.4 of the City of Kalgoorlie Boulder Health Local Law 2001 as gazetted on 7 June 2001 is repealed. 1.5 Definitions In this local law unless the context otherwise requires— Act means the Cat Act 2011; animal welfare organisation means a non-government, not-for-profit organisation with the welfare of animals as their reason for existence; applicant means the occupier of the premises who makes an application for a permit under this local law; approved cat breeder has the meaning given to it in the Act; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; cat means an animal of the species felis catus or a hybrid of that species; cat management facility has the meaning given to it in the Act; cattery means any premises where 3 or more cats are boarded, housed or trained temporarily, usually for profit, and where the occupier of the premises is not the ordinary owner of the cats; CEO means the Chief Executive Officer of the local government; Council means the Council of the local government; district means the district of the local government; effective control in relation to a cat means any of the following methods— (a) held by a person who is capable of controlling the cat; (b) secured in a cage; or (c) any other means of preventing escape; group dwelling (commonly referred to as a duplexes, villas or townhouses) means a dwelling that is 1 of a group of 2 or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above the other, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling on a survey strata with common property; local government means the City of Kalgoorlie-Boulder;
4138 GOVERNMENT GAZETTE, WA 27 September 2016 multiple dwelling (often called flats, apartments or units) meaning a dwelling in a group of more than 1 dwelling on a lot where any part of a dwelling is vertically above part of any other but— (a) does not include a group dwelling; and (b) includes any dwellings above the ground floor in a mixed use development; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; permit means a permit issued by the local government under clause 3.7; permit holder means a person who holds a valid permit under clause 3.7; pet shop means a shop or place used for the conduct of a business, in the course of which an animal is kept for the purposes of sale; premises has the meaning given to it in the Act; public place has the meaning given to it in 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; scheme means a town planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; single dwelling means a house that stands alone on its own parcel of land; and veterinary hospital means any premises at which veterinary surgery is practised at which animals receive treatment, nursing care, and other services required for the reception, treatment and care of animals suffering from disease or injury or in need of surgical or medical treatment or assistance. PART 2—CONTROL OF CATS 2.1 Cats in public places (1) A cat shall not be permitted in a public place, if in the opinion of an authorised person, the cat is causing a nuisance. (2) If a cat is at any time in a public place in contravention of subclause (1)— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 2.2 Cats in other places (1) A cat shall not be in any place that is not a public place if— (a) consent to its being there has not been given by the occupier, or a person authorised to consent on behalf of the occupier; and/or (b) the cat, in the opinion of an authorised person, is causing a nuisance. (2) If a cat is at any time in a place in contravention of subclause (1)— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 2.3 Direction to confine a cat If a cat is causing a nuisance, an authorised person may direct the owner to confine the cat. If the owner fails to comply— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of “cattery” in Part 3, a cat does not include a cat less than 6 months old.
27 September 2016 GOVERNMENT GAZETTE, WA 4139 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit— (a) to keep 3 or more cats in any dwelling (whether or not this dwelling is a group dwelling, multiple dwelling or single dwelling premises); (b) to use any premises as a cattery; or (c) to be an approved cat breeder. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other animal welfare organisation; (b) a cat management facility which has been established by and is maintained by the local government for the impounding of cats; (c) a veterinary hospital; or (d) a pet shop. 3.3 Transitional provisions Where an owner has 3 or more cats in their dwelling or premises prior to this local law coming into operation they are not required to have a permit; however they will not substitute or replace any cat (in excess of 2 cats) once that cat— (a) dies: or (b) is permanently removed from the dwelling. 3.4 Application for permit An application for a permit under clause 3.2 shall be— (a) made by an occupier of a dwelling or premises in relation to that dwelling or premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept at the dwelling or on the premises; (c) accompanied by the plans of the dwelling or premises to which the application relates, to the specification and satisfaction of the local government; (d) accompanied by the consent in writing of the owner of the dwelling or premises, where the occupier is not the owner of the dwelling or premises to which the application relates; (e) accompanied by the application fee for the permit determined by the local government from time to time; and (f) accompanied by written evidence that either the applicant or another person who will have charge of the cats, will reside at the dwelling or on the premises or, in the opinion of the local government, sufficiently close to the dwelling or premises so as to maintain effective control of the cats and ensure their health and welfare. 3.5 Refusal to determine application The local government may refuse to determine an application for a permit if it is not made in accordance with clause 3.4. 3.6 Factors relevant to determination of application (1) In determining an application for a permit the local government may have regard to— (a) the physical suitability of the dwelling or premises for the proposed use; (b) the suitability of the zoning of the dwelling or premises under any scheme which applies to the premises for the use; (c) the environmental sensitivity and general nature of the location surrounding the dwelling or premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment, including any pollution or other environmental damage which may be caused by the use; (h) any submissions received under subclause (2) within the time specified in subclause (2); and (i) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) The local government may require an applicant to— (a) consult with adjoining landowners; and (b) advise the adjoining landowners that they may make submissions to the local government on the application for the permit within 14 days of receiving that advice, before determining the application for the permit. 3.7 Decision on application (1) The local government may— (a) approve an application for a permit, in which case it shall approve it subject to the conditions in clause 3.8, and may approve it subject to any other conditions it considers fit; or (b) refuse to approve an application for a permit.
4140 GOVERNMENT GAZETTE, WA 27 September 2016 (2) If the local government approves an application under subclause (1), then it shall issue to the applicant a permit in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1), then it is to advise the applicant accordingly in writing. 3.8 Conditions (1) Every permit is issued subject to the following conditions— (a) each cat shall be contained at the dwelling or on the premises unless under the effective control of a person; (b) the permit holder will provide adequate space for the exercise of the cats; (c) the dwelling or premises shall be maintained in good order and in a clean and sanitary condition; and (d) those conditions contained in Schedule 1. (2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit may be issued subject to other conditions, as the local government considers appropriate. (3) A permit holder who fails to comply with a condition of a permit commits an offence. 3.9 Duration of permit Unless otherwise specified, in a condition on a permit, a permit commences on the date of issue and is valid for a period of 12 months from the date of issue unless and until— (a) it is revoked; or (b) the permit holder ceases to reside at the dwelling or premises to which the permit relates. 3.10 Revocation The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit. 3.11 Permit not transferable A permit is not transferable in relation to either the permit holder or the dwelling or premises. PART 4—IMPOUNDING OF CATS 4.1 Cat management facility (1) The local government may establish and maintain a cat management facility or facilities, managed by an authorised person for the impounding of cats and the subsequent management of those cats under this local law. (2) 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 facility. (3) An authorised person, referred to in subclause (1), is to be in attendance at the facility for the release of impounded cats at the times and on the days of the week as are determined by the CEO. 4.2 Impounding register (1) The local government is to keep a proper record of impounded cats (the “Impounding Register”). (2) The Impounding Register 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, time and location 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 direction made by an authorised person under clause 2.3 relating to the cat; and (h) the date of the sale, release or destruction of the cat. (3) The Impounding Register is to be available for inspection by the public. 4.3 Charges and costs The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 31 of the Act relating to the seizure, impounding, caring, microchipping, sterilisation or destruction/disposal of a cat; and (b) the additional fee payable under section 31 of the Act where a cat is released or sold at a time or on a day other than those determined under clause 4.1(2).
27 September 2016 GOVERNMENT GAZETTE, WA 4141 4.4 Release of impounded cats (1) A claim for the release of a cat seized and impounded is to be made to the authorised person referred to in clause 4.1(1) or in the absence of that person, to the CEO. (2) The authorised person referred to in clause 4.1(1) is not to release a cat seized and impounded to any person unless that person has produced, to their satisfaction, evidence− (a) of his or her ownership of the cat or of his or her authority to take delivery of it; (b) that he or she is the person identified as the owner on a microchip implanted in the cat; (c) of proof of registration of the cat in accordance with the Act; (d) if a permit under Part 3 is required, proof of obtaining the permit; and (e) of payment of the charges and costs imposed by the local government in accordance with clause 4.3. 4.5 No breaking into or destruction of a cat management facility (1) In this clause, a reference to a person does not include the person authorised in clause 4.1(1). (2) A person who− (a) releases or attempts to release a cat from a cat management facility established under clause 4.1(1); or (b) destroys, breaks into, damages or in any way interferes with or renders ineffective− (i) any cat management facility established under clause 4.1; or (ii) any vehicle or container used for the purpose of catching, holding or conveying a seized cat, commits an offence. PART 5—MISCELLANEOUS 5.1 Giving of a notice A notice given under this local law may be given to a person— (a) personally; (b) by mail addressed to the person; or (c) by leaving it for the person at her or his address. 5.2 Content of a notice The contents of a notice given under section 5.1 can be— (a) ascertained from the person directly; (b) recorded by the local government under the Act; or (c) ascertained from enquiries made by the local government. PART 6—OBJECTIONS AND REVIEW 6.1 Objections and review Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object to the decision under Division 1 of Part 9 of the Local Government Act 1995. PART 7—OFFENCES AND PENALTIES 7.1 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) Any person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 7.2 Prescribed offences An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 84 of the Act. The amount appearing directly opposite each such offence is the modified penalty in relation to that offence. 7.3 Forms (1) The issue of infringement notices, their withdrawal and the payment of modified penalties are 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.
4142 GOVERNMENT GAZETTE, WA 27 September 2016 SCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS [Clause 3.8 (2)] A. Permit to keep 3 or more cats Additional conditions (1) The written consent to the application for a permit of the adjoining multiple dwellings has been obtained; and (2) The written consent to the application from the owner of the premises, if not the applicant, has been obtained; and (3) Without the consent of the local government, the permit holder will not substitute or replace any cat once that cat— (a) dies; or (b) is permanently removed from the premises. 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 owner; (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; and (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). C. Permit for Approved Cat Breeder Additional conditions (1) Required to keep records of all purchases and or transfers of cat/s for a period of 2 years, including but not limited to the purchasers’ name and address, and the cat/s microchip number; and (2) Premises may be inspected annually. ———— SCHEDULE 2—MODIFIED PENALTIES [Clause 7.2] Item No. Clause Nature of offence Modified Penalty $ 1 2.1(2)(a) Cat in a public place causing a nuisance $200 2 2.2 (2)(a) Cat in a place that is not a public place without consent and/or is causing a nuisance $200 3 2.3(a) Failure to comply with a direction to confine a cat $200 4 3.2(1) Failure to obtain the proper permit for the keeping of 3 or more cats $200 5 3.8(3) Failure to comply with the conditions of a permit $200 6 4.5(2)(a) Attempting to or causing an unauthorised release a cat from a cat management facility $400 7 4.5(2)(b) Interfering with any cat management facility, vehicle or container used for the purpose of catching, holding or conveying a seized cat $400
27 September 2016 GOVERNMENT GAZETTE, WA 4143 SCHEDULE 3—AREAS WHERE CATS ARE PROHIBITED ABSOLUTELY Karlkurla Park, Lot 222, Nankiville Road, Hannans Hammond Park, Lot 3110, Memorial Drive, Kalgoorlie Lake Douglas Recreation Reserve and Camp Site, Muncaster Road, Yilkari Kalgoorlie-Boulder Golf Course, Lots 501 and 502, Aslett Drive, Hannans ———— Dated: 21 September 2016. The Common Seal of the City of Kalgoorlie-Boulder was affixed by authority of a resolution of the Council in the presence of— J. BOWLER, Mayor. J. WALKER, Chief Executive Officer. ———————————