52GOVERNMENT GAZETTE, WA 4 January 2017

52 GOVERNMENT GAZETTE, WA 4 January 2017 (4) Where, under this local law, the local government is authorised to carry out actions, or cause to be undertaken works, as a consequence of the failure of any person to comply with the terms of a notice or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3, subdivision 3 of the Act. 1.6 Keeping of animals Part 2 of this local law is subject to the provisions of the Biosecurity and Agriculture Management Act 2007 and the Animal Welfare Act 2002. PART 2—KEEPING OF ANIMALS Division 1—Animals In this Division, unless the context otherwise requires animal includes cats, dogs, rabbits and ferrets or the like. 2.2 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal is kept shall— (a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health, or to attract rats or other vectors of disease; (b) when so directed by an EHO, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying with a residual insecticide or other effective means. 2.3 Animal enclosures (1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals. 2.4 Cats (1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing from the local government, keep more than 3 cats over the age of 6 months, or if the person is a member of a cat organisation a maximum of 9 cats can be kept, on premises on any land within the district. (2) An owner or occupier of premises may apply in writing to the local government for exemption from the requirements of subclause (1). (3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (4) An exemption granted under this clause shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) Subject to the Cat Act 2011, a person who is granted an exemption under subclause (3) may be required to house, or keep cats in such manner as directed by an EHO. (6) A person may keep more than 3 cats over the age of 6 months on premises used for veterinary purposes or as a pet shop. (7) A person shall not breed cats on any premises unless the person is an approved cat breeder under the Cat Act 2011. Division 2—Keeping of birds 2.5 Keeping of poultry and pigeons in a residential zone (1) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises any poultry or pigeons— (a) unless approved by the local government in accordance with clause 2.6; and (b) otherwise than in accordance with subclause (2). (2) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises— (a) more than 12 poultry; and (b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the maximum number of pigeons may be increased to 100. 2.6 Application for approval to keep poultry and pigeons in a residential zone (1) Subject to compliance with subclause 2.5(2), the local government may approve the keeping of poultry or pigeons in accordance with these local laws by an owner or occupier of premises within a residential zone subject to the following— (a) the owner or occupier submitting an application to the local government shall— (i) specify the number of poultry or pigeons proposed to be kept; and