Part 3REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS

PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises within a townsite on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced or walled in a manner capable of confining the dog; (b) ensure the fence or wall used to confine the dog and every gate or door in the fence or wall is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence or wall is kept closed at all times when the dog is on the premises, unless the gate or door is temporarily opened in a manner that ensures that the dog remains confined; (d) maintain the fence or wall and all gates and doors in the fence or wall in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) On land within a townsite, the limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act, 2 dogs over the age of 3 months and the young of those dogs under that age. (3) On land outside a townsite, the limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act, 4 dogs over the age of 3 months and young of those dogs under that age.