Div 2Keeping of birds

Division 2—Keeping of birds 2.5 Keeping of poultry and pigeons in a residential zone 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 unless with the approval of the local government in which case the maximum number of poultry shall be 20; or (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 Conditions for keeping of poultry (1) A person who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry shall be kept less than 9 metres from any residential building; (b) no poultry is able to approach within 15 metres of a public thoroughfare, public building, commercial premises or food premises; (c) all poultry is kept in a properly constructed and securely fastened structure; (d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50; (e) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition; and (f) all poultry is kept continually confined. (2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply in writing to the local government to vary the requirements of subclauses (1)(d) and (f). 2.7 Roosters, geese, turkeys and peafowl Except on land with an area of one hectare or more or with the prior written permission of the local government, an owner or occupier of premises shall not keep any of the following— (a) roosters; (b) geese;

15 November 2016 GOVERNMENT GAZETTE, WA 5093 (c) turkeys; or (d) peafowls. 2.8 Conditions for keeping of pigeons (1) An owner or occupier of premises who keeps pigeons, or permits pigeons to be kept, shall ensure that— (a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing pigeons are freed for exercise; (b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition; (c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building; and (d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public street, public building, commercial premises or food premises. (2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law. 2.9 Restrictions on pigeon nesting and perching The local government may order an owner or occupier of a house on or in which pigeons are, or are in the habit of nesting or perching, to take adequate steps to prevent them from continuing to do so. 2.10 Conditions of keeping aviary birds A person who keeps, or permits to be kept, aviary birds shall ensure that the aviary or cage is kept in clean condition and good repair at all times. 2.11 Nuisance caused by birds An owner or occupier of land shall not keep any bird or birds which— (a) are or create a nuisance; or (b) emit an unreasonable noise.