1500GOVERNMENT GAZETTE, WA 22 April 2021

1500 GOVERNMENT GAZETTE, WA 22 April 2021 (2) The payment of fees in respect to the seizure, care, detention or destruction of a dog shall not relieve the owner of liability to a penalty under the Act, Regulations or this local law. 2.2 Attendance of pound keeper at pound The pound keeper is to be in attendance at the pound for the release of dogs at the times and on the days of the week as are determined by the CEO. 2.3 Release of impounded dog A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the absence of the pound keeper, to the CEO or authorised person. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) In this Part— fence means any boundary structure, wall, door, gate, window, or physical barrier used to confine the dog within the premises where the dog is being kept, and may also include an electronic boundary fence and collar system that is— (a) installed as per the manufacturers recommendations; (b) the dog is trained in wearing the collar as per the manufacturers recommendations; (c) the fence and wire is properly maintained; and (d) the collar and unit is operating and working correctly. (2) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures the dog remains confined) and is fitted with a proper latch or other means of fastening it; (c) ensure the dog cannot be removed or released from the premises without the permission of the occupier of the property; (d) maintain the fence and all gates and doors in the fence 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. (3) Notwithstanding subclauses (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) The owner or occupier of any premises within the district shall not keep, permit or suffer to remain thereon more than two dogs over the age of three months. (2) A person wishing to keep more than two dogs but not more than six dogs on any premises may seek, upon application to Council, exemption for those provisions under section 26(3) of the Act. 3.3 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. PART 4—ENFORCEMENT 4.1 Interpretation In this Part— infringement notice means the notice referred to in clause 4.4; notice of withdrawal means the notice referred to in clause 4.7(1); and Law 2021. 4.2 Offences and general penalty (2) Unless otherwise specified, any 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.