772GOVERNMENT GAZETTE, WA 24 January 2017

772 GOVERNMENT GAZETTE, WA 24 January 2017 (3) An owner or occupier of land must not keep or suffer to remain in a residential area a rooster, turkey, goose, peacock or peahen. 6.2 Conditions of Keeping Poultry A person who keeps poultry or permits poultry to be kept must ensure that— (a) no poultry is able to approach within 10m of a dwelling, public building or food premises; (b) no poultry is able to approach within 10m of a public place other than a right of way unless, in the case of land at the junction of two or more streets, the local government has approved a lesser distance; (c) all poultry are kept in a properly constructed and securely fastened structure or enclosure; (d) no poultry is able to approach within 1m of any boundary; (e) the structure or enclosure does not exceed 2m in height; (f) there is a floor beneath the roofed area of the structure or enclosure which is constructed of smooth, impervious material and with a gradient of at least 1 in 50 to the front of the structure or enclosure; (g) the structure and enclosure is kept in a clean condition and good repair at all times; (h) all feed for the poultry is stored in vermin proof containers; and (i) the structure or enclosure must be in the yard having an otherwise unobstructed area of at least 30m2 . 6.3 Conditions of Keeping Pigeons A person who keeps, or permits to be kept, pigeons or doves must ensure that— (a) no pigeon is able to approach within 10m of a dwelling, public building, food premises or public place; and (b) except where homing pigeons are freed for exercise, the pigeons or doves are kept in a properly constructed structure or enclosure that— (i) is located so that no pigeon is able to approach within 1m of any boundary; (ii) does not exceed 2m in height; (iii) there is a floor beneath the roofed area of the structure or enclosure which is constructed of smooth, impervious material and with a gradient of at least 1 in 50 to the front of the structure or enclosure; (iv) the structure and enclosure is kept in a clean condition and good repair at all times; (v) all feed for the pigeons is stored in vermin proof containers; and (vi) is in a yard having an otherwise unobstructed area of at least 30m2. 6.4 Conditions of Keeping a Miscellaneous Bird A person who keeps, or permits to be kept a miscellaneous bird must ensure that— (a) no miscellaneous bird is able to approach within; (i) 1m of any boundary; (ii) 10m of a residential house on any other lot; and (iii) 10m of a public building, food premises or public place; and (b) the miscellaneous bird is kept in a properly constructed structure or enclosure that— (i) does not exceed 2m in height; (ii) has a floor beneath the roofed area of the structure which is constructed of smooth, impervious material and with a gradient of at least 1 in 50 to the front of the structure; (iii) the structure and enclosure is kept in a clean condition and good repair at all times; (iv) all feed for the birds is stored in vermin proof containers; and (v) is in a yard having an otherwise unobstructed area of at least 10m2.. 6.5 Removal of Non-Conforming Structure or Enclosure If a structure or enclosure is used for the keeping of poultry, pigeons, doves or miscellaneous birds contrary to the provisions of clauses 6.2, 6.3 or 6.4, the local government may give written notice to the owner or occupier to remove it. 6.6 Restrictions on Pigeons Nesting, Perching or Habitually Feeding The local government may give written notice to an owner or occupier of land or a house in or on which pigeons are, or are in the habit of, nesting, perching or habitually feeding to take adequate steps to prevent them continuing to do so. 6.7 Restrictions on Feeding of Birds A person must not feed a pigeon or miscellaneous bird— (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a pigeon or miscellaneous bird.