Part 3KEEPING OF BIRDS

PART 3—KEEPING OF BIRDS 3.1 Keeping of poultry and pigeons in a residential or mixed use zone (1) An owner or occupier of premises in a residential or mixed use 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) An owner or occupier of premises in a residential or mixed use zone may apply to the local government to vary the requirements of subclause (1). 3.2 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 5 metres from any residential building on the land; (b) no poultry is able to approach within— (i) 9 metres of the property’s primary public thoroughfare;

20 November 2023 GOVERNMENT GAZETTE, WA 3737 (ii) 3 metres of any other public thoroughfare; or (iii) 15 metres of a neighbouring residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (c) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition; and (d) where the structure has an impervious floor, it is laid with a fall to the front of at least 1 in 50. (2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply to the local government to vary the requirements of subclause (1)(b) or (d). 3.3 Roosters, geese, turkeys and peafowl (1) An owner or occupier of premises in a residential or mixed use zone shall not keep or permit to be kept on the premises— (a) roosters; (b) geese; (c) turkeys; (d) peafowls; or (e) guinea fowl. (2) An owner or occupier of premises in a residential or mixed use zone may apply to the local government to vary the requirements of subclause (1). 3.4 Conditions for keeping of pigeons (1) A person 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— (i) 9 metres of a public thoroughfare; or (ii) 15 metres of a neighbouring residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (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. 3.4 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. 3.5 Conditions of keeping aviary birds A person who keeps, or permits to be kept, aviary birds shall ensure that— (a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot boundary and at least 5 metres from a residential building on any other lot; (b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth, impervious material with a gradient of at least 1 in 50 to the front of the aviary or cage; (c) the aviary or cage is kept in clean condition and good repair at all times; (d) all feed for the birds other than that intended for immediate consumption is stored in vermin proof containers; and (e) effective measures are taken to prevent the attraction or harbourage of vermin. 3.6 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.