Local Animal Management Plan
Last modified: September 23, 2009 - 7:19 PM
Bourke Shire Council has developed an Animal Management Plan. We welcome any comments you may have regarding the proposed plan.
EXECUTIVE SUMMARY
Bourke Shire Council has identified the need to develop a Local Animal Management Plan, to improve outcomes in the area of companion animals' management.New legislation and changing community expectations means new approaches are now required. In addition, there is increasing recognition that enforcement approaches will not, on their own, result in lasting changes in human behaviour. They need to be supplemented by a range of other tools that focus on passive and voluntary approaches to achieving responsible pet ownership.
Investigations include a detailed examination of the issue, and analysis of the existing situation in the Bourke Shire. Section 1 culminates in a description of the Strategic Framework including the goals and aims. The Action Plans are contained in Section 2. They have been grouped into twelve key issue areas, ie: -
- Identification and registration
- Dogs in public places
- Faeces management
- Wandering dogs
- Excessive barking
- Dangerous dogs and restricted breeds
- Cat management
- Animal welfare and safety
- Recognising the benefits of pet ownership
- Enforcement
- Education and dissemination; and
- Funding and review
CONTENTS
STRATEGIC FRAMEWORK
1.0 Introduction1.1 What is a Local Animal Management Plan?
The new Companion Animals Act 1998, is now in operation throughout NSW. It has introduced changes to the way dogs are managed by local authorities and for the first time, introduces controls over domestic cats.
A Local Animal Management Plan (LAMP), is a document which provides a means for Council to fulfil its responsibilities under the new Act over the next three to five years, by determining relevant objectives and priorities along with a clear program of implementation.
1.2 Outline of the Plan
The LAMP is divided into two sections:-
Section 1 (Parts 1 - 4), is entitled Strategic Framework. It examines relevant issues and responsibilities in relation to companion animal management. It culminates in a goal and aims for the LAMP.
Section 2 (Part 5) is entitled Action Plans. It outlines the actions necessary for Council to reach and achieve the goals and aims outlined in the Strategic Framework.
1.3 Scope of the Plan
This plan integrates the developing expertise in companion animal's management around Australia to produce a program of action to be undertaken by Council over the next three to five years.
Relevant issues include those prescribed under relevant legislation as well as the generally understood notion of socially responsible pet ownership.
The study is confined to an examination of domestic dogs and cats.
2.0 Companion Animal Management: A New Agenda for Local Government?
The new Companion Animals Act heralds a new era for Council's management of domestic cats and dogs. The days when animal control consisted largely of dog registrations and pound management are rapidly receding. Today's management environment consists of both dogs and cats and includes a wider range of issues including the environment, removal of dog faeces, and the question of on and off leash areas and an apparently higher incidence of barking dog complaints. What was once a relatively straightforward part of Council activity is now highly emotive, attracting interest from both pet owners and non pet owners alike.
Reliance on laws will probably always be the backbone of companion animals management, however there is now more emphasis on the development of non regulatory approaches such as public education. The State Government is developing a statewide education campaign, however Council can develop its own education programs if it has difference priorities or if it wishes to supplement the work of the State Government.
There is also a role for use of design of both domestic dwellings and public open space to help people to be responsible pet owners and to reduce the incidence of conflict. This implies a role for Council in disseminating appropriate design guidelines but also to modifications in the planning and design of public parks.
The following part examines key issues in greater depth.
2.1 Registration and Identification of Companion Animals (Parts 8 & 9)
Registration and identification are crucial components of animal management as a source of funds for education and enforcement, as a database for returning lost pets and identifying offending animals, and as a way of communicating with pet owners.
Under the new Act, a companion animal must be microchipped from 12 weeks of age (S8), although there are transitional provisions to accommodate existing owned dogs. A companion animal must be registered from 6 months of age (S9). Existing owned cats are exempt from the new provisions.
An early priority of the plan should focus on raising the level of both dog and cat registrations.
2.2 Dogs
Off leash areas (Section 13)
Council can declare a public place to be an off leash area. Such a declaration can be limited so as to apply during a particular period or periods of the day, or to difference periods of different days. However, there must at all times be at least one public place in any Local Government area, that is an off leash area.
Bourke Shire already has one off leash area at the Renshaw Complex. Council is presently considering additional leash free areas.
The case for additional off leash areas is set out in the publication Public Open Space and Dogs:
- The popularity of dog ownership - in Australia 42% of households own one or more dogs;
- Dogs need to be socialised around other dogs and humans;
- Exercise and outings play a part in alleviating unwanted behaviours in the home such as excessive barking and some forms of aggression;
- There are benefits for humans - exercise, socialising with other dog owners (this is well documented) and the fact that for some people a dog is their main form of recreation;
- To avoid concentration of off leash activity in one or a small number of areas; and
- As a compliance tool - by providing reasonable off leash opportunities, Council can expect and appeal from compliance with leash requirements in other areas.
Preliminary advice from the Local Government and Shires Association, suggests that:-
- Providing proper consideration is paid to citing issues (including signage), a Council which complies with a statutory requirement to provide a facility is less likely to be exposed to liability risk , than a Council which provides such facilities of its own initiative;
- The Act places liability for such claims with the offending dog owner; and
- Section 731 of the Local Government Act gives protection to Councils and their officers for acts done in good faith for the purpose of executing that or any other Act.
The off leash parks could be provided on a time share agreement (eg dogs are allowed off leash at certain times of the day - usually early in the morning and in the evening). However, Council must at all times, provide at least one off leash area within the Shire. Timeshare works well, however it is important to recognise its disadvantages.
- It concentrates potential problems into a restricted number of hours;
- Unremoved dog faeces may be a problem at other times; and
- Some dog owners may be disadvantaged if they work irregular hours of have small children. Timeshare may also not suit the elderly who wish to use time available during the day..
Under the new Act, dogs are also prohibited in the following public places:-
- In or within 10m of any children's play areas;
- Food preparation or consumption areas (unless it is a public thoroughfare such as a road, footpath or pathway);
- Recreation areas where dogs are declared prohibited;
- Public bathing areas where dogs are declared prohibited;
- School grounds (unless with the permission of the person controlling the grounds);
- Child Care Centres (unless with the permission of the person controlling the Centre);
- Shopping areas where dogs are prohibited (unless secured in a vehicle, with the permission of the person controlling the place or going to or from a vet or pet shop); and
- Wildlife protection areas.
Unretrieved dog faeces are a problem for health, environmental and amenity reasons. Under the new Act, owners are required to remove their dog's faeces and properly dispose of them. In practice, this is extremely difficult to enforce and may need to be an early priority for any public education activity.
Local authorities must provide sufficient rubbish receptacles to dispose of their dog's faeces in areas that are commonly used for exercising dogs. At a minimum, leash free areas would need to be provided with suitable rubbish receptacles.
Another initiative could involve the introduction of dung beetles into the park system, which disposes of dog faeces naturally. Warringah Council has implemented this, although it has not been properly evaluated.
Nuisance Dogs (Section 21)
A dog is a nuisance if it:-
- Is habitually at large;
- Makes a noise by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort, or convenience, of any person in any other premises;
- Repeatedly defecates on another person's property;
- Repeatedly chases any person, animal or vehicle;
- Endangers the health of any person or animal; or
- Repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept.
The rise in barking complaints over recent years appears to be consistent with the experience in other areas. However, such complaints are often not easy to resolve and consume large amounts of officers' time.
These nuisance provisions are new. On the face of it they seem straightforward, however in practice, they could be difficult to enforce given nuisance problems are often difficult to define and measure. The words "repeatedly" and "habitually" will be important in determining if a nuisance exists.
Dangerous Dogs (Section 34)
Council can declare a dog kept in its area as dangerous. Once a dog is declared dangerous, the owner must comply with specified conditions including keeping the dog in a childproof enclosure. Council needs to determine what is a suitable childproof enclosure.
Restricted Dogs (Section 55)
The following are restricted dogs:-
- Pit bull terriers
- American pit bull terriers
- Japanese Tosas
- Argentinian fighting dogs
- Brazilian fighting dogs; and
- Any other dog of a breed, kind or description, prescribed by the regulations as restricted for the purposes of this Division (eg dogs used as guard dogs by security personnel, could be prescribed as restricted dogs).
Cats
The issues of cat management relate predominantly to the impact of cats on wildlife. Cats can also be a nuisance to surrounding neighbours. A distinction needs to be made between feral cats and owned domestic cats.
Council can prohibit cats from entering public places (see discussion below). Other options for protection of wildlife, include:-
- Cat curfews;
- Education to encourage people to keep their cat indoors;
- Cat proof fences and enclosures;
- Use of housing design to help owners to responsibly confine their cat; and
- Cat bans in new housing estates.
Under the new Act, owned domestic cats are prohibited in the following public places:-
- Food preparation or consumption areas; or
- Wildlife protection areas (unless it is a public thoroughfare such as a road, footpath or pathway).
Nuisance Cats (Section 31)
A cat is a nuisance if it:-
- Makes a persistent noise; or
- Repeatedly damages anything outside the property on which it is ordinarily kept.
Enforcement or Education?
An ongoing debate in animal management is the relative merits of enforcement versus education. Laws will probably always be the backbone of the management task. However the advantages of taking a legal approach should not blind us to its shortcomings. It is inherently inefficient because of its focus on means rather than ends and because it consumes vast resources in maintaining an enforcement presence for benefits that are not always assured (ie an officer cannot control what happens five minutes after he or she leaves).
By contrast, voluntary compliance, if it can be achieved will just about always provide more meaningful, lasting changes in behaviour. It depends more on overcoming ignorance, indifference and incompetence than in prescribing concrete forms of acceptable behaviour. However education changes behaviour slowly, it can be expensive and is hard to evaluate.
Neither approach should be regarded as a panacea. A combination will just about always be appropriate. The secret is to understand the strengths and weaknesses of each and how they operate in difference policy contexts.
The Act anticipates that the State Government will undertake community education from the money allocated to the Companion Animals Fund. Council may also wish to undertake its own education programs either to augment the message of the statewide campaign or where its priorities vary from those of the State Government.
Recognising the Benefits of Pet Ownership
The health and social benefits of owning pets are now well understood and have been documented in numerous scientific studies. At one level this means a balanced approach to managing domestic pets. At another more implicit level, there is an emerging understanding that pets contribute to quality of life, a positive that could perhaps be fostered by local government.
At this stage, fostering the positives in an explicit way would still be something of a quantum leap, focused as local government is on handling complaints. However, over time the plan could be adjusted to integrate an explicit consideration of the benefits of owning pets.
Part of the challenge involves removing barriers to owning pets. The Pet Care Information and Advisory Service has recently published brochures for landlords and tenants outlining rights and responsibilities of people wishing to own pets in rental accommodation. As an early initiative, Council could make these brochures available for the local community.
Another initiative that Council could explore is presently running in Melbourne. Known as the Port Phillip Pet Links project, it helps the frail and elderly to continue to own pets by organising volunteers to walk, bath, organise registration, take pets to the vet etc. It can be a win-win situation as volunteers are often animal lovers who cannot or choose not to own a pet.
Other initiatives could be explored in the development of local public health initiatives.
Funding
The Local Government Act will offer the opportunity for Councils to apply a special Animal Management Levy to help fund animal management enforcement and education. These activities could be funded out of animal registrations and infringements alone. The levy would apply to all rateable properties within the shire in recognition of the fact that all residents benefit from local animal management, not just pet owners.
3.0 THE LOCAL CONTEXT
3.1 Bourke Shire CouncilBourke Shire has an area of 4.2 million hectares. To the east the shire shares boundaries with Brewarrina Shire Council and the Bogan Shire Council. To the south, boundaries are shared with Cobar Shire Council and to the west, the unincorporated area and to the north, the boundary follows the State border.
Bourke is a town located on the floodplain at the head of the Darling River.
As well as the township of Bourke, Bourke Shire consists of the villages of Louth, Wanaaring, Enngonia, Byrock and North Bourke.
Census Information:-
| Shire population | 4050 |
| Males | 2191 |
| Females | 1868 |
3.2 Animal Management in the Bourke Shire
Currently there are 780 dogs registered with up to 900 in previous years. Bourke Shire Council provides 24 hour On Call with a response time of 30 minutes to an emergency. Release / claim rate of impounded animals is minor with only 10% of dogs being released.Complaints are regularly received of stray dogs, particularly within shopping precincts. Difficulty exists with the control officer covering a large area.
One officer is engaged with mixed duties, however his major component is animal control.
Council operates a pound at Bourke at the Renshaw Complex. A shooter's licence is held and on occasions a tranquilliser pistol is used. Council has cage type traps for use.
3.3 Relevant Policies and Plans
Council's Management Plan sets out priorities for the control of animals and allocates resources. The Council is required to prepare a Social Plan and is developing plans to cover recreation facilities. Within such plans will be provision for use of open space, walking paths, cycleways and defined areas for off leash exercise and will be further developed with public consultation and in particular be facilitated by the formation of Companion Animal Advisory Committees.4.0 GOALS AND AIMS
The GOAL for the Local Animal Management Plan is:-To promote and facilitate responsible pet ownership of dogs and cats, animal welfare and the benefits of animal companionship.
The AIMS of the plan are:-
- To ensure Council meets its obligations under the Companion Animals Act 1998;
- To investigate the best mix of regulatory and non regulatory approaches to achieving responsible pet ownership in the Bourke Shire;
- To consider ways Council could harness the benefits of owning pets; and
- To establish priorities for companion animals' management for the next three to five years.
ACTION PLANS
5.0 KEY ISSUE AREASThe key issue areas include:-
- Identification and registration
- Dogs in public places
- Faeces management
- Wandering dogs
- Excessive barking
- Dangerous dogs and restricted breeds
- Cat management
- Animal welfare and safety
- Recognising the benefits of pet ownership
- Enforcement
- Education and dissemination; and
- Funding and review
Identification and registration is important for reunion of lost pets with their owners and as a source of funding for animal management activities. It also provides a database for Council to communicate with its pet owning population.
Boosting registrations should be an early priority of the plan.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Educate the community about the importance and need for micro chipping and registering dogs and cats | High | Environmental Services Dept | Continue to boost registrations through enforcement and other animal management activities. Input into the public education campaign as an early priority. |
5.2 Dogs in Public Places
Dogs and their owners are significant users of public open space, however some dogs cause problems for other park users and the environment.
Council needs to decide if additional off leash areas should be provided and if so, how many and where. There may also be a case to prohibit dogs from some public places. These issues need to be decided in consultation with the local community.
The new provisions relating to dog's access to public open space needs to be disseminated widely to the community. Appropriate signage is essential.
Once established, the off leash areas need to be protected from conflicting uses or development. This is best done by integrating the new provisions into relevant plans of management.
Over time, improved planning and design can be used to reduce conflicts between different public open space users and resources.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Undertake a review of on and off leash provisions and areas from which dogs (and cats) might be prohibited | Medium | Regulatory Officer | Review following consultation with the community. Appropriate declarations and orders made under S13(6) and S14(1) of the Companion Animals Act 1998. |
| Seek advice on appropriate risk management strategies in public places. | High | Environmental Services | Relevant advice received |
| Disseminate the new leash provisions and commence enforcement. | High | Regulatory Officer | Strategy for dissemination and enforcement is developed and implemented |
| In order to optimise the dissemination and enforcement effort, hold a training seminar to brief relevant staff (enforcement, parks, maintenance etc) in the new leash provisions (including the environmental and social reasons for prohibiting dogs from specified areas). | Medium | Environmental Services | Advice forwarded |
| Advise relevant Council departments, adjacent Councils and other relevant stakeholders of the new leash provisions | Medium | Environmental Services | Advice forwarded |
| Consider leash provisions in the development of plans of management for public open space. | Medium | Environmental Services | Draft plans of management to be referred for comment to Authorised Officer. |
5.3 Faeces Management
Removal and disposal of dog faeces by dog owners is required under Section 20 of the Companion Animals Act. It is important for environmental, health and amenity reasons. However, it is recognised that this requirement is difficult to enforce. Encouraging owners to pick up and remove their dog's faeces could be an early priority for public education.
It is Council's duty to provide sufficient rubbish receptacles for the disposal of dog faeces pursuant to Section 20.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Install sufficient rubbish receptacles for the disposal of dog faeces. | High | Engineering Dept | Options for disposal of dog faeces reviewed. |
| High | Environmental Services Dept | Appropriate locations for siting of receptacles decided in collaboration with the Parks Department | |
| Decide on procedures for enforcing the requirement for people to remove and dispose of their dog's faeces | Medium | Environmental Services Dept | Enforcement procedures decided on. |
| Education the community about the importance of removing and disposing of dog faeces and options available. | Medium | Environmental Services Dept | Input into the public education campaign as an early priority. |
5.4 Wandering Dogs
Dogs wandering at large, contribute significantly to the dog management task. Identification and registration are central to the management of wandering dogs. Housing design may also have a role to play in helping owners to properly confine their dog.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Educate the community about the importance of properly confining their dogs. | High | Regulatory Officer | Input into the education campaign as an early priority. |
| High | Regulatory Officer | Promote and enforce identification and registration of dogs (and cats) to enable safe return of companion animals. | |
| Encourage new housing developments to be designed in accordance with design guidelines for pet friendly housing. | Medium | Environmental Services Dept | Working paper explaining the importance of pet friendly housing design to be prepared for distribution to the town planning department. |
| Encourage developers to provide front fences in new housing developments | Low | Environmental Services Dept | Brochure prepared for distribution by the Environmental Services Dept with fence restrictions in future to be discouraged. |
5.5 Excessive Barking
Barking complaints are problematic due to their inherent subjectivity and the fact that they are not easily resolved.
Options for improvement include use of a diary system by complainants, staff training in negotiations and the introduction of a referral system to a specialist animal behaviourist.
Improved housing design can also be used to reduce the incidence of barking complaints in new developments.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Review procedures for dealing with barking complaints. | Medium | Environmental Services Department | Review completed. |
5.6 Dangerous Dogs and Restricted Breeds
The Companion Animal Act provides special procedures for dealing with dangerous dogs and restricted breeds. Council needs to ensure it is satisfied with procedures for dealing with such dogs.
Both types of dogs are required to be kept in a child proof enclosure. Council needs to determine appropriate specifications.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Review procedures for dealing with dangerous dogs and restricted breeds | High | Environmental Services Dept | Review completed |
| Facilitate the development of a suitable child proof enclosure | High | Regulatory Officer | Prototype design approved. |
5.7 Cat Management
New cats are now required to be identified and registered under the Companion Animals Act.
Council can prohibit cats from entering specified public places. There are also procedures for dealing with nuisance cats.
Some of the options proposed in other areas (eg cat bans, cat curfews etc) are extremely difficult and expensive to enforce. Public education is required to increase awareness of the need to identify and register cats and about responsible cat ownership.
Improved housing design could be used to assist owners to responsibly confine their cats.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Incorporate consideration of cat prohibitions in the review of on and off leash areas and areas from which dogs would be prohibited. | High | Environmental Services Dept | Review completed following consultation with the community. |
| Medium | Environmental Services Dept | Appropriate orders made under S30 of the Companion Animals Act 1998 | |
| Establish procedures for dealing with nuisance cats and where applicable for dealing with cats entering wildlife protection areas. | Medium | Environmental Services Dept | Procedures established. |
| Educate the community about responsible pet ownership and the need to identify and register their cats. | Medium | Environmental Services Dept | Input into education campaign as an early priority |
| Incorporate design guidelines for pet friendly housing design to facilitate confinement of cats | Low | Environmental Services Dept | Working paper explaining the importance of pet friendly housing design to be prepared for distribution to the town planning department. |
5.8 Animal Welfare and Safety
Animal Management needs to ensure appropriate animal welfare and safety.
Of particular importance is to promote desexing of non breeding pets.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Promote desexing of companion animals | Medium | Environmental Services Dept | Input into education campaign |
| Promote and enforce identification and registration of dogs and cats to enable safe return of companion animals | High | Regulatory Officer | Input into education campaign |
| Review existing holding facility arrangements for compatibility with new responsibilities | Medium | Regulatory Officer | Pound review completed. |
5.9 Recognising the Benefits of Pet Ownership
Local Government could have a new role to play in harnessing the health and social benefits of owning domestic pets.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Consider the health benefits of owning pets in the development of the Public Health Plan. | Medium | Environmental Services Dept. | Health benefits of pet ownership included in the Public Health Plan |
| Assist tenants and landlords with queries about owning pets in rental accommodation | Medium | Regulatory Officer | Hold copies of the PIAS brochures on keeping pets in rental accommodation for distribution to the local community. (PIAS - Petcare Information Advisory Services ) |
5.10 Enforcement
Whilst Council already has enforced procedures in place, these should be subject to ongoing review as circumstances change and better approaches become evident.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Review all enforcement procedures and protocols for operation improvements and gaps | Medium | Environmental Services Dept | Annual Review |
5.11 Education and Dissemination
Education is the key to lasting voluntary changes in human behaviour. It involves education of animals, their owners and prospective owners. It also involves showing non pet owners, especially children how to behave around animals.
To be effective, education needs to be designed and implemented with great care, taking into account, identified priorities and programs being implemented by the State Government. Developing a comprehensive education campaign should be an early priority.
The education campaign needs to consider both formal education (brochures, communication in the media etc) and informal education. The latter may require staff training in dealing with the community in their day to day patrols.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Plan a comprehensive education campaign involving all stakeholders to identify education priorities and appropriate action. | Medium | Regulatory Officer | Education campaign developed |
5.12 Funding and Review
Once adopted, the Plan needs to be subject to ongoing review as new issues and priorities emerge. Foundation of a community advisory committee is one way to maintain community input.
A detailed record system is important to ensure Council can accurately track trends in registrations, complaints, infringements, orders and pound activity.
Animal Management activities will not be funded from registration and fines alone. Council needs to consider an additional levee on all rateable properties in the shire to help fund animal management.
The Plan should be completely reviewed within three to five years.
| STRATEGIC ACTION | PRIORITY | RESPONSIBILITY | TARGET / PERFORMANCE |
| Ensure the LAMP is implemented and reviewed. | Medium | Council | Consider establishing an animal management advisory committee to assist in the LAMP's implementation and review |
| High | Council | LAMP completely reviewed within three to five years with INITIAL REVIEW June, 2003 | |
| Review record systems | Medium | Environmental Services Dept | Audit record system to ensure detailed records are kept on all animal management activities. |
| Consider an animal management levee | High | Council | Decision made on whether to impose an animal management levee |
Contact details
Environmental Services Department
02 6830 8000 (ph)
02 6872 3030 (fax)
bourkeshire@bourke.nsw.gov.au
