Bourke Shire Council

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About the shire

Keeping Of Dogs - 2 (Two) Dog Policy

This is Council's current policy for the Keeping of 2 Dogs.

POLICY

The following criteria will be utilised to determine whether a person will be given notice where Council will take action on the keeping of dogs. Under Section 124, Local Government Act 1993, Council may issue Order No. 18 requiring the occupier of premises not to keep birds or animals on premises, other than such kinds, in such numbers or in such manner as specified. Restrictions are imposed on the number of dogs kept on any allotment in Bourke and each allotment in any village within the shire to ensure that public health and amenity to those residents in those areas is maintained at acceptable standards. Unless the approval of Council has been obtained beforehand, the maximum number of dogs over the age of six (6) months shall not exceed two (2), unless the owner is a current affiliated owner with any of the following organizations:

• NSW Canine Council
• Working Dog Association
• Greyhound Control Authority; or
• Other accredited canine control authority.

In the case of dogs being kept at residential flats or at other premises with multiple occupancy, the dog owner must produce written evidence from the owners of the properties, or the strata title body secretary, giving permission for a dog to be kept on the premises. In multiple occupancy circumstances, dogs will be kept from any adjoining unit or residential flat and shall be provided with proper kenneling, fencing or restraining mechanism. Any person wishing to keep more than two (2) dogs and/or establish kennel structures for the housing of more than two (2) dogs is required to obtain prior consent of Council. (See Approval from Council) In all instances, the dog must be kept in such a manner that it is contained within the property, without causing any public health or noise nuisance problem to the immediate area. Approval from Council Where an occupier (except in the case of multiply occupancy) wants to keep more than two (2) dogs over the age of six (6) months on such premises, then an application shall be made to Council for approval and each application shall -

• Be made in writing to the General Manager,
• Setting out the reasons for such an application,
• State the area of land available for keeping of both present and proposed dogs.

All applicants to keep more than two (2) dogs or to establish structures to house more than two (2) dogs are to be referred to the adjoining property owners for their comments. Following receipt of comments a determination will be made. Should objections be received to the keeping of more than two (2) dogs or to the establishment of structures to house more than two (2) dogs, a report will be submitted to Council for determination. Those wishing to establish a kennel will need to obtain development consent from Council under the Environmental Planning and Assessment Act 1979.
Household Inspections Authorised Council Officers will carry out random house inspections during each year to ascertain the number of dogs being kept and to verify that each dog has been identified and registered. Exemptions To the keeping of dogs

• Dogs kept by any person for use as a guide or assistant for that person who is blind, deaf or partially deaf.
• Dogs in training for use as a guide or assistant for a person who is blind, partially blind deaf or partially deaf.
• Dogs awaiting treatment or recovering from treatment at the premises of a veterinary surgeon.
• Dogs contained in the Council Pound.
• Dogs contained in premises within Rural 1(a) zoning.

Enforcement of the keeping of dogs Where it is found by Council that an occupier is keeping dogs in such number as to contravene the provisions of the code, then Council will take the following action.

• A notice will be given to the occupier advising him/her that Council intends to consider the issue of an order requiring the dogs be kept in such a number as is permitted by the Code.
• The occupier receiving the notice will be advised that he/she may make representations to the General Manager or such other person or persons nominated in the notice and such representation will be taken into consideration prior to the issue of a No 18 Order.
• Should an order ensue, such an order will be issued in accordance with the provisions of the Local Government Act 1993, and any Council policy relating to the issue of orders existing at the time of issue of the Order.

Note - Nothing in the policy shall alter or diminish the legal obligations of a companion animal owned under the Companion Animals Act 1998.

Contact details
Environmental Services Department
02 6830 8000 (ph)
02 6872 3030 (fax)
bourkeshire@bourke.nsw.gov.au

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