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Part 2 Animals

The objective of this part of the bylaw is to control the keeping of animals within the district so they do not create a nuisance or endanger health. Special reference is made to the keeping of pigs, poultry, bees, cattle, horses and cats. The use of animal traps is controlled and the slaughter of stock is covered. This part of the bylaw does not apply to any zoo or zoological gardens under the Zoological Gardens Regulations 1977.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

ANIMAL TRAP means any trap or other similar device made of metal or other hard material having two jaws closing on each other and operated by a spring (excluding any trap designed only for the use as a trap for mice or rats).

2.0 Pig Keeping
2.1 No person shall keep pigs in an urban area.

2.2 No person shall keep any pigs in such a manner as to create a nuisance, which is likely to be injurious to health or offensive.

2.3 No person shall construct or allow any pigsty to remain or any pigs to be at large or to range at a distance less than 50m from any dwelling, or any building, or any street or public place or any place used for the preparation, storage, or sale of food for human consumption, or from any boundary of any adjoining property, except with the permission of the council.

2.4 No person shall feed pigs any garbage obtained elsewhere than on the premises on which the pigs are kept, without complying with the provisions of The Biosecurity Act 1993.

3.0 Pig Sties
3.1 No person shall erect, or cause to be erected any pigsty unless in compliance with the Building Act 1991 and any other lawful requirements.

3.2 No effluent from a piggery shall be discharged in such a manner as to cause a nuisance, and shall be in compliance with the Resource Management Act 1991, Building Act 1991 and any relevant requirements of Taranaki Regional Council.
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4.0 Poultry Keeping
4.1 Not more than 12 head of poultry shall be kept on any site in an urban area.

4.2 No poultry shall be kept on any site in an urban area except in a properly constructed poultry house. The poultry house shall be rain proof and provided with a floor of concrete or other approved material to which may be attached a poultry run.

4.3 Every poultry house shall be constructed in accordance with the Building Code 1991 as the case may require.

4.4 No poultry house or poultry run shall be located within 10m from any dwelling, factory, or any other building whether wholly or partially occupied, or within 2m of the boundary of adjoining premises.

4.5 Every poultry run shall be enclosed and secure so as to confine the poultry within such poultry run.

4.6 Every outside poultry house and run shall be adequately graded and drained, and shall be kept clean and in good repair.

4.7 Should any poultry, poultry house or poultry run cause a “nuisance” for any reason due to its construction or state of disrepair, lack of cleanliness, or by reason of any matter referred to in this part of the bylaw, then, it shall be the duty of the owner, upon notice being served by the council, to abate such nuisance as specified in the notice.

4.8 No person shall keep any rooster in an urban area where in the opinion of an Authorised Officer a nuisance is created by noise from the rooster or any actions of the rooster.

4.9 No person shall allow any domestic bird to create a noise nuisance. It shall be the duty of the owner to abate any noise nuisance upon notice being served by the council. Failure to abate any noise nuisance may result in a prohibition to keep the bird(s) on the property section.

4.10 Nothing in this part of the bylaw shall prevent any person keeping poultry in an auction room or in any premises used for the killing and dressing of poultry for sale.

4.11 No effluent from a poultry house or poultry run shall be discharged in such a manner as to cause a nuisance, and shall be in accordance with the Resource Management Act 1991, Building Act 1991 and any relevant requirements of Taranaki Regional Council.
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5.0 Bee Keeping
5.1 No person shall keep or continue to keep bees if in the opinion of an Authorised Officer the keeping of such bees is, or is likely to become, a nuisance, or annoyance to any person or dangerous or injurious to health.

6.0 Keeping of Cats or Kittens
6.1 The maximum number of cats or kittens over the age of six months that can be kept within or by any household unit located within an urban area shall not exceed four per individual household unit.

6.2 Where in the opinion of an Authorised Officer, a health nuisance is caused by the keeping of cats or kittens (due to odour or accumulated faecal matter) or where there is a danger to wildlife, it shall be the duty of the owner of the cats or kittens to abate that nuisance.

6.3 No person shall keep five or more cats or kittens over six months of age within or by any household unit in an urban area except with the written approval of an Authorised Officer. Such approval may include such terms and conditions as the Authorised Officer considers appropriate in the circumstances.

6.4 In considering any such approval pursuant to clause 6.3 of this part of the bylaw an Authorised Officer will be required to be satisfied that such cats or kittens will be adequately housed and that no nuisance will result and that any other lawful requirements of the council have been satisfied including any relevant provisions of the District Plan.

7.0 Keeping of Cattle
7.1 No person shall keep or allow to be kept within the urban area any cattle at a distance less than 2m from a boundary of any adjoining premises where in the opinion of an Authorised Officer an annoyance or nuisance
may be created by the presence of the cattle. This part of the bylaw shall not apply to any cattle which is at the time being used, ridden or driven.

7.2 All cattle shall be kept confined to any land within the district (by a suitable fence, enclosure or other means) to prevent such cattle from escaping, wandering, or entering onto any public place or private property.
This part of the bylaw shall not apply to the driving, leading or riding of any cattle.

7.3 No cattle shall be stabled or housed other than in a stable or other approved building constructed or made to comply with all relevant legislation.
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8.0 Nuisances
8.1 No person shall keep, on or within any premises, any noisy animal or animals which shall be or cause a nuisance or annoyance to any neighbour or resident in the neighbourhood.

8.2 Notwithstanding any of the provisions of this part of the bylaw, no person shall keep any animal or animals in such a manner or in such conditions so as to create a nuisance. In this part of the bylaw a nuisance shall be
deemed to be created (but is not limited to) where any odour, accumulation of animal dung, attraction of vermin and/or insects, dust, is created by the keeping of such animals.

For the purposes of clauses 8.1 and 8.2 of this part of the bylaw animal shall include any domestic bird(s), caged bird(s) or bird(s) kept for display.

9.0 Animal Traps
9.1 No persons shall set or cause to be set, on any land or in any building within an urban area in the district, any animal trap of the spring jaw type (not being a trap designed only for the use as a trap for mice or rats).

10.0 Slaughter of Cattle
10.1 No person shall slaughter any cattle in or within view of any urban area.

10.2 Nothing in clause 10.1 of this part of the bylaw shall apply to:
a) A veterinary surgeon registered under the Veterinarians Act 1994;
b) An inspector appointed for the purpose of the Biosecurities Act 1993;
c) An inspector appointed for the purposes of the Animals Protection Act 1960;
d) Any person who is carrying out bona fide grazing or farming operations within the urban area and who has been granted consent in writing by the touncil to slaughter any cattle and subject to conditions outlined in
clauses 10.3 to 10.5 of this part of the bylaw.

10.3 a) No person shall slaughter or permit to be slaughtered any cattle within the district in such a manner as to offend (be in view of) any person nearby (other than the contractor or owner/occupier on whose land the activity is carried out).

b) Where the slaughtering or processing of cattle (including skinning, gutting, cutting of carcass) is or is likely to be seen by any person(s) nearby, including from a residence, adequate screening or similar shall be provided around the slaughter/processing site. This screening shall be sufficient in height and size to cut out the line of sight by any such persons, thereby preventing the processing operation from being seen. (This part of the bylaw recognises that in many cases, the slaughtering of animals in view of the public or residents nearby is offensive.)

10.4 All animal wastes (including offal) shall be immediately removed and disposed of by burial to a minimum depth of 600mm or some other approved means.

10.5 The slaughter of any animal and disposal of waste shall be carried out in such a manner so that no nuisance is created, and the procedure is not offensive to persons nearby.
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