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Bylaw No. 12 - Dog control (2009)
Explanatory note
This bylaw regulates dogs within Auckland City
to minimise danger, distress and nuisance from dogs. It sets
out the requirements for the control of dogs in public places, requirements
to remove dog faeces from public places (and private land not
occupied by the dog owner), and places limitations on the number
of dogs that can be kept in different parts of Auckland City.
The Dog Control Act 1996 and Dog Control Amendment
Act 2003 also place a number of other duties on dog owners. Dog
owners must:
- register their dog every year and ensure it
wears an identification/ registration disc,
- provide proper care and attention, supply proper
and sufficient food, water and adequate shelter,
- ensure that the dog receives adequate exercise,
- take all reasonable steps to ensure that the
dog does not cause a nuisance e.g. by persistent and loud barking
or howling,
- take all reasonable steps to ensure that the
dog does not injure, endanger, intimidate or cause distress to
any person, stock, poultry, domestic animal or protected wildlife or
damage or endanger any property belonging to any other person,
- ensure that the dog is kept under control at
all times e.g. by confining the dog on their property
when the dog is not under their direct control,
- carry a leash at all times while he or she is
with the dog in a public place.
Auckland City can classify dogs as menacing or
dangerous and require the owners of menacing or dangerous dogs
to have that dog neutered and when in a public place have the dog muzzled.
Dangerous dogs are also required to be on a leash when in a public
place. The Traffic Regulations 1976 also require dog owners to
secure their dog/s when they are carried on the open tray of a vehicle
to ensure that the dog cannot fall from the vehicle.
Reprinted with amendments
As at 11 October 2010 the Auckland City Council
Billboards Bylaw 2007 has been amended by the following amendments:
Auckland City Council Dog Control Bylaw Amendment No
1 of 2010
which came into force on 11 October 2010.
Contents
12.1 Application of Bylaw
12.2 Interpretation and Definition
12.3 Control of Dogs in Public Places
12.4 Removal of Faeces
12.5 Limitation on Number of Dogs and Provisions for Dispensation
12.6 Offences and Penalties
Schedules
First Schedule Prohibited areas
Second Schedule Leashed areas
Third Schedule Off-leash areas
Fourth Schedule Designated Dog Exercise areas
Schedule of Amendments
Amendment 1 of 2010 (18k PDF)
12.1 Application of Bylaw
12.1.1
This bylaw is the Dog Control Bylaw 2009 for
Auckland City Council and comes into force on 1 June 2009.
12.2 Interpretation and Definitions
12.2.1
In this bylaw unless the context requires
otherwise:
Beach means the foreshore, being an area covered and
uncovered by the ebb and flow of the tide, and any adjacent area which
can reasonably be considered part of the beach environment including
areas of sand, pebbles, shingle, dunes or coastal vegetation.
Control means that the dog is not causing a nuisance
or danger and that the person in charge of the dog has the dog under
continuous surveillance and is able to obtain an immediate and desired
response from the dog by use of a leash, voice commands, hand signals,
whistles or other effective means.
Disability Assist Dog means the same as that specified
in the Dog Control Act 1996 and includes a dog certified by one of the
following organisations as being a dog trained to assist (or as being
a dog in training to assist) a person with a disability:
- Hearing Dog for Deaf People New Zealand
- Mobility Assistance Dogs Trust
- New Zealand Epilepsy Assist Dogs Trust
- Royal New Zealand Foundation of the Blind
- Top Dog Companion Trust
- An organisation specified in an Order in
Council made under section 78D of the Dog Control Act 1996
Dog Owner means owner as defined in section 2 of the
Dog Control Act 1996 and includes every person who:
- owns the dog; or
- has the dog in his or her possession, whether
the dog is at large or in confinement, otherwise than for a period not
exceeding 72 hours for the purpose of preventing the dog causing injury,
damage, or distress, or for the sole purpose of restoring a lost dog
to its owner; or
- the parent or guardian of a person under
the age of 16 years who -
- is the owner of the dog pursuant to
paragraph (a) or paragraph (b) of this definition; and
- is a member of the parent or guardian's
household living with and dependent on the parent or guardian; -
but does not include any person who has seized or
taken custody of the dog under this Act or the Animal Welfare Act 1999
or the National Parks Act 1980 or the Conservation Act 1987 or any order
made under this Act or the Animal Welfare Act 1999.
On a Leash means that the dog is kept under control
by means of a leash, lead or chain which is secured or is held by a
person so that the dog cannot break loose.
Public Place means public place as defined in section
2 of the Dog Control Act 1996 and includes:
- a place that, at any material time,
is open to or is being used by the public, whether free or on payment
of a charge, and whether any owner or occupier of the place is lawfully
entitled to exclude or eject any person from that place; and
- includes any aircraft, hovercraft, ship
or ferry or other vessel, train, or vehicle carrying or available to
carry passengers for reward.
Reserve means:
- any land vested in the council and
declared as a reserve by resolution of the council, under section 14
of the Reserves Act 1977; or
- any park, domain or recreational area under
the control or ownership of the council; or
- any reserve, park or recreational area under
the control or management of the Auckland Regional council.
Urban area means all of the isthmus and the Central
Areas of Auckland city as defined by the District Plan and those areas
of Waiheke identified as being within the metropolitan urban limits
in the Regional Policy Statement from the Auckland Regional Council,
(see map).
Working Dog means the same as that in section 2 of
the Dog Control Act 1996 and includes:
- any guide dog, hearing ear dog, or
companion dog:
- any dog -
- kept by the Police or any constable,
the Customs Department, the Ministry of Agriculture, the Ministry of
Fisheries or the Ministry of Defence, or any officer or employee of
any such Department of State solely or principally for the purposes
of carrying out the functions, powers, and duties of the Police or the
Department of State or that constable, officer, or employee; or
- kept solely or principally for the purposes
of herding or driving stock; or
- kept by the Department of Conservation or
any officer or employee of that Department solely or principally for
the purposes of carrying out the functions, duties, and powers of that
Department; or
- kept solely or principally for the purposes
of destroying pests or pest agents under any pest management strategy
under the Biosecurity Act 1993; or
- kept by the Department of Corrections or any
officer or employee of that Department solely or principally for the
purposes of carrying out the functions, duties and powers of that Department,
or
- kept by the Aviation Security Service established
under section 72B(2)(ca) of the Civil Aviation Act 1990, or any officer
or employee of that Service solely or principally for the purpose of
carrying out the functions, duties and powers of that Service, or
- certified for use by the Director of Civil Defence
Emergency Management for the purposes of carrying out the functions,
duties and powers conferred by the Civil Defence Emergency Management
Act 2002, or
- owned by a security guard as defined in
section 4 of the Private Investigators and Security Guards Act 1974
and kept solely or principally for the purposes of carrying on the business
of a security guard; or
- declared by resolution of the territorial
authority to be a working dog for the purposes of this Act, or any dog
of a class so declared by the authority, being a dog owned by any class
of persons specified in the resolution and kept solely or principally
for the purposes specified in the resolution.
12.3 Control of Dogs in Public Places
Prohibited Areas
12.3.1
Every dog owner must ensure that his or
her dog does not enter or remain in any public place designated as a
prohibited area in the First Schedule.
Leashed Areas
12.3.2
Every dog owner must ensure that his or
her dog is kept on a leash and under control in any public place designated
as a leashed area in the Second Schedule.
Off Leash Areas
12.3.3
Providing the dog is kept under control
at all times, a dog owner may exercise his or her dog without it being
on a leash in any area designated as an off leash area in the Third
Schedule.
Note: The Dog Control Act requires owners to carry
a leash with them when their dog is in a public place.
Designated Dog Exercise Areas
12.3.4
Providing the dog is kept under control
at all times, a dog owner may exercise his or her dog without it being
on a leash in any area designated as a dog exercise area in the Fourth
Schedule.
Note: The Dog Control Act requires owners to carry
a leash with them when their dog is in a public place.
Exemptions
12.3.5
Clauses 12.3.1 and 12.3.2 do not apply to the owner of:
- a working dog while it is working;
or
- any dog which is confined completely within
a vehicle or cage; or
- any dog taking part in an organised dog
event, such as a dog show or dog training seminar;
provided the dog is under control at all times
12.3.6
Any person who has obtained council approval
to hold a special event or temporary activity in a park, reserve or
public place (or part thereof) may apply to the council for a permit
to prohibit dogs from that park, reserve or public place or require
them to be on a leash for the duration of that special event or promotion.
12.4 Removal of Faeces
12.4.1
Where any dog defecates in a public place
or on land or premises other than that occupied by the dog owner, the
dog owner must remove the faeces immediately and dispose of them in
a way that does not cause a nuisance.
12.5 Limitation of the Number of Dogs and Provisions
for Dispensations
12.5.1
No owner or occupier of any land shall
allow:
- more than one dog, over the age of
three months, to be kept on any land or premises for more than 14 days
on:
- any part of the Isthmus area of the
District;
- any property of less than 2 hectares on
Great Barrier Island.
- more than two dogs, over the age of three
months, to be kept on any land or premises for more than 14 days on
Rakino Island or the urban area of Waiheke Island (see map);
12.5.2
Any owner or occupier of land on any property
of less than 2 hectares on Great Barrier Island; who was immediately
prior to the commencement of this bylaw, lawfully keeping
two dogs over the age of three months on that land, may continue to
do so, notwithstanding clause 12.5.1, until the death of one of the dogs
without a requirement to apply for a permit under clause 12.5.3.
12.5.3
Dog owners may apply to council for a permit to keep
more than one dog on any land identified in clause 12.5.1 above. If the council considers that
more than one dog can be kept on the premises without any adverse effects,
a fee shall be payable to the council for the permit.
12.6 Offences and Penalties
12.6.1
Every person who fails to comply with the
requirements of this bylaw commits an offence and may be liable to an
infringement fee as set by the Dog Control Act 1996 or a penalty as
set by section 242(4) of the Local Government Act 2002.
12.6.2
The council may apply to the District Court
under section 162 of the Local Government Act 2002 for an injunction
restraining a person from committing a breach of this bylaw.
First Schedule
Prohibited Areas
Except where another schedule to this bylaw allows
otherwise, every dog owner must ensure that his or her dog does not
enter or remain in the following public places:
- Any cemetery, crematorium or public
building, including any library, swimming pool, recreation centre, and
visitor centre, under the control or management of the council or the
Auckland Regional Council unless permitted by the occupier or person
having control of the premises and subject to compliance with any reasonable
conditions imposed.
- Any area developed or marked out as a sports
field (but excluding any spectator area), outdoor court, skateboard
ramp or bmx ramp or on or within 10 metres of any area that is developed
or marked out as a playground or contains children's play equipment.
- The area to the seaward side of Gordons
Road and the beach adjacent to Whakanewha Regional Park (Waiheke Island).
- The esplanade reserve adjacent to the Crown
foreshore of Te Matuku Bay (Waiheke Island).
- The following swimming areas:
- the marked "safe swimming lane" on Kohimarama
beach;
- the swimming area in front of the bathing sheds
on St Heliers Beach;
- any other safe swimming areas or lanes marked
out or identified by council.
- The following islands in the Hauraki Gulf:
- Motuihe
- Browns Island
- Rangitoto
- Motutapu
- Little Barrier
- Any beach on the Isthmus (except Mission
Bay) between 9am and 7pm during the period between the Saturday of Labour
Weekend and Easter Monday inclusive (summer).
Note 1: before 9am or after 7pm dogs are required
to be on a leash in this summer period
Note 2: there are some areas on Tamaki Drive where
dogs can access the water directly from public steps.
- On Mission Bay beach between 9am and 9pm
during the period between the Saturday of Labour Weekend and Easter
Monday inclusive (summer).
- With the exception of (c) above any beach (except a beach in Appendix D)
on Waiheke Island west of Piemelon Bay or Rocky Bay, and on Rakino Island,
during the following periods:
- The Saturday of Labour Weekend to December 23
inclusive, 10am to 4pm;
- December 24 to February 1 inclusive, 10am to
6pm;
- February 2 to Easter Monday inclusive, 10am
to 4pm.
- Tahuna Torea Reserve and the associated
beach and foreshore, from the public walkway between 24 and 26 Vista
Crescent to its boundary on West Tamaki and Tahaki Roads.
- Any part of a park, reserve or public place
when a permit has been granted to close that park, reserve or public
place (or part thereof) for a special event or temporary activity for
the duration of that event or temporary activity.
Second Schedule
Leashed Areas
Every dog owner must ensure that his or her dog is
kept on a leash in the following public places:
- Any public place not included in the
First Schedule, Third Schedule or Fourth Schedule.
- Any road, including footpath and berm on
Great Barrier Island and within the Isthmus area of the district.
- Within Oneroa, Ostend and Surfdale village shops
on Waiheke Island.
- Any area that is developed or marked out
as a picnic area, fitness apparatus area, wharf, boat ramp or boat marshalling
area, and car park.
- Any public area (except an area identified
as a prohibited area in the First Schedule or a designated dog exercise
area in the Fourth Schedule) identified by the District Plan as a significant
ecological area. Dogs must remain on a leash at all times in these areas
and shall not be let off a leash to swim or walk in the water in these
areas.
- Any park, reserve or public place except
when a permit has been granted to close that park, reserve or public
place (or part thereof) for any special event or temporary activity
(such as a concert, function, wedding, filming etc), for the duration
of that event or temporary activity.
- The following parks, reserves, beach areas and roads on Waiheke
Island:
- Fourth Avenue Reserve
- Little Oneroa Beach Reserve
- Onetangi Sports Park (marked playing fields)
- Ostend Domain
- Palm Beach Reserve
- Surfdale Reserve
- Tawaipareira Reserve
- That area of Blackpool beach between and including the Maori
cemetery at the bottom of Tui St and Piritahi Marae at the bottom of Tahatai Rd.
- Natzka Rd where it runs parallel to and adjacent to Anzac Bay
- Korora Road where if runs adjacent to Owhanake Reserve (69 Korora Road)
- Hamlins Hill (Mutukarao) Regional Park.
- On any beach on the Isthmus (except Mission
Bay Beach) before 9am or after 7pm during the period between the Saturday
of Labour Weekend and Easter Monday (summer) except any beach listed
in the First Schedule as a prohibited area.
- On Mission Bay beach before 9am or after
9pm during the period between the Saturday of Labour Weekend and Easter
Monday (summer).
- On any beach (except any beach listed in
the First Schedule) on the Isthmus between 10am and 4pm from the Tuesday
after Easter Monday until the Friday before Labour Weekend (winter).
- On any beach on Great Barrier Island except
a dog exercise area identified in the Fourth Schedule.
- In any spectator area directly adjacent
to a sports field, outdoor court, skateboard ramp or bmx ramp.
Third Schedule
Off Leash Areas
Providing the dog is kept under control, a dog owner
may exercise his or her dog without it being on a leash in the following
public places:
Note that the Dog Control Act requires a leash
to be carried even in an off leash area.
- On any public place, road, footpath,
berm, park or reserve on Waiheke or Rakino Island, except for those
areas listed within the First or Second Schedules to this bylaw.
- On any beach on the Isthmus between 4pm
and 10am from the Tuesday after Easter Monday until the Friday before
Labour Weekend (winter).
- On any beach on the Isthmus
(except a beach or swimming area listed in the First Schedule)
when the dog is swimming or walking in the water of the beach during
the following times:
- before 9am or after 7pm during the
period between the Saturday of Labour Day Weekend and Easter Monday (summer);
- at any time outside the period between the
Saturday of Labour Weekend and Easter Monday (winter).
- On any beach on Great Barrier Island (except
on a beach or beach area where dogs are prohibited) when the dog is
swimming or walking in the water.
- On any beach on Waiheke Island west of Piemelon
Bay or Rocky Bay and on Rakino Island except during the following prohibited
periods:
- The Saturday of Labour Weekend to December
23 inclusive, 10am to 4pm;
- December 24 to February 1 inclusive, 10am
to 6pm;and
- February 2 to the end of Easter Monday inclusive,
10am to 4pm.
NB: These restrictions do not apply to three beaches in the Fourth Schedule.
Fourth Schedule
Designated Dog Exercise Areas
Subject to any city-wide time restrictions and any
other conditions stated below, and providing the dog is kept under control,
a dog owner may exercise his or her dog without it being on a leash
in the following public places. Note that the Dog Control Act requires
a leash to be carried even in an off leash area.
Time restrictions
For the purpose of this schedule, unless other times
are stated, time restrictions apply:
- during the period between the Saturday of Labour
Weekend and Easter Monday (summer) between 8am and 7pm; and
- from the Tuesday after Easter Monday until the
Friday before Labour Weekend (winter) between 8am and 5pm.
Parks or reserves subject to time restrictions are
marked with an asterisk (*).
Note under the First Schedule some parks or reserves
may occasionally be closed for special events or promotions and
dogs will be prohibited on the park or reserve during such occasions.
In similar circumstances, there may be times when dogs will be
required to be on a leash if a special event or promotion is
occurring (see Second Schedule).
Avondale
Eastern Bays
Eden/Albert
Great Barrier Island
Note: all other areas on Great Barrier Island are either
prohibited (see First Schedule) or are areas where dogs are required
to be on a leash (see Second Schedule).
Hobson
Maungakiekie
Mt Roskill
Tamaki
Waiheke
Western Bays
Names
|
Address
|
Conditions/comments
|
Arch Hill Reserve*
|
89 Ivanhoe Rd/ 474 Great North Rd,
Grey Lynn
|
Excluding marked sports fields. No
dog is permitted to go within 10 metres of the playground. Time restrictions apply.
|
Bayfield Park
|
10-12 West End Rd, Herne Bay
|
Northern side of Cox's Creek and south
of Herne Bay Tennis Club.
|
Costley Reserve
|
3-17 Costley St, Freemans Bay
|
No dog is permitted to go within 10
metres of the playground. May only be used in summer between 7pm and
9am and in winter between 5pm and 9.30am.
|
Cox's Bay Reserve
|
44-66 West End Rd, Herne Bay
|
Excluding the sportsfields, the wetland/mangrove
areas and those parts of the park on the west side of the park's internal
access road which extends from West End Rd through to Kingsley St. No
dog is permitted to go within 10 metres of the playground. May only
be used in summer between 7pm and 9am and in winter between 5pm and
9.30am.
|
Coyle Park
|
516-528 Pt Chevalier Rd, Pt Chevalier
|
No dog is permitted to go within 10
metres of the playground. May only be used in summer between 7pm and
9am and in winter between 5pm and 9.30am
|
Eric Armishaw Park
|
117 Walker Rd, Pt Chevalier
|
No dog is permitted to go within 10
metres of the playground. May only be used in summer between 7pm and
9am and in winter between 5pm and 9.30am.
|
Francis Reserve*
|
4 Warnock St, Grey Lynn
|
No dog is permitted to go within 10
metres of the playground. Time restrictions apply.
|
Grey Lynn Park
|
69-71 Williamson Ave, Grey Lynn
|
Excluding the marked sports fields.
The two triangular areas:
a) between Baildon and Dryden Streets and
b) east of the lower path by Farrar and Arnold Streets.
No dog is permitted to go within 10 metres of the playground.
|
Jaggers Bush
|
147 Old Mill Rd to 22 Meola Rd, Westmere
|
The open grassed area off Meola Rd.
|
Lemington Reserve *
|
40A Lemington Rd, Westmere
|
Open grassed area only. Time restrictions apply.
|
Meola Reef Reserve
|
171 Meola Rd, Westmere
|
Only within designated fenced area
on western side of the reserve. On the lead in all other parts of the
reserve.
|
Moa Reserve
|
73-75 Moa Rd, Pt Chevalier
|
No dog is permitted to go within 10
metres of the playground.
|
Moira Reserve
|
14 Moira St, Ponsonby
|
No dog is permitted to go within 10
metres of the playground.
|
Pt Erin Park
|
94 Shelly Beach Rd, St Marys Bay/
15-17 St Marys Rd, Ponsonby
|
West of the car park, Pt Erin Baths
and extending to the area at the base of the St Marys Bay cliff line.
This lower area is fenced off from the motorway and is accessed by pathways
from Pt Erin Park and from the northern end of St Mary's Road.
|
Seddon Fields
|
180 Meola Rd, Westmere
|
Excluding the marked sports fields.
|
Tole Reserve
|
104 Clarence St, Ponsonby
|
North side only of path extending
from Tole to Clarence Streets. No dog is permitted to go within 10 metres
of the playground.
|
Vermont Reserve
|
96 Vermont St, Ponsonby
|
No dog is permitted to go within 10
metres of the playground. May only be used in summer between 7pm and
9am and in winter between 5pm and 9.30am.
|
Victoria Park
|
203-271 Victoria St West, Freemans
Bay
|
Excluding the marked sports fields.
No dog is permitted to go within 10 metres of the playground.
|
Western Park
|
5-7 Ponsonby Rd, Freemans Bay
|
Excluding the marked sports field
and all the area west of the sports field, including the flying fox,
between Tahuna St and the Beresford St entrance. No dog is permitted
to go within 10 metres of the playground.
|
Metropolitan Urban Limits - Waiheke Island - map
Metropolitan Urban Limits - Waiheke Island (686 PDF)
Schedule of Amendments
Amendment 1 of 2010 (18k PDF) to the Dog Control Bylaw
Updated
October 2010
|
