Background

As part of its review of bylaws required by section 158 of the Local Government Act 2002 (the LGA), Franklin District Council (Council) is reviewing its Dog Control Bylaw. The Dog Control Bylaw gives effect to the Policy on Dogs, and the Policy is also required to be reviewed under section 10AA of the Dog Control Act 1996 (DCA).

The Dog Control Act 1996 and the Dog Control Amendment Act 2003 also place a number of other obligations on dog owners, including the care, control, and confinement of dogs, which are not repeated in the proposed policy or bylaw, and over which Council has no control. This includes the requirement that all dogs registered for the first time and all existing dangerous and menacing dogs must be implanted with a functioning microchip transponder.

Provisions of Proposed Policy on Dogs

The proposed Policy:

(a) Requires owners to register their dogs;
(b) Provides for dog access to public places (see details below) and informs dog owners of land within the District included in controlled or open dog exercise areas;
(c) Encourages responsible dog ownership;
(d) Provides that Council should enforce dog owner obligations where necessary;
(e) Provides that Council should help educate the community about dogs;
(f) Provides that Council will work towards regional consistency in the management of dogs;
(g) Requires Council to provide adequate funding for dog management services; and
(h) Requires Council to assess the effectiveness of its policy on dogs.

Provisions of Proposed Dog Control Bylaw

The resulting proposed Bylaw to give effect to the proposed Policy:

• Regulates the access to and control of dogs in public places by specifying prohibited areas (and times, where relevant), leash control areas, off leash areas and designated dog exercise areas (see details below);
• Limits the number of dogs that can be kept zones other than rural or coastal;
• Requires that bitches in season and diseased dogs be continuously contained on the owners property;
• Requires owners allowing dogs to ride on the tray of open vehicles to secure those dogs at all times; and
• Requires dog owners to remove any faeces left by their dogs in public places or on property other than their own.

Dog Prohibited Areas

Dog owners must ensure their dogs do not enter or remain in the public places stated in the First Schedule of the Bylaw (including proposed amendments detailed in the Statement of Proposal).

Leash Control Areas

Dog owners must keep their dogs on a leash in the public places stated in the Second Schedule of the Bylaw.

Off Leash Areas

Dog owners may exercise their dogs, except any dog classified as a dangerous dog, off the leash but must keep those dogs under control, in the public places stated in the Third Schedule of the Bylaw.

Designated Dog Exercise Areas

Dog owners may exercise their dogs off the leash, but must keep those dog under control, in the public places stated in the Fourth Schedule of the Bylaw (including proposed amendments detailed in the Statement of Proposal).

Enforcement of the Bylaw

The DCA and the Bylaw will be enforced by Franklin District Council under contract to Direct Service Solutions Limited. Under the Local Government Act 2002, individuals breaching the Bylaw can be fined an infringement fee of $500 or, on conviction, face a penalty of up to $20,000.

The DCA also contains a number of infringement fines and fines and/or penalties on conviction that are not repeated in the Bylaw.

Obtaining Further Information and Making a Submission

Council welcomes submissions from the public and interested parties on the proposed Policy and Bylaw. A Statement of Proposal that includes the proposed Policy and Bylaw, this Summary of Information and Submission Forms can be obtained from public libraries and Council service centres. These can also be downloaded from Council’s website www.franklin.govt.nz or by phoning Jane Tuckley on 09 237 1304 ext 472 or e-mail jane_tuckley@franklin.govt.nz

The submission period starts on 2 November 2009 and closes at 5.00pm on 3 December 2009. Please make sure to indicate whether you wish to appear at a Council hearing in support of your submission.