ENVIRONMENT SERVICES LOCAL LAWS KEEPING MORE THAN 2 DOGS OR CATS INFORMATION SHEET 2 Pope Street PO BOX 111 BANNOCKBURN VIC 3331 Telephone: 03 5220 7111 STD Toll Free Within Shire : 1300 36 30 36 Facsimile: 03 5220 7100 KEEPING OF DOMESTIC ANIMALS Under state law, all dogs over 3 months of age are required to be registered with Council. As of May 2007, all cats and dogs being registered with Council for the first time must also be microchipped prior to registration being finalised. WHEN IS A COUNCIL PERMIT REQUIRED? In addition to the requirements of state legislation, Clause 11 of Council’s Public Amenity, Roads and Streets Local Law No2 (2007), requires residents to obtain a permit in order to keep more than 2 dogs or 2 cats on any land except for dogs kept exclusively for droving or drafting livestock in a rural area. This means for example, that if you intend to keep four dogs and two cats, you require a permit for all four dogs but you do not need a permit for the cats. In most cases this means unless you are a farmer, you are only allowed to keep 2 dogs and 2 cats on your property. If you want to keep more than 2 dogs or 2 cats, you need to apply for a permit and abide by the conditions on the permit. LIMITATIONS OF PERMITS Council may not issue a local law permit: If you want to keep more than 4 dogs or 4 cats without satisfactory written justification If you refuse to have all dogs/cats desexed without satisfactory written justification If you refuse to have all dogs/cats microchipped If you are keeping more than 2 Menacing Dogs, Dangerous Dogs or Restricted Breed Dogs in any combination. WHAT IF YOU DON’T COMPLY WITH THE LIMITATIONS? If you intend to keep more than 4 of either animal, or refuse to have them all desexed you will be required to provide written justification to support your application. You must also microchip ALL animals subject to the permit. If you do not meet the requirements for a local law permit, you may be required to apply for a Planning Permit under the provisions of the Golden Plains Planning Scheme or asked to relocate the extra dogs or cats. WHAT HAPPENS IF COUNCIL REFUSES TO ISSUE YOU WITH A PERMIT? If Council refuses to issue you with a permit to keep more than 2 dogs or cats you will receive a formal Notice to Comply issued either in person or via registered mail specifying the requirement to remove an appropriate number of animals from the property. The Notice to Comply will be accompanied by a letter advising the basis for the decision and your appeal rights. TYPICAL CONSIDERATIONS On receipt of an application, Council will consider the following before issuing or refusing a permit. The statutory planning requirements relevant to the land; Area of land will be adequate to keep and exercise the animals; The existence of a dwelling on the premises; Written objections or complaints from neighbours Written consent from the land owner or managing agent; Adequacy of enclosures (fencing) to contain the animals; Adequate housing/accommodation for the number of animals to be kept; Potential for environmental nuisance such as noise and odour; The number of animals to be kept; and Consent of the owner of the premises, or the keeper of the animals, for Council to inspect the premises at any time during the term of the permit. G:\Development\Environment Services\General Admin\Forms\20_LL_IS - Keeping More than 2 Dogs or Cats.docForm 20 Form 20 Rev 26/6/2013 TYPICAL PERMIT CONDITIONS Typical permit conditions will specify; The person or persons to whom the permit has been issued The address to which the permit applies A maximum number of dogs/cats to be kept on the property. That all dogs/cats subject to the permit be microchipped How many of the animals must be desexed That Council is advised in writing within 14 days if a dog/cat dies or is relocated. A date by which all conditions on the permit must be complied with That noise from barking or howling does not create a nuisance to neighbours That faecal waste is not permitted to accumulate or create offensive odours. That all faecal waste be disposed of in a sanitary manner That all dogs/cats be confined to the property unless under controlled supervision That a new permit be applied for if the owners relocate with the dogs/cats to a new address The permit applies to the permit holder(s) and not the property. New residents/tenants must obtain a permit should they move onto the property with more than two dogs/cats. That it is the permit holder’s responsibility to ensure they hold a valid permit. That Council Officers reserve the right to inspect the property at any time. The permit expiry date. EXTRA CONDITIONS Council may also apply extra conditions which; Limit the breeds to be kept, Specify how long the animals may be kept for, or Prohibit the replacement of deceased or relocated animals. DOMESTIC ANIMAL BUSINESSES If you are not a member of an ‘applicable organisation’, have 3 or more fertile females and breeding dogs or cats for sale, you will be deemed to be conducting a Domestic Animal Business as defined under Section 3 of the Domestic Animals Act (1994). Owners considered to be operating a Domestic Animal Business will be required to register that business with Council annually. You may also be required to obtain a Planning Permit. HOW LONG IS A PERMIT VALID FOR? A permit to keep 3 or 4 animals will typically be valid for 3 years. Typically a permit will allow a specified person or persons to keep the extra animals at a specified property. This means if the dogs/cats change ownership or are moved to another property, a new permit will need to be applied for. PENALTIES Failure to obtain a permit or comply with the conditions of a permit can result in the issuing of Infringement Notices carrying $200 fines or penalties of up to $2000 if the matter is contested in the Magistrates Court. PERMIT APPLICATION FEES Application fees apply each time a permit is applied for. This means each time a resident seeks to renew their permit they are required to pay the application fee. The same fee applies to residents seeking a 1 year permit as those seeking a three year permit. Fees can change from time to time but for the 2015/2016 financial year, permits cost $173. To obtain information on the current fee, contact council or visit the Golden Plains Shire website at www.goldenplains.vic.gov.au and follow the links to Local Laws. MAKING APPLICATION FOR BOTH DOGS AND CATS If you intend to apply for a permit to keep more than 2 dogs AND more than 2 cats, please use separate application forms. Use one application form for the dog details and another for the cat details. A singe application fee will apply. PERMIT DURATION Permits are generally issued for 3 years. G:\Development\Environment Services\General Admin\Forms\20_LL_IS - Keeping More than 2 Dogs or Cats.docForm 20 Form 20 Rev 26/6/2013
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