LOCAL GOVERNMENT
Cats, curfews and local councils DAVID ROBERTSON AND DIANA THOMAS, ANIMAL LAW COMMITTEE
T
he Dog and Cat Management Act1 allows for local councils to take responsibility for the control of cats in their areas which includes microchipping,2 desexing3 and registration of cat breeders.4 “Nuisance” cats may cause property damage and pollution as well as the harassment and killing of other pets and native fauna. Stray cats may also pose a risk via the transmission of toxoplasmosis, ringworm and fleas. “The per capita kill rate of pet cats is 25% that of feral cats. However, pet cats live at much higher densities, so the predation rate of pets per square kilometre in residential areas is 28–52 times larger than predation rates by feral cats in natural environments, and 1.3–2.3 times greater than predation rates per km2 by feral cats living in urban areas.”5 Local councils may control nuisance cats via by-laws;6 they may also appoint cat management officers7 who have the authority to seize, detain8 or destroy9 unidentified cats in their council area. Local councils must be mindful that by-laws are expected to be: “for the good rule and government of the area, and for the convenience, comfort and safety of its community.”10 When first considering the making of a by-law to control cats the council may have regard to the Dog and Cat Management Board guide to preparing a cat by-law11. A council proposing to make a by-law under the Dog and Cat Management Act12 must give 42 days’ notice to the Dog and Cat Management Board and provide a report which:13 • outlines the objects of the proposed by-law; • sets out how it is proposed to implement or enforce the proposed by-law; and • explains the reasons for any difference in the proposed by-law from other by-laws about a similar subject matter applying or proposed to apply in other council areas. Council must consider any recommendations of the Board relating to the by-law.
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At least 21 days before resolving to make the by-law, the council must make copies of the proposed by-law available for public inspection usually at council offices or via the internet14. The council must also advertise the availability of the proposed new by-law for inspection via the local paper.15 This may be anachronistic as many local papers are now online only and physical papers are less attractive due to the fear of COVID-19 transmission. Council must give reasonable consideration to a written or other acceptable submission made concerning the proposed by-law.16 This is especially relevant if the by-law is controversial, as in the case of cat control or curfew. Before the resolution can be considered, the council must obtain a certificate from a legal practitioner certifying that the council has the power to make the by-law and the proposed by-law is not in conflict with the Local Government Act 1999.17 When the by-law comes before the council for a decision at least two-thirds of the members of the council must be present and it must be passed by an absolute majority.18 By-laws usually become operative four months after publication in the Government Gazette19 and expire on the first of January in the seventh year
after commencement.20 For this reason, regular reviews are usually written into the by-law with community comment and engagement sought 12 to 18 months prior to any expiration date. However, despite the rigorous process described above, by-laws can be disallowed by the Legislative Review Committee of Parliament21. This is what happened to Marion’s proposed cat by-law.
MARION’S PROPOSED CAT CURFEW BY-LAW Marion Council endorsed the proposed draft Cats (Confinement) Variation By-law No. 7 201922 for community consultation on 29 January, 2019. Under the proposed by-law cats and their owners would be under the following restrictions: • Create an offence of “cat wandering at large”. This means cats cannot wander from their owner’s property during times determined by Council. Council gave in-principle support for this to be from 9pm to 7am daily • Residents requesting cages from Council to help catch wandering cats on their property • Proposed to give Council’s Community Safety Inspectors the powers to seize and detain cats. If owners cannot be identified, cats could be impounded at the RSPCA
