FAQs - Animal Nuisance
The Animal Nuisance Bylaw 2008 allows for the keeping of animals within the city boundaries, and ensures that there are controls in place to avoid undesirable nuisance issues relating to the keeping of animals. Some frequently asked questions and answers clarify the way the new bylaw will operate.
Q: Can I keep chickens or other animals in my Hamilton backyard?
A: Yes this is usually acceptable, subject to Animal Welfare Act guidelines and to these animals not creating a nuisance to neighbours or health issues under the Public Health Act 1956. Animals need to be well fenced and well maintained and cared for.
Q: What is a nuisance?
A: Examples of nuisance complaints which will be upheld and enforced by Council enforcement officers include (but are not restricted to):
- loud noises from animals such as crowing roosters
- offensive odours from poorly kept or maintained animals
- encroachment of boundaries such as animals escaping or leaning over fences and damaging neighbours property.
Q: What about barking dogs?
A: Council enforcement officers will take action on complaints relating to barking dogs, but this is done using the Dog Control Bylaw.
Q: Can I farm animals for profit in my Hamilton garden?
A: No, Hamilton City Council's District Plan does not allow for farming in residential areas. Large scale keeping of animals is not seen as compatible with urban living.
Q: Can I stop my neighbours from keeping chickens in their back garden?
A: Generally Council does not interfere with activities which do not cause a nuisance to neighbours. In some urban developments in Hamilton covenants exist which prohibit the keeping of some animals including chickens. Developers place these covenants on areas to provide future residents with security in terms of a particular lifestyle.
Q: Can I keep a horse in my Hamilton Garden?
A: Larger animals need large areas of space. Council enforcement officers will use the Animal Welfare Act guidelines and accepted farming industry practices to judge whether animals are being appropriately kept. A horse requires a hectare and fencing needs to be designed to ensure that the animal can not reach beyond property boundaries.
Q: Can I stop my neighbour from killing pigs or goats in their back yard?
A: You can alert Council staff who will ensure that animals are not killed in such a manner that the animal suffers unreasonable or unnecessary pain or distress. As per the Animal Welfare Act 1999.
Q: Can I keep bees in Hamilton?
A: Yes, you can keep bees in Hamilton as long as this is done on a small scale. Care needs to be taken that your bees do not create a nuisance to neighbours. Council enforcement staff have guidelines for keeping bees and will follow up on any nuisance complaints in the same way as with 'other animals'.
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