38 08 February 2017
02 February 2017
File: (17/133)
Report no: PCB2017/1/26
Dog Control Bylaw
Dog Trial Feedback and Recommendations
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Recommendations That the Committee recommends that Council: (i) notes that dog areas around Wainuiomata Road and Maire Street shops, Wainuiomata; Jackson Street, Petone; Rimu and Oroua Streets, Eastbourne; and Days Bay on the beach north of the wharf, Eastbourne have been reviewed after a 12 month trial period; (ii) notes the results from the 12 month trial period outlined in the officer’s report; (iii) agrees to delete maps 41, 44 and 51 attached to the Dog Control Bylaw 2015; (iv) agrees to end the 12 month trial period “Dogs On Leash Exercise Areas” associated with maps 41, 44 and 51. This will mean these areas are simply public areas where dogs can be exercised on leash. For completeness, these trial areas contained the following descriptions: (a) allows dogs on leash on the footpaths and berms, on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road, Wainuiomata outlined in the map attached as Appendix 1 to the report; (b) allows dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Jackson Street, Petone, between its intersections with Cuba Street and Hutt Road, outlined in the map attached as Appendix 2 to the report; and (c) allows dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Rimu and Oroua Streets, Eastbourne, outlined in the map attached as Appendix 3 to the report; (v) agrees to delete map 54 attached to the Dog Control Bylaw 2015 and directs officers to make the necessary amendments to the remaining maps to give effect to the resolution below; and (vi) resolves that the area in Days Bay on the beach north of the wharf, outlined in map 54, attached as Appendix 4 to the report, will be: (a) a Dog Exercise Area between 7.00pm and 10.00am from 1 December to 31 March every year; (b) a Dog Exercise Area at all times from 1 April to 30 November (excluding weekends and public holidays between 10am and 7pm); (c) a Dog Prohibition Area on all weekends and public holidays, between 10am and 7pm; and (d) a Dog Prohibition Area between 10.00am and 7.00pm from 1 December to 31 March every year. |
Background
1. In 2015 Council reviewed the Dog Control Bylaw and adopted a new Bylaw that became effective in February 2016 with four areas to be reviewed after a 12 month trial period. These four areas were to trial changes from the existing bylaw. To have a rule in the bylaw there has to be a justified reason for that rule. Council considered the reason for the rule in these areas was no longer justified however thought it was appropriate for the public to give feedback on the changes over a 12 month trial period.
Results of trials
Wainuiomata
2. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically footpaths and berms on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road. Refer map 51 of the Dog Bylaw, as attached as Appendix 1 to the report.
Results of trial
3. No submissions were received in opposition during the trial period.
Staff comment
4. Given feedback received and no other feedback received by officers, Council officers consider that there is no reason to keep the rule prohibiting dogs in this area.
Recommendation
5. Allow dogs on leash on the footpaths and berms, on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road.
Petone Jackson St,
6. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically:
the entire road reserve, footpaths and berms on the road frontage of the commercial properties on Jackson Street, Petone, between its intersections with Cuba Street and Hutt Road. Refer map 41 of the Dog Bylaw, as attached as Appendix 2 to the report.
Results of trial
7. One submission opposed the presence of dogs in Jackson Street. One submission was in favour of allowing dogs on leash in Jackson Street.
Staff comment
8. Given feedback received and that there was no other feedback to officers during the trial period, Council officers consider that there is no reason to keep the rule prohibiting dogs in Jacksons St. This was surprising to staff as significant publicity had been generated during the development of the bylaw with submissions in favour of allowing dogs on leash down Jackson Street.
Recommendation
9. Allow dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Jackso Street, Petone, between its intersections with Cuba Street and Hutt Road.
Rimu and Oroua Streets.
10. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically the entire road reserve, footpaths and berms on the road frontage of the commercial properties on Rimu and Oroua Streets. Refer to map 44 of the Dog Bylaw, as attached as Appendix 3 of the report.
Results of trial
11. Two submissions were opposed to the presence of dog on leash and 16 submissions were in favour of allowing dog on leash on the footpath and berm.
Staff comment
12. Given the submissions received and some feedback to officers saying allowing dog on leash in this area is what we already do here, Council officers consider that there is no reason to keep the rule prohibiting dogs in Rimu and Oroua Streets.
Recommendation
13. Allow dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Rimu and Oroua Streets
Days Bay Beach north of wharf
14. The previous bylaw prohibited dogs in this area. The trial allowed dogs on the beach to be off leash.
15. Due to public feedback and the concern of safety of children around dogs over the summer period Council changed its original position from allowing dogs on the beach off lead at all the times to allowing dogs off leash between 8pm to 9am from the start of daylight saving (25 September). Council resolved:
“That Council:
(i) agrees that when daylight savings starts that dogs are only permitted off leash north of the Days Bay Wharf, Eastbourne after 8.00pm until 9.00am, and at all other times must be on a leash; and
(ii) notes that this is in line with the rest of the City’s beach areas, where dogs are required to be leashed between those respective times.”
16. Since that date Council has received a further 41 submissions in favour of the new times with 21 of these requesting dogs off leash from 7pm to 10am, 1 December to 31 March the rest of the year dogs allowed off leash.
17. Four submissions were opposed to any dogs on the beach.
Staff Comment
18. Council Officers agree that the dogs should not be allowed to intimidate the public and this ties into the usage of the beach time by the public, so prohibiting dogs from the beach between 10am to 7.00pm from 1 December to 31March, weekends and public holidays is supported by video evidence and local residents observations. Feedback would also suggest that the beach does not get that much use other than by dog walkers during the rest of the year. Most of these dog owners are locals, very responsible and pick up debris and generally take pride in keeping “their” beach pristine for other users, for which council is grateful.
19. Council has the ability by resolution to change these rules if they do not work at any time.
Recommendation
20. Allow dogs off leash on the beach north of Days Bay between the hours of 7.00pm to 10.00am, between 1 December – 31 March and allow dogs off leash from 1 April to 30 November except on Saturdays, Sundays and public holidays when dogs are prohibited between 10.00am to 7.00pm.
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No. |
Title |
Page |
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1View |
Map 51 Wainuiomata Road, Wainuiomata |
43 |
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2View |
Map 41 Jackson Street, Petone |
44 |
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3View |
Map 44 Rimu Street, Eastbourne |
45 |
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4View |
Map 54 Days Bay, Eastbourne |
46 |
Author: Geoff Stuart
Divisional Manager, Regulatory Services
Reviewed By: Bradley Cato
Solicitor
Approved By: Joycelyn Raffills
General Manager, Governance and Regulatory