71 01 May 2017
07 April 2017
File: (17/632)
Report no: PRC2017/2/114
Dog controls for Avalon Park
Purpose of Report
1. To seek Council approval to proceed with a public consultation process to seek feedback on dog controls for Avalon Park.
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Recommendations That the Committee recommends that Council: (i) approves the public consultation process, starting on 1 May 2017; and (ii) appoints a subcommittee to hear submissions on the proposed dog controls for Avalon Park and make recommendations to Council. |
Background
2. Avalon Park is a 6ha site located near the Hutt River on the corner of Taita Drive and Fairway Drive in Lower Hutt, and is owned and managed by HCC.
3. Avalon Park contains a broad range of facilities and is undergoing an upgrade to transform it in to a “a park of local and regional significance’, which is a place that encourages a wide range of users, a place that is special, inspirational and a source of fond memory.
4. This upgrade will be completed later this year and now is the appropriate time to review the dog bylaw controls for the park because the layout has given rise to the perimeter track being used by members of the public to walk their dogs.
5. Since the 2005 Dog Control Bylaw was adopted and again reviewed in 2015 Avalon Park has been a prohibited area for dogs, except for an area at the northern end that allows dogs to be on leash.
6. The bylaw states:
Resolution to Specify Dog Prohibition Areas
8A.1 The Council may, by resolution, specify dog prohibition areas where dogs are prohibited to enter upon or remain in.
8A.2 A resolution made under clause 8A.1 may specify that dogs are prohibited from the area either generally or only in relation to specified times and days or events.
8A.3 The Council may amend or revoke a resolution made under clause 8A.1 at any time.
8A.4 Before making a resolution under clause 8A.1, the Council must take into account:
a. The need to minimise danger, distress and nuisance to the community generally.
b. The need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults.
c. The importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs.
d. The exercise and recreational needs of dogs and their owners.
e. Impact on wildlife areas.
f. Whether it is necessary to consult with the public to gauge community views on a proposed dog prohibition area.
g. Any other information considered by the Council to be relevant.
7. These are the key matters Council must take into account when establishing dog prohibition areas.
Discussion
8. To address the matters outlined above, below is the matter in italics followed by the response from Council officers;
a) The need to minimise danger, distress and nuisance to the community generally.
9. Council’s Bylaw 2015 reflects how the community has agreed to minimise danger and distress in the community and specifically for Avalon Park the current status is shown on Map 53 in the Bylaw see Appendix 1. With the redevelopment of the Park there is a need to review the current control to ensure minimum danger, distress and nuisance is achieved.
b) The need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults.
10. Avalon Park is now a park of local and regional significance with some of the best play equipment in the Wellington region and as such has a significant number of families and children attending on a daily basis. Council Animal Services staff have always advocated that children’s play areas and surrounding areas should be dog free to minimise danger and distress to the community. This has been managed through prohibiting the access of dogs to children’s play grounds.
c) The importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs.
11. The playground areas are to be kept clear of dogs however there is an area in the northern part of the park that has a natural tree separation between the play grounds and current open space area or where dogs can be taken on leash. The current map showing the two different designated areas needs to be changed to reflect the actual area used for Dog Prohibited area and public space at the northern end of the park. See Appendix 2 reflecting the change.
d) The exercise and recreational needs of dogs and their owners.
12. The Bylaw allows for the exercise and recreational needs of dogs and owners through the provision of some of the most extensive designated dog exercise areas in the country. Hutt City has more than 30 of these areas and one of these is adjacent to Avalon Park see Appendix 1. Avalon Park does provide an area at the northern end that allows dogs to be exercised on lead and Avalon Park has a perimeter walk way that is used by walkers, runners and a number of dog owners that walk their dogs on leash. The walking of dogs on leash around this walkway is currently in breach of the Dog Control Bylaw 2015, dog prohibited status as shown in Appendix 3.
13. Council needs to either confirm the prohibited status of the perimeter track or changed the status to public open space thus allowing dogs to be walked on leash around the walkways.
e) Impact on wildlife areas.
14. There are no wildlife areas within Avalon Park.
f) Whether it is necessary to consult with the public to gauge community views on a proposed dog prohibition area.
15. Avalon Park has a new and changed nature, that is a regionally significant park with extensive children’s play equipment and experiences to be had. The park layout has changed and members of the public are using the park as they seek to get the maximum benefit from it, which includes the use of the perimeter walking track being used for walking dogs.
16. Due to the perception of what is intimidating and fearful by the users of the children’s play areas and the dog walkers using the perimeter walkway; council officers recommend that council goes out for public consultation to get a full consideration of the issues and concerns of the local environment.
17. Council could seek feedback on:
1 Should the entire Avalon Park area be designated a Dogs Prohibited area?
2 Should Avalon Park remain a Dog Prohibited area with the exception of the northern end being realigned to cover the open space area as outlined in Appendix 2?
3 Should the playing areas be designated as Dog Prohibited areas and the walking tracks to allow dogs on leash as outlined in Appendix 3?
g) Any other information considered by the Council to be relevant.
18. The Council has two ways to exercise control of dogs in public places.
19. The default position is that dogs in public places should be on leash and under control at all times.
20. Council can, through the bylaw, regulate where dogs can be prohibited from an area, or where dogs can be allowed to be off leash, in designated dog exercise areas however dogs must still be under control.
21. As a general rule there is always a percentage of the population that have a fear of dogs (as much as 10%) and Council needs to address the question that the public should be able to use streets and public amenities without fear of attack or intimidation by dogs; and to balance that with the need to provide areas for the exercise and recreational needs of dogs and their owners.
Options
22. Status quo is not an option due to the redevelopment of the park.
23. The preferred option is that Council goes out for public consultation to get a full consideration of the issues and concerns with the three questions outlined in paragraph 17.
24. Council amends the current dog prohibited areas for Avalon Park pursuant to clause 8 of the Dog Control Bylaw 2015 without gaining community views first.
Consultation
25. If Council wants to undertake public consultation the following steps could be taken.
§ Local residents including non-dog owners will get a letter outlining the proposal and how/when to make a submission,
§ Contact dog owners with an email outlining the proposal and how/when to make a submission,
§ Put a public notice in the Hutt News,
§ Send an email to Council’s contact list of 1000 plus residents that express interest in general Council matters.
26. The email/letter will explain the proposal and the reasons for the proposal, timeframes, information on how a submission can be made, and the opportunity for submitters to present their submission in person.
27. As the consultation process will be carried out with the affected parties, the proposed timeframe for this process is four weeks. This is in line with the principles of consultation outlined in section 82 of the Local Government Act 2002, which provides discretion to Council to determine the appropriate method of consultation.
28. A timetable could be as follows:
§ 1 May 2017 – letter sent to affected parties,
§ May 2017 – consultation period,
§ After closing date of submissions, schedule a meeting for the hearing*** of submissions,
§ Hearing Subcommittee then present its recommendations to Council for consideration and adoption,
§ ***This will require appointment of a Sub Committee with delegated authority to hear submissions and make recommendations to Council.
Legal Considerations
29 Council is following the procedure set out in the Dog Control Bylaw 2015 Section 8:-
8A.3 The Council may amend or revoke a resolution made under clause 8A.1 at any time.
8A.4 Before making a resolution under clause 8A.1, the Council must take into account:
Financial Considerations
30. No financial considerations were considered for this decision
Other Considerations
31. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it meets the future needs of the community.
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No. |
Title |
Page |
|
1View |
Map 53 |
73 |
|
2View |
Dog Prohibited Area |
74 |
|
3View |
Perimeter Walking Track |
75 |
Author: Geoff Stuart
Divisional Manager, Regulatory Services
Approved By: Joycelyn Raffills
General Manager, Governance and Regulatory