City of south perth




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PART 5 - NUISANCES AND GENERAL
Division 1 - Nuisances
Interpretation
50. In this Division, unless the context otherwise requires -
"fertiliser" includes manure.
Footpaths etc, to be kept clean
51. An owner or occupier of premises shall maintain any footpath, pavement, area or right of way immediately adjacent to the premises, clear of any rubbish, matter or things coming from or belonging to the premises.
Escape of Smoke etc.
52. (1) Subject to sub clause (2), an owner or occupier of premises shall not cause or permit the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance.
(2) Sub clause (1) does not apply to smoke from the chimney of a private dwelling house.
Public Vehicles to be kept clean
53. The owner or person in control of a public vehicle shall -

(a) maintain the vehicle at all times -

(i) in a clean condition; and

(ii) free from vectors of disease; and


(b) whenever directed to do so by an Environmental Health Officer, thoroughly clean and disinfect the vehicle as directed.
Prohibition against Spitting
54. A person shall not spit -

(a) on a footpath, street or public place; or

(b) in a train, bus or other public transport.
Transportation, Use and Storage of Offal or Blood
55. A person shall not transport or store offal or blood, for the purpose of being used as manure, unless it has been sterilised by steam and properly dried.
Use or Storage of Fertiliser
56. An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any -

(a) pig manure;

(b) human faeces; or

(c) urine.


Storage and Despatch of Artificial Fertiliser
57. An owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall -

(a) keep all artificial fertiliser in a building -

(i) of which the walls, floors and ceilings or undersides of the roof are constructed of durable and non-absorbent materials finished internally with a smooth surface; and

(ii) free from damp and properly ventilated;


(b) take proper precautions to prevent the emission of dust or offensive effluvia from the building; and
(c) ensure that all artificial fertiliser despatched from the premises is packed in such a manner as to prevent any nuisance arising during transit.
Storage of Fertiliser in a House
58. The owner or occupier of a house where fertiliser or compost is stored or used shall -

(a) prevent the escape of odours, dust or particles of fertiliser or compost;


(b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being a breeding place for flies or other vectors of disease; and
(c) store only such amounts of fertiliser or compost -

(i) as can be readily used within a reasonable period; or

(ii) as may be directed by the Manager, Environmental Health & Regulatory Services.
Division 2 - Keeping of Animals
Cleanliness
59. An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall -

(a) keep the premises free from excrement, filth, food waste and all other matter, which is or is likely to become offensive or injurious to health or to attract rats or other vectors of disease;


(b) when so directed by an Environmental Health Officer, clean and disinfect the premises; and
(c) keep the premises, so far as possible, free from flies or other vectors of disease by spraying with a residual insecticide or other effective means.
Animal Enclosures
60. (1) A person shall not keep or cause or permit to be kept any animals or birds on premises, which are not effectively drained.
(2) The owner or occupier of premises where animals or birds are kept shall, when directed by the Manager, Environmental Health & Regulatory Services, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals or birds.
Cats
61. (1) No person shall keep more than 2 cats over the ages of 3 months on premises on any lot within the district.
(2) In this clause “lot” has the same meaning as given in the Town Planning Development Act 1928, as amended.
Slaughter of Animals
62. (1) Subject to sub clause (2), a person shall not slaughter any animal within the district.
(2) Sub clause (1) does not apply to euthanasia of animals by veterinarians or other duly authorised persons.
Disposal of Dead Animals
63. (1) An owner or occupier of premises on which there is a dead animal shall immediately remove the carcass and arrange for its disposal at an approved disposal site.
(2) An owner, or a person having the care of any animal that dies or is killed in a public or private place shall immediately remove the carcass and arrange for its disposal at an approved disposal site.
Division 3 - Keeping of Large Animals
Interpretation
64. In this Division, unless the context otherwise requires -
"cow" includes an ox, calf or bull;
"horse" includes an ass, mule, donkey or pony; and
"large animal" includes a pig, sheep, deer, goat, and camel, including miniature species of the same or any animal, as determined by the Manager, Environmental Health & Regulatory Services.
Keeping of Large Animals
65. The occupier of any premises shall not keep or allow to be kept on those premises any cow, horse or large animal.
Division 4 - Keeping of Poultry and Pigeons
Interpretation
66. In this Division, unless the context otherwise requires –
“pigeon” includes doves; and
“poultry” includes domestic fowls.
“lot” has the same meaning as is given to it in the Town Planning Development Act 1928, as amended.
“Affiliated Person” means a person who is a member of a properly constituted Pigeon Club.
“Code of Practice” means the “Code of Practice, Pigeon Keeping and Pigeon Racing” published in 1994 by the Pigeon racing Federation of Western Australia (Incorporated) and the Racing Pigeon Federation (Incorporated).
Limitations on Numbers of Pigeons and Poultry
67. (1) A person shall not keep a combined total of more than 12 poultry on any lot within the district.
(2) A person shall not keep or suffer to remain in a residential area a rooster, turkey, duck, geese, peacock or peahen.
(3) A person shall who is an Affiliated Person, shall not keep a total of more than 50 pigeons on any one lot within the district, or any other number greater than 50, as approved by the Manager, Environmental Health & Regulatory Services.
Conditions of Keeping Poultry
68. A person who keeps poultry or permits poultry to be kept shall ensure that -

(a) all poultry are kept in a securely fastened enclosure whose area is equal to at least one square metre for each bird kept therein, and which is located at least one metre from any boundary;


(b) there is a roofed structure within that enclosure of sufficient area to enable all poultry to obtain shade and shelter, and that there is a floor beneath the structure constructed of smooth, impervious material with a gradient of at least 1 in 50 to the front of the structure;
(c) no poultry or poultry enclosure and structure is able to approach within 9 metres of a dwelling, public building or food premises, in which case local government may approve a lesser distance;
(d) no poultry is able to approach within 25 metres of a street other than a pedestrian access way except where the land is at the junction of two or more streets, in which case local government may approve a lesser distance; and
(e) the enclosure and roofed structure are kept in clean condition and good repair at all times, with effective measures taken to control flies, rodents and prevent offensive odours.
Conditions of Keeping Pigeons
69. A person who keeps pigeons or permits pigeons to be kept shall ensure that –
(a) no pigeon or pigeon enclosure or structure is able to approach within 9 metres of a dwelling, public building or food premises, in which case local government may approve a lesser distance; and
(b) no pigeon is able to approach within 25 metres of a street other than a pedestrian access way except where the land is at the junction of two or more streets, in which case local government may approve a lesser distance; and
(c) the pigeons are housed in a structure built, in accordance with the “Code of Practice”
Removal of Pigeons and Poultry
70. (1) A person who keeps or allows to be kept any pigeons or poultry on any lot within the district, contrary to these Local Laws may be directed by the Manager, Environmental Health & Regulatory Services to remove them within a time specified;
(2) An owner or occupier shall comply with a direction from the Manager, Environmental Health & Regulatory Services under this clause.
Removal of Non-Conforming Structure or Enclosure
71. (1) If a structure or enclosure is used for the keeping of poultry or of pigeons contrary to the provisions of these Local Laws, the Manager, Environmental Health & Regulatory Services may direct the owner or occupier to remove it.
(2) An owner or occupier shall comply with a direction from the Manager, Environmental Health & Regulatory Services under this clause.
Restrictions on Pigeon Nesting or Perching
72. (1) The local government may order an owner or occupier of a premises in or on which pigeons are, or are in the habit of, nesting or perching to take adequate steps to prevent them continuing to do so.
(2) An owner or occupier shall comply with a local government order made under this clause.
Division 5 - Car Parks
Interpretation
73. In this Division, unless the context otherwise requires -
"attendant's booth" means a booth, which is positioned inside a car park for the containment of a parking attendant;
"car park" means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; and
"occupier" means a person having the charge, management or control of a car park.
Ventilation
74. (1) A person shall not use or occupy, or permit to be used or occupied, a car park unless it is ventilated by either -

(a) natural ventilation; or

(b) mechanical means,

in accordance with AS1668.2 - 1991.


(2) If, in the opinion of the Manager, Environmental Health & Regulatory Services, a car park is not properly ventilated, the local government may by notice require the occupier within a specified time to -

(a) provide a different or additional method of ventilation; and

(b) cease using the car park until it is properly ventilated.
(3) An occupier shall comply with a notice under sub clause (2).
Exhaust Air Discharge Points and Exhaust Registers
75. An owner or occupier shall ensure that -

(a) all exhaust air that is discharged from a car park shall be discharged -

(i) at discharge points in accordance with AS1668.2 - 1991; and

(ii) located so that the hourly average exhaust flow rate is not reduced below the minimum requirement of AS1668.2 - 1991;

(iii) at a velocity and in a direction so as not to be a danger to health or a nuisance;
(b) exhaust registers are located -

(i) as far as possible from the source of supply air; and

(ii) so as to draw effluent away from staff working in the attendant's booth;
(c) in the case of a car park having a floor level below that of the external ground level, at least 50% of the required exhaust air is drawn into exhaust registers having their bottom edge located within 100 millimetres of the floor level; and
(d) any mechanical ventilation system is -

(i) maintained in good working condition; and

(ii) in operation at all times when the car park is in use.
Car Park Attendant Booths
76. (1) An owner or occupier shall ensure that an attendant's booth -

(a) is provided with a fresh air supply ventilation system -

(i) with air flow rates that give a minimum of 40 air changes per hour; and

(ii) which is in operation whenever the booth is occupied;

(b) has intakes for fresh air located and arranged so that under all conditions of normal operation adjacent sources of pollution do not reduce the quality of fresh air;

(c) has a capacity of not less than 5 cubic metres;

(d) has all windows and doors, except at the toll taking area opening, closed at all times when an attendant is in the booth; and

(e) has a toll taking opening that is of a minimum size that is practicably required to carry out the operation of toll paying.


(2) If, in the opinion of the Manager, Environmental Health & Regulatory Services, an attendant's booth is not properly ventilated in accordance with sub clause (1), the local government may by notice require the occupier to cease using the booth until it is properly ventilated.
(3) An occupier shall comply with a notice under sub clause (2).
PART 6 - PEST CONTROL
Division 1 - Flies
Interpretation
77. In this Division, unless the context otherwise requires -
"flies" means any of the two-winged insects constituting the order Diptera commonly known as flies.
Fly breeding matter not to be left on Premises unless Covered or Treated
78. An owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed, thrown or left, in on or about the premises any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies.
Measures to be taken by an Occupier
79. An owner or occupier of premises shall ensure that -

(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied;


(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay;
(c) lawn clippings used on gardens as mulch are raked out thinly;
(d) fertilizers are dug well into the soil;
(e) compost heaps are kept well covered;
(f) barbecues are kept clean and free from food scraps;
(g) anything that is buried and may attract or be a breeding place for flies is covered with at least 100 millimetres of soil; and
(h) excrement from pets is collected and properly disposed of without delay.
Officer may give Notice directing measures to be Taken
80. Where in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any premises, the Officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Officer are necessary to -

(a) control the prevalence;

(b) effect the eradication; or

(c) effectively prevent the breeding

of flies.
Local government may Execute Work and Recover Costs
81. (1) Where -

(a) a person is required under this Division or directed by a notice given under clause 81, to execute any work; and

(b) that person fails or neglects to comply with the requirement,

the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under these Local Laws.


(2) The costs and expenses incurred by the local government in the execution of a power under sub clause (1) may be recovered in a court of competent jurisdiction from the person referred to in sub clause (1).
(3) The local government shall not be liable to pay compensation or damages of any kind to the person referred to in sub clause (1) in relation to any action taken by the local government under this clause.
Division 2 - Mosquitoes
Interpretation
82. In this Division, unless the context otherwise requires -
"mosquitoes" means any of the two-winged insects constituting the family Diptera Culicidae commonly known as mosquitoes.
Premises to be kept free of Mosquito Breeding Matter
83. An owner or occupier of a premises shall keep the premises free of -

(a) refuse; and

(b) water located so as to be,

liable to become the breeding place of mosquitoes.


Measures to be taken by an Owner or Occupier
84. An owner or occupier of premises -

(a) where there is a fountain, pool, pond or excavation of any kind which contains water suitable for the breeding of mosquitoes, shall keep the water -

(i) stocked with mosquito destroying fish; or

(ii) covered with a film of petroleum oil or other larvicide’s; and


(b) where there is a water tank, well, cistern, vat or barrel, shall -

(i) keep it protected with a mosquito-proof cover; and

(ii) screen all openings, other than the delivery exit, with wire mesh having openings no larger than 1.2 millimetres.
Measures to be taken by Occupier
85. An occupier of premises where water is kept in a horse trough, animal drinking vessel or other receptacle shall -

(a) frequently change the water; and

(b) keep the water clean and free from vegetable matter and slime.
Removal of Undergrowth or Vegetation
86. (1) Where it appears to the Manager, Environmental Health & Regulatory Services that there is, on any premises, undergrowth or vegetation likely to harbour mosquitoes, he or she may direct, orally or in writing, the owner or occupier of the premises to cut down and remove within a specified time the undergrowth or vegetation.
(2) An owner or occupier of premises shall comply with a direction from, and within the time allowed by, the Manager, Environmental Health & Regulatory Services under this clause.
Filling in Excavations etc.
87. Unless written permission to the contrary is obtained from the local government, a person who cuts turf or removes soil or other material from any land shall forthwith ensure that each excavation is filled in with clean sound material and made level with the surrounding surface.
Drains, Channels and Septic Tanks
88. An owner or occupier of land shall -

(a) cause all drains and channels in or on the land to be kept in good order and free from obstruction; and

(b) where a septic tank is installed on the land -

(i) apply approved larvicide’s according to the directions on the container, into the septic tank system, whenever directed by an environmental health officer; and

(ii) provide, and keep in sound condition at all times, wire mesh having openings no larger than 1.2 millimetres covering any inlet vent to the tank.
Drainage of Land
89. An owner or occupier of land upon which there is water liable to become a breeding place for mosquitoes shall, when required by the local government, effectively drain the land and, for that purpose, shall -

(a) make or provide drains on the land;

(b) remove all irregularities in the surface of the land;

(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner that -

(i) the water on the land may flow into the drains without obstruction; and

(ii) no water shall remain on any portion of the land other than the drains; and

(d) keep all drains in good order and free from obstruction.
Officer may give Notice directing measures to be Taken
90. Where in the opinion of an Environmental Health Officer mosquitoes are breeding on any premises, the Officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Officer are necessary to -

(a) control the prevalence;

(b) effect the eradication; or

(c) effectively prevent the breeding

of mosquitoes.
Local Government may Execute Work and Recover Costs
91. (1) Where -

(a) a person is required under this Division or directed by a notice given under clause 91, to execute any work; and

(b) that person fails or neglects to comply with the requirement,

the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under these Local Laws.


(2) The costs and expenses incurred by the local government in the execution of a power under sub clause (1) may be recovered in a court of competent jurisdiction from the person referred to in sub clause (1).
(3) The local government shall not be liable to pay compensation or damages of any kind to the person referred to in sub clause (1) in relation to any action taken by the local government under this clause.
Division 3 - Rodents
Interpretation
92. In this Division, unless the context otherwise requires -
"rodents" means those animals belonging to the order Rodentia and includes rats and mice but does not include animals (other than rats) kept as pets in an enclosure designed for the purpose of keeping as pets animals of that kind.
Measures to be taken to eradicate Rodents
93. (1) An owner or occupier of premises shall at all times take effective measures to eradicate any rodents in or on the premises.
(2) Without limiting the generality of sub clause (1), an owner or occupier of premises, whenever there are indications of the presence of rodents in, on or about the premises, and while such indications continue, shall -

(a) take effective measures to keep the premises free from rodents including -

(i) protecting foodstuffs;

(ii) using a rodenticide bait or a properly baited trap; and

(iii) preventing rodents having access to water on the premises;

(b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, shall -

(i) if it is not already dead, kill it immediately; and

(ii) dispose of the carcass in such a manner as will not create a nuisance; and

(c) take whatever measures for the eradication of rodents as an Environmental Health Officer may from time to time direct.
Waste food etc. to be kept in rodent proof Receptacles
94. A person shall not place or caused to be placed in or on any premises, and an owner or occupier of premises shall not permit to remain in or on the premises -

(a) any waste food, refuse, or other waste matter which might attract rodents to the premises or which might afford harbourage for rodents; or

(b) any food intended for birds or other animals,

unless it is contained in a rodent proof receptacle or a compartment, which is kept effectively, protected against access by rodents.


Restrictions on materials affording harbourage for Rodents
95. (1) An owner or occupier of premises shall cause -

(a) any part of the premises; or

(b) any material, sewer, pipe or other thing in or on the premises,

that might afford access or harbourage to rodents to be altered, repaired, protected, removed or otherwise dealt with so as to prevent it being used as access for, or harbourage of, rodents.


(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises to take whatever action that, in the opinion of the Officer, is necessary or desirable to prevent or deter the presence of rodents in or on the premises.
(3) An owner or occupier shall within the time specified comply with any direction given by an Environmental Health Officer under this clause.
Food Premises etc. to be cleaned after Use
96. An owner or occupier of an eating house, theatre or place of entertainment, whether indoor or outdoor, shall cause the premises to be cleaned immediately after the last occasion on which the premises have been used on that day or, if the use extends after midnight, then immediately after that use.
Restrictions on the Sale or Keeping of Rats
97. (1) Subject to sub clause (2) an owner or occupier of premises shall not, on or from those premises -

(a) keep or permit to be kept a rat; or

(b) sell or offer for sale or permit to be sold or offered for sale a rat.
(2) Sub clause(1) shall not prevent the keeping of rats for the purpose of scientific or medical research on premises owned or occupied by -

(a) a university or school;

(b) a person approved by the local government; or

(c) a public hospital or a private hospital within the meaning of those expressions in the Hospital and Health Services Act 1927.


(3) A person or body specified in sub clause (2) which keeps rats for the purpose of scientific or medical research shall -

(a) at all times ensure that all live rats are kept in the effective control of a person or in locked cages; and

(b) if a rat escapes, forthwith comply with the requirements of clause 94 and ensure that all reasonable steps are taken to destroy the rat.
Division 4 - Cockroaches
Interpretation
98. In this Division, unless the context otherwise requires -
"cockroach" means any of the various orthopterous insects commonly known as cockroaches.
Measures to be taken to eradicate Cockroaches
99. (1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or on the premises.
(2) Without limiting the generality of sub clause (1), an owner or occupier of premises, whenever there are any indications of the presence of cockroaches in, on or about the premises, and while such indications continue, shall take effective measures to keep the premises free from cockroaches including -

(a) washing and storing, immediately after use, cooking and eating utensils;

(b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet food and garbage;

(c) properly treating the premises with an insecticide, taking care not to harm the safety of humans and pets or to contaminate food or cooking or eating utensils; and

(d) whenever required by an Environmental Health Officer, treating any area with baits or other methods to eradicate cockroaches.
Division 5 - Argentine Ants
Interpretation
100. In this Division, unless the context otherwise requires  
"Argentine Ant” means an ant belonging to the species Irdomyrmex humilis.
Measures to be taken to keep premises free from Argentine Ants
101. An owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant colonies and shall -

(a) immediately notify the local government of any ant nest located on the premises suspected to be an Argentine Ant nest;


(b) take all steps to locate any nests if Argentine Ants are noticed in, on or about the premises;
(c) properly treat all nests of Argentine Ants with an approved residual based insecticide; and
(d) whenever required by an Environmental Health Officer -

(i) treat any area or infestation with an insecticide referred to in sub-clause (c); and

(ii) remove any objects, including timber, firewood, compost or pot plants in accordance with a direction from an Environmental Health Officer.
Division 6 - European Wasps
Interpretation
102. In this Division, unless the context otherwise requires  
"European Wasp" means a wasp Vespula germanica.
Measures to be taken to keep premises free from European Wasp Nest
103. An owner or occupier of premises shall ensure that the premises are kept free from European Wasp nests and shall -

(a) immediately notify the local government of any wasp nest in, on or about the premises that is suspected to be a European Wasp nest;


(b) follow any direction of an Environmental Health Officer for the purpose of destroying the wasps and their nest; and
(c) assist an Environmental Health Officer, or his or her representative, to trace any nest that may be present in, on or about the premises.
Division 7 - Bee Keeping
Interpretation
104. In this Division, unless the context otherwise requires -
"bees" means an insect belonging to any of the various hymenopterous insects of the super family Apoidea and commonly known as a bee;
“district” means the district of the City of South Perth;
"footpath" includes a path used by, or set aside or intended for use by, pedestrians, cyclists or both pedestrians and cyclists;

"hive" means a moveable or fixed structure, container or object in which a colony of bees is kept;
"lot" has the meaning given to it in the Town Planning and Development Act 1928; and
"private street" has the meaning given to it by the Local government (Miscellaneous Provision) Act 1960.
Limitation on numbers of Hives
105. A person shall not keep or permit the keeping of bees in any more than 2 bee hives on any lot within the district.
Restrictions on keeping of Bees in Hives
106. A person shall not keep or permit the keeping of bees in a hive on a lot unless, at all times -

(a) an adequate and permanent supply of water is provided on the lot within 10 metres of the hives;


(b) the hives are kept -

(i) outside, and at least 10 metres from, any building other than a fence;

(ii) at least 10 metres from any footpath, street, private street or public place; and

(iii) at least 5 metres from the boundary of the lot; and


(c) the hive is screened in a manner, which affords protection to neighbouring residents and passers-by.
Bees, which cause a nuisance not to be kept
107. (1) A person shall not keep or permit the keeping of bees or transport bees or bee hives in such a manner which may cause a nuisance to any other person.
(2) A person shall and when directed, remove any bees or beehives, which in the opinion of an Environmental Health Officer are causing a nuisance to any other person.
(3) An owner or occupier shall within the time specified comply with any direction given by an Environmental Health Officer under this clause.
(4) A person shall comply with a direction within the time specified.
Division 8 – Arthropod Vectors of Disease
Interpretation
108. In this Division, unless the context otherwise requires  
"arthropod vectors of disease" includes  

(a) fleas (Siphonaptera);

(b) bedbugs (Cimex lectularius);

(c) crab lice (Phthirus pubis);

(d) body lice (Pediculus humanus var. corporis); and

(e) head lice (Pediculus humanus var. capitis);


Responsibility of the Owner or Occupier
109. The owner or occupier of premises shall -

(a) keep the premises and any person residing in or on the premises free from any arthropod vectors of disease; and


(b) comply with the direction of an Environmental Health Officer to treat the premises, or anything on the premises, for the purpose of destroying any arthropod vectors of disease.
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