Residents of Mitcham are permitted to keep animals and birds on their property as long as they comply with the guidelines to prevent animals and birds causing a nuisance or being injurious to health. This includes poultry, rats, dead animals, nuisance birds, etc.

Guidelines for Keeping Animals and Birds

To prevent animals and birds causing a nuisance or being injurious to health.

Section 254 of the Local Government Act, 1999, provides Council with the 'power to make orders' to prevent a person(s) from doing or refrain from doing a specified thing. The provisions cover:

• Unsightly condition of land;
• Hazards on lands adjoining a public place;
• Inappropriate use of vehicle; and
• Animals that may cause a nuisance or hazard.

To help members of the community understand the expectation of Council in these matters the following guidelines for keeping animals and birds are provided to help avoid action being taken under the Order Making provisions of Section 254 of the Local Government Act, 1999.

The following provisions provide some guidance to the Community. However, the Council may still make an order under the Local Government Act 1999 notwithstanding a person following these guidelines if the Council considers it appropriate to do so.

Poultry Shelters

Poultry should be contained in a structure which:

1. Has a floor area of at least one square metre for each bird therein;
2. Is provided with a shelter of solid construction with a rainproof roof and an internal floor surface constructed of or paved with concrete or other material approved by Council to a smooth, hard, impervious finish with a floor area of at least 0.3 square metres for each bird therein;
3. Is maintained at all times in good order and repair and in a clean and sanitary condition free from rats, vermin, offensive odours or conditions;

and which is located:

1. Not less than 25 metres from the front boundary of the property;
2. Not further forward on the property that the rear half thereof or the rear alignment of any house thereon;
3. Not less than one metre from any boundary of the property; or
4. Not less than 15 metres from any dwelling or one metre from a shed.

Roosters

Persons should not keep or allow to remain on the land of which he or she is the owner or occupier any noisy bird, where the noise emanating from the noisy bird may cause a nuisance to any neighbour.

Food and Rats

Persons should not keep or allow to remain on the land of which he or she is the owner or occupier any poultry unless

1.  Vermin proof receptacles are provided for storing bran, pollard, grain or other matter intended for the feeding of such poultry, and -

• Such receptacles are at all times kept clean, sanitary and in good order and condition; and
• No food for poultry is allowed to remain outside of such receptacles unless for the purpose of immediate consumption; and

2.  That person keeps the land free from rats and mice.

Dead Animals or Birds

A person should not

1. Neglect to bury or otherwise lawfully dispose of in a sanitary manner any dead animal or bird belonging to him or her, or in his or her charge of keeping forthwith upon the death of that animal or bird; or
2. Suffer or allow any dead animal or bird to remain on any premises in his or her occupation unburied or not otherwise lawfully dispose of in a sanitary manner.

No Animal or Bird to Be a Nuisance

Persons should not keep or allow to remain on the land of which he or she is the owner or occupier any animal or bird so as to be a nuisance or injurious to health by reason of:

1. the number of animals or birds;
2. the noise made by the animal or bird;
3. the dust or odour generated by the presence of the animal or bird;
4. the attraction of flies, rats, mice or other vermin;
6. the nature and location of housing facilities for the animal or bird;
7. the animal or bird not being adequately contained on the land; or
8. the animal or bird being allowed to wander or fly from or to land either alone or in numbers;
9. droppings emanating from the animals or birds; or
10. for any other justifiable reason.

Definitions

Noisy bird - Includes any rooster, goose, pheasant, parrot, cockatoo, galah or peacock; and

Poultry - Includes fowls, ducks, geese, pheasants and turkeys of either sex over the age of four(4) weeks.

Please note that this information sheet is only intended to provide guidance to the community and does not in any way bind the Council.

The Council may make an Order under the Local Government Act 1999 directing a person to do or refrain from doing something notwithstanding that a person has followed these guidelines if circumstances exist which in the Council's opinion warrant the making of an Order.

If you wish to lodge a formal complaint with the City of Mitcham inrelation to an animal or bird which is creating a noise or nuisance persistently to such a degree that it unreasonably interferes with your peace, comfort or convenience please complete a Section 254 Log Sheet.

Further advice and clarification on information provided can be gained by contacting Council's Customer Service Centre on 8372 8888 during normal office hours.

Council also has traps available for hire for the trapping of cats, small dogs, possums, rabbits and foxes.