Hessequa
South Africa
South Africa
Keeping and Treatment of Dogs and Cats By-law, 2021
- Published in Western Cape Provincial Gazette 8426 on 7 May 2021
- Commenced on 7 May 2021
- [This is the version of this document from 7 May 2021 and includes any amendments published up to 9 June 2023.]
Chapter 1
Interpretation and objectives
1. Definitions
In this by-law, unless the context otherwise indicates –"authorised official" means an officer authorised in terms of section 8 of the Animals Protection Act, 1962 (Act 71 of 1962) and any official of the municipality who has been authorised by the municipality to enforce the provisions of this by-law;"breed" as a noun means a population of animals which produces progeny possessing a high degree of genetic stability as evidenced by identifiable uniformity in breed standards and performance;"breed" as a verb means to allow animals to produce offspring;"breeder" means the owner of a breeding female animal at the time of natural or artificial conception or at the birth of progeny;"municipality" means the Hessequa Municipality established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"municipal manager" means the municipal manager as defined in the Systems Act, and includes a person –(a)acting in such position; and(b)to whom the municipal manager has delegated any power, function or responsibility;"nuisance" means any act or omission on any premises or public place, including any building or structure, which is offensive or dangerous, or which materially interferes with the ordinary comfort, convenience, peace or quiet of other people or which adversely effects the safety of people and includes any condition identified in section 3 of the Hessequa By-law Relating to the Prevention of Public Nuisances and Nuisances Arising from the Keeping of Animals;¹"owner" in relation to a dog or cat, includes the person having the possession, charge, custody or control of such dog or cat;"premises" means –(a)land or a portion of land, including a public place, irrespective of whether a building or structure has been constructed or erected on such land or portion thereof; or(b)a building, structure or tent and the land on which it is situated and includes any vehicle or vessel;"public place" means any land, square, building, park, recreation ground or open space which –(a)is vested in the municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General’s office and has been provided for or reserved for the use of the public or the owners of erven in such township; and"street" means any road, street or thoroughfare or any section or part thereof which is commonly used by the public or to which the public has a right of access.¹Published in Provincial Gazette Extraordinary No 6588 dd 19 December 2008.2. Objectives and application of by-law
The municipality, aware –Chapter 2
Dogs
3. Licensing and permission to keep dogs
4. Breeding and hawking of dogs
5. Dogs in streets or public places
6. Keeping of dogs
7. Treatment of dogs
Any person who –8. Destruction and sterilisation of dogs
Chapter 3
Cats
9. Restriction on number of cats
10. Powers to sterilise cats
The municipality may sterilise –11. Breeding and hawking of cats
12. Treatment of cats
Any person who –Chapter 4
General provisions
13. Conditions and restrictions
Any consent granted by the municipality in terms of this by-law may be subject to conditions that the municipality may deem fit to impose.14. Withdrawal of permission
15. Exemptions
The municipality may exempt any person and class of persons from any or all the requirements of this by-law and may impose any other requirements it deems appropriate.16. Right of entry and inspection
17. Transitional provisions
A person who, at the commencement of this by-law, owns more than two dogs or the prescribed number of cats may not replace the dogs or cats that die or are disposed of and must gradually reduce the number of dogs and cats that are kept.18. Appeal
A person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.19. Penalties
A person who has committed an offence in terms of this by-law or fails to comply with any provision thereof, is on conviction, liable to a fine or imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment.20. Application of by-law
21. Short title and commencement
This by-law is called the By-law Relating to the Keeping and Treatment of Dogs and Cats and will come into operation on the date of publication thereof in the Provincial Gazette.Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |