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This is the latest version of this By-law.
Environmental Health By-law, 2003
- Published in Western Cape Provincial Gazette no. 6041 on 30 June 2003
- Commenced on 30 June 2003
- [Up to date as at 5 June 2020]
- [Amended by Animal on 5 August 2011]
DefinitionsIn this by-law, unless the context indicates otherwise:—"accommodation establishment" means any premises in or upon which the business of supplying lodging with or without one or more meals per day is conducted or intended to be conducted for reward or gain, but does not include any such premises which is duly registered as a hotel under any law relating to the registration of hotels, or which provides lodging with one or more meals per day and has fewer than five beds available for occupation, or which provides no meals and has fewer than three rooms that are let or intended for letting;"agent" means a person specifically or generally appointed to attend to the affairs of another;"animal" means horse, pony, mule, donkey, cattle, pig, sheep, goat, camel, reptile, indigenous animal and other wild or exotic animal, but excludes dogs and cats kept as domestic pets;"boarder" means any person to whom lodging or both lodging and meals in an accommodation establishment is or are supplied by the proprietor for reward or gain;"carcass" means the remains of any animal or poultry;"cattery" means any establishment where cats are bred or boarded;"child care facility" means any building or premises maintained or used, whether for profit or otherwise, for the temporary or partial care of children under 18 years of age apart from their parents, but does not include any boarding school, school hostel or any establishment which is maintained or used mainly for the tuition or training of children and which is controlled by or which has been registered or approved by the State;"communicable disease" means any disease which can be communicated directly or indirectly from any person suffering therefrom or who is a carrier thereof to any other person;"cost" means the amount determined by a duly authorized employee of the Council;"Council" means the Council of the City of Cape Town or its duly authorised employee, councillor, committee or agent;"generator "means a person who generates medical waste."hairdresser or barber" means a natural person who carries on business by cutting, shaving, shampooing, curling, straightening or otherwise treating or removing people’s hair or beards or providing beauty treatment for reward or gain;"health nuisance" means any activity, condition, premises or thing which, on account of effluent, vapours, chemical effluvia, odours, noise, vibration, radiation, refuse, waste products, dirt, chemical or biochemical material, microbial infection, vermin, vegetation, overcrowding, lack of proper general hygiene, ventilation, lighting, design, situation or on account of any other cause or practice whatsoever, is/are in the opinion of the Director: City Health or a duly authorised council employee potentially injurious or dangerous to health or which is/are offensive, including, without affecting the generality of the aforegoing, any facility for the storage, distribution or handling of water that is likely to be used by man for domestic purposes or consumption, including such water itself, which is contaminated or polluted;"kennel"means any establishment that has as its business the breeding, training or boarding of dogs and includes pounds whether operated by the State or otherwise;"medical certificate" means a certificate signed by a medical practitioner;"medical practitioner" means a person registered as such under the laws relating to the registration of persons as medical practitioners;"medical waste" includes—(1)any waste, whether infected or not, resulting from a medical, surgical, veterinary or laboratory procedure on humans or animals, such as blood, body fluids, tissue, organs, body parts, extracted teeth, corpses (excluding corpses intended for burial in terms of the Births and Deaths Registration Act, 51 of 1992);(2)used medical equipment and other medical material which is capable or is reasonably likely to be capable of causing or spreading disease or causing or spreading infection, such as used surgical dressings, swabs, blood bags, laboratory waste, blood collection tubes, colostomy- and catheter-bags; gloves, drip bags, administration lines and tongue depressers.(3)contaminated and uncontaminated sharps, including clinical items which can cause a cut or puncture or injection, such as needles, syringes, blades and microscope slides;(4)pharmaceutical products which have become outdated or contaminated or have been stored improperly or are no longer required, such as human and animal vaccines, medicines and drugs;(5)genotoxic chemical waste and radio isotopes from experimental or diagnostic work or any other source;"nightsoil" means human excrement not disposed of in an approved sanitary convenience;"objectionable material" means garden litter, rubbish, waste material, rubble, scrap metal, article or thing, disused machinery, motor cars or other vehicles, as well as the disused parts thereof, refuse from any building operations, or any refuse capable of being deposited on any land or premises, including new or used building materials not necessarily required in connection with bona fide building operations actually in progress on any land, and includes any solid, liquid or gas which is or may become a nuisance or which materially interferes with the ordinary comfort or convenience of the public;"occupier" in relation to any premises means and includes —(1)Any person in actual occupation of those premises; or(2)Any person legally entitled to occupy those premises; or(3)Any person having the charge or management of those premises, and includes the agent of any such person when he is absent from the Republic of South Africa or his whereabouts are unknown."offensive" means a state of affairs which is a health hazard or which has the potential to result in a health hazard"overcrowding" means(1)a residential occupancy in excess of 12 occupants per sanitary convenience and/or(2)occupancy of habitable rooms (being all rooms in a dwelling excluding kitchens, bathrooms and sanitary conveniences) for sleeping purposes where such occupation exceeds 1 adult person per 4 m² and/or 1 child under 10 years of age per 2 m²."owner" includes—(1)The person or persons in whom from time to time shall be vested the legal title to any immovable property.(2)In any case where a property is subject to a registered lease the lessee of such property.(3)In cases where the person in whom the legal title is vested is insolvent or deceased, or is of unsound mind or whose estate has been assigned for the benefit of his creditors, the person in whom the administration of the property is vested as trustee, executor, curator or assignee, or administrator.(4)In cases where the owner as above described is absent the agent or person receiving the rent of the property in question.(5)In any case where the property is beneficially occupied under a servitude or right similar thereto the occupier of such property."permit" means the written permission granted by the Council in terms of this by-law."person" includes any sphere of government; natural and juristic personperson includes any sphere of government; natural and juristic persons"poultry" means any fowl, goose, ostrich, duck, pigeon, dove, turkey, muscovy, guinea-fowl, peacock and/or peahen or bird whether domesticated or wild."premises" means any building, tent or any other structure, together with the land on which the same is situated and the adjoining land used in connection therewith and any land without buildings or tents, and includes any vehicle, conveyance, ship or boat."proprietor", in relation to an accommodation establishment, means the natural person who carries on or who is charged with carrying on business by supplying lodging or both lodging and meals for reward or gain and includes an owner of said property;"structure" means any stable, shed, pigsty, kraal, aviary, paddock, covering structure, poultry house, enclosure, run, loft or building used for the keeping, housing or enclosing of animals and poultry;"styptic" means a substance applied to stop bleeding."trades" for purpose of this by-law is restricted to the following: accommodation establishments, hairdressers and barbers, tattooing and body piercing of humans and child care facilities."transporter" means any person who removes medical waste from the premises of a generator or who transports medical waste or both."verminous" means being infested with vermin which includes but is not limited to lice, fleas and any organism which may infest or be parasitic on a person.
Part 1 – Prevention and suppression of health nuisances
1.No owner or occupier of any shop or business premises or vacant land adjoining a shop or business premises shall use, cause or permit to be used such shop or business premises, vacant land or any portion thereof which is open to the public, for the purpose of storing, stacking, or keeping any waste material, refuse, crates, cartons, containers or any other articles of like nature in such a way as to cause a health nuisance.
2.Notwithstanding the provision of any other by-law or legislation no person shall—
4.No person shall occupy or cause or suffer to be occupied any premises for habitable purposes so as to be a health nuisance, whether by overcrowding or otherwise.
5.The owner of any premises which is let or sublet to more than one tenant, shall maintain at all times in a clean and sanitary condition every part of such premises as may be used in common by more than one tenant.
6.No person shall keep, cause or suffer to be kept any factory or trade premises so as to cause or give rise to smells or effluvia that constitute a health nuisance.
7.Every person who is the occupier or in charge of any premises or the owner of any vacant land in the area of jurisdiction of the council, shall take all possible precaution to prevent conditions favouring the multiplication and prevalence of, and shall take steps for the eradication of mosquitoes, flies, fleas, bugs, cockroaches or other vermin or pests. An authorised person employed by council may serve upon such owner, occupier or person in charge a notice in regard to the prevention or eradication of any such vermin or pest and specify a time period within which such vermin and/or pest must be eradicated.
8.No person shall keep, cause or suffer to be kept on any premises any accumulation or deposit of filth, rubbish, refuse, manure, other offensive matter, or objectionable material or thing so as to be a health nuisance.
9.No person shall, without the written permission of the council, occupy or permit to be occupied for human habitation a caravan, tent or other similar shelter of any description on unserviced land except on an authorised camping or caravan site.
10.Any person who contravenes or fails to comply with any provisions of this part or fails to comply with any notice lawfully given thereunder shall be guilty of an offence.
Part 2 – ***[Part 2 (sections 11 to 22) repealed by section 36(k) of the Animal By-law, 2011]
Part 3 – Medical waste management
27.Any person who contravenes any provision of this part or fails to comply with any notice lawfully given thereunder commits an offence.
Part 4 – Trades
28. Accommodation establishments
29. Hairdresser and barbers
30. Tattooing and body piercing of humans
31. Childcare facilities
32.Any person who contravenes any of the provisions of this part shall be guilty of an offence.
Part 5 – The conveying and handling for sale of meat intended for human consumption
33.No person shall convey or cause or suffer to be conveyed any meat for sale and intended for human consumption, save in accordance with the following requirements:(a)If the conveyance is a vehicle of 1 ton or over:(i)Its internal walls, floor and roof shall be continuously lined with corrosion resistant metal or other approved impervious suitable material. Such lining shall be rounded at all corners, junctions and intersections, and all joints shall be seamless. The vehicle shall be maintained externally, internally and mechanically in good order and repair.(ii)Its body shall be insulated in such a way that the temperature of the meat shall not rise more than 5° Centigrade per hour.(iii)The rear end or sides of its body shall be fitted with a closely fitting metal door or doors, the interior of which shall also be of non-corrodible metal and be as far as possible free of projections and ledges.(iv)A fixed observation panel of glass in the partition between the driver’s cab and the body of the vehicle is permissible.(v)A non-corrodible metal bar or bars with fixed or movable non-corrodible metal hooks, shall be fitted to the roof of the vehicle, and all carcasses, or portions of carcasses shall be hung therefrom during transit. Such bar or bars shall be fixed high enough to ensure that carcasses hang clear of the floor.(vi)All chains or bars used for stabilising the load shall be of non-corrodible metal and so installed that they can be easily removed for cleaning.(vii)A loose non-corrodible container, approved by the Director: City Health or his authorised representative, and easily removable for cleaning, shall be provided inside the vehicle for conveying offal, and no offal shall be conveyed in such vehicle except in such container. Such container may be carried on the outside of the vehicle, provided it is fitted into another container that will protect its contents from contamination, and it can be easily removed for cleaning.(b)If the conveyance is a trailer, it shall comply with the provisions of sub-section (a)(i), (ii), (iii), (v), (vi) and (vii).(c)If the conveyance is a vehicle of under 1 ton:(i)It shall comply with the requirements of subsection (a) (i) and (iii).(ii)It shall be permissible for retail butchers to convey therein meat from an abattoir to their trading premises without hanging such meat, provided that it is conveyed in non-corrodible containers of adequate size, approved by the Director: City Health or his authorized representative, and easily removable for cleaning and that no offal is conveyed in any container used for conveying meat, but is conveyed in a separate container complying with the requirements of (a) (vii) above.(d)If the conveyance is a vehicle, conveying meat to a retail customer, the provisions of sub-section (a) (i) and (iii) shall be complied with.(e)Cooked or prepared meats shall be conveyed in non-corrodible containers approved by the Director: City Health or his authorized representative and shall be wrapped or covered so as to prevent contamination.(f)Save as provided in sub-section (c) (ii) and (e), no meat shall be conveyed on the floor of any vehicle.(g)No person, animal or article liable to contaminate meat shall be carried in any vehicle used for conveying for sale any meat intended for human consumption.(h)The name and address of the owner and the trade name, if any, of his business shall be printed in clear letters and figures, so as to be easily seen and legible, on both sides of every vehicle used for conveying meat for sale for human consumption.
35.For a period of four years after the date of promulgation of this by law, the provisions of sections 33(a) (i), (ii), (iii), (v) and (vi), 33(b), except the provision that the trailer should comply with section 33(a) (vii) and 33(d) of this regulation, shall not apply to any vehicle already lawfully in use at such date for conveying meat for sale intended for human consumption.
36.The provisions of this part shall be in addition to, and not in substitution for, the provisions of any other regulations of the council relating to food intended for sale, except in so far as such regulations may be repugnant to or inconsistent with this regulation, in which case the provisions of this regulation shall prevail.
37.Any person who contravenes or fails to comply with any of the provisions of this part shall be guilty of an offence.
Part 6 – General provisions
38. Right of entry and inspection
39. Service of documents and process
41. ExemptionsNotwithstanding the provisions of this By-law, the Council may exempt any person and/or class of persons from any or all of these requirements and may impose any other requirements it deems appropriate.
42. RepealThe legislation appearing in Schedule 1 is repealed insofar as it has application in the municipal area of the City of Cape Town
43. InterpretationIn the event of a conflict between the English, Xhosa and Afrikaans versions of this By-law, the English version shall be decisive.
44. Short title and commencementThis By-law shall be know as the Environmental Health By-law and come into operation on the date of publication in the Provincial Gazette.
- Entire By-law
- Part 1 – Prevention and suppression of health nuisances
- Part 2 – ***
- Part 3 – Medical waste management
- Part 4 – Trades
- Part 5 – The conveying and handling for sale of meat intended for human consumption
- Part 6 – General provisions
- Schedule 1