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Animal By-law, 2011
- Published in Western Cape Provincial Gazette no. 6896 on 5 August 2011
- Commenced on 5 August 2011
- [This is the version of this document from 5 August 2011 and includes any amendments published up to 17 March 2023.]
PreambleWHEREAS old municipalities within the area of jurisdiction of the City of Cape Town have been disestablished to form one municipality with legislative and executive powers over all areas of such old municipalities;WHEREAS there is a need to develop one piece of legislation to govern the control of animals including dogs, cats and working equines uniformly throughout the City;WHEREAS the City has competence in terms of the Constitution of the Republic of South Africa to make and administer by-laws for the effective administration of the matters which it has the right to administer;WHEREAS the City has the competence in terms of Part B of Schedule 5 of the Constitution relating to control of public nuisances, pounds, facilities for the accommodation, care and burial of animals, licensing of dogs, municipal roads, traffic and parking and has the competence in terms of Part B of Schedule 4 of the Constitution relating to municipal health services;AND NOW THEREFORE, be it enacted by the Council of the City of Cape Town, as follows:
1. DefinitionsIn this By-law, unless the context otherwise indicates-"adjoining and affected neighbour" means a neighbor whose property directly abuts the common boundary of the premises of the applicant or which is located opposite or diagonally opposite the premises of the applicant;"agricultural property" means land zoned for agricultural use in terms of any town planning scheme of the Council or any other law;"animal" means horse, pony, mule, donkey, cattle, pig, sheep, goat, camel, reptile, dog, cat, or other domestic animal, indigenous animal and other wild animal or exotic animal, but for the purpose of Chapter five, excludes dogs, cats, and working equines to the extent that they are regulated separately in other Chapters;"animal drawn vehicle" means a standard designed cart with swivel and shafts which is attached to the working equine by means of harness;"authorised official" means an officer authorized in terms of section 8 of the Animal Protection Act, 1962 (Act No. 71 of 1962) and any other official of the Council who has been authorized by the Council to enforce the provisions of this By-Law;"carcass" means the remains of any animal or poultry;"cat" means both a male and a female cat of any age, unless otherwise specified;"cattery" means premises in or upon which-(a)boarding facilities for cats are provided for; or(b)cats are bred for commercial purposes;"Council" means –(a)the Council of the City of Cape Town established by Provincial Notice No. 479 of 2000 issued in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act No 117 of 1998)(b)a successor in title;(c)a structure or person exercising a delegated power or carrying out an instruction, where any power in this By-law has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000):, or(d)a service provider fulfilling a responsibility under this By-law assigned to it in terms of section 81 (2) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), or any other law;"dog" means both a dog and a bitch of any age, unless otherwise specified;"dwelling house" means a single building designed for use as a residence for a single family situated on premises containing not more than two such buildings;"dwelling unit" means an inter-connected suite of rooms including a kitchen or scullery designed for occupation by a single family, other than a dwelling house, irrespective of whether such unit is a single building or forms part of a building containing tow or more such units;"guide dog" means a dog which has been trained to assist blind or poor-sighted person and includes a service dog which has been trained to assist a person who is mentally or physically incapacitated;"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 or are in the opinion of the Executive Director: Health or a duly authorized Council employee potentially injurious or dangerous to health or which is or 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;"kennels" means premises in or upon which –(a)boarding facilities for dogs are provided;(b)dogs are bred for commercial purposes;(c)dogs are kept for the purpose of being trained or hired out with or without handlers; or(d)dogs are kept for commercial security purposes;"large dwelling house" means a dwelling house on an erf more than six hundred square meters;"owner" in relation to a dog, cat or working equine includes any person having the possession, charge, custody or control of that dog, cat or working equine;"permit" means the written permission granted by the Council in terms of this By-Law;"person" includes any sphere of government, natural and juristic person;"poultry" means any fowl, goose, ostrich, duck, pigeon, dove, turkey, Muscovy, guinea-fowl, peacock or pea-hen or bird whether domesticated or wild;"pound" means a place designated by the Council in terms of any law for the impounding, sale and destruction of animals and includes the premises of the organizations and any other animal welfare organization recognized by the Council;"poundmaster" means a person who has been appointed by the Council to be in charge of a pound;"premises" means a building, tent or any other structure, together with the land on which the same is situated and the adjoining land is used in connection therewith and any land without buildings or tents, and includes any vehicle, conveyance, ship or boat;"public place" and public street” means –(a)a public road;(b)any parking area, park, recreation ground, sports ground sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery which has –(i)in connection with any subdivision or payout of land into erven, lots or plots, been provided or set apart for use by the public or the owners or occupiers or such erven lots of plots, whether or not it is shown on a general plan, plan of subdivision or diagram;(ii)at any time been dedicated to the public;(iii)been used without interruption by the public for a period of at least thirty years expiring after 31 December 1959; or(iv)at any time been declared or rendered as such by the City or other competent authority; or(c)a public transportation motor vehicle, but will not include public land that has been leased or otherwise alienated by the City;"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; and"working equine" means a horse, donkey, mule or ass that is fit for pulling an animal drawn vehicle used for financial gain.
2. Restriction on number of dogs
3. Dog registration and licensing
4. Permits to keep more dogs than the prescribed number
5. Amendment, suspension and cancellation of permitsThe Council may, after consideration of a report and recommendation of an authorised official or veterinary surgeon, by written notice to the holder of a permit contemplated in section 4 –
6. Prohibition relating to the keeping of dogsNo person shall –
7. Seizure, impounding and destruction of dogs
8. Fencing of propertyNo person shall keep a dog if his or her premises are not properly and adequately fenced to keep such dog inside when it is not on a leash unless the dog is confined to the premises in some other manner, provided that such confinement is not inhumane in the assessment of the authorised official.
9. The rescue of stray dogsA person who rescues a stray dog shall report the date and time of the rescue and a description of the dog to the Council within twenty four hours.
10. Dogs shall not be a source of danger
11. Removal of excrement
13. Designation of public places as free-running, on leash or off-limitsThe council must designate public places, with appropriate signage, as one or more free-running on leash or off-limits and the designation may vary according to time of day and season.
14. Restriction on number of cats
15. Powers of council to sterilize cats
16. Taking cats into custody
17. Permits to keep working equines
18. Amendment, suspension and cancellation of permitsThe council may, after consideration of a report and recommendation of an authorised official or veterinary surgeon, by written notice to the holder of a permit contemplated in section 17 –
19. Control of working equinesNo person putting to work a working equine shall-
20. Seizure, impounding and destruction of working equines
21. The rescue of impounded working equines prohibitedNo person shall, by threats of violence or otherwise, rescue or attempt to rescue from the person or persons in charge thereof any working equine being lawfully brought to the pound, or shall rescue or attempt to rescue any working equine after such working equine has been lawfully impounded by an authorised official.
Animals and poultry
22. Animals and poultryIn order to promote public health no person shall keep or permit to be kept on any premises of property any animal or poultry without the permission of the Council.
25. Storage of feed and manure, disposal of carcasses
26.The Council may from time to time determine that a fly and rodent proof manure store and feed store of adequate size and constructed of permanent material, is required on premises where animals are kept.
27. Kennels and catteriesNo person shall keep a kennel or cattery unless the following requirements are complied with a permit has been obtained from the Council:
28. Structures to be in proper state of repair and no alterations
29. Notices, amendments and cancellation of permits
30. Animals offered for saleA person or manager of premises where dogs or cats our horses are offered for sale shall keep proper records of vaccination and shall not leave such animals unattended overnight.
31. FireworksNo person may terrify or cause stress to any animal with fireworks or by any other means.
32. Animal crueltyAny person who -
Duties of pound master
33. Duties of pound masterA pound master –
34. Offences and penalties
35. Application to the state and councilThese By-laws bind the State and Council.
36. RepealThe following By-laws are hereby repealed:
37. Transitional provisions
38. Short titleThis law is called the City of Cape Town: Animal By-law, 2010.
History of this By-law
5 August 2011 this versionPublished in Western Cape Provincial Gazette no. 6896By-law commences.
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