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This is the latest version of this By-law.
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 June 2022.]
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-
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.