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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
- [Up to date as at 8 December 2021]
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 – (a) amend, suspend or cancel that permit it is satisfied that failure to do so would result in- (i) the creation or continuation of a public health hazard; or (ii) a continued contravention of any provision of section 6; (b) with immediate effect amend, suspend or cancel that permit if – (i) such official is of the view that it is urgently necessary to do so to eliminate or reduce a significant risk to the public posed by a public health hazard or potential public health hazard; or (ii) there is a criminal case pending against the permit holder or a civil case which the permit holder is a party to, involving an animal in his or her care.
6. Prohibition relating to the keeping of dogsNo person shall – (a) permit any bitch on heat owned or kept by him or her to be in any public street or public place; (b) urge any dog to attack, worry or frighten any person or animal or through negligence fail to prevent any dog from attacking, worrying or frightening any person or animal, except where necessary for the defence of such first-mentioned person his or her property or of any other person; (c) keep any dog which causes damage to public property; (d) keep any dog the faeces of which he or she fails to remove regularly and dispose of suitably; (e) keep any dog which barks, yelps, howls or whines for more than six accumulated minutes in an hour or more than three accumulated minutes in an half hour; (f) keep any dog which is starved or under-fed or denied water of adequate shelter; (g) keep any dog which causes a nuisance to inhabitants of the neighbourhood by - (i) having acquired the habit of charging any vehicle, animals, poultry, pigeons, or persons outside any premises where it is kept; or (ii) by misbehaving in any other manner; (h) permit any dog owned or kept by him or her – (i) to be in any public street or public place while suffering from mange or any other infections or contagious disease and cannot prove that the dog is under treatment by a registered veterinarian and is no longer a public health hazard; (ii) which is in the assessment of the authorised official ferocious, vicious or dangerous to be in any public street or public place, unless it is humanely muzzled and held on a leash and under control; (iii) to trespass on private property; (iv) to constitute a hazard to traffic using a public street; (v) to constitute or to his or her knowledge be likely to constitute a source of danger or injury to any person outside the premises on which such dog is kept; (vi) to be in any public street or public place except on a leash and under control unless the dog is in an area designated by the Council as a free running area; (i) keep any dog which does not have its collar or micro-chip a name, telephone number and physical address or reference to a society for the prevention of cruelty to animals or registered animal welfare organisation; (j) provoke, harass or tease any dog;
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 – (a) amend, suspend or cancel that permit if it is satisfied that failure to do so would result in- (i) the creation or continuation of a nuisance in a public place; or (ii) a continued contravention of any provision of section 19 (b) with immediate effect amend, suspend or cancel that permit if such official is of the view that it is urgently necessary to do so to eliminate or reduce a significant risk to the public posed by a nuisance in a public place.
19. Control of working equinesNo person putting to work a working equine shall- (a) permit the working equine to be in any public place whilst being incapable of pulling an animal drawn vehicle; (b) permit the working equine to constitute a hazard to traffic using any public street; (c) permit the working equine to constitute or to his or her knowledge be likely to constitute a source of danger or injury to any person using a public street; (d) permit the working equine to be in any public street or public place except when under his or her control; (e) work any working equine which does not have on the name, telephone number and address of its owner; (f) permit any working equine to draw any vehicle, or use any harness which does not comply with the SABS standards and criteria which may be determined by the Council from time to time.
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: (a) Dogs and cats are kept in separate enclosures- (i) constructed of durable materials and with adequate access for cleaning, disinfecting and devermination purposes; (ii) with a floor constructed with concrete or other durable and impervious material brought to a smooth finish and graded to a channel one hundred millimetres wide, extending over the full width of the floor and situated within the enclosure, which channel shall drain into a gully connected to the Council sewer system by means of a pipe approved material with a minimum diameter of one hundred millimetres or to another approved disposal system; (iii) with a kerb one hundred and fifty millimetres high along the entire length of the channel referred to in subparagraph (ii), to prevent stormwater from such area from entering the channel; (b) every enclosure referred to in paragraph (a) shall contain a roofed shelter for the accommodation of dogs and cats of which – (i) every wall shall be constructed of brick, stone, concrete or other durable material and shall have a smooth internal surface without cracks or open joints: and (ii) the floor shall be on concrete or other impervious and durable material brought to a smooth finish without cracks or open joints and the surface between the floor and the walls of a permanent structure shall be covered. (c) in the case of dogs, a dog kennel of moulded fibre cement or other similar material which is movable and placed on a base constructed of concrete or other durable material with an easily cleaned finish, without cracks or open joints, may be provided instead of a shelter contemplated in paragraph (b) and if the base of such kennel is not rendered waterproof, a raised sleeping board which will enable the dog to keep dry shall be provided in every such kennel; (d) a cencrete apron at least one metre wide shall be provided at the entrance of the enclosure over its full width, the apron to be graded to allow for the drainage of water away from the enclosure; (e) a supply of potable water, adequate for drinking and cleaning purposes, shall be provided in or adjacent to every enclosure; (f) separate isolation facilities for sick dogs and cats shall be provided to the satisfaction of the Council; (g) if cages are provided for the keeping of cats, such cages shall be of durable, impervious material and constructed so as to be easily cleaned.
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 -(a)possesses, keeps, imports, buys, sells, trains, breeds or has under his or her control an animal for the purpose of fighting any other animal(b)baits, provokes or incites any animal to attack another animal or to proceed with the fighting of another animal;(c)for financial gain or as a form of amusement promotes animal fights;(d)allows any of the acts referred to in paragraph (a) and (c) to take place on any premises or place in his or her possession or under his or her charge of control;(e)owns, uses or controls any premises or place for the purpose or partly for the purpose of presenting animal fights on such premises or place or who acts or assists in the management of such premises or place, or who receives any consideration for the admission of any person to such premises or place; or(f)is present as a spectator at any premises or place where any kind of the acts referred to in paragraph (b) to (e) is taking place or where preparations are being made for such acts,is guilty of an offence and liable on conviction to a fine of R20 000.00 (twenty thousand rand) or to imprisonment for a period not exceeding two years;(g)in any prosecution it is presumed, unless the contrary is proved, that an animal that is found at any premises or place is the property or under the control of the owner of those premises or that place, or is the property or under the control of the person who uses or is in control of the premises or place.
Duties of pound master
33. Duties of pound masterA pound master – (a) (i) must keep the pound open between 08h00 and 16h30 from Monday to Friday and Saturday between 08h00 and 12h00 unless any such day is a public holiday; (ii) may, notwithstanding the provisions of subparagraph (i), keep the pound open during such earlier of later hours as he considers necessary, subject to displaying an easily legible notice to that effect at the entrance to the pound; (b) must accept, take charge of and impound any animal brought to the pound with a view to impounding it, during the hours when the pound is open and must, subject the further provisions of this By-law, detain that animal in the pound: Provided that the pound master may refuse to receive, or may release any animal if he or she reasonably believes that such animal was not lawfully taken into custody or impounded; (c) must keep a register in which the following particulars of any animal are recorded: (i) the name of the authorised official or the name, residential address and telephone number of any other person who brought the animal to be impounded; (ii) the time at which and date on which the animal was impounded; (iii) the place where the animal was found immediately before it was taken into custody; (iv) the date on which and the time at which the animal was taken into custody before being being brought to the pound; (v) the reason for impounding the animal; (vi) a description of the animal indicating the estimated age, breed, sex, colour, markings and any injury found on the animal when the poundmaster accepted it; (vii) whether the animal was released, sold or destroyed and the date and time of such release, sale or destruction; (viii) the amount or money realised in respect of such release or sale; (ix) the amount of veterinary expenses, if any, incurred in respect of the animal; (d) must ensure that the pound and all equipment used in connection with impounding animals are kept in a clean condition and free from flies and other vermin, to the satisfaction of the Council’s Executive Director: Health; (e) must ensure that every animal in the pound is properly fed and cared for; (f) must isolate any female animal on heat; (g) must take all reasonable steps to prevent fighting amongst animals in the pound; (h) must isolate any diseased animal from the healthy animals, have such animal attended to by a veterinarian and take all steps to recover the expenses incurred in this regard from the owner if the identity and address of the owner are known; (i) must take all necessary steps to have any animal destroyed as contemplated in this By-law and recover any expenses incurred in this regard from the owner if the identity and address of the owner are known; (j) must take all reasonable steps to ensure that animals are re-homed and not destroyed; (k) must levy the prescribed fee for impoundment and daily holding fees in respect of any animal; (l) may cause any animal to be sterilised and provide it with identification as set out in Sections 6(i) and 14(6) and recover the costs thereof from the claimant provided that the claimant may provide for consideration a motivation as to why the animal should not be sterilised; (m) must cause any animal to be sterilized and provide it with identification as set out in Sections 6(i) and 14(6) prior to releasing the animal from the pound to any person other than the original owner thereof; and (n) must scan any animal taken into custody by an authorised official for the purposes of detecting a microchip.
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:(a)Kuilsrivier Municipality By-law relating to the keeping of dogs as published in Provincial Notice No. 1027 of 1977;(b)Milnerton Municipality By-law relating to the control of dogs as published in Provincial Notice No. 481 of 1987;(c)Brackenfell Municipality By-law relating to the keeping of dogs as published in Provincial Notice No. 190 of 1979 and Amendment of By-law relating to the keeping of dogs as published in Provincial Notice No. 510 of 1990;(d)Kraaifontein Municipality By-law for the Control of dogs as published in Provincial Notice No. 669 of 1979 and Amendment to the By-law for the control of dogs as published in Provincial Notice No. 526 of 1982;(e)Divisional Council of Stellenbosch By-law relating to the keeping of dogs as published in Provincial Notice No. 692 of 1979;(f)Fish Hoek Municipality dog controlled By-law as published in Provincial Notice No. 675 of 1979;(g)Simonstown Municipality Regulations relating to the keeping of dogs as published in Provincial Notice No. 549 of 1963;(h)City of Tygerberg By-law relating to the control of dogs as published in Provincial Notice No. 567 of 2000;(i)Cape Town Municipality By-law for the control of dogs as published in Provincial Notice No. 658 of 1981;(j)Cape Divisional Council By-law relating to the control of dogs as published in Provincial Notice No. 781 of 1985;(k)Part 2 of the Environmental Health By-law of the City of Cape Town as published in the Provincial Gazette Extraordinary dated 30 June 2003.
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.