By-laws relating to Dogs and Cats, 2005
Published in Province of Gauteng: Provincial Gazette no. 1334 on 10 April 2006
Control of dogs
2. Restriction on number of dogs
3. Permits to keep dogs
4. Amendment, suspension and cancellation of permitsThe Council may, subject to the provisions of the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and after consideration of a report and recommendation of an environmental health officer or veterinary surgeon, by written notice to the holder of a permit contemplated in section 3 – (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 public health hazard; or (ii) a continued contravention of any provision of section 5; (b) with immediate effect amend, suspend or cancel that permit if such officer 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.
5. Prohibitions relating to the keeping of dogsNo person may keep a dog – (a) which barks, whimpers or howls to such an extent that it, or has another habit which, causes a disturbance or nuisance to inhabitants of the neighbourhood; (b) which suffers from an infectious or contagious disease which, in the opinion of a veterinary surgeon, is of such a nature that such dog cannot be beneficially treated or boarded at a veterinary clinic; (c) on premises which are not fenced in such a manner that the dog is at all times confined to the premises, unless the dog is confined to the premises in some other manner.
6. Dogs in public places
7. Prohibited behaviour in respect of dogs
8. Council’s power to sterilise dogsThe Council may sterilise – (a) a male or a female dog at the request of its owner, subject to payment of the costs thereof by the owner; and (b) a stray male or female dog, and recover the costs thereof from the owner of such dog.
Control of cats
9. Restriction on number of cats
10. Council’s powers to sterilise catsThe Council may sterilise – (a) a male or a female cat at the request of its owner, subject to payment of the costs thereof by the owner; and (b) a stray male or female cat, and recover the costs thereof from the owner.
Impounding of dogs and cats
11. Duties of poundmasterA poundmaster – (a) \(i) must keep the pound open between 08:00 and 16:30 from Monday to Friday and Saturday between 08:00 and 12:00 unless any such day is a public holiday; (ii) may, notwithstanding the provisions of subparagraph (i), keep the pound open during such earlier or later hours as he considers necessary, subject to displaying an easily legible notice to that effect at the entrance to the pound and on the Council's official notice board. (b) must accept, take charge of and impound any dog or cat brought to the pound with a view to impounding it, during the hours when the pound is open and must, subject to the further provisions of this Chapter, detain that dog or cat in the pound: Provided that the poundmaster may refuse to receive, or may release, any dog or cat if he or she reasonably believes that such dog or cat was not lawfully taken into custody or impounded; (c) Must keep a register in which the following particulars in respect of every impounded dog and cat are recorded : (i) The name of the authorised official or the name, residential address and telephone number of any other person, who brought the dog or cat to be impounded; (ii) the time at which and date on which the dog or cat was impounded; (iii) the place where the dog or cat was found immediately before it was taken into custody; (iv) the date on which and the time at which the dog or cat was taken into custody before being brought to the pound; (v) the reason for impounding the dog or cat; (vi) a description of the dog or cat indicating the estimated age, breed, sex, colour, markings and any injury found on the dog or cat when the poundmaster accepted it; (vii) whether the dog or cat was released, sold or destroyed and the date and time of such release, sale or destruction; (viii) the amount of money realised in respect of such release or sale; (ix) the amount of veterinary expenses, if any, incurred in respect of the dog or cat; (d) must ensure that the pound and all equipment used in connection with impounding dogs and cats are at all times kept in a clean condition and free from flies and other vermin, to the satisfaction of the Council's Director : Health; (e) must ensure that every dog and cat in the pound is properly fed and cared for; (f) must isolate any female dog or cat on heat; (g) must take all reasonable steps to prevent fighting amongst dogs or cats in the pound; (h) must isolate any diseased dog or cat from the healthy dogs or cats, have such dog or cat attended to by a veterinary surgeon 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 dog or cat destroyed as contemplated in section 15 and recover any expenses incurred in this regard from the owner if the identity and address of the owner are known; and (j) must levy the prescribed fees for impoundment and daily holding fees in respect of any dog or cat.
12. Taking dogs into custody
13. Taking cats into custody
14. Claiming of impounded dogs and cats
15. Destruction or sale of unclaimed dogs and cats
16. Designation of authorised officialsThe Council may designate any authorised official to execute work, conduct any inspection and monitor and enforce compliance with these By-laws, as envisaged in section 23(1) of the Rationalisation of Local Government Affairs Act, 1998 (Gauteng Provincial Act No. 10 of 1998).
17. Offences and penaltiesAny person who – (a) contravenes or fails to comply with any provision of these Bylaws; or (b) fails to comply with any notice issued for the purposes of these Bylaws; or (c) fails to comply with any lawful instruction given for the purposes of these By-laws; or (d) obstructs or hinders any authorised official or employee of the Council in the execution of his or her duties under these By-laws , is guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months and in the case of a continuing offence, to a further fine not exceeding R50, or in default of payment to imprisonment not exceeding one day, for every day during the continuance of such offence after a written notice has been issued by the Council and served on the person concerned requiring the discontinuance of such offence.
18. Application to the state and councilThese By-laws bind the State and the Council.
19. RepealThe By-laws listed in Schedule 1 are hereby repealed.
20. Short titleThese By-laws are called the By-laws relating to Dogs and Cats, 2005.
Schedule 1Repealed by-laws
|Number and year||Name of By-laws||Extent of Repeal|
|Administrator’s Notice 1832 dated 15 December 1982||Midrand Municipality : Bylaws relating to Dogs||Whole|
|Administrator’s Notice 2045 dated 24 December 1980||Randburg Municipality : Bylaws relating to dogs||Whole|
|Notice 4580 dated 24 August 1988||Roodepoort Municipality : By-laws relating to Dogs||Whole|
|Administrator’s Notice 2125 dated 21 December 1983 as amended by Administrator’s Notice 57 dated 18 January 1984, Local Authority Notices dated 23 December 1987, 28 September 1988 and No. 347 dated 31 January 1990||Sandton Municipality : Bylaws relating to Dogs||Whole|