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Pounds By-law, 2015
- Published in Western Cape Provincial Gazette no. 7394 on 22 May 2015
- Commenced on 22 May 2015
- [Up to date as at 15 December 2021]
1. DefinitionsIn this by-law words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:"animal" includes a horse, bovine, donkey, sheep, goat, pig, ostrich, dog, cat or other domestic animal or bird, or the hybrid of any such animal, and "animals" will have a corresponding meaning;"authorised official" means an employee of the municipality or any other person who is appointed or authorised thereto by the municipality to perform any act, function or duty related to the provisions of this by-law, or exercise any power in terms of this by-law, and "officer" has a corresponding meaning;"Court" means a Magistrate’s Court as referred to in Section 166(d) of the Constitution, 1996, having jurisdiction in the area in which the pound is situated;"municipality" means the municipality of Swartland established in terms of Section 12 of the Municipal Structure Act, Act 117 of 1998 and includes any duly authorised agent, service provider or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such agent, service provider or employee;"owner" includes an owner who is known, or whose identity, with the exercise of reasonable diligence, can be ascertained, and in relation to any—(a)animal, includes the agent of the owner or other person having the lawful custody or possession of such animal; and(b)land, includes the owner, lessee or lawful occupier of such land or his agent;"pound" means a pound established as contemplated in Section 3;"pound keeper" means the person appointed from time to time as contemplated in section 4 and includes any person acting for or on behalf of the appointed pound keeper;"public place" means any place to which the public has access including, without limiting the generality of the afore going, any—(a)square, park, recreation ground, sports ground, open space;(b)beach, bridge, cemetery, shopping centre on municipal land, unused or vacant municipal land, commonage or public road;"public road" means a public road as contemplated in Section 1 of the Road Traffic Act, 1996 (Act No. 93 of 1996) and includes any street, thoroughfare and verge thereof, shoulder of such road and street reserve;"service delivery agreement" means a service delivery agreement as defined in Section 1 of the Local Government Municipal Systems Act, Act No. 32 of 2000.
2. ApplicationThis by-law applies to the area of jurisdiction of the municipality, provided that nothing prevents any animal detained in terms of this by-law from being impounded in a pound or any similar facility established by any other municipality, or other lawful authority.
3. Establishment of pound
4. Appointment of pound keeperThe municipality must appoint a suitably skilled and experienced person as a pound keeper, unless the pound is established and operated in terms of a service level agreement contemplated in section 3(1).
5. Impoundment of animals
6. Information to be supplied to pound keeperA person sending animals to the pound must supply the pound keeper with the necessary information to complete Part I of the pound register.
7. Acceptance of impounded animalsThe pound keeper may not refuse to accept an animal for impounding unless the person envisaged in section 6 refuses to supply information for the completion of Part I of the pound register.
8. Pound register
9. Notice to owners of animals by pound keeperAfter complying with the provisions of section 8(1), the owner of an impounded animal must be notified of impoundment by—(a)addressing a written notice to him reflecting the address of the pound, a description and number of the animals, the fees and cost due and to claim the impounded animals within 10 days failing upon which the animals will be sold; and(b)placing a copy of the notice to the owner—(i)on the municipal notice board at the main municipal office;(ii)at the offices of the pound; and(iii)on the notice board of the nearest S A Police Services Office to the pound.
10. Care of impounded animals
11. Isolation of infected animals
12. Treatment of impounded animalsThe pound keeper—(a)may not work or in any way make use of an impounded animal or permit any such animal to be worked or made use of by any other person; and(b)must ensure that all impounded male animals are at all times kept apart from female animals.
13. Death of or injury to impounded animals
14. Copy of by-lawThe pound keeper must ensure that a copy of this by-law is available at the pound for inspection.
15. Fees and costs payableThe pound keeper must—(a)charge the owner of an impounded animal the fees as determined by the municipality as contemplated in Section 75A of the Local Government Municipal Systems Act, Act 32 of 2000;(b)recover the cost of any dipping, medical treatment, inoculation or other treatment that may be necessary or required in terms of this by-law or in accordance with any other law; and(c)recover all costs and expenses relevant to the impoundment.
16. Release of impounded animal
17. Sale of impounded animals
18. Pound keeper may not purchase impounded animalsThe pound keeper, or a family member, or an associate of the pound keeper, a municipal official or councillor or spouse or child of such official or councillor, may not purchase an animal offered for sale at a pound sale, either personally or through any other person, directly or indirectly.
19. Unsold animalsIn the event that any animal is not sold during the authorised public sale as contemplated in Section 17—(a)the pound keeper must immediately advise the Court and the owner of its estimated value and the fees and costs incurred; and(b)the Court may make such order as it may deem just and equitable.
20. ProceedsAll proceeds from the collection of fees and costs contemplated in Sections 15 and 19 must be paid into the municipal revenue fund, provided that in the event that any impounded animal is sold at a price in excess of the fees and costs incurred, such excess must be paid to the owner within 30 days of the sale, unless the identity of the owner has not been established, in which event the excess must be paid into the municipal revenue fund.
21. Procedure to be followed in application to CourtAn application to Court must comply with the procedures contemplated in the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and the Rules of Court.
22. Action for recovery of damagesNothing in this by-law prevents the owner of land or any other person from instituting action against the owner of a trespassing animal, in any court with jurisdiction, for the recovery of damages suffered by reason of such trespassing animal.
23. IndemnitySubject to the provisions of section 10(1)(c) the municipality, pound keeper and any officer, employee or agent of the municipality acting in accordance with this by-law shall not be liable for the death of or injury to any animal arising as a result of its detention, impounding or release, or arising during its impoundment.
24. Offences and penaltiesA person who—(a)releases or attempts to release an animal that was lawfully seized for the purpose of being impounded or which has been lawfully impounded;(b)unlawfully seizes an animal for the purpose of impounding it;(c)unlawfully impounds or attempts to impound an animal; or(d)contravenes any provision of this by-law, commits an offence and is liable upon conviction to—(i)a fine or imprisonment, or to both such fine and such imprisonment; and(ii)in the case of a continuing offence, to an additional fine or an additional period of imprisonment, or to both such additional fine and imprisonment for each day on which such offence is continued; and(iii)a further amount equal to any costs and expenses found by the Court to have been incurred by the municipality as a result of such contravention or failure.
25. AppealA person whose rights are affected by a delegated decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
26. Repeal of existing by-lawsThe provision of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
27. Short title and commencementThis by-law will be called the Swartland Municipality, Pounds By-law and will come into effect upon publication in the Provincial Gazette.
History of this By-law
22 May 2015 this versionPublished in Western Cape Provincial Gazette no. 7394By-law commences.