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Swartland
South Africa
South Africa
Public Nuisances By-law, 2019
- Published in Western Cape Provincial Gazette no. 8081 on 12 April 2019
- Commenced on 12 April 2019
- [This is the version of this document from 12 April 2019 and includes any amendments published up to 17 June 2022.]
1. Definitions
In this by-bw, the English text shall prevail in the event of In inconsistency between the different texts, and unless the context otherwise indicates:"agent", in relation to the owner of a property, means a person apointed by the owner of the property-2. Objectives and application of by-law
Chapter 1
GENERAL PROVISIONS RELATING TO PUBLIC NUISANCES
3. Behaviour and conduct
Chapter 2
KEEPING OF ANIMALS
4. Permission to keep animals
5. Duties of owner or keeper of animal
6. Animals kept in unsatisfactory manner
7. Euthanisation of animals
8. Visibility of structures on premises
All structures in which animals are kept on premises must be suitably screened so as not to be visible from any street.9. Hawking or selling of animals
No person may hawk or sell an animal in a street or public place or from a movable structure or vehicle.Chapter 3
PROVISIONS RELATING TO DOGS
10. Dogs in streets or public places
11. Control of dogs
12. Number of dogs
13. Breeder of dogs
14. Conditions and restrictions
The municipality's consent in terms of section 4(1), 12(1) and l3(1) shall be granted subject to such conditions and restrictions as the municipality, after consultation with another responsible authority, may deem fit to impose.15. Withdrawal of permission
Chapter 4
CO-OPERATION BETWEEN MUNICIPALITIES
16. Service delivery agreements
Whereas the keeping of animals on premises may cause a health nuisance, the municipality may enter into agreements with the district municipality with which legislative and executive powers is shared, in order to achieve optimal service delivery in terms of this by-law.17. Powers of municipality
If the service delivery referred to in section 16 is impeded by the refusal or omission by the district municipality to execute any of the arrangements envisaged in an agreement in terms of section 16, the municipality may, subject to the principles of cooperative government as set out in the Constitution of the Republic of South Africa, 1996, proceed to give effect to such arrangement and any expenses incurred by the municipality in giving effect to such an arrangement may be recovered from the district municipality.Chapter 5
ENFORCEMENT
18. Right of entry and inspection
19. Seizure and impoundment of animals
Chapter 6
GENERAL PROVISIONS
20. Serving of documents
21. Appeal
A person whose rights are affected by a 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 Governmen: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.22. Offences and Penalties
(l)It is an offence to-(a)furnish false information to an authorised person in respect of any issue pertaining to this by-law;(b)to refuse to co-operate with the request of an authorised person made in terms of this by-law; or(c)to hinder or obstruct an authorised person in the execution of his or her duties in terms of this by-law.23. Exemptions
Notwithstanding the provisions of this by-law, the municipality may exempt any person and class of persons from any or all of these requirements and may impose any other requirements it deems appropriat.24. Liaison forums in community
25. Transitional arrangements
26. Repeal of by-laws
The By-law relating to Public Nuisances- Swartland Municipality as published in Provincial Gazette Extraordinary 7402 of 12 June 2015 is hereby repealed in its entirety.27. Short title and commencement
This by-law shall be known as the By-law relating to Public Nuisances and shall come into operation on the date of publication thereof in the Provincial Gazette.History of this By-law
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12 April 2019 this version
Published in Western Cape Provincial Gazette no. 8081By-law commences.
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