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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 March 2023.]
1. DefinitionsIn 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-(a)to receive rentaI or other payments in respect of the property on behalf of the owner;(b)to make payments in respect of the property on behalf of the owner; or(c)to manage other matters, delegated by the owner, relating to the propelty."animal" means any mammal, bird, reptile, fish or insect which is in captivity or under the control of a person, including any of the aforementioned which is kept as a pet."authorised official" means-(a)an employee of the municipality designated to implement and execute the provisions of this by-law;(b)a law enforcement officer appointed by the municipality in terms of section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977);(c)a member of the Service as defined in section I of the South African Police Service Act, 1995 (Act 68 of 1995); and(d)a member of the Animal Welfare Society or Society for the Prevention of Cruelty to Animals;"district municipality" means the West Coast District Municipality established in terms of section 12 of the Municipal Structures Act, 1998. (Act 117 of 1998);"drunk" means a person who, by voluntary intake of alcohol, which caused impaired control of his or her mental or physical abilities, or both, to such an extent as to render him or her incapable of comporting him- or herself, or of performing any act in which he or she is engaged, with safety to him- or herself or causes him or her to pose a danger to anyone;"municipality" means the Swartland Municipality established in terms of section 12 of the Municipal Structures Act, 1998 (Act 117 of 1998), and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"municipal manager" is the person appointed by the municipality in terms of section 54A of the Municipal Systems Act, 2000 (Act 32 of 2000), and includes a person-(a)acting in such position; and(b)to whom the municipal manager has delegated any power, function or responsibility;"objectionable material" means garden litter, waste, waste material, rubble, scrap metal, article or object, disused machinery, motor car wrecks as well as the disused parts thereof, refuse from building operations, or any refuse being deposited on any land or premises, including new or used building materials not required in connection with bona fide building operations in progress on any land, and includes any solid, liquid or gas which is or may become offensive or dangerous or injurious to health or which materially interferes or may interfere with the ordinary comfort or convenience of a person;"occupier" means any person who occupies or has control over any premises;"owner"-(a)in relation to an animal, includes the person having the possession, charge, custody or control of such animal;(b)in relation to public nuisances in terms of this by-law-(i)a person in whom the legal title to premises is vested;(ii)the tenant of premises;(iii)in cases where the person in whose name property is registered is insolvent or deceased, or mentally impaired or whose estate has been designated for profit of his creditors, the person in whom the administration of the premises is vested as trustee, executor, curator or proxy or administrator;(iv)in cases where the owner is described above is absent, the agent of such person; and(v)in any case where the premises is inhibited in terms of a servitude or similar right, the inhabitant of such property;"pet" means a tame domestic animal which is kept for companionship or pleasure;"premises" means-(a)land or a portion of and, including a public place, whether or not building or structure haS been constructed or erected on such land or portion thereof; or(b)a building, structure, tent or caravan and the land on which it is situated and includes any vehicle, carriage, ship or boat;"public nuisance" means any act or omission or condition on any premises, street or public place, including any building, structure or growth thereon, which is offensive or dangerous, or which materially interferes with the ordinary comfort, convenience, peace or quiet of a person or which may adversely affect the safety of people, and "nuisance" has the same meaning;"public place" means any land, square, building, park, beach, recreation ground or open space which:A(a)is vested in the municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General's office and has been provided for or reserved for the use of the public or the owners of erven in such township;"responsible authority" means the West Coast District Municipality or any national or provincial department that may in terms of its powers and functions impose conditions or restrictions in respect of the keeping of animals;"street" means any street, road, cycle path, thoroughfare or any other place, including-(a)the verge of any such road, street or thoroughfare;(b)any footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other object belonging to such road, street or thoroughfare, which has at any time been-(i)dedicated to the public;(ii)used without interruption by the public for a period of at least thirty years;(iii)declared or rendered such by the municipality; or(iv)constructed by a local authority, and(v)any land, with or without buildings or structures thereon, which is shown as a street on-(aa)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or(bb)any general plan as defined in the Land Survey Act, Act 9 of 1927, registered or filed in a deeds registry or Surveyor General's office;unless such land is on such plan or diagram described as a private street;"structure" means any container, stable, shed, pigsty, kraal, aviary, paddock, poultry house, enclosure, loft or building used for human shelter, business purposes or the keeping or enclosing of animals,
2. Objectives and application of by-law
GENERAL PROVISIONS RELATING TO PUBLIC NUISANCES
3. Behaviour and conduct
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 premisesAll 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 animalsNo person may hawk or sell an animal in a street or public place or from a movable structure or vehicle.
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 restrictionsThe 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
CO-OPERATION BETWEEN MUNICIPALITIES
16. Service delivery agreementsWhereas 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 municipalityIf 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.
18. Right of entry and inspection
19. Seizure and impoundment of animals
20. Serving of documents
21. AppealA 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. ExemptionsNotwithstanding 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-lawsThe 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 commencementThis 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
12 April 2019 this versionPublished in Western Cape Provincial Gazette no. 8081By-law commences.
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