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Impoundment of Animals By-law, 2007
- Published in Western Cape Provincial Gazette no. 6426 on 16 March 2007
- Commenced on 16 March 2007
- [This is the version of this document from 16 March 2007 and includes any amendments published up to 6 May 2022.]
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine; the singular includes the plural and vice versa; the Afrikaans text shall prevail in the event of an inconsistency between the different texts; and unless the context otherwise indicates:—"animal" means any equine, bovine, sheep, goat, pig, fowl, ostrich, dog, cat or other domestic animal or bird, or any wild animal, wild bird or reptile which is in captivity or under the control of any person;"cattle" means bulls, cows, oxen, heifers, steers and calves;"goat" means an adult male or female goat, a wether and a kid;"horse" means a stallion, mare, gelding, colt, filly, donkey and mule;"municipality" means the Municipality of Drakenstein established in terms of Section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), Provincial Notice 488 dated 22 September 2000 and includes any political structure, political office-bearer, councillor, duly authorised agent thereof 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 political structure, political office-bearer, councillor, agent or employee;"occupant" means any person in actual occupation of land or entitled as owner to occupy land;"owner", in relation to an animal, includes any person having possession, charge, custody or control of such animal;"pound" means a fenced-off area consisting of one or more camps under the control of a pound master, which was created for the housing and care of stray animals which are astray, lost or at large;"pound master" means a person who may be either—(a)a part-time or full-time employee of a municipality, or(b)appointed under a service-delivery agreement to keep and operate a pound;"sheep" means a ram, an ewe, a wether and a lamb;"stallion" means a male horse, donkey or mule not castrated or partially castrated;"proprietor" means any owner, lessee, or occupant of land;"stock inspector" means a person competent and qualified to inspect stock and who has been appointed by the Department of Agriculture for this purpose;"veterinary surgeon" means a person who is qualified as such in accordance with the provisions of the Veterinary and Para-Veterinary Professions Act, 1982 (Act 19 of 1982).
2. Impoundment for trespassingAny person may impound an animal found abandoned upon any street, road, road reserve or other public place.
3. Pound to which animals are to be sentAny proprietor upon whose land any animals are found trespassing may send such animals to such pound as is nearest by a passable road or thoroughfare to the land trespassed upon, or such other pound designated by the municipality.
4. Offer by owner before impoundment of animalsThe owner of any animals liable to impoundment for trespassing may, before the animals are removed from the property trespassed upon, offer to the person complaining of the trespassing a sum of money in compensation of the damage suffered by him. Such offer shall be made to the complainant himself or to his servant or agent charged with the duty of taking the animals to the pound.
5. Receiving of animals by pound master
6. Receipt for impounded animalsEvery pound master shall give the person delivering animals into his charge a written receipt, indicating the number and description of the animals so delivered, and specifying the trespassing for which the said animals, as reported, are to be impounded.
7. Number of enclosuresEvery pound master shall maintain in good repair and, as far as possible, free from all infection, not less than five separate enclosures for—(a)ostriches and horses;(b)cattle(c)sheep, goats and pigs;(d)canine; and(e)feline;provided that a municipality may in regard to any pound in its area give permission to the pound master to maintain a smaller number of enclosures thereon.
8. Putting down of dangerous or contagious animalsA pound master may cause any impounded animal suffering from a contagious disease, or which may prove dangerous to human life or other animals impounded to be put down; provided that no such animal shall be put down unless a veterinary surgeon has examined it and has agreed with the pound master as to the necessity for it being put down.
9. Notice of impounded animalsEvery pound master who knows the name of the owner of any animal impounded in his pound shall forthwith give written notice to such owner that the said animal has been impounded.
10. Keeping of pound register
11. Inspection of and extracts from pound registerEvery pound register shall be kept at the pound or any other approved place and shall at all reasonable times be open for inspection, free of charge, to any authorised officer of the municipality, veterinary surgeon, stock inspector, and any member of the police service of the public.
12. Submission of pound register entries after pound salesEvery pound master shall within a fortnight after the date of each pound sale submit to the municipality a copy of all entries in his pound register made since the date of the preceding submission. The municipality shall preserve all such copies for inspection by any person desirous of seeing them.
13. Inspection of pound register at place of saleWhenever a sale of impounded animals is to take place, the pound master or a person authorised to conduct the sale, shall take the pound register with him to the place of sale, and such register shall be open for inspection, free of charge, at the place of sale to all persons desirous of inspecting it.
14. Pound master’s fees
15. Fees payable
16. Notice of saleEvery pound master shall—
18. Sale of animalsAt every such sale—
19. Illegal impounding and penaltiesAny person who illegally impounds any animal shall be guilty of an offence and shall in addition be liable to the owner for all damages, pound fees, compensation, cost and charges arising out of such proceeding, and for all charges, fees or tariffs in connection therewith.
20. Recovery of loss in respect of impoundment of animals from area of another municipalityAny loss suffered by a municipality as a result of the impounding in a pound under its management and control of animals found trespassing within the area of jurisdiction of another municipality, may be recovered by such first-mentioned municipality from such other municipality.
21. Use, detention and ill-treatment of animalsNo person shall furiously drive, worry or ill-treat any animal found trespassing.
22. Offences and penaltiesAny person who—
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.