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Public Nuisances and the Keeping 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 plulral and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:-"animal" means any equine, bovine, sheep, goat, poultry, camel, dog, cat, or other domestic animal or bird, or any wild animal or reptile which is in captivity or under the control of a person, or insects such as, but not limited to, bees which is kept or under control of a person, but excluding any pet;"bird" means a pigeon, peafowl, pheasant, partridge, canary, budgerigar, parrot, ostrich and any other domesticated bird or wild bird which is in captivity or under control of a person;"cattery" means any establishment where cats are bred or boarded;"district municipality" means the Cape Winelands District Municipality established in terms of section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 480 dated 22 September 2000, as amended per Provincial Notice 162 dated 20 August 2004, 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;"kennel" means any establishment that has as its business the breeding, training or boarding of dogs and includes pounds whether operated by the State or otherwise;"municipality" means the Municipality of Drakenstein established in terms of section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 488 dated 22 September 2000 and includes any political structure, political office-bearer, councillor, duly authorised agent thereofor 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;"municipal manager" is the person appointed by the municipality in terms of section 82 of the Municipal Structures Act, 1998 and includes any person:(a)acting in such position; and(b)the municipal manager has delegated any power, function or responsibility in as far as it concerns the execution of those powers, functions or duties."owner" —(a)in relation to an animal, includes the person having the possession, charge, custody or control of such animal;(b)in relation to a public nuisance as contemplated in Part 1 of this by-law —(i)the person or persons in whom from time to time shall be vested the legal title to any immovable property;(ii)in any case where a property is subject to a registered lease, the lessee of such property;(iii)in cases where the person in whom the legal title is vested is insolvent or deceased, or is of unsound mind or whose estate has been assigned for the benefit of his creditors, the person in whom the administration of the property is vested as trustee, executor, curator or assignee, or administrator;(iv)in cases where the owner as above described is absent, the agent or person receiving the rent of the property in question;(v)in any case where the property is beneficially occupied under a servitude or right similar thereto, the occupier of such property."pet" means a tame animal which is kept in a household for companionship or amusement;"pet parlour" means an establishment where pets are groomed;"petshop" means an establishment where pets are kept for trading purposes;"poultry" means any fowl, goose, ostrich, duck, pigeon, dove, turkey, muscovy, guineafowl, peacock or peahen or bird whether domesticated or wild;"premises" means—(a)land or a portion of land, whether or not a 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, omission or condition on any premises, 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 other people or which adversely effects the safety of the public;"public place" means any square, building, park, recreation ground or open space which:—(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 Cape Winelands 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 road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes:—(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare, and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"structure" means any stable, shed, pigsty, kraal, aviary, paddock, covering structure, poultry house, enclosure, run, loft or building used for human shelter or the keeping or enclosing of animals.
2. Application of by-law
General provisions relating to public nuisances
3. Behaviour and conduct
General provisions relating to keeping of animals
4. Permission to keep animals
5. Plans for structures and management
6. Consideration of application and imposition of conditions
7. Visibility of structures on premisesAll structures in which animals are kept shall be suitably screened from any street.
8. Wavering of requirements and withdrawal of authorisationsNotwithstanding the aforementioned provisions, the municipality may after considering conditions particular to the property and on condition that no objection is received from the owners or occupants of surrounding premises, waive any or all of the requirements of this part and impose other conditions if appropriate and may further withdraw any authorisation in terms of section 6(3) if any of the conditions therein are not adhered to.
9. Validity of authorisationsAll authorisations to keep animals granted in terms of any by-law or regulation repealed shall be deemed to have been granted in terms of this by-law.
10. Duties of owner or keeper of animalThe owner of an animal or the keeper thereof —(a)may not cause or allow an animal to interfere with the ordinary comfort, convenience, peace or quiet of other people;(b)must provide such animal with bedding, shelter, water and proper food daily; and(c)must at all times maintain the premises on which an animal is kept, and all appurtenances in good repair and in neat condition so as to prevent the occurrence of a public nuisance.
11. Animals kept in an unsatisfactory mannerWhenever animals kept on any premises, whether or not such premises have been approved by the municipality under this by-law, are a public nuisance, the municipality may by written notice require the owner or occupier of such premises, within a period to be stated in such notice but not less than 24 hours after the date of such notice, to remove the cause of and to abate such nuisance and to carry out such work or take such steps necessary for the said purpose.
12. Destruction of animals
13. Hawking of animals
Provisions relating to keeping of dogs, cats and pets
Part 1 – General provisions relating to dogs, cats and pets
14. Number of dogs and cats
15. Breeders of dogs and cats
16. Breeders of pets
17. Conditions and restrictionsThe municipality’s consent in terms of sections 4, 14(1), 15(1) and 16(1) shall be granted subject to such conditions and restrictions as the municipality, in consultation with another responsible authority, may deem fit to impose.
18. Withdrawal of permission
19. Dogs or cats in public places
Part 2 – Specific provisions relating to dogs
20. Control of dogs
Dog kennels, catteries, pet shops and pet parlours
21. Permission to operate
Co-operation between municipalities
22. Service delivery arrangementsIn an effort to achieve optimal service delivery in terms of this by-law, the municipality may enter into agreements with the district municipality with which legislative and executive powers is shared, in respect of the following:(a)the practical arrangements with regard to the execution of the provisions of this by-law;(b)the imposition and enforcement of conditions with regard to any application in terms of this by-law, in so far as such conditions pertain to the functions and powers performed by the district municipality;(c)the recovery of costs and expenses related to any action in terms of this by-law;(d)subject to the provisions of section 86 of the Municipal Structures Act, mechanisms for the settlement of disputes with regard to execution of powers or functions in terms of this by-law or the matters on which have been agreed;(e)any other matter regarded necessary by the parties to achieve optimal service delivery in terms of this by-law.
Powers of municipality in case of omission by district municipality
23. Failure or omission by District Munnicipality
24. Right of entry and inspection
25. Service of documents and process
26. Transitional provisionsA person who, at the commencement of this by-law, owns a larger number of animals than the number contemplated in section 4(1), may continue to keep such larger number of animals, but may not replace any animal in excess of that number should one or more of the animals die or be disposed of, unless permission is obtained from the municipality for exceeding that number.
28. PenaltiesA person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to -(a)fine or imprisonment, or to such imprisonment without the option of a fine or to both such fine and such imprisonment and,(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued and,(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
29. ExemptionsNotwithstanding the provisions of this by-law, the municipality may exempt any person and/or class of persons from any or all of these requirements and may impose any other requirements it deems appropriate.
30. Repeal of by-lawsThe by-laws listed in Annexure A are hereby repealed to the extent in the third column thereof.
31. Short title and commencementThis by-law shall be known as the by-law relating to Public Nuisances and the Keeping of Animals and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.