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Impoundment of Animals By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [Up to date as at 9 October 2020]
1. DefinitionsIn this by-law, 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 Bergrivier established in terms of Section 12 of the Municipal Structures 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;"occupier" 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 posses-sion, charge, custody of control of such animal;"pound" means a facility consisting of one or more buildings, enclosures or camps which may be established by the municipality and placed under the control of a pound master, or a service provider in terms of a service delivery agreement with the municipality, for the housing and care of animals which are astray, lost or at large;"pound master" means a person who may be—(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;"proprietor" means any owner, lessee, or occupier of land;"sheep" means a ram, an ewe, a wether and a lamb;"stallion" means a male horse, donkey or mule not castrated or partially castrated;"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. Purpose of by-lawThe purpose of this by-law is to provide facilities for the housing and care of animals which are astray, lost or at large and for procedures, methods and practices to manage the impoundment of such animals.
3. ImpoundmentAny person may impound an animal found abandoned upon his property or any street, road, road reserve or other public place.
4. Pound to which animals are to be sentAny person upon whose land an abandoned, lost or stray animal is found, may deliver such animal to the nearest pound or such other pound designated by the municipality.
5. Receiving of animals by pound master
6. Receipt for impounded animalsA pound master must give the person delivering an animal into his or her charge a written receipt, indicating the number and description of animals so delivered.
7. Number of enclosuresThe municipality must maintain in good repair and, as far as possible, free from all infection, separate enclosures for—(a)ostriches and horses;(b)cattle;(c)sheep, goats and pigs;(d)dogs; and(e)cats,provided that the 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. Destruction of dangerous or contagious animals
9. Notice of impounded animals
10. Keeping of pound register
11. Inspection of and extracts from pound registerA pound register must be kept at the pound or any other approved place and must at all reasonable times be open for inspection, free of charge, to any authorised officer of the municipality, veterinary surgeon, any member of the police service or the public.
12. Submission of pound register entries after pound salesA pound master must, within 14 days after the date of each pound sale, submit to the municipality a copy of all entries in his or her pound register made since the date of the preceding submission, and the municipality must 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, must keep the pound register at the place of sale, and such register must be open for inspection, free of charge, to all persons desirous of inspecting it.
14. Impoundment tariff
16. Notice of sale
18. Sale of animalsAt every such sale—-(a)no animal may be put up for sale unless impounded for at least two weeks;(b)all animals, except sheep and goats must be sold individually;(c)sheep and goats must be sold in lots of not more than ten, and sheep and goats, or sheep or goats with different marks or brands may not be sold together in the same lot;(d)animals must be sold for cash, and the proceeds, less the amount of the pound fees and other costs incurred must be handed by the pound master to the municipality, to be paid to the owners of the animals sold; provided that—(i)if in any particular case the sale does not realise sufficient to cover the tariffs due, the proceeds must be first utilised for payment of the compensation due to the pound master, and if the said proceeds are insufficient to cover such compensation, the balance of compensation must be paid to the pound master by the municipality;(ii)any money, being the proceeds of the sale of any impounded animal, not being claimed by the owner of such animal within twelve months from the date of sale, accrues to the municipality;(e)the municipality may fix a reserve price for any animal offered for sale; and(f)the auctioneer may withdraw any animal from the sale if the highest bid received is not satisfactory, irrespective of whether a reserve price has been fixed by the municipality.
19. Illegal impounding and penaltiesAny person who illegally impounds any animal commits an offence.
20. Recovery of loss in respect of impoundment of animals from area of another municipalityAny loss suffered by the 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 from such other municipality.
21. Use, detention and ill-treatment of animalsNo person may furiously drive or ill-treat any animal found trespassing.
22. 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 Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
23. Offences and penaltiesA person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment 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.
24. Conflict with other legislationIn the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.
25. Revocation of by-lawsThe provisions 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, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.
26. Short title and commencementThis by-law shall be known as the Impoundment of Animals By-law and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law
- 3. Impoundment
- 4. Pound to which animals are to be sent
- 5. Receiving of animals by pound master
- 6. Receipt for impounded animals
- 7. Number of enclosures
- 8. Destruction of dangerous or contagious animals
- 9. Notice of impounded animals
- 10. Keeping of pound register
- 11. Inspection of and extracts from pound register
- 12. Submission of pound register entries after pound sales
- 13. Inspection of pound register at place of sale
- 14. Impoundment tariff
- 15. Payment
- 16. Notice of sale
- 17. Auctioneer
- 18. Sale of animals
- 19. Illegal impounding and penalties
- 20. Recovery of loss in respect of impoundment of animals from area of another municipality
- 21. Use, detention and ill-treatment of animals
- 22. Appeal
- 23. Offences and penalties
- 24. Conflict with other legislation
- 25. Revocation of by-laws
- 26. Short title and commencement
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.