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Prevention of Public Nuisances and Public Nuisances arising from the Keeping 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 28 May 2021]
1. DefinitionsIn this by-law, unless the context otherwise indicates—"agent", in relation to the owner of a property, means a person appointed by the owner of the property—(a)to receive rental or other payments in respect of the property on behalf of the owner; or(b)to make payments in respect of the property on behalf of the owner;"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 West Coast District Municipality 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 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;"drunk" means a person who, by reason of the alcohol which he or she has consumed, has lost control of his or her mental or physical faculties, 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 with that regard to the rights of others which the law demands;"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 Bergrivier Municipality 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;"municipal manager" is the person appointed by the municipality in terms of Section 82 of the Municipal Structures Act, Act 117 of 1998, and includes a person—(a)acting in such position; and(b)to whom the municipal manager has delegated any power, function or responsibility;"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 contemplated in Part 1 of this by-law—(i)a person in whom the legal title to a premises is vested;(ii)in the case of property being subject to a lease agreement, the tenant of such property;(iii)in cases where the person in whose name property is registered is insolvent or deceased, or insane or whose estate has been designated for profit of his creditors, the person in whom the administration of the property is vested as trustee, executor, curator or proxy or administrator;(iv)in cases where the owner as described above is absent, the agent or person who receives the rental of the relevant property; and(v)in any case where the property is inhabited in terms of a servitude or similar right, the inhabitant of such property."pet" means a tame animal which is kept in a household;"pet parlour" means an establishment where pets are groomed;"pet shop" means an establishment where pets are kept for trading purposes;"poultry" means any fowl, goose, ostrich, duck, pigeon, dove, turkey, muscovy, guinea-fowl, peacock or peahen or bird whether domesticated or wild;"premises" means—(a)land or a portion of land, including a public place, 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 or omission or condition on any premises 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 other people or which adversely effects the safety of people, and ″nuisance″ has the same meaning;"public place" means any land, 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 Bergrivier 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 other competent authority, 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, 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
General provisions relating to keeping of animals
4. Permission to keep animals
5. Plans for structures and managementThe municipality may require from applicants who apply to keep animals that they must submit an application form and a detailed site plan according to specifications set by the municipality.
6. Consideration of application and imposition of conditions
7. Visibility of structures on premises
8. Wavering of requirements and withdrawal of authorisationsThe municipality may after considering conditions particular to the property and provided 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 and may withdraw any consent granted in terms of section 6(3) if any of the conditions imposed are not adhered to.
9. Validity of authorisationsAll authorisations to keep animals granted in terms of any by-law or regulation repealed are deemed to have been granted in terms of this by-law.
10. Duties of owner or keeper of animal
11. Animals kept in unsatisfactory manner
12. Destruction of animals
13. Hawking of animals
Provisions relating to keeping of dogs and cats
Part 1 – General Provisions relating to dogs and cats
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) may be subject to any conditions that the municipality, in consultation with another responsible authority, may deem fit to impose.
18. Withdrawal of permission
19. Dogs or cats in streets or 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 agreementsIn order 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.
23. Powers of municipality in case of omission by District MunicipalityIf the service delivery referred to in section 22 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 22 the municipality may, subject to the principles of cooperative government as set out in section 41 of 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.
24. Right of entry and inspection
25. Service of documents and process
26. Transitional provisions
27. 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.
28. 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.
29. 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 appropriate.
30. Liaison forums in community
31. 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.
32. Repeal 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.
33. Short title and commencementThis by-law shall be known as the By-law relating to Public Nuisances and Public Nuisances arising from the Keeping of Animals and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Objectives and application of by-law
- Chapter 1 – General provisions relating to public nuisances
Chapter 2 – 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 premises
- 8. Wavering of requirements and withdrawal of authorisations
- 9. Validity of authorisations
- 10. Duties of owner or keeper of animal
- 11. Animals kept in unsatisfactory manner
- 12. Destruction of animals
- 13. Hawking of animals
Chapter 3 – Provisions relating to keeping of dogs and cats
- Part 1 – General Provisions relating to dogs and cats
- Part 2 – Specific provisions relating to dogs
- Chapter 4 – Dog kennels, catteries, pet shops and pet parlours
- Chapter 5 – Co-operation between municipalities
- Chapter 6 – General provisions
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.
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