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Public Nuisances and the Keeping of Animals By-law, 2021
- Published in Provincial Gazette no. 8591 on 13 May 2022
- Commenced on 13 May 2022
- [This is the version of this document from 13 May 2022 and includes any amendments published up to 15 December 2022.]
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;"breeder" means the owner of a breeding female animal at the time of natural or artificial conception or at the birth of progeny;"cattery" means any establishment where cats are bred or boarded;"district municipality" means the West Coast 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 54A of the Municipal Systems 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;"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 occupied in terms of a lease agreement or otherwise, the tenant or occupier 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 domestic or tamed animal kept for companionship or pleasure;"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 duck, 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 affects the safety of people, and "nuisance" has the same meaning;"public place" means any land, square, building, park, recreation ground, beach, nature reserve 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, 1972, 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 premisesAll structures in which animals are kept must be suitably screened from any street.
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—
9. Validity of authorisationsAn authorisation to keep animals granted in terms of any by-law or regulation repealed, is deemed to have been granted in terms of this by-law.
10. Duties of owner or keeper of animal or pet
11. Animals or pets kept in unsatisfactory manner
12. Euthanization and destruction of animals or pets
13. Hawking of animals or petsNo person may hawk an animal or pet in a street or public place or from a movable structure or vehicle.
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) may be subject to any conditions that the municipality may impose in consultation with another responsible authority.
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 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 are shared, in order to achieve optimal service delivery in terms of this by-law.
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 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. Notice of compliance
26. Service of documents and process
27. Transitional provisionsAnything done under or in terms of any provision repealed by this by-law shall be deemed to have been done under the corresponding provisions of this by-law and the repeal in section 33 shall not affect the validity of anything done under the by-law so repealed.
28. AppealA person whose rights are affected by a delegated decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, 32 of 2000, to the municipal manager within 21 days of the date of the notification of the decision.
29. Offences and penalties
30. 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.
31. Liaison forums in community
32. 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.
33. Repeal of by-lawsThe Bergrivier Municipality By-law Relating to Public Nuisances and Public Nuisances Arising from the Keeping of Animals, published in Provincial Gazette No. 6675 dated 9 November 2009, is hereby repealed.
34. Short title and commencementThis by-law shall be known as the By-law Relating to Public Nuisances and the Keeping of Animals, 2021 and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
13 May 2022 this versionPublished in Provincial Gazette no. 8591By-law commences.
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