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Bergrivier
South Africa
South Africa
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 17 June 2022.]
1. Definitions
In 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—2. Objectives and application of by-law
Chapter 1
General provisions relating to public nuisances
3. Behaviour and conduct
Chapter 2
General provisions relating to keeping of animals
4. Permission to keep animals
5. Plans for structures and management
The 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
All structures in which animals are kept must be suitably screened from any street.8. Wavering of requirements and withdrawal of authorisations
The 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 authorisations
An authorisation to keep animals granted in terms of any by-law or regulation repealed, is deemed to have been granted in terms of this by-law.10.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 pets
No person may hawk an animal or pet in a street or public place or from a movable structure or vehicle.Chapter 3
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 restrictions
The 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
Chapter 4
Dog kennels, catteries, pet shops and pet parlours
21. Permission to operate
Chapter 5
Co-operation between municipalities
22. Service delivery agreements
Whereas 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 municipality
If 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.Chapter 6
General provisions
24. Right of entry and inspection
25. Notice of compliance
26. Service of documents and process
27. Transitional provisions
Anything 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. Appeal
A 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. Exemptions
Notwithstanding 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 legislation
In 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-laws
The 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 commencement
This 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.- Entire By-law
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Preface
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1. Definitions
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2. Objectives and application of by-law
- Chapter 1 – General provisions relating to public nuisances
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Chapter 2 – General provisions relating to keeping of animals
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4. Permission to keep animals
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5. Plans for structures and management
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6. Consideration of application and imposition of conditions
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7. Visibility of structures on premises
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8. Wavering of requirements and withdrawal of authorisations
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9. Validity of authorisations
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10. Duties of owner or keeper of animal or pet
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11. Animals or pets kept in unsatisfactory manner
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12. Euthanization and destruction of animals or pets
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13. Hawking of animals or pets
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4. Permission to keep animals
- Chapter 3 – Provisions relating to keeping of dogs, cats and pets
- 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
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13 May 2022 this version
Published in Provincial Gazette no. 8591By-law commences.
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