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Impoundment of Animals By-law, 2019
- Published in Government Gazette no. 8177 on 15 November 2019
- Commenced on 15 November 2019
- [Up to date as at 9 October 2020]
1. DefinitionsIn this By-law, words used in the masculine gender include the feminine; the singular includes the plural and vice versa; the English text shall prevail in the event of an inconsistency between the different texts, and 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;"authorised official" means an official, authorised in terms of Section 8 of the Animal Protection Act, 1962 (Act No. 71 of 1962), or any peace officer authorised in terms of Section 334 of the Criminal Procedures Act, 1977 (Act No. 51 of 1977) or any employee of the Matzikama Municipality who is authorised to enforce the provisions of this By-law;"cattle" means bulls, cows, oxen, heifers, steers and calves;"goat" means an adult male or female goat, a wether or a kid;"horse" means a stallion, mare, gelding, colt, filly, donkey and mule;"Municipality" means the Municipality of Matzikama established in terms of Section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), Provincial Notice 481 dated 4 December 2000 and includes any political structure, political office-bearer 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 or employee and also includes a service provider in terms of a service delivery agreement;"occupant" means any person in actual occupation of land or entitled as owner, lessee or resident to occupy land;"owner" in relation to an animal, includes any person having possession, charge, custody or control of such animal;"pound" means a fenced-off area consisting of one or more camps under the control of a pound master, which was created for the housing and care of stray animals which are astray, lost or at large;"pound master" means a person tasked to fulfil the duties and functions of a pound master in terms of this By-law and who may be either-(a)a part-time or full-time employee of the Municipality; or(b)appointed under a service-delivery agreement to keep and operate a pound;"proprietor" means in relation to the ownership of any property any person who as owner, legal lessee or occupant resides on premises or land or uses it for whatever purpose, or who, as agent of the owner, exercises control over it;"sheep" means a ram, an ewe, a wether and a lamb;"stallion" means a male horse, donkey or mule not castrated or partially castrated;"proprietor" means any owner, lessee, or occupant of land;"stock inspector" means a person competent and qualified to inspect stock and who has been appointed by the Department of Agriculture for this purpose;"veterinary surgeon" means a person who is qualified and registered in accordance with the provisions of the Veterinary and Para-Veterinary Professions Act, 1982 (Act 19 of 1982), to practise as veterinary surgeon.
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. Establishment of a pound and appointment of pound master
4. Impounding of animals
5. Receiving and caring of animals by pound master
6. Receipt for impounded animals
7. Euthanising of animalsA pound master may euthanise any impounded animal-(a)suffering from a contagious disease or which may prove dangerous to human life; or(b)if it has been agreed to by the owner of the animal with the pound master as to the necessity for it being euthanised; or(c)if the animal impounded has no reasonable life expectancy;(d)if the animal is permanently unfit; or(e)if the animal has not been claimed by its owner within ten working days after having been impounded alternatively having been unsuccessfully offered for sale at an auction as contemplated in Section 16.
8. Notice of impounded animals
9. Keeping of pound register
10. Inspection of and extracts from pound registerEvery pound register shall be kept at the pound or any other approved place and shall at all reasonable times be open for inspection, free of charge, to any authorised officer of the Municipality, veterinary surgeon, stock inspector, and any member of the South African Police Service or a member of the public.
11. Submission of pound register entries after pound sales
12. 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, shall take the pound register with him to the place of sale, and such register shall be open for inspection, free of charge, at the place of sale to all persons desirous of inspecting it.
13. Pound master's fees
14. Fees payable
15. Notice of saleEvery pound master shall:-
16. Pound sales
17. Illegal impounding and penaltiesAny person who illegally impounds any animal shall be guilty of an offence and shall in addition be liable to the owner for all damages, pound fees, compensation, cost and charges arising out of such proceeding, and for all charges, fees or tariffs in connection therewith.
18. Use, detention and maltreatment of animals
19. LiabilityThe Municipality, the pound master or any authorised official shall not be liable for the death or theft or injury to any animal, as a result of the seizure, transportation, impoundment or release of any such animal during the impoundment or as a result of impoundment.
20. Offences and penaltiesAny person who-
21. 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.
22. Short title and commencementThis By-law shall be known as the By-law relating to the Impoundment of Animals 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. Establishment of a pound and appointment of pound master
- 4. Impounding of animals
- 5. Receiving and caring of animals by pound master
- 6. Receipt for impounded animals
- 7. Euthanising of animals
- 8. Notice of impounded animals
- 9. Keeping of pound register
- 10. Inspection of and extracts from pound register
- 11. Submission of pound register entries after pound sales
- 12. Inspection of pound register at place of sale
- 13. Pound master's fees
- 14. Fees payable
- 15. Notice of sale
- 16. Pound sales
- 17. Illegal impounding and penalties
- 18. Use, detention and maltreatment of animals
- 19. Liability
- 20. Offences and penalties
- 21. Repeal of By-laws
- 22. Short title and commencement
History of this By-law
15 November 2019 this versionPublished in Government Gazette no. 8177By-law commences.