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Keeping 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 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-"animals" 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;"authorised official" means a designated person-(a)a member of the Service as defined in Section 1 of the South African Police Service Act, 1995 (Act 68 of 1995);(b)a municipal law enforcement officer appointed under any law;(c)a person who has been declared a peace officer under Section 334(1) of the Criminal Procedures Act, 1977 (Act 51 of 1977); or(d)a member of the Animal Welfare Society or SPCA;"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 Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and includes any political structure, political office bearer, duly authorised agent 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, agent or employee;"dwelling house" means a single building designed for use as a residence for a single family situated on premises containing not more than two such buildings;"dwelling unit" means an inter-connected suite of rooms including a kitchen or scullery designed for occupation by a single family, other than dwelling house, irrespective of whether such unit is a single building or forms part of a building containing two or more such units;"guide dog" means a dog which has been trained to assist a blind or poor-sighted person and includes a service dog which has been trained to assist a person who is mentally or physically incapacitated;"kennel" means premises in or upon which-(a)boarding facilities for dogs are provided;(b)dogs are bred for commercial purposes;(c)dogs are kept for the purposes of being trained or hired out with or without handlers; or(d)dogs are kept for commercial security purposes;"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 No. 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;"Municipal Manager" means a person appointed in terms of Section 54A of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) and includes any person-(a)acting in such position; and(b)to whom the municipal manager has delegated any power, function or responsibility in as far as it concerns the execution of those powers functions or duties;"owner" means in relation to any animal, includes the person having possession, charge, custody or control of such animal;"permit" means the written permission granted by the Municipality in terms of this By-law;"pet" means a tame animal which is kept in a household for companionship and amusement;"pet parlour" means an establishment where pets are groomed;"pet shop" means an establishment where pets are kept for trading purposes;"poultry" means fowl, goose, ostrich, duck, pigeon, dove, turkey, muscovy, guineafowl, quails, buttonquails, exotic and indigenous game birds, peacock or peahen or bird whether domesticated or wild;"premises" means-(a)land or portion of land, whether or not a building or structure has been constructed or erected on such land or portion thereof;(b)a building, structure, tent or caravan and the land on which it is situated and includes any vehicles, carriage, ship or boat;"public place" means any parking area, recreational area, area of relaxation, sport grounds, beach, open place, unused or vacant municipal land, cemetery, places at any time having been dedicated to the public or at any time having been declared or rendered as such by the Municipality or other competent authority;"public road" means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by public or any section thereof or to which the public or any section thereof has a right of access and having been proclaimed accordingly by the Municipality and/or indicated as such on a Surveyor General approved diagram and includes-(a)any services servitude and public passage on public land;(b)the sidewalk or verge of any such road, street or thoroughfare;(c)any bridge, structure or drift traversed by any such road, street or thoroughfare; and(d)any other work of object forming part of or connected with or belonging to such road, street or thoroughfare;"responsible authority" means the Matzikama Municipality or the West Coast District 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;"structure" means any stable, shed, pigsty, kraal, aviary, paddock, covering structure, poultry house, enclosed run, loft or building used for shelter or the keeping or enclosing of animals.
2. Application of By-law
General Provisions Relating to the Keeping of Animals
3. Permission to keep animals (excluding pets)
4. Consideration of applications and imposition of conditions
5. Visibility of structures on premisesAll structures in which animals are kept shall be suitably screened from any street.
6. Waiver of requirements and withdrawal of authorisationsNotwithstanding the aforementioned provisions, the Municipality may after considering conditions particular to the property and on condition 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 if appropriate and may further withdraw any authorisation in terms of Section 4 if any of the conditions therein are not adhered to.
7. Validity of authorisationsAll authorisations to keep animals granted in terms of any By-law or regulation repealed shall be deemed to have been granted in terms of this By-law.
8. Duties of owners or keepers of animalsThe owner of animals or the keeper thereof-(a)may not cause or allow an animal to interfere with the ordinary comfort, convenience, peace or quiet of other people;(b)must provide such animal with bedding, shelter, the necessary veterinary treatment, water and proper food daily; and(c)must at all times maintain the premises on which the animals are kept and all appurtenances in good repair and in neat condition so as to prevent the occurrence of a public nuisance.
9. Animals kept in an unsatisfactory mannerWhenever animals are kept on any premises, whether or not such premises have been approved by the Municipality under this By-law, are a public nuisance, the Municipality may by written notice require the owner or occupier of such premises, within a period to be stated in such notice, but not less than 24 hours after the date of such notice, to remove the cause of and to carry out such action or take such steps necessary to ensure the prevention of such nuisance.
10. Euthanasia of animals (including pets)
11. Hawking of animals (including pets)
Provisions Relating to the Keeping of Dogs, Cats and Pets
Part 1 – General provisions relating to dogs, cats and pets
12. Number of dogs and cats
13. Breeders of dogs and cats
14. Breeders of pets
15. Conditions and restrictionsThe Municipality's permission in terms of Sections 4, 12, 13 and 14 shall be granted subject to such conditions and restrictions such as the Municipality, in consultation with another responsible authority, may deem fit to impose.
16. Withdrawal of permission
Part 2 – Specific provisions for dogs
17. Keeping of dogs
18. Sterilisation of dogs
19. Dogs in public places
20. Control of dogs
21. Fencing of propertyNo person shall keep a dog on his or her premises which is not properly and adequately fenced to keep such dog inside when it is not on a leash unless the dog is confined to the premises in some other manner, provided that such confinement is not inhumane in the assessment of the authorised official.
Part 3 – Animal cruelty
22. Animal cruelty
Dog Kennels, Catteries, Pet Shops and Pet Parlours
23. Permission to operate
Co-operation Between Municipalities
24. Service delivery arrangementsIn an effort to achieve optimal service delivery in terms of this By-law, the Municipality may enter into agreement with the district Municipality with which legislative and executive powers is shared, in respect of the following-(a)the practical arrangement with regard to the execution of the provisions of this By-law;(b)the imposition and enforcements of conditions with regard to any application in terms of this By-law, in so far as such conditions pertain to the functions and powers performed by the district Municipality;(c)the recovery of costs and expenses related to any action in terms of this By-law;(d)subject to the provisions of Section 86 of the Local Government: Municipal Structures Act, No. 117 of 1998 mechanisms for the settlement of disputes with regard to execution of powers of functions in terms of this By-law or the matters on which have been agreed;(e)any other matter regarded necessary by the parties to achieve optimal service delivery in terms of this By-law.
25. Right of entry and inspection
26. Service of documents and process
27. Transitional provisionsA person who, at the commencement of this By-law, owns a larger number of animals than the number contemplated in Section 12, may continue to keep such larger number of animals, but may not replace any animal in excess of that number should one or more of the animals die or be disposed of, unless permission is obtained from the Municipality for exceeding that number.
29. Offences and penalties
30. ExemptionNotwithstanding the provisions of this By-law, the Municipality may exempt any person and/or class of persons from any or all of these requirements and may impose any other requirements it deems appropriate.
31. Repeal of By-lawsThe By-laws relating to the keeping of animals previously applicable in the Municipality of Matzikama or any of the disestablished municipalities that were incorporated into the current Municipality of Matzikama are hereby repealed.
32. Short title and commencementThis By-law shall be known as the "By-law relating to 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. Application of By-law
Chapter I – General Provisions Relating to the Keeping of Animals
- 3. Permission to keep animals (excluding pets)
- 4. Consideration of applications and imposition of conditions
- 5. Visibility of structures on premises
- 6. Waiver of requirements and withdrawal of authorisations
- 7. Validity of authorisations
- 8. Duties of owners or keepers of animals
- 9. Animals kept in an unsatisfactory manner
- 10. Euthanasia of animals (including pets)
- 11. Hawking of animals (including pets)
Chapter II – Provisions Relating to the Keeping of Dogs, Cats and Pets
- Part 1 – General provisions relating to dogs, cats and pets
- Part 2 – Specific provisions for dogs
- Part 3 – Animal cruelty
- Chapter III – Dog Kennels, Catteries, Pet Shops and Pet Parlours
- Chapter IV – Co-operation Between Municipalities
- Chapter V – General Provisions
History of this By-law
15 November 2019 this versionPublished in Government Gazette no. 8177By-law commences.