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This is the latest version of this By-law.
Dogs By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [Up to date as at 31 May 2021]
1. DefinitionsIn these By-laws, unless the context indicates otherwise-"dog" means both a male and a female dog;"driving fees" means the fees payable when a dog has been seized and transported to the pound by an authorized officer of the Municipality in terms of these By-laws;"Kennel" means any premised referred to in item I8(2)(a), (b) and (c) of Schedule 1 of the Licenses Ordinance, 1974;"Municipality" means the Mbizana Municipal Council;"Municipal Council" the Mbizana Municipal Council established in terms of section 12 of the Local Government: Municipal Structures Act 117 of 1998, as amended;"Owner" in relation to a dog includes any person who keeps or has in his or her possession or is in charge of a dog excluding-(a)a person referred to in paragraph (2)(c) and (d) of item 18 of Schedule 1 to the License Ordinance, 1974;(b)a veterinary surgeon in respect of a dog left in his or her care for treatment;(c)a society for the prevention of cruelty to and the advancement of the welfare of animals registered as such in terms of the Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993);"pound master" means a person in charge of a pound;"prescribed" means prescribed by the Municipal Council in terms of these By-laws;"tax" means the tax levied in the appropriate schedule to these By-laws;"tax receipt" means a receipt issued by the Municipality as proof that tax has been paid;"year" means a period of twelve month ending 24h00 on 31 December.
2. Liability for tax
3. Person liable for taxFor the purpose of these By-laws any person who keeps a dog or within whose premises any dog is found or seen, is deemed to be the owner of such dog until the contrary is proved.
4. Exemption from payment of taxThe following owners are exempted from the payment of tax referred to in section 2:(1)Any person residing outside the Municipal area-(a)who brings a dog into the Municipal area for a period not exceeding 30 days;(b)who brings a dog into the Municipality for treatment or boarding at a veterinary surgeon or a kennel, but such dog must be removed from the Municipality immediately after such treatment or boarding and the owner of that dog must be in possession of a license issued by the authority within whose jurisdiction such dog is normally kept.(2)A blind person using a dog as a guide or lead dog.
5. Application to pay tax
6. Duplicate tax receiptAny person may obtain a duplicate tax receipt issued in terms of section 2 on payment of the relevant charges as determined by the Municipality.
7. Transfer of tax receiptWhere the ownership of a dog is transferred to someone else, the transferee must, after payment to the Municipality of the prescribed charges, cause such transfer, together with his or her name and address, to be endorsed on the tax receipt or on the duplicate thereof.
8. Tax receipt to be produced for inspectionThe owner must produce the tax receipt for inspection to any authorized officer when reasonably requested to do so.
9. Impounding of dogs
10. Unclaimed dogs may be sold or destroyed
11. Dog's collar not to be unlawfully used or removed
12. Certain dogs not allowed in public areas
13. Dogs not be incitedNo person must, without reasonable cause-(a)set any dog on any person, animal or bird; or(b)permit any dog under his or her supervision or in his or her custody to attack or terrify any person, animal or bird.
14. Dogs causing disturbanceNo person must keep a dog that-(a)creates a disturbance or nuisance; or(b)suffers from a contagious disease, excluding a veterinary surgeon that keeps such dogs in clinic for treatment.
15. Destruction of dogs
16. Number of dogs on premisesNo person must keep more than three dogs on his premises unless permission is obtained from the Municipality to keep more dogs, on good use shown.
17. Control of dogs in public places
18. "Beware of dogs" sign
19. Entering premisesAn authorized officer may for any purpose connected with the application of these By-laws-(a)at a reasonable time and without notice, enter any premises, accompanied, if he or she deems it necessary, by an interpreter or other assistant with a view to-(i)carrying out any examination, inspection or enquiry as he or she may deem necessary;(ii)exercising any other power in terms of these By-laws and he or she may for that purpose take any necessary appliance with him or her onto the premises.(b)call upon the owner of a dog to render such assistance or to furnish information, including his or her full name and address, as such officer may reasonably require.
20. KennelsSubject to the provisions of any other law, no person may establish, manage or keep any kennels or a pets' boarding establishment as defined in item 18(2)(a), (b) and (c) of Schedule 1 of the License Ordinance, 1974 in any residential area or in any area that has been classified in terms of an approved town-planning scheme for residential usage, or within 50 meters thereof.
21. Establishment and lease of dog pound
22. Duties of pound masterThe Pound master must-(a)keeps the pound open between 08h00 and 16h30 during every day of the week;(b)receives any dog brought to the pound in terms of these By-laws during hours when the pound is open and must, subject to the provisions of these By-laws, keep such dog in the pound but the pound master may refuse to receive a dog and may release any dog if he or she at any time has reason to believe that such dog was not lawfully seized or impounded;(c)keeps a register in which the following particulars in respect of every impounded dog are recorded-(i)the name, residential address and telephone number of the person who impounded the dog;(ii)the time and date on which the dog was impounded ;(iii)the place where the clog was seized or found;(iv)the date and the time at which the dog was seized or found;(v)the reason for impounding the dog;(vi)the age, breed, sex, colour markings and any injury found on it when the pound master received it;(vii)the manner in which the dog was disposed of;(viii)the amount of money obtained for the release or sale of the dog;(ix)the cost of any veterinary services incurred in respect or sale of the dog;(d)ensures that all utensils used in connection with impounded dogs are at all times kept in a clean condition and in a good state of repair;(e)ensures that the pound is at all times free from files, insects, rodents and odious smells;(f)ensure that every dog in the pound is properly fed and cared for;(g)isolates bitches on heat;(h)takes all reasonable steps to prevent fighting among dogs in the pound; and(i)isolates a diseased dog, unless such dog is treated by a veterinary surgeon and takes all possible steps to recover the costs incurred in this respect from the owner.
23. PenaltiesAny person contravening any of the provisions of these By-laws must be guilty of an offence and liable, on conviction, to a fine or in default of payment, to imprisonment for a period not exceeding three months, or both such fine and imprisonment.
24. Repeal of by-lawsThe provisions of any By-law relating to Dogs by the Municipality are repealed insofar as they relate to matters provided for in these By-laws but such provisions are not deemed to be repealed in respect of any By-law which has not been repealed and which is not contrary to these By-laws.
25. Short titleThese By-laws are called Dogs By-laws.
- Entire By-law
- 1. Definitions
- 2. Liability for tax
- 3. Person liable for tax
- 4. Exemption from payment of tax
- 5. Application to pay tax
- 6. Duplicate tax receipt
- 7. Transfer of tax receipt
- 8. Tax receipt to be produced for inspection
- 9. Impounding of dogs
- 10. Unclaimed dogs may be sold or destroyed
- 11. Dog's collar not to be unlawfully used or removed
- 12. Certain dogs not allowed in public areas
- 13. Dogs not be incited
- 14. Dogs causing disturbance
- 15. Destruction of dogs
- 16. Number of dogs on premises
- 17. Control of dogs in public places
- 18. "Beware of dogs" sign
- 19. Entering premises
- 20. Kennels
- 21. Establishment and lease of dog pound
- 22. Duties of pound master
- 23. Penalties
- 24. Repeal of by-laws
- 25. Short title