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This is the latest version of this By-law.
Keeping of Animals By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [This is the version of this document from 27 February 2009 and includes any amendments published up to 19 December 2022.]
1. DefinitionsIn these By-laws, unless the context otherwise indicates-"adequate" means adequate in the opinion of the Municipality;"animal" means any cattle, sheep, goat, horse, mule, donkey, pig, rabbit, cat and dog;"approved" means approved by the health officer regard being had to the reasonable public health requirements of the particular case;"aviary" means a roofed or unroofed enclosure used for the keeping of birds, other than a portable cage;"battery system" means the method of keeping poultry or rabbits in cages in either single rows or tier formation within a building or structure;"bird" means a feathered vertebrate other than poultry;"cattery" means premises in or on which boarding facilities for cats are provided or cats are kept and bred for commercial purposes;"Municipality" means Mbizana Local Municipality established in terms of section 13 of the Local Government: Municipal Structures Act, 1999 (Act No 29 of 1999);"dwelling" means any building or part thereof used for human habitation;"enclosure" in relation to animals, means any kraal, pen, paddock or other such fenced or enclosed area used for accommodating, keeping or exercising animals;"health officer" means a medical officer of health appointed in terms of section 22 or 25 of the Health Act, 1977 (Act 63 of 1977), and includes a health inspector appointed by a local authority in terms of section 24 of that Act;"kennels" means premises in or on which-(a)boarding facilities for dogs are provided;(b)dogs are bred for commercial purposes; or(c)dogs are kept for the purposes of being trained or hired out with or without handlers;"livestock" means horses, cattle, sheep, goats, pigs, mules, donkeys and poultry;"Local Municipality" means Mbizana Local Municipality contemplated in section 59 read with section 81(2) of the Local Government Municipal Systems Act, 2000 (Act No. 32 of 2000), in terms of Section 157(1) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996, or person designated by any legislation or resolution of Municipality to represent it;"nuisance" means a nuisance as defined in the Health Act, 1977 (Act 63 of 1977);"permit holder" means the person to whom a permit has been issued by the health officer in terms of these By-laws;"person in control" means the person actually managing or actually in control of a premises or a business;"pet" means any domestic or other animal which may be lawfully kept as a pet and includes any bird and non-poisonous reptile;"pet salon" means any premises in or on which beauty treatment is given to dogs or cats by washing, drying, brushing, clipping, trimming or by attending to their nails or teeth;"pet shop" means the business of keeping and selling pets on premises licensed for that purpose under the Licenses Ordinance, 1974 (Ordinance 19 of 1974);"pigsty" means a building, structure or enclosure in which pigs are kept;"poultry" means fowls, ducks, muscovy ducks, geese, turkeys, pigeons, peacocks and domestic guinea-fowls;"poultry house" means any roofed-over building or structure, other than one in which a battery system is operated, in which poultry is kept;"poultry run" means any unroofed wire mesh or other enclosure, whether or not an addition to a poultry house, in which poultry is kept;"premises" means any land, building or structure or any portion of land, building or structure on or in which any of the activities regulated by these By-laws are carried on;"public place" means any road, street, pavement, sidewalk, park or other place to which the public has authorised and unimpeded access;"rabbit hutch" means any roofed-over building or structure, other than one in which a battery system is operated, in which rabbits are kept;"rabbit run" means any unroofed wire mesh or other enclosure, whether or not an addition to a rabbit hutch, in which rabbits are kept;"stable" means any building or structure or any part thereof used for accommodating or keeping any cattle, horses, mules or donkeys;"stray animals" means animals found in the municipal area which were not approved by the municipality.
2. Application of By-laws
3. Premises for the keeping of livestock and kennelsNo person must-
4. Keeping of animals, poultry and birdsNo person must keep any animal, poultry or bird in or on any premises-
5. Permits for keeping of animals and poultry
6. Permits for keeping animals and poultry
7. Duties of keeper of animals, birds or poultry
Keeping of cattle, horses, mules and donkeys
8. Requirements for premisesFor the keeping of any cattle, horse, mule or donkey a stable or enclosure complying with the following requirements, must be provided-
9. Duties of keeper of cattle, horses, mules and donkeysEvery person keeping any cattle, horse, mule or donkey must-
Keeping of pigs
10. Requirements for premises
11. Duties of a pig keeperNo person keeping any pigs in any premises must-
Keeping of goats and sheep
12. Requirements for premisesFor the keeping of any goat or sheep, premises complying with the following requirements must be provided-
13. Duties of keeper of goats and sheepEvery person keeping any goat or sheep must-
Keeping of poultry
14. Requirements for premisesFor the keeping of poultry, premises complying with the following requirements must be provided-
15. Duties of keeper of poultryEvery person keeping poultry must-
Keeping of rabbits
16. Reqiurements for premisesFor the keeping of rabbits premises complying with the following requirements must be provided-
17. Duties of keeping rabbitsEvery person keeping rabbits must-
Keeping of birds
18. Requirements for premisesFor the keeping of birds in an aviary, premises complying with the following requirements must be provided-
19. Duties of a keeper of birdsEvery person who keeps birds in an aviary must-
Dealer in livestock and other businesses involving the keeping of animals or poultry
20. Requirements for premises
Dog kennel and catteries
21. Requirements for premises
22. Duties of person in control of kennels or catteriesAny person in control of kennels or a cattery must-
Pet shops and pet salon
23. Requirements for premisesNo person must conduct a business of a pet shop or pet salon in or on any premises-
24. Duties of traderEvery person who conducts the business of a pet shop must-
Street trading in pultry and rabbits
25. Requirements for premisesNo person must sell in the street poultry or rabbits, unless the following requirements are complied with-
26. Duties of street traderEvery person selling poultry or rabbits in the street must-
27. DrainingAll sinks, wash hand basins, baths, shower-baths, troughs, floor surfaces, including channels and washing platforms, required to be drained in terms of these By-laws, must be drained to an external gully, connected to the Municipality’s sewer or, where no sewer is available or readily accessible, to other means of drainage approved by the Municipality.
28. NuisanceNo person must-
29. Illness attributable to animalsThe illness of any person, which is attributable to the keeping of any animal, poultry, bird or pet as contemplated in Chapters VII to X inclusive, must be reported to the health officer within 24 hours of diagnoses by the person making the diagnosis.
30. InspectionsThe health officer and any officer authorised thereto by the Municipality may, in order to satisfy himself that the provisions of these By-laws are being complied with-
31. Provisions of campsThe Municipality may reserve and fence off or conditionally allow to be fenced of such portions of land within its area of its jurisdiction, as may be deemed desirable, by the municipality, and establish a special camp or camps as it deems fit in order to ensure proper administration and to prevent soil erosion.
32. Grazing feesAny grazing fees prescribed by the municipality must be payable by every person in whose name animals are registered or should on terms of these By-law be registered.
33. Register of animalsThe Municipality must cause all information furnished in support of an application for permission in terms of section 3 to be entered in a register of animals in a suitable form if such application is approved. Any animals reflected in the register of animals must be deemed to be registered.
34. Duties of a keeper of animalsAnyone who keeps an animal within the jurisdiction of the Municipality must-
35. Animals kept in an unsatisafactory mannerWhenever, in the opinion of the authorised official, any animals kept on any premises are causing a nuisance or danger to health, the authorised official 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 abate such nuisance or danger to health and carry out such steps as the authorised official may deem necessary for the said purpose.
36. Offences and penalties
37. Repeal of By-lawsThe provisions of any By-laws relating keeping of animals by the Municipality are repealed insofar as they relate to matters provided for in these By-laws.
38. Short titleThese By-laws are called the By-laws for Keeping of Animals.
History of this By-law
27 February 2009 this versionPublished in Eastern Cape Provincial Gazette no. 2042By-law commences.