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Municipal Pound By-law, 2019
- Published in Eastern Cape Provincial Gazette no. 4329 on 21 October 2019
- Commenced on 21 October 2019
- [This is the version of this document from 21 October 2019 and includes any amendments published up to 23 September 2022.]
PreambleWHEREAS section 24(a) of the Constitution provides that everyone has the right to an environment that is not harmful to their health and well-being; andWHEREAS in terms of section 11(3)(m) of the Local Government; Municipal Systems Act 32 of 2000, read with section 162 of the Constitution of the Republic of South Africa Act 108 of 1996, municipalities have the legislative power to promulgate by laws regarding any matter which falls within its functional competence;NOW THEREFORE the Council of the Mbizana Local Municipality, acting in terms of section 156 read with Schedule 5 (Part B) of the Constitution of the Republic of South Africa Act 108 of 1996, and read with section 1 of the Local Government: Municipal Systems Act 32 of 2000, hereby effects the above by law.
1. Definitions"animal" means any equine, bovine, cow, bull, oxen, sheep, donkey, goat, pig, fowl, ostrich, dog, cat or other domestic animal or bird, or any wild animal, cattle, wild bird or reptile, including the young of such animal and includes also both sexes of such animal."animal disease" has the meaning assigned to it in terms of the Animal Diseases Act No. 35 of 1984."animal health scheme" has the meaning assigned to it in terms of the Animal Diseases Act No. 35 of 1984."auction sale" means a public sale in which members of the public are invited to bid for the animal or animals being offered for sale, the animal or animals being sold to the highest bidder at the fall of the hammer, and which sale constitutes a legally binding contract and which complies with the provisions of the Consumer Protection Act No 68 of 2008, where applicable."contagious disease" means any disease, sickness, or illness which is capable of being transferred or transmitted from an infected animal, carcass or other thing to another animal, plant or human either through physical contact or by being airborne."Council" means the Council of the Mbizana Local Municipality."department" means the Department of Agriculture, Forestry and Fisheries."hooves" means horny covering protecting the ends of digits in the foot of certain animals, such as horses or donkeys."identification mark" has the meaning assigned to it in terms of the Animal Identification Act, 2002."municipality" means the Mbizana Local Municipality"mane" means hair that grows from the top of the neck of a horse that naturally grows to cover the neck and forehead."owner" in relation to any animal or animals includes any person having possession, charge, custody or control of such animal or animals in relation to land includes the registered owner, lessee or any lawful occupier of such land"pound" means a fenced-off area consisting of one or more camps and which meets the requirements of the local Society for the Prevention of Cruelty to Animals for the keeping of animals established by the municipality and placed under the control of the pound master, for the housing and care of animals which are astray, lost or at large."pound master" means a person who may be a part-time or full-time employee of the municipality and appointed as such in terms of these by laws"public place" means any place to which the public has access including, but not limited to, any square, park, recreational ground, sports grounds, open space, shopping centre on municipal land, used or vacant municipal land or cemetery"public road" means a public road as described in Section 1 of the National Road Traffic Act No 93 of 1996"ranger" means any person appointed as such by the municipality in terms of these bylaws to patrol public places and roads with the intention of impounding stray or lost animals and to maintain the pound"SPCA" means the local Society for the Prevention of Cruelty to Animals"ticks" means small ectoparasites living by feeding on the blood of aniamls"vaccine" means any injectable solution that provides immunity to a particular disease"veterinary surgeon" means a person who is qualified as such in accordance with the provisions of the Veterinary and Para-Veterinary Professions Act No 19 of 1982
2. Revocation of by laws
3. Application of by law
5. Objects of bylaw
6. Establishment of pound
7. Pound master
9. Pound Assisstants
10. Detention and removal of animals
12. Impounded animals bearing identification mark or animals for which the owner is known to Pound Master
13. Claim by owner
14. Unclaimed animals
15. Procedure and notice of sale
16. Costs of impoundment which municipality is entitled to recover from owner
17. Care and treatment of animals
18. Duties of owners of animals
19. Destruction of sick or injured animals
21. Offences and penalties
22. Revocation of by laws
35. Short title and commencement
History of this By-law
21 October 2019 this versionPublished in Eastern Cape Provincial Gazette no. 4329By-law commences.