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Prevention of Public Nuisances and the Keeping of Animals, Poultry, Pigeons and Bees By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [Up to date as at 28 May 2021]
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:—"animal" means horse, pony, mule, donkey, cattle, pig, sheep, goat, camel, reptile, indigenous animal or exotic animal, but excludes dogs and cats kept as domestic pets;"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 Municipal Structures Act, 117 of 1998, Provincial Notice 480 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof 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, councillor, agent or employee;"kennel" means any establishment that has as its business the breeding, training or boarding of dogs and includes pounds whether operated by the State or otherwise;"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof 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, councillor, agent or employee;"owner" includes—(a)the person or persons in whom from time to time shall be vested the legal title to any immovable property.(b)in any case where a property is subject to a registered lease the lessee of such property.(c)in cases where the person in whom the legal title is vested is insolvent or deceased, or is of unsound mind or whose estate has been assigned for the benefit of his creditors, the person in whom the administration of the property is vested as trustee, executor, curator or assignee, or administrator.(d)in cases where the owner as above described is absent the agent or person receiving the rent of the property in question.(e)in any case where the property is beneficially occupied under a servitude or right similar thereto the occupier of such property."pigeon" means any pigeon other than any fancy pigeon or dove;"poultry" means any fowl, goose, ostrich, duck, pigeon, dove, turkey, muscovy, guinea-fowl, peacock and/or peahen or bird whether domesticated or wild;"premises" means any building, tent or other structure, together with the land on which it is erected and any adjacent land, whether vacant or not, which is used in coherence therewith, and includes any vehicle, carriage, ship or boat;"public nuisance" means any act, omission or condition on any premises, including any building, structure or growth thereon, which in the opinion of the municipality is offensive or dangerous, or which materially interferes with the ordinary comfort, convenience, peace or quiet of the occupiers of property in the neighbourhood or which adversely effects the safety of the public;"public place" means any square, building, park, recreation ground or open space which:—(a)is vested in the municipality;(b)the public has the right to use, or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General’s office and has been provided for or reserved for the use of the public or the owners of erven in such township;"public road" means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes:—(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare, and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"structure" means any stable, shed, pigsty, kraal, aviary, paddock, covering structure, poultry house, enclosure, run, loft or building used for human shelter or the keeping or enclosing of animals, poultry, pigeons or bees;
Part 1 – Public nuisances
2. Behaviour and conduct
Part 2 – Keeping of animals, poultry, pigeons and bees
3. Written permission
Plans for structures and management
4.An application to keep animals, poultry, pigeons and bees must be accompanied by a detailed site plan indicating all existing or proposed structures and fences on the property for which the permit is required.
5.Detailed plans and specifications of structures in which it is proposed to keep animals, poultry, pigeons and bees must accompany the application in section 4 and such plans must be approved by the municipality.
6.An exposition of the numbers, kinds, sizes and gender of animals must accompany the plans in section 5 while the numbers in the case of poultry, pigeons and bees must be indicated.
7.Notwithstanding anything to the contrary contained in this by-law, the municipality may refuse to approve an application or grant approval subject to specific conditions if, in its opinion, the property owing to its location, siting or geographical features or size, is unsuitable for the keeping of animals, poultry, pigeons and bees.
8. Visibility of structures on premisesAll structures in which animals, poultry and pigeons are kept shall be suitably screened from any street to the satisfaction of the municipality.
Authorisations and permits
9.Notwithstanding the aforementioned provisions, the municipality may after considering conditions particular to the property and on condition that no objection is received from adjoining neighbours, 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 3(1) if any of the conditions therein are not adhered to.
10.All permits, authorisations and concessions to keep animals, poultry, pigeons and bees granted in terms of any by-law or regulation repealed shall be deemed to have been granted in terms of this by-law.
11. Animals and pets kept in an unsatisfactory mannerWhenever, in the opinion of the municipality, any animals, poultry, pigeons or pets 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 abate such nuisance and to carry out such work or take such steps as the municipality may deem necessary for the said purpose.
12. Stray animals and pets
Kennels and catteries
14.Any person contravening any provision of this part shall be guilty of an offence.
Part 3 – Co-operation between municipalities
15.In an effort to achieve optimal service delivery in terms of this by-law, the municipality may enter into agreements with the district municipality with which legislative and executive powers is shared, in respect of the following:(a)the practical arrangements with regard to the execution of the provisions of this by-law;(b)the recovery of costs and expenses related to any action in terms of this by-law;(c)mechanisms for the settlement of disputes with regard to execution of powers or functions in terms of this by-law or the matters on which have been agreed;(d)any other matter regarded necessary by the parties to achieve optimal service delivery in terms of this by-law.
Part 4 – Powers of municipality in case of omission by district municipality
16.If the municipality is of the opinion that optimal service delivery referred to in section 15 in its area of jurisdiction is endangered by the refusal or omission by the district municipality to execute any of the practical arrangements envisaged in section 15(a), it may serve written notice on such district municipality to give effect or adhere to such arrangement within reasonable time. Upon failure to adhere to such notice, the municipality may proceed to give effect to such arrangement.
17.Any expenses or cost incurred by the municipality in giving effect to any arrangement referred to in section 16 may be recovered from the district municipality.
Part 5 – General provisions
18. Right of entry and inspection
19. Service of documents and process
21. PenaltiesAny person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to—
22. ExemptionsNotwithstanding 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.
- Entire By-law
- 1. Definitions
- Part 1 – Public nuisances
- Part 2 – Keeping of animals, poultry, pigeons and bees
- Part 3 – Co-operation between municipalities
- Part 4 – Powers of municipality in case of omission by district municipality
- Part 5 – General provisions
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.
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