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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
- [This is the version of this document from 22 October 2004 and includes any amendments published up to 17 June 2022.]
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—
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:
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
- 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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