Tshwane Municipality Bylaws

LOCAL AUTHORITY NOTICE

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

PROMULGATION OF ENVIRONMENTAL HEALTH BY-LAWS: KEEPING OF ANIMALS, BIRDS AND POULTRY AND TO BUSINESSES INVOLVING THE KEEPING OF ANIMALS, BIRDS, POULTRY AND PETS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY

The Municipal Manager of the City of Tshwane Metropolitan Municipality, hereby publishes in terms section 13 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), read with section 162of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), the Health By-Laws for Keeping of Animals, Birds and Poultry and to Businesses Involving the Keeping of Animals, Birds, Poultry and Pets of the City of Tshwane Metropolitan Municipality which shall come into operation on date of publication hereof.

The following by-laws are herewith repealed:

a) Centurion and Akasia Municipalities: Standard By-Laws relating to the Keeping of Animals, Birds and Poultry and Businesses Involving the Keeping of Animals, Birds, Poultry or Pets as promulgated in terms of Administrator's Notice 2208 of 9 October 1985.

b) Verwoerdburg Municipality: By-Laws relating to Dogs and Dog Licences as promulgated in terms of Administrator's Notice 446 of 2 May 1979.

c) Pretoria Municipality: Public By-Laws relating to Public Health as promulgated in terms of Administrator's Notice 572 of 18 July 1956.

MR BLAKE MOSLEY-LEFATOLA

MUNICIPAL MANAGER

26 May 2004

(Notice No 432/2004)

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

STANDARD BY-LAWS RELATING TO THE KEEPING OF ANIMALS, BIRDS AND POULTRY AND TO

BUSINESSES INVOLVING THE KEEPING OF ANIMALS, BIRDS, POULTRY AND PETS

INDEX

CHAPTER 1

GENERAL

1. Definitions

2. Application of by-laws

3. General provisions

4. Kennels and premises for the keeping of livestock

5. Premises for the keeping of animals, poultry and birds

CHAPTER2

KEEPING OF CATTLE, HORSES, MULES AND DONKEYS

6. Requirements for premises

7. Duties of keepers of cattle, horses, mules and donkeys

CHAPTER 3

KEEPING OF PIGS

8. Requirements for premises .

9. Duties of keepers of pigs

CHAPTER 4

KEEPING OF GOATS AND SHEEP

10. Requirements for premises

11. Duties of keepers of goats and sheep

CHAPTER 5

KEEPING OF POULTRY

12. Requirements for premises

13. Duties of keepers of poultry

CHAPTER 6

KEEPING OF RABBITS

14. Requirements for premises

15. Duties of keepers of rabbits

CHAPTER 7

KEEPING OF BIRDS

16. Requirements for premises

1? .Duties of keepers of birds

CHAPTER 8

DEALERS IN LIVESTOCK AND OTHER BUSINESSES INVOLVING THE KEEPING OF ANIMALS ANDPOULTRY

18. Requirements for conducting a business

CHAPTER 9

DOG KENNELS AND CATTERIES

19. Requirements for premises

20. Duties of persons in control of kennels and catteries

CHAPTER 10

PET SHOPS AND PET SALONS

21. Requirements for premises

22. Duties of pet shop and pet salon owners

CHAPTER 11

HAWKING OF POUL TRY AND RABBITS

23. Requirements for hawking

24. Duties of hawkers

CHAPTER 12

MISCELLANEOUS

25. Drainage

26. Discharge of taps

2? .Nuisance

28. Vicious dogs and bitches on heat

29. Dogs causing a nuisance

30. Dogs to be led

31. Dogs not to be incited

32. Pound master

33. Pound procedure

34. Impounding of animals

35. Pound master may recover expenses

36. Unclaimed animals may be sold or destroyed

37. Authorised officer may destroy an animal

38. Owner may be summoned to produce an animal for inspection by court

39. Powers of officers concerned with the prevention of cruelty to animals

40. Costs may be awarded against vexatious complainant

41. Animal fights

42. Illnesses attributable to animals

43. Inspection

44. Offences and penalties

CHAPTER I

GENERAL

1. Definitions

In these by-laws, unless the context otherwise indicates –

"adequate" means adequate in the opinion of the Municipality;

"animal" means any of the following animals: (a) Cattle; (b) sheep; (c) goats; (d) horses; (e) mules; (f) donkeys; (g) pigs; (h) rabbits; (i) cats; or O) dogs;

"approved" means approved by the health officer, regard being had to the reasonable public health requirements that may apply to each particular case;

"authorised officer" means a person authorised thereto by the Municipality, and includes any member of a force established under a law for performing police duties or functions or exercising police powers;

"aviary" means a roofed or unroofed enclosure, other than a portable cage, used for the keeping of birds;

“battery system" means a system of keeping birds or poultry in cages either in single rows or in 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 in or on which cats are kept and bred for commercial purposes;

"Chief Financial Officer" means the person holding the office of Chief Financial Officer in the Municipality or whoever is acting in that capacity, and includes any official of the Municipality under the control of the Chief Financial Officer who performs any function or duty or exercises any power under these by-laws;

"Chief of Police" means the person holding the office of Chief of Police in the Municipality or whoever is acting in that capacity, and includes any official of the Municipality under the control of the Chief of Police who performs any function or duty or exercises any power under these by- laws or any person associated with an approved organisation established to prevent cruelty to animals;

"dwelling" means any building or part of a building used for human habitation;

"enclosure", in relation to animals, means any kraal, pen, paddock or other fenced or enclosed area used for accommodating, keeping or exercising animals;

"environmental health practitioner" means an environmental health practitioner appointed by the Municipality in terms of section 24 of the Health Act, 1977 (Act 63 of 1977);

"hawk" means the activity of hawking licensed in terms of item 3(1) of Schedule 1 to the Businesses Act, 1991 (Act 71 of 1991);

"hawker" means any person carrying on the activity of hawking in terms of item 3(1) of Schedule 1 to the Businesses Act, 1991 ;

"health officer" means a medical officer of health appointed in terms of section 22 or 25 of the Health Act, 1977;

"kennels" means any 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 purpose of being trained or hired out with or without handlers;

"livestock" means horses, cattle, sheep, goats, pigs, mules, donkeys and poultry;

"Municipality" means the City of Tshwane Metropolitan Municipality, established by General Notice 6770 in Provincial Gazette Extraordinary 141 of 1 October 2000 in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);

"nuisance" means a nuisance as defined in the Health Act, 1977;

"owner", in relation to an animal, means any person having possession, charge, custody or control of the animal;

"person in control" means a person actually managing or in control of any premises or business;

"pet" means any domestic or other animal which may be lawfully kept, and includes any bird and non-poisonous reptile;

"pet salon" means the business of providing a beauty treatment service for pets by washing, drying, brushing, clipping or trimming them or by attending to their nails or teeth;

"pet shop" means the business of keeping pets for the purpose of sale;

"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 fowl;

"poultry house" means any roofed-over building or structure, other than one in which a battery system is operated, in which poultry are kept;

"poultry run" means any unroofed wire mesh or other enclosure, whether or not an addition to a poultry house, in which poultry are kept;

"pound fees" means fees payable for impounding animals, and includes fees for the removal and destruction of carcasses;

"pound master" means a person in control of a pound;

"premises” means any land, building or structure or any portion of any land, building or structure in or on 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 of a building or structure used for accommodating or keeping cattle, horses, mules or donkeys; and

"veterinarian" means a person registered as a veterinarian in terms of section 1 of the Veterinary

and Para-Veterinary Professions Act, 1982 (Act 19 of 1982).

2. Application of by-laws

( 1) The provisions of these by-laws do not apply to -

a) the keeping of cows for commercial milk production;

b) an agricultural show where animals, poultry or birds are kept on a temporary basis; and a laboratory where animals, poultry or birds are kept for research purposes, provided that the health officer may, if he or she is satisfied that the application of one of the provisions of these by-laws or more is essential in the interest of public health, by notice to the person in control require such provision or provisions to be complied with.

(2) The provisions of sections 5, 10 and 11 do not apply to the temporary keeping of a goat on any premises for the purpose of providing milk for medical reasons, provided the prior approval of the health officer is obtained and no nuisance arises from the keeping of such goat.

(3) The provisions of sections 4, 5, 6, 8, 10, 12, 14, 16, 18, 19 and 21 apply only to premises that are newly constructed or have been reconstructed or converted after the commencement of these by- laws, provided that the health officer may, if he or she is satisfied that the application of anyone of the provisions in question or more is essential in the interest of public health, give notice in writing to the owner or person in control of such premises to, within a reasonable period stated in the notice, comply with the provisions the health officer may specify.

(4) The provisions of section 12(5), (8) and (10) and section 13(d) to (i) do not apply to the keeping of poultry numbering not more than 20.

(5) The provisions of section 14(5) and (8) and section 15(d) to (h) do not apply to the keeping of ten rabbits or less.

3. General provisions

(1) A person is guilty of an offence and liable on conviction to a fine of R 20 000.00 (twenty thousand rand) or to imprisonment for a period not exceeding two years if he or she -

a) overloads, overdrives, overrides, ill-treats, neglects, infuriates, tortures, maims, beats, kicks, goads or terrifies any animal;

b) confines, chains, tethers or secures any animal unnecessarily or under such conditions or in such manner or position as to cause that animal unnecessary suffering, or keeps any animal in a place that has inadequate space, ventilation, light, protection or shelter from heat, cold or extreme weather conditions;

c) unnecessarily starves or insufficiently feeds any animal or deprives any animal of water or food;

d) liberates any bird in such manner as to expose the bird to immediate attack or danger of attack by any animal, wild animal or wild bird;

e) drives or works an animal that is so diseased or so injured or in such a physical condition that the animal is unfit to be driven or to do any work;

f) lays any trap or device for the purpose of capturing or destroying an animal, wild animal or wild bird, the capturing or destruction of which is not proved to be necessary for the protection of property or for the prevention of the spread of disease;

g) having laid a trap or device referred to in paragraph (f), fails to inspect and clear such trap or device at least once a day, whether in person or through a competent person;

h) except under the authority of a permit issued by the magistrate of the district in question, sells a trap or device intended for the capture of an animal, including a wild animal (not being a rodent) or wild bird, to any person who is not a bona fide farmer;

i) conveys, carries, confines, secures, restrains or tethers an animal - (i) in conditions in which the animal has inadequate shelter, light or ventilation or in conditions in which the animal is unduly exposed to heat, cold, weather, sun, rain, dust, exhaust gases or noxious fumes; (ii) without making adequate provision for suitable food, potable water and rest for the animal in circumstances where it is deemed necessary; or (iii) in such conditions or in such manner or position or for such period of time or over such distance as to cause the animal unnecessary suffering;

j) without reasonable cause administers to an animal any poisonous or injurious drug or substance;

k) being the owner of an animal, deliberately or without reasonable cause or excuse abandons the animal, whether permanently or not, in circumstances likely to cause that animal unnecessary suffering;

l) causes, procures or assists in the commission or omission of any of the acts contemplated in paragraphs (a) to (k) or, being the owner of an animal, permits the commission or omission of any such act;

m) by wantonly or unreasonably or negligently doing or omitting to do any act or causing or procuring the commission or omission of any act, causes unnecessary suffering to an animal; or

n) slaughters an animal for any reason whatsoever (excluding slaughtering for own use and ritual slaughtering) in a residential area without the prior consent of the Chief of Police, the environmental health practitioner and any officer concerned with the prevention of cruelty to animals.

(2) Notwithstanding anything to the contrary contained in any law, a magistrate's court has

jurisdiction to impose any penalty provided for in this section.

4. Kennels and premises for the keeping of livestock

(1) No person may

a) keep any-livestock, other than poultry, or maintain a kennels in any area defined by the Municipality as unsuitable for the keeping of livestock and the maintenance of kennels: and

b) keep livestock, other than poultry on a premises situated on land less than 1ha in extend, provided that in the case of a dealer or speculator in livestock the land is not less than 2.5 ha in extend.

(2) The provisions of subsection 1(a) do not apply in respect of a veterinary clinic or veterinary hospital operating with the Municipality's consent.

5. Premises for the keeping of animals, poultry and birds

No person may-

a) keep any animal, unit of poultry or bird in or on premises that do not comply with the

provisions of these by-laws;

b) Keep any animal, unit of poultry or bird in or on premises what are so constructed, maintained or situated that the keeping of animals, poultry or birds on the premises is, in the opinion of the health officer likely to be a nuisance;

c) keep more than 20 units of poultry or 10 rabbits on special residential premises, provided that more than 20 units of poultry may be kept on an agricultural holding and that the owner, occupier or keeper ensures that no health nuisance is constituted;

d) keep more than three dogs or three cats older than six months on premises zoned for special residential purposes;

e) keep dogs and/or cats on premises zoned for general residential purposes or industrial or business purposes unless the prior approval of an authorised officer has been obtained, provided that in giving his or her approval the authorised officer may impose any conditions he or she deems necessary; and

f) operate a battery system for poultry or rabbits before written approval has been obtainedfrom the Municipality.

CHAPTER 9

DOG KENNELS AND CATTERIES

19. Requirements for premises

No person may maintain a kennels or a cattery on any premises unless the following requirements are met:

a) Every dog in the kennels or every cat in the cattery, as the case may be, must be kept in an enclosure meeting the following requirements: (i) The enclosure must be constructed of durable material and have adequate access for cleaning purposes. (ii) The floor of the enclosure must be constructed of concrete or other durable and impervious material brought to a smooth finish and graded to a channel, 100 mm wide, that extends the full width of the floor and is situated within the enclosure, which channel must be graded and drained in accordance with section 25. (iii) Curbing of a height of 150 mm must be provided along the entire length of the channel referred to in subparagraph (ii) and on the side of the channel adjacent to the surrounding outside area so as to prevent stormwater from the outside from entering the channel. (iv) Every enclosure must have a roofed shelter for the accommodation of dogs or cats, as the case may be, and the roofed shelter must meet the following requirements: (aa) Every wall of the shelter must be constructed of brick, stone, concrete or other durable material and have a smooth internal surface without cracks or open joints. (bb) The floor area of the shelter must be of concrete or other impervious and durable material brought to a smooth finish without cracks or open joints. (cc) If the shelter is a permanent structure, every junction of the floor with the walls must be coved. (dd) The shelter must have adequate access for cleaning purposes. (v) In the case of dogs, a movable dog kennel of moulded asbestos or other similar material that is placed on a base constructed of concrete or other durable material with a finish that is easy to clean, without cracks or open joints, may be provided instead of a roofed shelter as contemplated in subparagraph (iv), and if the base of the kennel is not water-proof, a sleeping board that will enable the dog to keep dry must be provided in every such kennel. (vi) A concrete apron of a width of at least 1 m extending around the extremities of the enclosure must be provided, which apron must be graded so as to drain stormwater away from the enclosure. (vii) A potable water supply adequate for drinking and cleaning purposes must be provided in or adjacent to the enclosure.

b) If required by the health officer, a separate room or roofed area meeting the following requirements must be provided on the premises for the preparation of food for the dogs

or cats, as the case may be: (i) The room or roofed area must have a floor area of at least 6,5 m², a width of at least 2,1 m and a height of at least 2,4 m. (ii) The floor of the room or roofed area must be of concrete or other durable and impervious material brought to a smooth finish. (iii) The internal wall surfaces of the room or roofed area must be smoothly plastered and painted with light-coloured washable paint. (iv) The room or roofed area must be equipped with metal preparation tables and a double-bowled stainless steel sink, which sink must - (aa) have a constant supply of hot and cold water laid on; (bb) be drained in accordance with section 25; and (cc) have a minimum depth of 225 mm and a minimum capacity of 55 t

c) (i) A rodent-proof storeroom for the storage of food for the dogs or cats, as the case may be, must be provided on the premises. Such storeroom must have a floor area of at least 6,5 m2 and a width of at least 2, 1 m. (ii) If the health officer is satisfied that, having regard to the number of dogs or cats being kept on the premises, a storeroom of smaller dimensions than the minimum dimensions required in terms of subparagraph (i) or other storage facilities are adequate, he or she may permit the smaller storeroom or other storage facilities.

d) At least 5 m of clear unobstructed space must be maintained between an enclosure referred to in paragraph (a) and the nearest point of any dwelling, building or structure used for human habitation or place where food is stored or prepared for human consumption, or the boundary of any land.

e) Isolation facilities for sick dogs or sick cats, as the case may be, must be provided on the premises.

f) If the washing, clipping or grooming of pets is done on the premises, the following - facilities must be provided on the premises: (i) A bathroom with - (aa) a minimum floor area of 9 m²; (bb) a width of not less than 2, 1 m; (cc) a bath or a similar approved fitting and a washbasin; and (dd) a constant supply of hot and cold running water laid on; and (ii) a clipping and grooming room with - (aa) a minimum floor area of 10 m2; (bb) a width of at least 2, 1 m; (cc) approved tables with an impervious top; and (dd) an adequate number of portable storage receptacles of an impervious and durable material with close-fitting lids for storing cut hair pending removal.

g) The bathroom and clipping and grooming room referred to in paragraph (f) must – (i) be laid out so as to provide an unobstructed floor area of at least 30%; (ii) have floors that are constructed of concrete or other durable and impervious material brought to a smooth finish, are graded to a channel and are drained in accordance with section 25; (iii) have coving at every junction of the floor with the walls, and the coving must have a minimum radius of 75 mm; and (iv) have walls with an internal wall surface smoothly plastered and painted in lightcoloured washable paint.

h) If cages are provided for the keeping of cats on the premises, the cages must be of a durable impervious material and be constructed so that they are easy to clean

20. Duties of persons in control of kennels and catteries

Any person in control of a kennels or a cattery on any premises must -

a) maintain the premises, equipment and every vessel, receptacle, container and sleeping board used in connection with the kennels or cattery in a clean, sanitary condition and in good repair; (b) (i) provide portable storage receptacles of an impervious material with close-fitting lids for storing dog and cat faeces on the premises; and (ii) keep the portable storage receptacles on a platform constructed of concrete or other durable and impervious material adjacent to the enclosure contemplated in section 19;

b) remove all faeces and other waste matter from the enclosure contemplated in section 19 at least once every 24 hours and place the faeces and other waste matter in the portable storage receptacles;

c) remove the contents of the portable storage receptacles from the premises at least twice every seven days and dispose of the contents in a manner that will not create a nuisance;

d) store all loose food in receptacles with close-fitting lids inside the storeroom referred to in section 19(c);

e) provide refrigeration facilities on the premises to store all perishable food at a temperature not higher than 10 °C;

f) take effective measures to - (i) destroy or prevent the harbouring or breeding of flies, cockroaches, rodents and other vermin on the premises; and (ii) prevent offensive odours from arising from the keeping of dogs or cats on the premises;

g) provide refuse receptacles with close-fitting lids in the room or roofed area contemplated in section 19(b );

h) keep any sick dog or sick cat in the isolation facilities contemplated in section 19(e) while the sick dog or sick cat is on the premises; and

i) ensure that any dog or any cat kept on the premises does not disturb or hinder the comfort, convenience or peace and quiet of the public.

CHAPTER 10

PET SHOPS AND PET SALONS

21. Requirements for premises

(1) No person may conduct the business of a pet shop or pet salon in or on any premises -

a) in which there is direct internal access to any room or place - (i) which is used for human habitation; or (ii) in which clothing is stored or sold; or (iii) in which food for human consumption is prepared, stored, sold or consumed; and

b) unless the premises meet requirements of this section.

(2) The premises on which the business of a pet shop or pet salon is conducted must meet the following requirements:

a) Every wall of any building housing the pet shop or pet salon, including any partition of the building, must be constructed of brick, concrete or other durable material, have a smooth internal surface and be painted with light-coloured washable paint or given some other approved finish.

b) The floor of a building contemplated in paragraph (a) must be constructed of concrete or other durable and impervious material brought to a smooth finish.

c) The ceiling of a building contemplated in paragraph (a) must be constructed of a durable material, have a smooth finish, be dust-proof and be painted with light-coloured washable paint.

d) One washbasin with a constant supply of hot and cold running water laid on must be provided on the premises for every 15 persons employed on the premises of the pet shop or pet salon, and the washbasin must be drained in accordance with section 25.

e) (i) A rodent-proof storeroom with a floor area of at least 16 m2 must be provided on the premises. (ii) If the health officer is satisfied that, having regard to the extent of the business and the quantity of goods, equipment and pet food to be stored on the premises, a storeroom of smaller dimensions than the minimum dimensions in terms of subparagraph (i) is adequate, he or she may permit a smaller storeroom on the premises.

f) Facilities for the washing of cages, trays and other equipment must be provided on the premises in the form of either - (i) a curbed and roofed-over platform with a surface area of at least 1 ,5 m², raised at least 100 mm above the floor and constructed of concrete or other durable and impervious material brought to a smooth finish, which platform must be provided with a constant supply of water laid on; or (ii) a stainless steel sink or trough with a drainage board and a constant supply of water laid on.

g) The platform, sink or trough referred to in paragraph (f) must be drained in accordance with section 25, and any wall surface within 0,5 m of such platform, sink or trough must , be covered permanently with durable waterproof material to a height of at least 1 ,4 m above the floor .

h) (i) A separate change-room for each sex, clearly designated, must be provided on the premises if more than two persons of the opposite sex are employed on the premises of the pet shop or pet salon. (ii) Every change-room must have a floor area of at least 0,5 m²for each employee, with a minimum overall floor area of 6,5 m² and a minimum width of 2, 1 m, and the change-room must be equipped with a separate metal clothes locker for the keeping of personal clothing for each employee. (iii) If separate change-rooms are not required in terms of subparagraph (i), a metal clothes locker must be provided for each employee.

i) No door, window or other opening in any wall of a building contemplated in paragraph (a) may be within 2 m of any door, window or opening to any building in which food is - (i) prepared, stored or sold for human consumption; or (ii) consumed by humans.

j) If the washing, clipping or grooming of pets is done on the premises, the provisions of' .section 19(f) must be complied with.

22. Duties of pet shop and pet salon owners

(1) Every person who conducts the business of a pet shop or pet salon on any premises must -

a) provide cages for housing animals, poultry and birds on the premises;

b) provide rodent-proof receptacles for storing all loose pet food in the storeroom contemplated in section 21 (1 )(e), which receptacles must be of an impervious material and have close-fitting lids;

c) provide refrigeration facilities for storing all perishable pet food kept that is kept on the premises, which food must be stored at a temperature not higher than 10 °C;

d) maintain in every room in which pets are kept, an unobstructed floor space of at least 30% of the floor area of such room and a distance of at least 800 mm between rows of cages;

e) maintain in a clean, sanitary condition, free from vermin and in good repair - (i) the premises; and (ii) every cage, tray, container, receptacle, basket and all apparatus, equipment and appliances used in connection with the pet shop or pet salon;

g) provide overalls or other protective clothing for use by persons employed in connection with the pet shop or pet salon and ensure that the overalls or other protective clothing is worn by such persons when on duty;

h) keep no pet in a yard or other open space on the premises unless the approval of the health officer has been obtained;

i) provide isolation facilities in which every pet that is or appears to be sick may be kept while on the premises;

j) ensure that there is a constant and potable supply of water for drinking and cleaning purposes for the pets in the pet shop or pet salon;

k) ensure that the premises are at all times so ventilated as to ensure sufficient movement of air for the comfort and survival of the pets; and

l) ensure that the number of pets per cage is not such that the free movement of the pets is impeded.

(2) The following requirements in respect of the cages referred to in subsection (1 )(a) must be met:

a) The cages must be constructed entirely of metal or other durable impervious material, and each cage must be fitted with a removable metal tray below the floor of the cage to facilitate cleaning.

b) Every cage must be free from any recess or cavity that is not readily accessible for cleaning, and every tubular or hollow fitting used in connection with the cage must have its interior cavity sealed.

c) Every cage must be of such a size and mass and so placed that the cage can be readily moved.

d) If rabbits are kept in a cage, the metal tray referred to in paragraph (a) must be drained to a removable receptacle.

e) Every cage must be fitted with a drinking vessel filled with water and accessible to the pets kept in the cage.

f) The distance from any cage to the nearest wall must be at least 150 mm.

g) Every cage must be kept at least 450 mm above the floor level, and the space beneath the cage must be unobstructed.

CHAPTER 12

MISCELLANEOUS

25. Drainage

All sinks, washbasins, 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 that is connected to the Municipality's sewer or, where no sewer is available or readily accessible, to other means of drainage approved by the Municipality.

26. Discharge of taps

The taps at all water supply points required in terms of these by-laws, other than those within a building or structure of which the floors are graded and drained, must be placed in such a way as to discharge directly over and into a dished top fitted 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.

27. Nuisance

No person may -

a) keep any animal or pet in such a manner as, to cause a nuisance; and

b) fail to duly dispose of dead animals in a manner prescribed by the health officer.

28. Vicious dogs and bitches on heat

(1) No person may permit any dog, particularly-

a) a dog that is wild or vicious;

b) a dog that has acquired the habit of running after vehicles, animals, poultry, pigeons or persons outside any premises where such a dog is kept;

c) a dog that causes injury to persons or damage to property; or

d) a bitch on heat;

to be in a public place.

(2) No person may bring a dog contemplated in subsection (1) to a public place.

(3) Any authorised officer may impound a dog referred to in subsection (1) or (2) or have such dog impounded.

(4) Any person claiming any dog impounded in terms of subsection (3) is not entitled to its return

unless and until the pound fees have been paid.

29. Dogs causing a nuisance

(1) No person may keep a dog if -

a) the dog creates a disturbance or a nuisance by constantly or excessively barking, howling or whirling;

b) the dog suffers from a contagious disease, provided that the dog may be kept in a veterinary surgeon's clinic for treatment;

c) the dog defecates when taken into a public place or road while under the control or supervision of a person and the person fails to dispose of the faeces in a refuse receptacle; and

d) the stench of faeces of the dog kept on the person's property becomes a nuisance to the occupiers of adjacent properties.

b) An owner contemplated in subsection (2) must, within 96 hours, calculated from 12:00 on the day on which the notice was served, remove the dog from the place from which the dog is creating the disturbance or nuisance. If the owner fails to comply with the notice, the authorised officer may impound the dog and deal with it in terms of the provisions of Chapters 9 and 12.

(3) The Municipality is not liable to pay any compensation to any person in respect of any action in terms of this section.

30. Dogs to be led

(1) No person may permit any dog to be at large in a street or public place unless the dog is kept on a leash or a chain and under the control of such person.

(2) Any authorised officer may impound a dog that is in a street or public place and is not kept on a leash or a chain, and such dog must be dealt with in accordance with Chapters 9 and 12.

31. Dogs not to be incited

No person, except a person training a dog at a dog training school, may, without reasonable grounds -

a) incite a dog against a person, animal or bird; or

b) permit a dog in his or her custody or under his or her control to attack or frighten any person, animal or bird.

32. Pound master

(1) The pound master must -

a) keep the pound open between 08:00 and 16:30 on every weekday and between 08:00 and 12:00 on Saturdays;

b) keep a register in which the following particulars in respect of every impounded animal are recorded: (i) The name, residential address and telephone number, if any, of the person who impounded the animal; (ii) the time at which and date on which the animal was impounded; (iii) the place where the animal was found immediately before it was seized; (iv) the date on which and the time at which the animal was seized; (v) the reason for impounding the animal; (vi) a description of the animal, which description must include the estimated age, breed, sex, colour, markings and any injury found on the animal when the pound master accepted it; (vii) whether the animal was released, sold or destroyed and the date and time of such release, sale or destruction; (viii) the amount of money realised in respect of the animal's release or sale; and (ix) the amount of the veterinary expenses incurred, if any, in respect of the animal;

c) ensure that the pound and all instruments and appliances used in connection with impounded animals are at all times kept in a clean condition and free from flies and other vermin to the satisfaction of the environmental health practitioner; and

d) take all necessary steps to have an animal destroyed as contemplated in paragraph (b)(vii) and to recover any expenses incurred in this regard from the person referred to in paragraph (b)(ix).

(2) A person claiming an impounded animal must satisfy the pound master that he or she is the

owner of the animal.

(3) The person claiming an impounded animal must pay to the pound master the pound fees determined by the Municipality from time to time in terms of section 80B of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

(4) The pound master must ensure that the provisions of subsection (2) are complied with

33. Pound procedure

(1) The Chief of Police or his or her representative may seize and impound any animal that he or she suspects is ownerless.

(2) If an owner or occupier of land finds on such land an animal that is not his or her property, the owner or occupier may seize and impound such animal or cause such animal to be seized and impounded.

(3) Notwithstanding the provisions of subsections (1) and (2), no person may seize and impound any animal if there are reasonable grounds to believe that -

a) the animal is a bitch with unwanted young, unless such bitch and unwanted young are impounded together; and

b) the animal is sick, except a dog suffering from an infectious disease or in respect of which the provisions of section 10 of the Animal Diseases Act, 1984 (Act 35 of 1984 ), apply.

(4) A person who has seized and impounded an animal in terms of this section must ensure that such animal is not ill-treated and may, if the pound is closed, keep such animal in his or her custody for a period not exceeding 16 hours.

(5) Subject to the provisions of subsections (1) and (2), no person may rescue or steal any animal that has been seized or is kept in custody or has been impounded in terms of this section.

34. Impounding of animals

(1) Any authorised officer may impound any animal that -

a) is at large and apparently ownerless; or

b) has no metal name tag for identification on its collar; or

c) is being kept in contravention of any part of these by-laws.

(2) An animal referred to in subsection (1) must be detained at the pound until the person claiming the animal has paid to the pound master the pound fees.

(3) If the name and address of a person appear on the collar of an impounded dog, the pound master must immediately communicate with that person. For the purpose of this section a written communication posted to the address on the collar, micro-chip or tattoo is deemed sufficient communication.

(4) No person may remove or attempt to remove from the custody of the person in charge of the pound any animal lawfully impounded.

(5) For the purpose of this section "pound" means a place designated by the Municipality for the detention and destruction of dogs in terms of these by-laws.

35. Pound master may recover expenses

The pound master is entitled to recover from the owner of any impounded animal the cost of any reasonable expenses incurred by the pound master in rendering or providing necessary veterinary or medical attention for the animal.

36. Unclaimed animals may be sold or destroyed

(1) If an impounded animal is not claimed by a person entitled to the animal in terms of section 34(2) within seven days after the day on which the animal was impounded, the pound master may sell or destroy the animal or cause the animal to be sold or destroyed in the manner prescribed in section 5 of the Animals Protection Act, 1962 (Act 71 of 1962).

(2) The Municipality is not liable for any compensation to any person entitled to an animal contemplated in subsection (1) in respect of any action taken in terms of this section.

37. Authorised officer may destroy an animal

(1) Whenever an authorised officer is of the opinion that an animal is so diseased or severely injured or in such a physical condition that it ought to be destroyed, he or she may, if the owner of the animal is absent or refuses to consent to the destruction of the animal, summon a veterinarian immediately or, if there is no veterinarian within a reasonable distance, two adult persons whom he or she considers to be reliable and of sound judgement. If such veterinarian or adult persons, after having duly examined the animal, certify that the animal is so diseased or severely injured or in such a physical condition that it would be cruel to keep it alive, the authorised officer may without the consent of the owner destroy the animal or cause it to be destroyed with such instruments or appliances and with such precautions and in such manner as to inflict as little suffering as practicable.

(2) Any authorised officer who in the absence of the owner of an animal destroys the animal or causes it to be destroyed must, if the owner's name and address are known, advise the owner of the destruction. If the destruction of the animal takes place in a public place or on a public road, the authorised officer must, subject to the provisions of the Animal Diseases Act, 1984, remove the carcass or cause it to be removed from the public place or public road.

(3) A veterinarian may in respect of any animal exercise the powers conferred by subsection (1) on an authorised officer on the authorised officer's behalf without summoning another veterinarian or authorised officer or any other person and, in respect of the exercising of those powers, the provisions of subsection (2) apply.

(4) Any expenses which may reasonably be incurred by an authorised officer or veterinarian in carrying out the provisions of this section may be recovered from the owner of the animal in question as a civil debt.

(5) It is a defence to an action brought against any person arising from the destruction of an animal by him or her or with his or her authority to prove that such animal was so severely injured or so diseased or in such a physical condition that it would have been cruel to have kept it alive, and that to summon an authorised officer or follow the procedure prescribed in this section would have occasioned unreasonable delay and unnecessary suffering to such animal.

38. Owner may be summoned to produce an animal for inspection by court

(1) A court trying any person for an alleged offence under these by-laws may summon the owner of an animal in respect of which such offence is alleged to have been committed to produce that animal for inspection by the court at the time and place stated in the summons.

(2) Any person who without a satisfactory excuse fails to comply with a summons issued in terms of subsection (1) is guilty of an offence and liable on conviction to the penalties prescribed in section 44

39. Powers of officers concerned with the prevention of cruelty to animals

(1) If authorised thereto in writing under the hand of the magistrate of a district, any officer concerned , with the prevention of cruelty to animals may in that district -

a) without a warrant and at any time with the consent of the owner or occupier or, failing such consent, on obtaining an order from a magistrate, enter any premises where an animal is kept, for the purpose of examining the conditions under which the animal is kept;

b) without a warrant arrest any person who is on reasonable grounds suspected of having committed an offence under these by-laws, if there is reason to believe that the ends of justice would be defeated by the delay in obtaining a warrant;

c) on the arrest of a person on a charge of an offence under these by-laws, seize any animal or thing in the possession or custody of that person at the time of the arrest and immediately take it to a police officer, who must deal with the animal or thing in accordance with the provisions of the Criminal Procedure Act, 1977 (Act 51 of 1977); and

d) exercise in respect of any animal the powers conferred by section 37(1) on an authorised officer and in respect of the exercising of those powers, the provisions of section 37(1) apply mutatis mutandis.

(2) Any authority granted under subsection (1) may at any time for good cause be revoked by the magistrate of the district.

(3) An authorised officer to whom authority has been granted under subsection (1) must, when required to do so in the exercising of his or her powers, produce that authority for inspection.

(4) Any person who wilfully obstructs, hinders or resists an officer authorised under subsection (1) in the exercising of his or her powers or conceals any animal or thing with intent to defeat the exercising of such powers, or who fails to give his or her name and address to such officer on demand, is guilty of an offence and liable on conviction to the penalties set out in section 44.

40. Costs may be awarded against vexatious complainant

If at the trial of any person on a charge of an offence under these by-laws the court is satisfied that a person or body has ,without reasonable cause and vexatiously lodged or caused to be lodged the complaint which led to the trial, the court may award costs, including attorney and client costs, on the magistrate's court scale, against such person or body as if the proceedings were civil proceedings between the accused and such person or body.

41. Animal fights

(1) Any person who -

a) possesses, keeps, imports, buys, sells, trains, breeds or has under his or her control an , animal for the purpose of fighting any other animal;

b) baits, provokes or incites any animal to attack another animal or to proceed with the fighting of another animal;

c) for financial gain or as a form of amusement promotes animal fights;

d) allows any of the acts referred to in paragraphs (a) to (c) to take place on any premises or place in his or her possession or under his or her charge or control;

e) owns, uses or controls any premises or place for the purpose or partly for the purpose of presenting animal fights on such premises or place or who acts or assists in the management of such premises or place, or who receives any consideration for the admission of any person to such premises or place; or

f) is present as a spectator at any premises or place where any of the acts referred to in paragraphs (b) to (e) is taking place or where preparations are being made for such acts,

is guilty of an offence and liable on conviction to a fine of R20 000,00 (twenty thousand rand) or to imprisonment for a period not exceeding two years

(2) In any prosecution it is presumed, unless the contrary is proved, that an animal that is found at any premises or place is the property or under the control of the owner of those premises or that place, or is the property or under the control of the person who uses or is in control of the premises or place.

42. Illnesses attributable to animals

The illness of any person, which is attributable to the keeping of any animal, poultry , bird or pet as contemplated in Chapters 7 to 10, must be reported to the health officer within 24 hours of diagnosis by the person making the diagnosis.

43. Inspection

The health officer and any officer authorised thereto by the Municipality may, in order to satisfy himself or herself that the provisions of these by-laws are being complied with -

a) at all reasonable times enter any premises - (i) on which animals, poultry, birds or pets are being kept; (ii) on which a kennels, a cattery or a pet shop or pet salon is conducted; (iii) on which the business of a dealer or speculator in livestock is conducted; (iv) from which the hawking of poultry or rabbits takes place; or (v) on which he or she reasonably suspects that animals, poultry, birds or pets are being kept or that a kennels, a cattery, a pet shop, a pet salon, the business of a dealer or speculator in livestock or a hawker of poultry or rabbits is being conducted;

b) inspect the premises or any vehicle that is used or that he or she reasonably suspects is being used for the business and anything on the premises or anything in the vehicle; and

c) question any person on the premises or in the vehicle or any person who has recently been on the premises or in the vehicle.

44. Offences and penalties

Any person who contravenes or fails to comply with any provision of these by-laws is guilty of an offence and liable on conviction to any or all of the following penalties:

a) A fine not exceeding R20 000,00 (twenty thousand rand);

b) a fine not exceeding R20 000,00 (twenty thousand rand) or, in default of payment, imprisonment for a period not exceeding two years;

c) imprisonment for a period not exceeding two years.