Health By-Laws

LOCAL AUTHORITY NOTICE (for full text click here)

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

 CHAPTER 12, MISCELLANEOUS

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.

(2) (a) If an authorised officer is of the opinion that a dog is creating a disturbance or a nuisance in terms of subsection (1)(a), he or she may order the owner of the dog by notice in writing to remove the dog from the place from which the dog is creating the disturbance or nuisance.

(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.


© Karen 2012