Cape Town
South Africa
South Africa
Environmental Health By-law, 2003
- Published in Western Cape Provincial Gazette 6041 on 30 June 2003
- Commenced on 30 June 2003
- [This is the version of this document from 5 August 2011 and includes any amendments published up to 25 October 2024.]
- [Amended by Animal By-law, 2011 on 5 August 2011]
Definitions
In this by-law, unless the context indicates otherwise:—"accommodation establishment" means any premises in or upon which the business of supplying lodging with or without one or more meals per day is conducted or intended to be conducted for reward or gain, but does not include any such premises which is duly registered as a hotel under any law relating to the registration of hotels, or which provides lodging with one or more meals per day and has fewer than five beds available for occupation, or which provides no meals and has fewer than three rooms that are let or intended for letting;"agent" means a person specifically or generally appointed to attend to the affairs of another;"animal" means horse, pony, mule, donkey, cattle, pig, sheep, goat, camel, reptile, indigenous animal and other wild or exotic animal, but excludes dogs and cats kept as domestic pets;"boarder" means any person to whom lodging or both lodging and meals in an accommodation establishment is or are supplied by the proprietor for reward or gain;"carcass" means the remains of any animal or poultry;"cattery" means any establishment where cats are bred or boarded;"child care facility" means any building or premises maintained or used, whether for profit or otherwise, for the temporary or partial care of children under 18 years of age apart from their parents, but does not include any boarding school, school hostel or any establishment which is maintained or used mainly for the tuition or training of children and which is controlled by or which has been registered or approved by the State;"communicable disease" means any disease which can be communicated directly or indirectly from any person suffering therefrom or who is a carrier thereof to any other person;"cost" means the amount determined by a duly authorized employee of the Council;"Council" means the Council of the City of Cape Town or its duly authorised employee, councillor, committee or agent;"generator "means a person who generates medical waste."hairdresser or barber" means a natural person who carries on business by cutting, shaving, shampooing, curling, straightening or otherwise treating or removing people’s hair or beards or providing beauty treatment for reward or gain;"health nuisance" means any activity, condition, premises or thing which, on account of effluent, vapours, chemical effluvia, odours, noise, vibration, radiation, refuse, waste products, dirt, chemical or biochemical material, microbial infection, vermin, vegetation, overcrowding, lack of proper general hygiene, ventilation, lighting, design, situation or on account of any other cause or practice whatsoever, is/are in the opinion of the Director: City Health or a duly authorised council employee potentially injurious or dangerous to health or which is/are offensive, including, without affecting the generality of the aforegoing, any facility for the storage, distribution or handling of water that is likely to be used by man for domestic purposes or consumption, including such water itself, which is contaminated or polluted;"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;"medical certificate" means a certificate signed by a medical practitioner;"medical practitioner" means a person registered as such under the laws relating to the registration of persons as medical practitioners;"medical waste" includes—Part 1 – Prevention and suppression of health nuisances
1.
No owner or occupier of any shop or business premises or vacant land adjoining a shop or business premises shall use, cause or permit to be used such shop or business premises, vacant land or any portion thereof which is open to the public, for the purpose of storing, stacking, or keeping any waste material, refuse, crates, cartons, containers or any other articles of like nature in such a way as to cause a health nuisance.2.
Notwithstanding the provision of any other by-law or legislation no person shall—3.
4.
No person shall occupy or cause or suffer to be occupied any premises for habitable purposes so as to be a health nuisance, whether by overcrowding or otherwise.5.
The owner of any premises which is let or sublet to more than one tenant, shall maintain at all times in a clean and sanitary condition every part of such premises as may be used in common by more than one tenant.6.
No person shall keep, cause or suffer to be kept any factory or trade premises so as to cause or give rise to smells or effluvia that constitute a health nuisance.7.
Every person who is the occupier or in charge of any premises or the owner of any vacant land in the area of jurisdiction of the council, shall take all possible precaution to prevent conditions favouring the multiplication and prevalence of, and shall take steps for the eradication of mosquitoes, flies, fleas, bugs, cockroaches or other vermin or pests. An authorised person employed by council may serve upon such owner, occupier or person in charge a notice in regard to the prevention or eradication of any such vermin or pest and specify a time period within which such vermin and/or pest must be eradicated.8.
No person shall keep, cause or suffer to be kept on any premises any accumulation or deposit of filth, rubbish, refuse, manure, other offensive matter, or objectionable material or thing so as to be a health nuisance.9.
No person shall, without the written permission of the council, occupy or permit to be occupied for human habitation a caravan, tent or other similar shelter of any description on unserviced land except on an authorised camping or caravan site.10.
Any person who contravenes or fails to comply with any provisions of this part or fails to comply with any notice lawfully given thereunder shall be guilty of an offence.Part 2 – ***
[Part 2 (sections 11 to 22) repealed by section 36(k) of the Animal By-law, 2011]Part 3 – Medical waste management
23.
24.
25.
26.
27.
Any person who contravenes any provision of this part or fails to comply with any notice lawfully given thereunder commits an offence.Part 4 – Trades
28. Accommodation establishments
29. Hairdresser and barbers
30. Tattooing and body piercing of humans
31. Childcare facilities
32.
Any person who contravenes any of the provisions of this part shall be guilty of an offence.Part 5 – The conveying and handling for sale of meat intended for human consumption
33.
No person shall convey or cause or suffer to be conveyed any meat for sale and intended for human consumption, save in accordance with the following requirements:34.
35.
For a period of four years after the date of promulgation of this by law, the provisions of sections 33(a) (i), (ii), (iii), (v) and (vi), 33(b), except the provision that the trailer should comply with section 33(a) (vii) and 33(d) of this regulation, shall not apply to any vehicle already lawfully in use at such date for conveying meat for sale intended for human consumption.36.
The provisions of this part shall be in addition to, and not in substitution for, the provisions of any other regulations of the council relating to food intended for sale, except in so far as such regulations may be repugnant to or inconsistent with this regulation, in which case the provisions of this regulation shall prevail.37.
Any person who contravenes or fails to comply with any of the provisions of this part shall be guilty of an offence.Part 6 – General provisions
38. Right of entry and inspection
39. Service of documents and process
40. Penalties
41. Exemptions
Notwithstanding the provisions of this By-law, the Council 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.42. Repeal
The legislation appearing in Schedule 1 is repealed insofar as it has application in the municipal area of the City of Cape Town43. Interpretation
In the event of a conflict between the English, Xhosa and Afrikaans versions of this By-law, the English version shall be decisive.44. Short title and commencement
This By-law shall be know as the Environmental Health By-law and come into operation on the date of publication in the Provincial Gazette.History of this document
05 August 2011 this version
Amended by
Animal
30 June 2003
Cited documents 2
Act 2
1. | Births and Deaths Registration Act, 1992 | 1170 citations |
2. | Environment Conservation Act, 1989 | 294 citations |