Mbizana
South Africa
South Africa
Dogs By-law, 2009
- Published in Eastern Cape Provincial Gazette 2042 on 27 February 2009
- Commenced on 27 February 2009
- [This is the version of this document from 27 February 2009.]
1. Definitions
In these By-laws, unless the context indicates otherwise-"dog" means both a male and a female dog;"driving fees" means the fees payable when a dog has been seized and transported to the pound by an authorized officer of the Municipality in terms of these By-laws;"Kennel" means any premised referred to in item I8(2)(a), (b) and (c) of Schedule 1 of the Licenses Ordinance, 1974;"Municipality" means the Mbizana Municipal Council;"Municipal Council" the Mbizana Municipal Council established in terms of section 12 of the Local Government: Municipal Structures Act 117 of 1998, as amended;"Owner" in relation to a dog includes any person who keeps or has in his or her possession or is in charge of a dog excluding-(a)a person referred to in paragraph (2)(c) and (d) of item 18 of Schedule 1 to the License Ordinance, 1974;(b)a veterinary surgeon in respect of a dog left in his or her care for treatment;(c)a society for the prevention of cruelty to and the advancement of the welfare of animals registered as such in terms of the Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993);"pound master" means a person in charge of a pound;"prescribed" means prescribed by the Municipal Council in terms of these By-laws;"tax" means the tax levied in the appropriate schedule to these By-laws;"tax receipt" means a receipt issued by the Municipality as proof that tax has been paid;"year" means a period of twelve month ending 24h00 on 31 December.2. Liability for tax
3. Person liable for tax
For the purpose of these By-laws any person who keeps a dog or within whose premises any dog is found or seen, is deemed to be the owner of such dog until the contrary is proved.4. Exemption from payment of tax
The following owners are exempted from the payment of tax referred to in section 2:5. Application to pay tax
6. Duplicate tax receipt
Any person may obtain a duplicate tax receipt issued in terms of section 2 on payment of the relevant charges as determined by the Municipality.7. Transfer of tax receipt
Where the ownership of a dog is transferred to someone else, the transferee must, after payment to the Municipality of the prescribed charges, cause such transfer, together with his or her name and address, to be endorsed on the tax receipt or on the duplicate thereof.8. Tax receipt to be produced for inspection
The owner must produce the tax receipt for inspection to any authorized officer when reasonably requested to do so.9. Impounding of dogs
10. Unclaimed dogs may be sold or destroyed
11. Dog's collar not to be unlawfully used or removed
12. Certain dogs not allowed in public areas
13. Dogs not be incited
No person must, without reasonable cause-14. Dogs causing disturbance
No person must keep a dog that-15. Destruction of dogs
16. Number of dogs on premises
No person must keep more than three dogs on his premises unless permission is obtained from the Municipality to keep more dogs, on good use shown.17. Control of dogs in public places
18. "Beware of dogs" sign
19. Entering premises
An authorized officer may for any purpose connected with the application of these By-laws-20. Kennels
Subject to the provisions of any other law, no person may establish, manage or keep any kennels or a pets' boarding establishment as defined in item 18(2)(a), (b) and (c) of Schedule 1 of the License Ordinance, 1974 in any residential area or in any area that has been classified in terms of an approved town-planning scheme for residential usage, or within 50 meters thereof.21. Establishment and lease of dog pound
22. Duties of pound master
The Pound master must-23. Penalties
Any person contravening any of the provisions of these By-laws must be guilty of an offence and liable, on conviction, to a fine or in default of payment, to imprisonment for a period not exceeding three months, or both such fine and imprisonment.24. Repeal of by-laws
The provisions of any By-law relating to Dogs by the Municipality are repealed insofar as they relate to matters provided for in these By-laws but such provisions are not deemed to be repealed in respect of any By-law which has not been repealed and which is not contrary to these By-laws.25. Short title
These By-laws are called Dogs By-laws.History of this document
27 February 2009 this version
Cited documents 3
Act 3
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4395 citations |
3. | Constitution of the Republic of South Africa, 1996 | 601 citations |