Animal Keeping By-law, 2021
Published in Western Cape Provincial Gazette no. 8527 on 9 December 2021
Commenced on 9 December 2021
[This is the version of this document from 9 December 2021 and includes any amendments published up to 30 September 2022.]
WHEREAS section 156(1) of the Constitution of the Republic of South Africa, 1996 confers on a municipality the executive authority and right to administer (a) the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 to the Constitution; (b) and any other matter assigned to it by national or provincial legislation;WHEREAS the City has legislative competence in terms of Part B of Schedule 5 of the Constitution in accordance with section 155(6)(a) and (7) of the Constitution relating to control of public nuisances, pounds, facilities for the accommodation, care and burial of animals, licensing of dogs, licensing and control of undertakings that sell food to the public, markets, municipal abattoirs, street trading, municipal roads, traffic and parking;WHEREAS in terms of Part B of Schedule 4 of the Constitution in accordance with section 155(6)(a) and (7) of the Constitution the City has legislative competence relating to municipal health services;AND WHEREAS there is a need to develop legislation to provide for the safe, hygienic and responsible way for keeping of animals in the area of jurisdiction of the City and any matters incidental thereto.NOW THEREFORE BE IT ENACTED by the Municipal Council of the City of Cape Town as follows:
In this By-law, unless the context otherwise indicates—“agricultural farming or agricultural purposes” means the cultivation of land for crops and plants, the keeping and breeding of animals, beekeeping, or the operation of a game farm, and includes such activities and buildings as are reasonably connected with the main farming activities, such as dwelling units for the farmer, farm manager and farm labourers, the packing of agricultural produce grown on the property for delivery to the market, and a plant nursery; but excludes intensive horticulture, intensive animal farming, a farm shop, harvesting of natural resources, and agricultural industry;“agricultural property” means land zoned for such purposes in terms of the City of Cape Town Municipal Planning By-law, 2015;“animal” means any equine, cattle, pig, sheep, goat, camel, reptile, dog, cat, poultry, ostrich, bird, rabbit, fish or other aquatic animal, rodents kept in captivity, any other domesticated animal, indigenous animal and includes any wild animal, or exotic animal which is in captivity or under the control of any person in any way;“animal drawn vehicle” means any cart or other type of vehicle which is physically attached to any animal in any manner for the purposes of moving the cart or other type of vehicle;“bees” means honey bees;“bird” includes any wild bird, but does not include poultry;“captivity” in relation to any animal means the keeping within an enclosure by means of any fence, wall or obstruction of any kind whatsoever in such a way that such an animal is unable to escape;“carcass” means the remains of any animal or poultry that died;“cattery” means premises in or upon which boarding facilities for cats are provided or where cats are bred for commercial purposes;“City” means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 2000 issued in terms of section 12 the Local Government: Municipal Structures Act, 1988 (Act 117 of 1998), or any structure or employee of the City acting in terms of delegated authority;“Council” means the Council of the City of Cape Town;“dangerous animal” means any animal which poses a reasonable or potential threat to the safety of any person, animal or property or which has attacked any person or animal without provocation or which has damaged property;“dwelling house” means a building containing only one dwelling unit, together with such outbuildings as are ordinarily used with a dwelling house, including domestic staff quarters;“dwelling unit” means a self-contained, inter-leading group of rooms, with not more than one kitchen, used for the living accommodation and housing of one family or a maximum of 5 transient guests, together with such outbuildings as are ordinarily used therewith, but does not include domestic staff quarters, or tourist accommodation or accommodation used as part of a hotel;”“guide dog” means a dog which has been trained to assist blind or visually impaired persons and includes a service dog which has been trained to assist a person who is mentally or physically incapacitated;“health nuisance” means any activity, condition, premises or thing which, on account of effluent, vapours, chemical effluvia, odours, noise, refuse, waste products, dirt, chemical or biochemical material, microbial infection, vermin, lack of proper general hygiene, ventilation, lighting, design, situation or on account of any other cause or practice whatsoever, is in the opinion of the Director: City Health or an authorised official potentially injurious or dangerous to health or which is 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;“hive” means a container made of wood or some other material which is suitable for the keeping of bees;“keeper” in relation to:(a)any animal means the owner or co-owner thereof or any other person in possession of the animal or responsible for the feeding and caring thereof; and(b)cattery, kennels, pet parlour or pet shop, means the person who operates the business or the person in charge of the premises on which the business is operated;“kennels” means premises in or upon which—(a)boarding facilities for dogs are provided;(b)dogs are bred for commercial purposes;(c)dogs are kept for the purpose of being trained or hired out with or without handlers, or(d)dogs are kept for commercial security purposes;“large animal” includes any horse, pony, donkey, mule, cattle, antelope, sheep, pig, goat, ostrich or camel and any other animal of similar size or larger;“large dwelling house” means a dwelling house on an erf more than six hundred square meters;“owner” in relation to an animal includes any person having the possession, charge, custody or control of that animal;“nuisance” includes but is not limited to an act or omission which is offensive, injurious or dangerous to health, or which materially interferes with the ordinary comfort, convenience, peace or quiet of the public or which adversely affects the public at large;“permit” means the written permission granted by the City in terms of this By-Law;“person” includes any sphere of government, natural and juristic persons;“pet” means any domestic or other animal which may be lawfully kept;“pet parlour” means a business, approved by the City, providing a beauty treatment service for pets by washing, drying, brushing, clipping, trimming or dyeing them or by attending to their nails, teeth and any related treatments;“pet shop” means premises, approved by the City, on which the business of keeping and selling of pets is conducted;“poultry” means any fowl, goose, ostrich, duck, pigeon, dove, turkey, Muscovy, guinea-fowl, peacock or pea-hen, chicken or bird whether domesticated or wild;“poultry house” means any roofed-over building or structure in which poultry is kept;“poultry run” means an unroofed wire mesh or other enclosure in which poultry is kept, whether or not it is attached to a poultry house;“pound” means a place designated by the City in terms of any law for the impounding, sale and destruction of animals and includes the premises of animal welfare organisations recognised by the City;“pound master” means a person who has been appointed by the City to be in charge of a pound;“premises“(a)means a building, tent or any other structure, together with the land on which it is situated and the adjoining land used in connection therewith;(b)means any land without buildings or tents; and(c)includes any vehicle, conveyance, ship or boat;“public health” means the practice of preventing disease and promoting good health and the physical well-being of people in the area of jurisdiction of the City;“public place” includes—(a)a public road, parking area, square, park, recreation ground, sports ground, sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery which has—(i)been provided, reserved or set apart for use by the public; or(ii)been dedicated to the public;(b)public transportation operated by service providers for the City,but does not include public land that has been leased by the City;“rabbit enclosure” means any roofed-over building or structure in which rabbits are kept;“stray animal” means any animal not under direct control by a person or not prevented from roaming, or an animal that has escaped or is lost;“structure” means any stable, shed, pigsty, kraal, aviary, paddock, covering structure, poultry house, enclosure. run, loft or building, used for the keeping, housing or enclosing of animals and poultry;“wild animal” means any live vertebrate or invertebrate animal (including the egg or spawn of any such animal) belonging to a non-domestic species and includes any such animal which is kept or has been born in captivity; and“working animal” means an animal that is trained to perform certain tasks for human benefit.
General provisions relating to animals
2. Restriction on number of animals
3. Regulation of breeding
4. Restriction on number of dogs
5. Permits to keep more dogs and cats than the prescribed number
6. Restriction on number of cats
7. Animals shall not be a source of danger
8. Animal fighting
is guilty of an offence.
10. Designation of public places as free-running, on leash or off-limits
11. Removal of excrement
12. Displaying or exhibiting of an animal for show or financial gain
13. Animals offered for sale
from exercising any business or economic activities relating to the keeping, selling or breeding of animals.
14. Control over animals
15. Control of working animals
16. Working equines
17. Seizure, impounding and destroying of working equines
18. The rescue of impounded working equines prohibited
19. Stray animals
such that it poses an immediate and substantial danger to the health and safety of other animals, or the general public.
20. Seizure and removal of an animal
General provisions relating to the keeping of animals
21. Welfare facilities for the care and accommodation of animals
22. Establishment of a pound and appointment of pound master
23. Animal keepers
26. Keeping of dogs and cats
27. Keeping of dangerous animals
28. Keeping of wild animals
29. Standards and requirements for keeping of animals on premises
30. General hygiene requirements for keeping of animals and poultry
32. Keeping and slaughtering of animals for religious, cultural, ceremonial and own consumption purposes
34. Keeping of bees
35. Offences and penalties
is guilty of an offence and liable to a fine or upon conviction to a period of imprisonment for a period not exceeding two years, or to both a fine and such imprisonment
36. Powers and functions of authorised officials
The City of Cape Town Animal By-Law, 2010 is hereby repealed.
40. Short title and commencement
This law is called the City of Cape Town Animal Keeping By-Law, 2021 and shall come into operation on the date of publication in the Provincial Gazette.