Cape Town
South Africa

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.]

To provide for measures for managing and protecting the interests of residents and animals, by exercising control over the numbers and kinds of animals that may be kept, as well as the conditions under which such animals may be kept, sheltered and cared for, and to provide for the prevention of possible nuisances, loss, damage or disease that could be caused through the keeping of such animals.

Preamble

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:

1. Definitions

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  farming, a farm shop, harvesting of natural resources, and agricultural industry;agricultural property” means land zoned for such purposes in terms of the  of Cape Town Municipal Planning By-law, 2015;animal” means any equine, cattle, pig, sheep, goat, camel, reptile, dog, cat, , ostrich, , rabbit, fish or other aquatic animal, rodents kept in , any other domesticated animal, indigenous animal and includes any , or exotic animal which is in  or under the control of any  in any way;animal drawn vehicle” means any cart or other type of vehicle which is physically attached to any  in any manner for the purposes of moving the cart or other type of vehicle;authorised official” means an employee of the  responsible for carrying out any duty or function or exercising any power in terms of this By-Law and includes employees delegated to carry out or exercise such duties, functions or powers;bees” means honey bees;bird” includes any wild bird, but does not include ;captivity” in relation to any  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  is unable to escape;carcass” means the remains of any  or  that died;cattery” means  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  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  of Cape Town;dangerous animal” means any  which poses a reasonable or potential threat to the safety of any  or property or which has attacked any  or  without provocation or which has damaged property;dwelling house” means a building containing only one , 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  who is mentally or physically incapacitated;health nuisance” means any activity, condition,  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:  Health or an  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 ;keeper” in relation to:(a)any  means the  or co- thereof or any other  in possession of the  or responsible for the feeding and caring thereof; and(b) or , means the  who operates the business or the  in charge of the  on which the business is operated;kennels” means  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  of similar size or larger;large dwelling house” means a  on an erf more than six hundred square meters;owner” in relation to an  includes any  having the possession, charge, custody or control of that ;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  in terms of this By-Law;person” includes any sphere of government, natural and juristic persons;pet” means any domestic or other  which may be lawfully kept;pet parlour” means a business, approved by the , 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 , approved by the , 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  whether domesticated or wild;poultry house” means any roofed-over building or  in which  is kept;poultry run” means an unroofed wire mesh or other enclosure in which  is kept, whether or not it is attached to a ;pound” means a place designated by the  in terms of any law for the impounding, sale and destruction of animals and includes the  of  welfare organisations recognised by the ;pound master” means a  who has been appointed by the  to be in charge of a ;premises(a)means a building, tent or any other , 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 ;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 ,but does not include public land that has been leased by the ;rabbit enclosure” means any roofed-over building or  in which rabbits are kept;stray animal” means any  not under direct control by a  or not prevented from roaming, or an  that has escaped or is lost;structure” means any stable, shed, pigsty, kraal, aviary, paddock, covering structure, , enclosure. run, loft or building, used for the keeping, housing or enclosing of animals and ;wild animal” means any live vertebrate or invertebrate  (including the egg or spawn of any such ) belonging to a non-domestic species and includes any such  which is kept or has been born in ; andworking animal” means an  that is trained to perform certain tasks for human benefit.

Chapter 1
General provisions relating to animals

2. Restriction on number of animals

(1)The  may determine the number of animals that may be kept on any .
(2)The number of animals determined in subsection (1) does not apply to any  who—
(a)is the lawful  or manager in charge of a ;
(b)is the  or manager in charge of  where animals are being kept or trained and such animals are kept or trained under auspices of a registered  association;
(c)is the  or manager of a veterinary clinic;
(d)is in charge of dogs, horses or equine owned by the Metropolitan Police Department of the , the South African Police Service or the South African Defence Force, and are kept for operational purposes; or
(e)operates a .

3. Regulation of breeding

(1)All dogs and cats (male and female) over six months of age must be sterilized, unless the  obtains a  from the  to keep the  unsterilized.
(2)An application to keep an unsterilized , must be in writing on a prescribed form, in accordance with relevant  Policies and Standard Operating Procedures and must be accompanied by the prescribed fee.
(3)An  may cause an  to be sterilized and the costs thereof may be recovered from the , should he or she deem it necessary—
(a)in the interests of the welfare of the ;
(b)to prevent ;
(c)when the  is stray;
(d)at the request of the ; and
(e)pursuant to the seizure and impoundment of the  or a contravention involving the .

4. Restriction on number of dogs

(1)The  may determine the number of dogs that may be kept on any .
(2)In the absence of a determination made in terms of the provisions of subsection (1) and subject to the provisions of subsections (3) and (4), no  may keep more than—
(a)two dogs, or allow more than two dogs, over the age of six months, to be kept in or at a ;
(b)three dogs, or allow more than three dogs, over the age of six months, to be kept in or at a ;
(c)four dogs, or allow more than four dogs, over the age of six months, to be kept in or at a ;
(d)six dogs, or allow more than six dogs, over the age of six months, to be kept on an ; or
(e)three dogs, or allow more than three dogs, over the age of six months, to be kept on at any other .
(3)Subsection (2) does not apply to any  who—
(a)is the holder of a  issued in terms of  to keep a greater number of dogs;
(b)is the holder of a  to keep ;
(c)is the  or manager or is in charge of, a  and who has written proof that all dogs under the control of such  or manager have been vaccinated against canine distemper, hepatitis, kennel cough and parvovirus;
(d)is the  or is in charge of  where guide dogs are being kept or trained and such guide dogs are kept or trained under auspices of the SA Guide Dogs Association;
(e)is the  or manager of a veterinary clinic;
(f)is in charge of dogs, and equine owned by the Metropolitan Police Department of the , the South African Police Service or the South African Defence Force, and are kept for operational purposes; or
(g)operates a .
(4) whose  to keep a dog has been cancelled or who has previously had a dog removed from his or her care or has a previous criminal conviction or civil judgment against him or her in respect of a dog in his or her care, may not keep a dog, unless the  determines otherwise.

5. Permits to keep more dogs and cats than the prescribed number

(1)Any  who wants to keep a greater number of dogs or cats on any  than the number permitted for that type of  in terms of section  and , must apply to the City for a permit.
(2)An application in terms of subsection (1) must be in writing on a prescribed form and must be accompanied by the prescribed fee.
(3)The  may require the applicant to provide any information which it considers relevant to enable it to make an informed decision.
(4)The  may refuse to consider an application in terms of subsection (1) in respect of which the provisions of subsection (2) have not been complied with or information contemplated in subsection (3), has not been furnished.
(5)The  may only consider an application in terms of subsection (1) after receipt of a written report from an 
(a)as to whether the dog or cat for which the  is required is likely to cause a   or the keeping of such dog or cat may result in a contravention of section  or ;
(b)setting out the results of an inspection of the  on which the dog or cat concerned is being kept or is to be kept; and
(c)as to whether to applicant has previously had a dog or cat removed from his or her care or has a previous criminal conviction or civil judgement against him or her in respect of an  in his or her care.
(6)The  may refuse an application in terms of subsection (1) or approve it subject to any conditions aimed at reducing the risk of any   created by the dogs or cats on the  concerned occurring, continuing or to reduce such risk to a level acceptable to the .
(7)In respect of any application approved in terms of subsection (6), an  must issue a  on a prescribed form specifying every condition imposed by the .
(8) is not transferable from one  to another or from the  in respect of which it has been issued, to other .

6. Restriction on number of cats

(1)The  may determine the number of cats that may be kept on any .
(2)In the absence of a determination made in terms of the provisions of subsection (1) and subject to the provisions of subsections (3) and (4), no  may keep more than—
(a)four cats, or allow more than four cats, over the age of six months to be kept in any ;
(b)six cats, or allow more than six cats, to be kept on an .
(3)Subsection (2) does not apply to any  who is the holder of a  issued in terms of .
(4) who has previously had a cat removed from his or her care or has a previous criminal conviction or civil judgement against him or her in respect of a cat in his or her care, may not keep a cat, unless the  determines otherwise.
(5)No  shall keep any cat which does not have on its collar or micro-chip, a name, telephone number and physical address or reference to a society for the prevention of cruelty to animals or registered  welfare organisation.

7. Animals shall not be a source of danger

(1)No  may urge, incite or provoke any  to attack, worry or frighten any  or  or through negligence fail to prevent any  from attacking, worrying or frightening any other  or .
(2)Any  who keeps an  on any  shall keep such  in such a manner as not to be a source of danger to  employees entering upon such  for the purpose of carrying out their duties.
(3)A notice to the effect that a  is being kept on such  shall be displayed in a conspicuous place at each access point to the .

8. Animal fighting

(1)Any  who—
(a)possesses, keeps, imports, buys, sells, trains, breeds or has under his or her control an  for the purpose of fighting any other ;
(b)baits, provokes or incites any  to attack another  or to proceed with the fighting of another ;
(c)for financial gain or as a form of amusement promotes  fights;
(d)allows any of the acts referred to in paragraph (a) and (c) to take place on any  place in his or her possession or under his or her charge or control;
(e)owns, uses or controls any  or  for the purpose, or partly for the purpose, of presenting  fights on such  or , or who acts or assists in the management of such  or , or who receives any consideration for the admission of any  to such  or ; or
(f)is present as a spectator at any  or  where any kind of the acts referred to in paragraph (b) to (e) is taking place or where preparations are being made for such acts,

is guilty of an offence.

(2)In any prosecution it is presumed, unless evidence is adduced to the contrary, that an  that is found at any  or  is the property of, or under the control of, the  of those  or that , or is the property of or under the control of the  who uses or is in control of the  or .

9. Fireworks

(1)No  may intentionally or negligently terrify, distress or harm any  with fireworks or by any other means.

10. Designation of public places as free-running, on leash or off-limits

(1)The  may designate public places, with appropriate signage, as areas where dogs are allowed to be free-running, on leash or off-limits and the designation may vary according to time of day and season.

11. Removal of excrement

(1)If any  defecates in any public street,  or public road, any  in control of such , excluding a  assisted by a , shall forthwith remove the excrement, place it in a plastic or paper bag or wrapper and dispose of it in a receptacle provided for the deposit of litter or refuse.
(2)No  shall walk an , other than a , in a public street,  or public road, without carrying a sufficient number of plastic or paper bags or wrappers, within which to place the excrement of the , in the event of the  defecating.

12. Displaying or exhibiting of an  for show or financial gain

(1)No  shall display or exhibit an  for show or financial gain in a public space or public road, unless such  is the holder of a  issued by the  or Cape Nature. This includes the use of an  for begging or fundraising purposes. In the event that the  receives an application from a  for the displaying or exhibiting of an  for show or financial gain they shall consult an  welfare Inspector authorised in terms of section 8(1) of the Animals Protection Act 71 of 1962 for comment and input.

13. Animals offered for sale

(1) or manager of  where animals are offered for sale shall keep proper records of vaccination and shall not leave such animals needs unattended overnight.
(2)Keeping, breeding, or selling any  within the scope of business or economic activities requires an authorisation from the .
(3)Subsection (2) shall include commercial companion  breeders.
(4)An application for authorisation must be submitted to the , and be granted before the business or economic activity commences. The application must include, as a minimum—
(a)details of the type of business or economic activity;
(b)the  responsible for the business or economic activity;
(c)address and details of the  or establishment;
(d)numbers, sexes, ages, breeds and species of animals or  kept;
(e)details of enclosures and dimensions, including photographs;
(f)details of employees and their relevant skills or expertise;
(g)name of veterinarian(s) and relevant expertise or post-graduate training;
(h)a full detailed explanation of how the welfare needs of the animals will be met; and
(i)proof of sufficient funds to provide adequately for the animals on an ongoing basis.
(5)The business or economic enterprise shall keep available for inspection by the  at reasonable times, evidence of the numbers, age, sexes, breeds and species of animals kept/bred; the number and names of employees, and proof of their relevant skills/training; and the care regime instituted to protect the welfare of the animals.
(6)The authorisation shall be limited to the approved location and any  or enterprise keeping or breeding animals within the scope of business or economic activity which changes its location shall notify the  of its new  in advance of the proposed move. The  may inspect the new  and re-issue or revoke the  as required.
(7)If the  has any doubts about the ability of the business or economic enterprise to meet the  welfare needs of the animals in its operations, it must deny authorisation, or revoke the same if already granted.
(8)The business or economic activity may not be exercised until authorisation has been granted.
(9)The  may, with immediate effect, close business  or offices to prevent those which are not covered by an authorisation from the  when—
(a)authorisation has not been granted; or
(b)authorisation has been revoked,

from exercising any business or economic activities relating to the keeping, selling or breeding of animals.

(10)Keepers or breeders of animals for business or economic activities may only be permitted to purchase or acquire animals from authorised breeders.
(11)Any , business or economic enterprise selling or transferring the ownership of an  to another  or enterprise shall provide the  or enterprise taking custody of the  with relevant information and advice on how to safeguard and protect the ’s welfare, health and well-being. This includes, but is not limited to—
(a)how to keep, care for, and handle such ;
(b)preventing unwanted breeding;
(c)the vaccinations and other health requirements recommended for the  offered for sale; and
(d)any requirements or restrictions on the keeping or breeding of such animals.
(12)Evidence of compliance with subsection (11) must be retained, and made available for inspection by an  on request and at all reasonable times.
(13)Keepers or breeders of animals for business or economic activities must ensure that any animals no longer suitable for the business or economic activity in question are rehomed or sent to a shelter or sanctuary wherever possible.
(14)Animals may not be presented or displayed inhumanely for sale in  shops or any other  of enterprises using animals within their scope of business or economic activities.
(15)The authorisation for business or economic activity involving the trade or sale of certain wild animals or wildlife products can be restricted or banned by the .
(16)Where trade is provided for by the National Environmental Management: Biodiversity Act: Regulations: Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations, 2010 (as amended), Animal Protection Act No. 71 of 1962 and the Provincial Nature Conservation Ordinance (No. 19 of 1974, as amended), guidelines or restrictions, must be applied by any person, business or economic enterprise selling or transferring the ownership of an animal to another person, business or economic enterprise.
(17)No  may sell or offer to sell an  without the ’s authorisation—
(a)in a street or ;
(b)in or from a movable  or vehicle;
(c)at public markets; and
(d)online or through social media platforms or outlets.
(18)It is prohibited to pass on, sell, offer for sale, transport or purchase any  for whom the continuation of life would be connected with irremediable pain, suffering, agony, torment or distress for any other purpose than for its immediate euthanasia. Anybody acquiring or purchasing such an  has to immediately euthanise, or ensure the immediate euthanasia of, the .
(19)It is furthermore prohibited to possess any , without reasonable cause, which is suffering irremediable pain, agony, torment, distress or disease.

14. Control over animals

(1) who keeps any  must ensure that it is kept under proper and effective control when it leaves the  where it is kept and that it does not endanger any  or property when it leaves the .
(2)The  may seize and impound any apparently ownerless or diseased or dangerous or vicious  found wandering or unattended on any public street or in any .
(3) who keeps an  may not pasture or allow the  to be pastured in or on any road reserve or any public property.
(4)The  may seize and impound any such  found in or on any road reserve or any public property, whether tended or not.
(5) may not, except for purposes of impounding any , drive or cause any  to be driven in any public street or upon any public road within the area of jurisdiction of the  without the prior written consent of the , which approval may be granted subject to conditions.

15. Control of working animals

(1)No  putting to work a  shall—
(a) the  to be in any  whilst being incapable of pulling an , suffering from injury or disease, or is otherwise unfit or unsuited to the intended work;
(b) the  to constitute a hazard to traffic using any public street or road;
(c) the  to constitute or be likely to constitute a source of danger or injury to any  or  using a public street;
(d) the  to be in any public street or  except when under their control;
(e)work any  which does not have on the name, telephone number and address of its ;
(f) any  to draw any vehicle, or use any harness which does not comply with the SABS standards and criteria which may be determined by the  from time to time;
(g)work any working equine without a valid E53 Operators Permit where the  is noted as Driver;
(h)be younger than eighteen years of age; or
(i)be under the influence of drugs or alcohol.

16. Working equines

(1)Any  who wants to put to work a working equine, must apply to the  for a , in respect of such working equine.
(2)An application in terms of subsection (1) must be in writing on a prescribed form and in accordance with relevant  Policies and Standard Operating Procedures.
(3)An application for a , must also—
(a)provide documentary evidence that the working equine is the foal of a working mare; and
(b)be accompanied by the prescribed fee.
(4)No more than one  may be issued in respect of a working equine.

17. Seizure, impounding and destroying of working equines

(1)An  may seize, impound or destroy at a place appointed by the  any working equine which—
(a)may be destroyed on the advice of a veterinary surgeon or in terms of the provisions of any law;
(b)in his or her opinion is incapable to continue to pull an ;
(c)in his or her opinion constitutes a hazard to traffic using any public street;
(d)is at large or apparently without an ; or
(e)is found in any  where such a working equine is, in the opinion of the , not under proper control.

18. The rescue of impounded working equines prohibited

(1)No  shall, by threats of violence or otherwise, rescue or attempt to rescue from the  or persons in charge thereof any working equine being lawfully brought to the , or shall rescue or attempt to rescue any working equine after such working equine has been lawfully impounded by an .

19. Stray animals

(1) who rescues or comes into possession of a  shall report the date and time of the rescue and a description of the  to the  within twenty-four hours.
(2)An  may—
(a)seize any  found on any  or public road and which is—
(i)not under the supervision or control of any ; and
(ii)causes or poses a ; and
(b)impound or cause to be impounded any such  at a  or other facility designated by the  for such purposes.
(3)The  may sell any  impounded in terms of subsection 1(b), provided that—
(a)a period of no less than 10 days has lapsed from the time of impoundment;
(b)in the case of large animals, it shall be no less than 30 days has lapsed from the time of impoundment; and
(c)the  has taken all reasonable steps to notify the  of the  of the impoundment.
(4)Any  impounded in terms of subsection 1(b) may be destroyed, where such  is—
(a)carrying an infectious or contagious disease; or
(b)ferocious, vicious or dangerous,

such that it poses an immediate and substantial danger to the health and safety of other animals, or the general public.

(5)The destruction of any  in terms of this By-law must be carried out with such precautions and in such a manner so as to inflict as little suffering as possible.
(6)The  who claims the  seized must pay to the  the reasonable costs of the  for the seizure and removal of the , plus the reasonable costs of the organisation for accommodating the , before the  may be released to the .

20. Seizure and removal of an 

(1)The  must remove any  seized or impounded in accordance with the provisions of subsection (2) if so ordered by a court in accordance with this By-law to a place designated by the  where the  can be accommodated.
(2)Any  seized and impounded in terms of this By-law, must be kept at the place designated by the  for at least 10 days to enable the  or  in charge of the  to claim it.
(3)In the case of large animals, at least 30 days to enable the  or  in charge of the  to claim it.
(4)If the  or  in charge has not claimed the  within the periods set out in subsection (2) and 3 above, the  may sell or donate it and retain and apply the proceeds of the sale, if any, for its own benefit, or it may otherwise dispose of the .
(5)The  who claims the  seized must pay to the  the reasonable costs of the  for the seizure and removal of the , plus the reasonable costs of the organisation for accommodating the , before the  may be released to the .
(6)If an  seized and impounded in terms of this By-law and, where applicable, is so diseased or injured or in such a poor physical condition that it would be cruel or that it would bring unnecessary suffering to the  to keep it alive and that it ought therefore to be destroyed without unreasonable delay, the  may summon a veterinarian to examine the  and if, after such examination, the veterinarian certifies that the  is so diseased or injured or in such a poor physical condition that it would be cruel or that it would bring unnecessary suffering to the  to keep it alive and that it ought therefore to be destroyed, the  may instruct a veterinarian to immediately destroy the  or cause it to be destroyed in such a manner so as to inflict as little suffering as possible.
(7)The  may recover the reasonable veterinary costs and other costs in carrying out the provisions of subsection (5) from the  or the  in charge of keeping the  in question.
(8)A dog or cat which has been seized or removed in terms of this by-law or the provisions of any other law which is found by the 
(a)to be suffering from any incurable, infectious or contagious disease, or be badly injured: or
(b)to be ferocious, vicious or dangerous, may be destroyed forthwith – the destruction of any dog or cat shall be by such painless method as may be approved by a registered veterinarian and shall take place under the supervision of an .

Chapter 2
General provisions relating to the keeping of animals

21. Welfare facilities for the care and accommodation of animals

(1)All entities purporting to be  welfare organisations must be registered not-for-profit entities whose main mission and objectives is the reduction of  suffering and improvements in  welfare.
(2)All  welfare organisations other than a statutory organisation which also functions as rescue and shelter organisations must apply for a  from the , which  must be issued prior to the commencement of operations.
(3)Such  may only be granted if the applicant—
(a)has appropriate dedicated facilities in terms of relevant  by-laws; and
(b)will employ at least one professional, qualified and registered welfare expert to be continuously involved in the management of the organisation or enterprise.

22. Establishment of a  and appointment of 

(1)The  may establish a  and any places for safe-keeping of animals within the area of jurisdiction of the .
(2)The  may enter into a service delivery agreement with a statutory organisation, an  welfare organisation or a  to operate such a .
(3)The  may close any  under its control.
(4)The  may, in terms of the relevant policies, appoint a competent and suitably skilled  as .
(5)The  may, in terms of a service delivery agreement, appoint a competent and suitably skilled service provider as .

23. Animal keepers

(1)All persons are capable of keeping animals, other than—
(a)where previously banned from doing so;
(b)where unable to provide basic species specific care;
(c)minors under 14, who may not keep animals without consent of guardians; and
(d)where the appropriate permits from the relevant conservation authorities were not obtained for the keeping of such an .
(2)Any  giving an  into the care of an   must ensure that the  meets these minimum criteria.

24. Nuisance

(1)No  may keep any  that creates a , whether the  or  emanates from odour, sound or noise made by the , or from any other source relating to the  and whether the  or  emanates from the  itself or from the manner in which, or the conditions under which, the  is kept or from the escaping or wandering of the , as the case may be.
(2)The  may consult with the relevant street committee or neighbourhood watch of the area to resolve the matter with the  of the  causing the .
(3)If the  reasonably believes that an  poses or creates a , the  may—
(a)in writing order the  or  in charge of the  to abate the  within a reasonable time and setting out the measures to be taken; or
(b)where possible and, if necessary, remove the  concerned.
(4)If a  as contemplated in subsection (3) is found guilty of a second contravention in terms of subsection (3) in respect of the same , the Court may, in addition to imposing a sentence in accordance with the provisions of this by-law, order that the  be seized and removed by the  to a place designated by the  as contemplated in this by-law.
(5)If the  reasonably believes that any stable, enclosure or other building or  where an  is kept causes or is likely to cause a , be it due to its construction or state of disrepair or lack of cleanliness or for any other reason, the  may in writing order the  or the  in charge of the  upon which the stable, enclosure, building or  concerned is situated, to execute and perform such work as required to abate the , as the case may be, as specified in the notice, within a reasonable time.
(6)If the  as contemplated in subsection (5) has not abated after expiry of the period concerned, or the  or  in charge of the  has not executed and performed the work required in the notice to the satisfaction of the , the  or  in charge of the  is guilty of an offence.

25. Permits

(1)Any  that wants to undertake an activity or for the keeping of animals listed in this By-law, and for which a  is required, must apply to the  in writing prior to undertaking the relevant activity.
(2)The  may charge the applicant a prescribed fee for considering and for granting a .
(3)The  may refuse to consider an application for a  until the prescribed fee has been paid and until it has been provided with the information that it reasonably requires to make an informed decision.
(4)The  may, after consideration of a report and recommendation of an  or veterinary surgeon, by written notice to the holder of a , amend, suspend or cancel the 
(a)if it is satisfied that failure to do so would result in—
(i)the creation or continuation of a  in a ; or
(ii)a continued contravention of any provision of this by-law;
(b)with immediate effect, if an  reasonably believes that it is urgently necessary to do so to eliminate or reduce a significant risk to  posed by a ; or
(c)after expiry of the period stipulated in a notice affording the holder of a  a reasonable opportunity to comply with the notice and the holder of the  failed to comply with the notice.
(5)The  may amend, suspend or cancel a  by written notice to the holder, if the  reasonably believes that it is necessary to do so to protect  or to take account of changed circumstances since the  was issued.

26. Keeping of dogs and cats

(1) who keeps a dog or cat that is older than six months must apply to the  for a  in respect of every dog or cat.
(2)The application must be accompanied by the prescribed  fee as set out in the ’s tariff of charges, as well as a valid rabies inoculation certificate held in respect of the dog or cat concerned.

27. Keeping of dangerous animals

(1) who keeps a  must—
(a)keep it in an adequate enclosure;
(b)display adequate signage indicating the presence of a ; and
(c)take reasonable measures to ensure that the 
(i)does not escape from the  where it is kept; or
(ii)does not pose a danger, or cause harm, to a , other  or property.

28. Keeping of wild animals

(1)No  may keep any wild animals on residential  without prior approval of the relevant nature conservation authorities and or without a  by the relevant local authority authorizing the keeping of such animals on the .
(2)No  may deliberately or negligently feed any  that is not in , with the exclusion of  feeders.
(3)No  may  a  to access domestic waste.

29. Standards and requirements for keeping of animals on 

(1)Premises used in connection with the keeping of animals and  must be operated under a  issued in terms of this By-Law, except  used for the keeping of animals and  on property zoned for , where the primary use of the land is for farming with animals and .
(2)No  may keep, breed or operate the following animals on any residential  without applying to the  for a 
(a)keep cattle, horses, mules, donkeys or any  of similar or bigger size;
(b)keep goats or sheep or any  of similar or smaller size;
(c)any , excluding 5 chicken hens;
(d)keep more than 5 birds;
(e)keep or breed any rabbits; and
(f)operate a kennel or .
(3)No  shall keep any varieties of rock dove or feral pigeons of the species Columba livia on any residential , unless under a valid  issued in terms of this By-Law and proof of Pigeon Racing Club or Show Pigeon Club Membership.
(4)Applications to keep any varieties of rock dove or feral pigeons of the species Columba livia on any residential  must be in writing in the prescribed format and may be considered and resolved by the  after consideration of substantiated comments received from abutting and affected neighbours and proof of Club Membership.
(5)No  may keep any pigs on any residential  in the .
(6)No  may keep any roosters on any residential  in the .

30. General hygiene requirements for keeping of animals and 

(1)The  and any equipment, apparatus, container or receptacle used in connection with keeping of animals, shall be maintained in a clean and sanitary condition and in good repair.
(2)Portable storage receptacles of an impervious material and with close fitting lids must be provided for storage of manure and  waste.
(3)Potable drinking water supply must be provided and situated next to or in every stable or any enclosure used to accommodate animals, including .
(4)Manure storage receptacles shall be kept on a platform that enables the surface underneath the receptacle to be cleaned.
(5)Manure from an enclosure must be removed at least once every three (3) days and placed in the manure storage receptacles.
(6)The contents of the manure storage receptacles must be removed from the  at least once every seven days and disposed of in a way that will not create a  . The disposal of manure does not include composting on the .
(7)All feed must be stored in a rodent-proof storeroom and all loose feed in rodent-proof receptacles with close fitting lids in the storeroom.
(8)Adequate measures must be taken to keep the  free of pests and to prevent offensive odours arising from the keeping of such animals.
(9)All  bedding must be removed from the stables/enclosures at least once a week and shall be stored in the manure receptacles or manure container or area until it is removed from the  and suitably disposed of.
(10)Adequate washing facilities shall be provided for the cleaning of all structures housing animals and .
(11)If the amount of manure generated on the  is of large quantities, it may be required that a manure storage area be provided for storage of manure prior to removal.
(12)The manure storage area, if needed, shall have a roofed platform constructed of concrete or other impervious material and the platform shall be graded and drained.
(13)Any  that dies from any  shall be removed from the said  within 24 hours of its death, to prevent a  or  from occurring.
(14)Where the  are provided with an  mortuary, carcasses must be kept in the cold storage facilities until they are removed from the .
(15)Disposal of dead animals shall be conducted in an acceptable manner and in compliance to the relevant  by-laws.
(16)Subsections (14) and (15) do not apply to similar facilities provided for in terms of the Meat Safety Act No. 40 of 2000, registered veterinarian facilities or pounds.

31. Standards and requirements for  parlours,  shops,  day care facilities and  hotels

(1)No  shall operate a  day care facility or  hotel on any , unless under a valid  issued in terms of this By-Law.
(2)Applications to operate a  day care facility or  hotel must be made in writing in the prescribed format and may be considered and resolved by the  after consideration of substantiated comments received from abutting and affected neighbours.
(3)Pet parlours,  shops,  day care facilities and  hotels must comply with the environmental health standards as set out in the relevant by-laws, policies and any conditions that the  may attach to their permits.

32. Keeping and slaughtering of animals for religious, cultural, ceremonial and own consumption purposes

(1)Subject to subsection (2), no  may:
(a)slaughter any  at any place other than at a registered abattoir;
(b) the slaughter of any  at any place under their control unless that place is a registered abattoir; or
(c)sell or provide meat for human consumption and  consumption unless it has been slaughtered at an abattoir.
(2)Subsection 1 does not apply to a slaughter for religious, cultural, ceremonial and own consumption purposes, in terms of the Meat Safety Act, 40 of 2000.
(3)No meat or  product obtained from an  slaughtered as contemplated in subsections 1 may be sold to any .
(4)In the case of religious and cultural slaughtering, an application must be made in writing, fourteen (14) days prior to the event.
(5)The slaughtering of the  must be conducted in a position as to not allow observation by any  on neighbouring  or any member of the public.
(6)The meat from the slaughtered  may only be used for religious, cultural, ceremonial and own consumption purposes and may not be sold to any .
(7)The meat must be handled in a hygienic manner at all times.
(8)Blood and other waste products from the  must be disposed of in a manner which will not become a  .
(9)The  to be slaughtered must not be kept on the  for a period in excess of twelve (12) hours, prior to slaughtering.
(10)Measures must be taken to ensure that no  is created or exists on the  as a result of the slaughtering.
(11)The services of an  or any  deemed as a meat inspector in terms of the Meat Safety Act, 2000 (Act No. 40 of 2000), may be requested for conducting a post-mortem examination of the slaughtered animal at a cost determined by the City.
(12)Animals selected for slaughter, in terms of the Red Meat Regulations promulgated in terms of the Meat Safety Act, 2000 (Act No. 40 of 2000), must be in a healthy condition.
(13)Persons intending to keep animals for slaughter shall:
(a)Keep the  off feed for twelve (12) hours, but provide access to water.
(b)Ensure that the legs of the  are not bound.
(c)Not run or excite the  prior to slaughtering because this may cause poor bleeding and give the  a bloody appearance.
(d)Minimise pain and suffering as per the Meat Safety Act, 2000 (Act No. 40 of 2000).
(e)Provide written proof of notification to abutting neighbours which must be submitted with the application in residential areas only; and
(f)Ensure all areas are kept free of  waste.
(14)Standard consent form must be completed by applicant.
(15)Number of animals and duration of event must be indicated by the applicant.
(16)No noise  shall occur prior to and during the slaughtering process.
(17)All waste products to be disposed on in a manner approved by the Director:  Health.

33. Drainage

(1) who keeps animals must ensure that all sinks, wash hand basins, baths, shower-baths, troughs, floor surfaces, channels and washing platforms required to be drained in terms of these by-laws are drained in accordance with the provisions of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977).

Chapter 3
Bee keeping

34. Keeping of 

(1)No  may keep  in a residential area or public open space without the permission of the .
(2)The  may set standards and requirements applicable to bee keeping.
(3)No  may keep  within the  without registration with a registered bee keepers’ association or the National Department responsible for agriculture.
(4)Proof of registration must be submitted to the  in the prescribed manner within 30 days of receipt.
(5)The  may establish and maintain a bee keeping database and inspect bee keeping  in accordance with relevant by-laws,  policies and Standard Operating Procedures.
(6)Bee keeping may not cause a  or .

Chapter 4
Enforcement

35. Offences and penalties

(1)Any  who—
(a)contravenes or fails to comply with any provision of this By-law or disobeys any instruction or written compliance notice by an  enforcing this By-law;
(b)obstructs or hinders any  in the execution of any power or the performance of any duty or function in terms of any provision of this By-law; or
(c)furnishes false, incorrect or misleading information when applying for permission from the  in terms of a provision of this by-law;

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

(1)An authorised official may, for the purposes of enforcing this By-Law—
(a)instruct a person who is in contravention to—
(i)stop the conduct prohibited under the By-Law;
(ii)remove any obstruction to the safe or free passage of a pedestrian or motor vehicle;
(iii)leave and remain out of a specified public place;
(b)issue a written compliance notice on a person contravening the By-Law, which notice must include the following—
(i)describe the conduct constituting a contravention of the By-Law;
(ii)indicate the section of the By-Law contravened;
(iii)specify the steps to be taken to comply with the notice;
(iv)(iv) specify the time periods within which the steps have to be taken;
(v)state that the failure to comply with the compliance notice constitutes an offence in addition to the contravention of the section contemplated in sub-paragraph (ii); and
(vi)state that, in the event of non-compliance, that person will be liable for a fine for both the contravention and for not complying with the compliance notice and state the amount of the fine;
(c)issue a notice in terms of sections 56 or 341 of the Criminal Procedure Act, 51 of 1977 if—
(i)a person contravenes a provision of the By-Law; or
(ii)a person fails or refuses to comply with a direction in terms of paragraph (a) or a compliance notice in terms of paragraph (b);
(d)without a search warrant search any person, vehicle, or structure for the purpose of seizing any article which is, or is on reasonable grounds believed to be, concerned with the commission of an offence in terms of this By-law if—
(i)the person consents to the search;
(ii)the person does not consent, the official, on reasonable grounds believes—
(aa)that a search warrant will be issued under paragraph (a) of section 21 (1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) if application is made for a warrant; and
(bb)that the delay in obtaining a warrant would defeat the object of the search; or
(iii)in terms of section 23 of the Criminal Procedure Act, 1977 (Act 51 of 1977);
(e)arrest a person, who commits an offence in terms of the By-Law, in terms of section 40(1) (a) to (f), (h) and (j) of the Criminal Procedure Act, 51 of 1977 and, if necessary, search the person arrested in terms of section 23 of that Act;
(f)impound, in accordance with the City’s Standard Operating Procedure on the Impoundment of Goods and Animals, 2012, any personal items of persons arrested in accordance with this By-law;
(g)require any person to furnish their name and address and other particulars that are required for identification or for any process if the authorised official reasonably suspects this person of having committed an offence in terms of this By-law or, if in the opinion of the authorised official, that person is able to give evidence in regard to the commission of any such offence;
(h)conduct an inspection in relation to any premises or business—
(i)to determine whether the provisions of this By-Law are being complied with;
(ii)where there are reasonable grounds for believing that a provision of this By-law has been contravened;
(iii)inspect the premises or any vehicle that is used or that they reasonably suspect is being used for the business and anything on the premises or anything in the vehicle; and
(iv)question any person on the premises or in the vehicle or any person who has recently been on the premises or in the vehicle; and
(i)enter any premises or business at all reasonable times, where there has been an allegation that a provision of this By-law has been contravened.
(2)Should the person on whom a written compliance notice was issued in terms of subsection (1) fail to comply, or inadequately comply, with the written compliance notice, the City may—
(a)take measures that the City considers appropriate to remedy the situation or may authorise another person to take such measures; and
(b)recover costs in terms of its Credit Control and Debt Collection Policy and the Credit Control and Debt Collection By-law 2006 or similar legislation or policy, for the measures to be undertaken and all costs incurred as a result of acting under this By-law, from any or all of the persons on whom the written compliance notice was issued.
(3)In exercising any power under this section every authorised official must—
(a)exercise their powers reasonably with due regard to every person’s fundamental rights under Chapter 2 of the Constitution;
(b)ensure if force is required under the circumstances, the level of force is justifiable and proportional; and
(c)in the absence of an authorised official contemplated in subsection (4), take steps to prevent any other authorised official from exercising powers in contravention of paragraphs (a) and (b).
(4)The authorised official in charge must exercise their duty of care by intervening and taking the necessary steps to curtail any unreasonable exercise of powers or disproportionate use of force by any official under their command.

37. Indemnity

(1)Neither the  nor any  is liable for any damages in respect of anything lawfully done or omitted in the reasonable exercising of any power or carrying out any function in terms of this By-law.

38. Appeal

(1) whose rights are affected by a decision taken in terms of this By-law may appeal against that decision by giving written notice of, and reasons for, the appeal in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) to the  Manager within 21 days of the notification of the decision.
(2)Any  making a decision in terms of this By-law must inform any  affected by the decision of that ’s right to appeal in terms of subsection (1).

Chapter 5
Miscellaneous

39. Repeal

The  of Cape Town Animal By-Law, 2010 is hereby repealed.

40. Short title and commencement

This law is called the  of Cape Town Animal Keeping By-Law, 2021 and shall come into operation on the date of publication in the Provincial Gazette.

Source: https://openbylaws.org.za/za-cpt/act/by-law/2021/animal-keeping/eng/