How do the new municipal bylaws affect you and your pets?
Pet owners may soon find themselves on the wrong side of the law within certain municipal districts.
Pets in Jozie
The City of Johannesburg’s new by-laws relating to dogs and cats came into effect on 1 January 2010. Council says that the new laws will assist them in dealing with people who keep animals in less than ideal conditions.
Nicky van Niekerk, Deputy Director of Environmental Health for the City, says that Environmental Health Practitioners and the Johannesburg Metro Police Department (JMPD) will enforce the by-laws. “Inspections will not be done from residence to residence but we will mainly respond to complaints from the public with regard to disturbance and unhygienic conditions,” said van Niekerk. “Offenders will not be fined outright but will be issued with a notice to comply and only thereafter will legal proceedings follow.”
Derek du Toit, a strategic and management consultant and animal rights activist, says that permits for cats are unconstitutional because no provision is made for in the Constitution of the Republic of South Africa. The Constitution does provide for the licensing of dogs but not for the licensing of a property on which animals are kept.
He also questions how the restrictive numbers of animals per property were arrived at. “They are arbitrary because the nature of one’s accommodation is no indication whatsoever of one’s ability, both in respect of willingness and finances, to see to one’s animals’ needs,” he said. “Surely other factors such as financial resources, provision of shelter and space for the animals to enjoy a natural life should have been included?”
The capacity limitations on the number of dogs also do not cater for differences in breed sizes with regards to space, time and money. “Quite ludicrous when one considers that this equates Great Danes with Pekingese,” said du Toit.
Vivienne Tothill adds that the by-laws effectively put a death sentence on all future generations of puppies and kittens as owners are expected not to replace ‘extra’ pets (i.e. those allowed with permits) if theirs pass away. “If one animal should die due to old age, owners should be allowed the right to replace that animal, thus easing the burden on the welfare organisations that cannot cope with unwanted animals due to bad backyard breeders,” said Tothill.
Animal rights and welfare groups are hoping to engage the City in further dialogue on these by-laws. A copy of the new animal by-laws can be downloaded at http://www.joburg.org.za
What’s happening in other cities?
We asked other municipalities in the main centres for a ‘nuts and bolts’ outline of their by-laws. This in no way gives a full account of the law in these areas. Please contact your local municipality for a copy of the animal by-laws.
The City of Tshwane Metropolitan Municipality (Pretoria)
Certain requirements and restrictions are placed on the running kennels and catteries in the city. The Heath Inspector may conduct routine checks to establish if the by-laws are being complied with. Dogs and cats are restricted to three per residential property and no licenses or permit fees are charged.
The City of Cape Town
At the time of writing, we were told that new by-laws should be in effect from around the end of July 2010. They are a relaxation on the old by-law which states only two dogs per property. With the new laws you can have two dogs in a flat or townhouse, three dogs in a small residential home, four dogs in a large home or six dogs on an agricultural property. Cats are restricted to four per property. Pet owners must apply to the City if they have more animals. Council will not unreasonably turn down an application and you can keep the extra animals until they pass way. All animals must have some form of identification – a collar with contact details or a microchip. Breeders need a permit to operate kennels or catteries and must comply with various health standard outlined in the law. All dogs and cats must be sterilised unless owners have applied to Council to keep unsterilised animals. Council says that the new by-law will be reviewed within six to 12 months after implementation.
Nelson Mandela Bay Municipality (Port Elizabeth)
Animal by-laws do make certain provisions for the keeping of dogs and cats, however, there is no permit system currently in place and sources say no changes are in the pipeline.
eThekweni Municipality (Durban)
By-laws make provision for the number of dogs per square metre of property and no more than one unsprayed bitch without consent in writing from the appointed officer. To keep a dog older than one in year in a flat, you must have permission from the building’s owner/body corporate. There are no restrictions as to the number of cats per premises. Area-specific by-laws (urban, peri-urban and rural) are currently in still place and the City is re-looking the licensing system for dogs and cats.
Hark, hark, stop that bark
A neighbour’s barking dog in the middle of the night can be quite annoying when you’re trying desperately to get some shut-eye. And… if you really hate that neighbour what better way to get back at him than to report the dog as a public nuisance? It’s exactly this type of neighbourhood feuding (which often result in lengthy court proceedings) that the City of Cape Town hopes to curb with their new barking by-laws.
On a daily basis the call centre is inundated with calls about barking dogs and it’s costing the City about R50 000 per month. This controversial new by-law, modelled on international guidelines, states that dog owners many not: “keep any dog which barks for more than six minutes in any hour or more than three minutes in any half hour” or “keep any dog which – by barking, yelping, howling or whining causes a disturbance or nuisance to inhabitants of the neighbourhood.” (Animal By-Law 2009, Chapter Two: Dogs, Section 5).
The by-law gives City officers a barometer on which to ‘measure’ the complaint against and gauge its validity. Officials can order dog owners to take steps to stop nuisance barking and keep it under control and fines can now also be issued.
Even if you don’t live in the Cape Town city limits, you’ll probably have to pay better attention to your dog’s barking habits. According to the new City of Johannesburg by-laws: “No person may keep a dog: which barks, whimpers or howls to such an extent that it, or has another habit, which causes a disturbance or nuisance to inhabitants of the neighbourhood.” (By-laws Relating to Dogs and Cats. Chapter Two: Control of Dogs, Section 5).
Neighbours can report any incessant barking to their municipality’s call centre or Metro Police. In most cases, warnings will first be issued before legal action is initiated.
Dog owners are urged to check up on the laws within their own municipal districts.
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