This By-law was repealed on 2012-03-23 by Impoundment of Animals.
Hessequa
South Africa
South Africa
Impoundment of Animals By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 19 December 2008 and includes any amendments published up to 9 June 2023.]
- [Repealed by Impoundment of Animals on 23 March 2012]
1. Definitions
In these bylaws, unless inconsistent with the context –“animal” includes a horse, bovine, donkey, sheep, goat, pig, ostrich, dog, cat or the hybrid of any such animal, and "animals" will have a corresponding meaning;“Court” means a Magistrate’s Court as referred to in section 166(d) of the Constitution, 1996, having jurisdiction in the area in which the pound is situated;“Gazette” means the official Provincial Gazette of the Province of the Western Cape;“municipality” means the Hessequa Municipality established in terms of section 155(6) of the Constitution, 1996, and established by and under sections 11 and 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);“owner” includes an owner who is known, or whose identity, with the exercise of reasonable diligence, can be ascertained, and in relation to any –(a)animal, includes the agent of the owner or other person having the lawful custody or possession of such animal; or(b)land, includes the owner, lessee or lawful occupier of such land or his or her agent;“pound” means a pound established as contemplated in section 3;"pound keeper" means the person appointed from time to time as contemplated in section 4 and includes any person acting for or on behalf of the appointed pound keeper;"public place" means any place to which the public has access including, without limiting the generality of the aforegoing any –(a)square;(b)park;(c)recreation ground;(d)sports ground;(e)open space;(f)beach;(g)shopping centre on municipal land;(h)unused or vacant municipal land; or(i)cemetery;"public road" means a public road as contemplated in section 1 of the Road Traffic Act, 1996 (Act No. 93 of 1996); and"service delivery agreement" means a service delivery agreement as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).2. Application
This by-law apply to the area of jurisdiction of the Municipality, provided that nothing prevents any animal detained in terms of this by-law from being impounded in a pound or any similar facility established by any other municipality, or other lawful authority.3. Establishment of pound
4. Appointment of pound keeper
The Municipality must, in terms of its human resource policy, appoint a suitably skilled and experienced person as a pound keeper, unless the pound is established and operated in terms of a service level agreement contemplated in section 3(a).5. Trespassing or straying animals may be impounded
6. Animals too vicious, injured, intractable or wild to be impounded
If a Veterinarian or official contemplated in section 5(2)(a) to (d) is satisfied that an animal found trespassing on any land, or straying untended upon any public road or public place, is too dangerously vicious, injured, intractable or wild to be impounded, he or she may authorise the humane destruction or other disposal of the animal, after giving written reasons and written notice thereof to the owner of the animal.7. Release of animals before removal to pound
8. Care of trespassing animals
A person may not work, use or ill-treat an animal found trespassing on any land or whilst it is in the process of being removed to a pound.9. Pound to which animals must be taken
An animal seized for the purposes of impounding as contemplated in section 5, must be removed to the nearest accessible pound, by the shortest practical route, and within the shortest practical time: Provided that animals of different species must be separated at all times according to their species.10. Information to be supplied to pound keeper
A person sending animals to the pound must advise the pound keeper in writing of –11. Acceptance at pound of animals to be impounded
The pound keeper may not refuse to accept an animal for impounding.12. Pound register
13. Notice to owners of animals
The owner of an animal contemplated in sections 5(1), 6, 14(2)(b), 15(1)(c), 17(b), 21(1)(b), and 23(a), must be notified by –14. Care of impounded animals
15. Isolation of infected animals
16. Treatment of impounded animals
The pound keeper –17. Death of or injury to impounded animals
If an impounded animal is injured or dies, the pound keeper must –18. Copies of by-law
The pound keeper must ensure that copies of this by-laws in are available at the pound for inspection.19. Fees and costs payable
The pound keeper must –20. Release of impounded animals
21. Sale of impounded animals
22. Pound keeper may not purchase impounded animals
The pound keeper, or a family member, or a close associate of the pound keeper, or any municipal employee, may not purchase an animal offered for sale at a pound sale, either personally or through any other person, directly or indirectly.23. Animals unsuccessfully offered for sale
In the event that any animal is not sold as contemplated in section 21 –24. Proceeds
All proceeds from the collection of fees and costs contemplated in section 19 must be paid into the municipal revenue fund, provided that in the event that any impounded animal is sold at a price in excess of –25. Action for recovery of damages
Nothing in this by-law prevents the owner of land or any other person from instituting action against the owner of a trespassing animal, in any court with jurisdiction, for the recovery of damages suffered by reason of such trespassing animal.26. Procedure to be followed in application to Court
An application to Court for –27. Indemnity
The Municipality, pound keeper and any officer, employee, or agent of the Municipality will not be liable for the death of or injury to any animal arising as a result of its detention, impounding or release, or arising during its impoundment.28. Offences and penalties
A person who –29. Schedules 1 and 2 form part of this by-law
Schedules 1 and 2 to this by-law form part of this by-law for all purposes.30. Repeal of existing By-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.31. Short title and commencement
This by-law will be called the By-law relating to Impoundment of Animals and it will come into effect upon publication in the Provincial Gazette.Cited documents 5
Legislation 5
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Magistrates' Courts Act, 1944 | 2746 citations |
3. | National Road Traffic Act, 1996 | 1679 citations |
4. | Constitution of the Republic of South Africa, 1996 | 585 citations |
5. | Rules Board for Courts of Law Act, 1985 | 178 citations |