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A second version of the draft animal bylaw for the City of Cape Town which contains provisions relating to domestic dogs & cats has been released. The period for public comment is now over, but you can read the FDW comment that was sent in to council, at the end the following summary of the bylaw...
Summary of items of particular interest to dog owners: The city has kept a residual power to determine the number of dogs that may be kept on any premises. In the absence of any such determination the number of dogs over six months that may be kept
Permits to keep more than the prescribed number can be applied for. First requirement is a written report from an authorised official who has inspected the premises. Permits are attached to a particular person and particular premises and may not be transferred. For the first six months after promulgation of the bylaw, applications to keep a greater than allowable number of dogs will be granted up to a maximum of six on any premises subject to the owner not replacing any dog that dies or is disposed of.
Registration of dogs (ie licensing). This is a new introduction. Must be done within three months of dog's birth or within 30 days of acquisition. The amount of the fee will be determined and there may be a reduced fee for sterilized dogs. Prohibitions:
The following will come into force six months after promulgation of the bylaw -
Also provisions prohibiting harassing dogs, fireworks, organised dog fighting. Dog pounds: Includes provision for sale or destruction after 10 days. Confinement: Premises where dogs are kept must be adequately fenced unless dogs confined in some other manner. Council employees: Dogs must not be a source of danger to council employees entering to carry out their duties. A notice to the effect that a dog is kept on premises must be adequately displayed. Removal of excrement: Except for dogs assisting blind persons - must be removed, placed in a container and disposed of in a receptacle provided for disposal of litter or refuse. Persons walking dogs in a public place must carry sufficient plastic or paper bags. Sterilisation: may be undertaken by an authorised official who deems it necessary. Dogs (includes bitches) must be sterilised unless kept in permitted kennels or registered with certain dog breeders associations. Does not include dogs owned prior to date of promulgation of the bylaw. Contraventions of the bylaw. Penalties are a fine or imprisonment for not more than two years. Ordering the destruction of the animal concerned.
Friends of the Dog Walkers have sent our comments to the council, see below
Attention Senior Inspector Peter Lottering
Animal Bylaw. Second draft. 2009 Comments from Friends of the Dog Walkers Broadly speaking we feel that some provisions of this proposed bylaw particularise too much by imposing too many detailed restrictions. It should be confined to legitimate and socially desirable aims of preventing and penalising cruelty to animals together with matters relating to broad principles of public health and nuisance to surrounding neighbours. It is disappointing that a number of concerns raised by ourselves over the first draft have not been addressed in this second version.
Section 2.
Section 5.
At the initial meeting of the working group to discuss the first draft animal bylaw the late Ivan Toms wisely suggested that provisions for the control of nuisance-related behaviour of dogs should be left to the general laws governing nuisance. In fact this section, which by subsection (f) "prohibits the keeping of any dog which by barking, yelping, howling or whining… causes a disturbance to the inhabitants of the neighbourhood" adequately covers the problem of excessive barking. Moreover, noise disturbance by dogs, or for that matter from any source, depends to some extent on the level of tolerance of the neighbours and account should be taken of the general noise level of the area. Our suburbs are noisy places, there is amplified sound from radios and TV, garden machinery, children in swimming pools, etc. Why pick on noise from barking dogs in isolation? Excessive barking should certainly be dealt with and it could even require intervention from anti-cruelty organisations. Setting a specific time limit on the barking is a clumsy attempt to introduce an objective measure and offers an opportunity to the vindictive or neurotic neighbour. There ought to be a requirement that a complaint be lodged by at least two neighbouring householders in place of a specified period of barking where subsection (f) is contravened. Section 5(g)(vi) …" the council may designate public places…..as free running..areas..." Section 7. Seizure, impounding and destruction of dogs. We consider that the time period of not less than ten days for disposal or destruction of a dog is too short. The dog may have been stolen and subsequently escaped or the owner might be away and have left the dog in the care of a domestic or other carer. Section 9. Fencing of property. Section 12. Removal of excrement. Our group, Friends of the Dog Walkers, have negotiated with Table Mountain National Park on all dog-related matters for over five years. The parties have agreed on a rule whereby certain areas are designated as areas where all dog faeces must be removed and placed in the bins that are provided. In those parts of the Park where dogs run free (which is most of the Park area) the dog handlers must make sure that the dogs do not defecate on the paths, they may do it in the bushes. We suggest an appropriate solution for the city should be to follow this solution and make rules to ensure that no faeces whatever be left on the ground in public parks and certain designated areas such as, obviously, SeaPoint beachfront, beaches that can be accessed to service the bins, etc. Also, no faeces may be left on hard or gravelled pavements or any areas with mown grass. Elsewhere, if there are shrubs, bushes, groundcover etc, let the dogs be allowed to go in there where their faeces will quickly biodegrade in the air instead of the pathogens being preserved in the protection of the plastic. The council should consider the environmental effect of putting all the dog faeces in Cape Town, a biodegradable substance, in plastic bags and carting off to dumpsites. Surely the idea is to get rid of plastic and not to create more of it. On the subject of receptacles, we suggest the city should take more responsibility and undergo more research on suitable containers that ideally should be dedicated for the purpose and supply the more expensive bio-degradable bags. Also, there is no point in providing bins unless they are frequently cleaned out. At least twice a week especially in summer is essential. Does the city have the capacity for this? We enclose some interesting examples of bins and services offered in other countries which demonstrate how backward are the facilities offered in Cape Town. The municipality should consider contracting out to a service provider to offer and service suitable dedicated bins. Please examine carefully these advertisements taken from internet sites that we have provided with this comment and take note that legislation in the European Union classifies dog faeces as toxic waste which must be separately disposed of. 13. Sterilisation. Dog Breeding. Please alter the definition of "kennels" under (b) which includes "dogs ..bred for commercial purposes" so as to make clear that where dogs are kept as household pets and their puppies are sold the owners are not bound by the structural requirements relating to kennels in section 27. Appended:
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