By Bafana Nzimande
THE City of Johannesburg has worked closely with the Society For The Prevention Of Cruelty To Animals (SPCA) to draw up a set of draft by-laws relating to domestic animals.
It has also taken into consideration suggestions from the City's department of public health and the Johannesburg Metro Police Department, as well as complaints from Johannesburg residents about domestic animals, ranging from the large number of strays on the streets of Soweto, to barking dogs in the suburbs.
"These proposed by-laws are aimed at facilitating a healthy and controllable population of dogs and cats around the city," said Pieter de Klerk, the co-ordinator of the by-laws and adviser to the City's legal department.
The City decided to create a uniform set of by-laws relating to domestic animals, De Klerk said. In the past the then local authorities of Sandton, Roodepoort and Randburg had regulations regarding dogs, while many of the townships had none.
The scope of the by-laws was expanded to include provisions related to cats, based on advice from the SPCA.
The City and the animal welfare organisations are hoping through the by-laws, to cut down on the number of unwanted and abandoned dogs and cats, as well as tackle the problem of an ever-growing feral cat population.
"We commend the City for the bold step, because the sterilisation of cats and dogs is a big step in the right direction to curb breeding in our country," said Marcelle Meredith, the executive director of the national council of the SPCA.
No resident will be allowed to keep more than two dogs on their premises once these new by-laws are promulgated. But residents who currently have more than two dogs can continue to keep them, but "may not replace any dog that dies, is lost or is disposed of as it will result in such a contravention".
Responding to concern expressed by some members of the public regarding the restriction on the number of animals they can keep, Meredith said, "We disagree with those views simply because we are tired of the fact that we have to euthanase so many animals suffering from various illnesses, of which a majority are caused by abuse and negligence by some members of the public."
According to the proposed by-laws, this restriction will not apply to veterinary clinics, pet shops, to premises where guide dogs for the blind are trained or kept, or to residents authorised as dog breeders by any dog breeder association that is approved by the council.
If these by-laws are implemented, no person will be allowed to keep an un-sterilised female dog over the age of six months, unless that dog is kept by a dog breeder in a kennel, in any secure premises or unless its owner has obtained written permission from the council.
"The council may sterilise a female dog at the request of its owner, subject to payments of the costs thereof by the owner," cites the proposed by-laws.
The proposed draft also tackles the issue of taking dogs into public places, saying that no resident shall permit any dog to be in any public place unless that dog is kept on a leash and is under the control of a person.
"Any person in control of a dog in a public place, excluding a blind person who is led by a guide-dog, must remove any defecation of such dog," it says.
The City's proposed by-laws also indicate that, "No person shall keep a female cat over the age of six months unless such cat is sterilised and its owner must obtain a document as proof of sterilisation, which must be produced to any authorised official on demand."
In terms of unsterilised female dogs and cats, the proposed by-laws say that there will be a grace period of 12 months after the commencement of these by-laws for the animals to be sterilised. Once the grace period expires, any unsterilised female dog or cat will be impounded, as it will be deemed as contriving these new by-laws.
"The restriction and sterilisation of dogs and cats will go a long way towards assisting the welfare of all animals and prevent unnecessary animal abuse," Meredith says.
Joburgers found contravening these by-laws will face harsh prosecution, ranging from a fine to prison sentence not exceeding a period of six months. If these new by-laws are implemented, members of the Johannesburg Metropolitan Police Department, working closely with other relevant authorities appointed by the City, will impound any dog found in a public place without a leash and not under the control of any person, as well as any un-sterilised female cat found after the 12 months grace period.
Meredith said the sterilisation of male dogs and cats should be considered and the firecracker by-laws should also be included.
"Public notices have recently been published in local newspapers and we urge members of the public to participate in this process by utilising relevant communication channels to voice their comments about these proposed by-laws," De Klerk said.
The council will consider all comments received from the public and any necessary amendments will be made before the implementation of these by-laws.
To view the proposed by-laws go to our by-laws page.
Members of public are invited to voice their comments in writing to
The Director: Legal Services, PO Box 1049, Johannesburg, 2000 or email their comments to tshidem@joburg.org.za or aidam@joburg.org.za.
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