RAYMOND MHLABA LOCAL MUNICIPALITY:BY-LAW RELATING TO THE PREVENTION OF PUBLIC NUISANCES AND NUISANCES ARISING FROM THE KEEPING OF ANIMALS
By-law published in Provincial Gazette number 4184 dated 11 February 2019Under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996 the Raymond Mhlaba Local Municipality enacts as follows:-
The municipality, aware of the constitutional right of every person to an environment that is not harmful to his or her health or well-being, adopts this by-law with the aim of protecting and promoting the health and well-being of all people in the Raymond Mhlaba Local area by fostering an environment in which the public in general may enjoy peaceful and harmonious living conditions.
In the implementation of this by-law, the municipality also recognises the infrastructural, social and economicdisparities and inequalities resulting from the previous local government dispensation and shall strive to overcome such disparities and inequalities by supporting the newgoals for local government as laid down in section 152 of the Constitution.
Sections 4(1), 14(1), 15(1), 21(1) and 26 do not apply to –
- premises which are legally used for bona fide agricultural purposes; or
- premises identified by the municipality where the keeping of animals or the operation of pet parlours, pet shops or catteries and kennels is permitted and indicated as such in an approved spatial development framework and zoning scheme.
A person who keeps animals on premises contemplated in subsection (3) is not exempt from the provisions relating to the inception or bringing about of a public nuisance.