Did you know: Animal Keeping By-Law

Laws are changing and adapting every day. It is not always brought to our attention what new laws have just been implemented. This is especially true with the new laws do not make for click bait headlines or only have limited reach (i.e. a smaller targeted audience). By-laws specifically have a very limited reach due to the fact that they are specific to a municipality. It has recently been brought to our attention, thankfully due to a certain organisation’s social media post, that the by-laws concerning animal ownership has changed in the City of Cape Town. There are three particularly interesting sections that I would like to highlight for discussion. However, that does not mean that the other sections of the by-law are not important. They may apply to you and if you live in the City of Cape Town with a pet then it will be in your best interest to have a read through the by-law.

Displaying or Exhibiting of an Animal for Show or Financial Gain

Section 12.1 of the by-law states:

“No person shall display or exhibit an animal for show or financial gain in a public space or public road, unless such person is the holder of a permit issued by the City or Cape Nature. This includes the use of an animal for begging or fundraising purposes. In the event that the City receives an application from a person for the displaying or exhibiting of an animal for show or financial gain they shall consult an animal welfare Inspector authorised in terms of Section 8(1) of the Animals Protection Act 71 of 1962 for comment and input.”

In this instance, the by-law is attempting to avoid irresponsible pet ownership. The implication of this law is that exploiting an animal for financial gain, specifically begging, will now be outlawed. It is my hope that this by-law is not exploited to remove pets from responsible owners that happen to be homeless but rather that it closes the gap of those individuals who may solely keep a pet to exploit it financially.

Sterilisation

Section 3.1 of the by-law states:

“All dogs and cats (male and female) over six months of age must be sterilised, unless the owner obtains a permit from the City to keep the animal unsterilised.”

The growing population of cats and dogs worldwide is enough to make this move towards sterilization, a welcome one. Organisations that attempt to alleviate these issues have been overrun and underfunded worldwide. These pressures have led to unwanted animals being held in overcrowded facilities and homeless for longer periods than intended. I know my husband and I fostered a dog that was adopted but stuck in South Africa during lockdown. These organisations and the people that work there will really benefit from this by-law as will the animal population in the City of Cape Town. The enforcement of this clause will be very interesting to see unfold.

Sale of Animals

Section 13.17 states:

No person may sell or offer to sell an animal without the City’s authorisation –

(a) in a street or public place;
(b) in or from a movable structure or vehicle;
(c) at public markets; and
(d) online or through social media platforms or outlets.

There are various components to this section of the by-law which I believe will be incredibly beneficial for animals in the City of Cape Town. Firstly, it is heart breaking to see a puppy or kitten being sold on the street. To have it expressly outlawed and those sales to be prohibited, is a step in the right direction. Secondly, prohibition of the sale of animals online or through social media platforms is addressing a very real problem that has increased in recent years. This will prevent the pet industry from exploiting these infant pets. Often these sales are associated with infant pets that are too young to be separated from their mother and lead to unhealthy and/or genetically defective adults.

It is important to keep abreast of the laws, especially at a local level, because they have a real effect on our everyday lives. These three examples in the by-law show ways that local laws can really address the issues facing specific communities. It will be interesting to see how these by-laws are enforced. It is my hope that these laws cultivate a culture that is respectful of the animals that are involved in the pet industry and ensure careful consideration of those that participate in the breeding and selling of animals.

– Christian Tabor-Raeside

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