CHOBE DISTRICT COUNCIL (DOGS) (MODEL BYE-LAWS) (ADOPTION) BYE-LAWS
(section 38(2))
(24th April, 2009)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Licensing of dogs
4. Yapping, etc., of dogs and bitches in season
5. Troublesome, dangerous or infected dogs
6. Detention and destruction of abandoned or diseased dogs
7. Diseased dogs to be presented for treatment
8. Dogs to be vaccinated
9. Penalties
Schedules
S.I. 31, 2009.
These Bye-Laws may be cited as the Chobe District Council (Dogs) (Model Bye-Laws) (Adoption) Bye-Laws*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-Laws, unless the context otherwise requires
“authorised officer” means the Council Secretary or any officer of the Council duly authorised by the Council Secretary to perform duties under these Bye-Laws;
“Council” means the Chobe District Council;
“public place” means any road, street, thoroughfare, bridge, foot pavement, open space or park within the area of jurisdiction of the Council and any enclosed space controlled by the Council;
“rabies certificate” means a certificate signed by a veterinary official stating that the dog (being a dog which was over the age of six months at the time of vaccination) has been vaccinated against rabies; and
“veterinary official” means a veterinary officer, livestock officer, or stock inspector employed in the service of the Government, and includes a veterinary surgeon as defined under the Veterinary Surgeons Act (Cap. 61:04).
(1) No person shall keep a dog that is over the age of six months unless it is licensed in terms of this bye-law, within a period of four weeks after attaining the age of six months.
(2) Where there is a dispute as to whether a dog is over the age of six months, the opinion of a veterinary official shall be final.
(3) A licence for a dog shall be issued by an authorised officer on application and production of a rabies certificate relating to that dog.
(4) A licence issued under bye-law (3) shall be valid for a period of 12 months and shall be renewable for further periods of 12 months each upon application by the owner of the dog.
(5) A licence issued under bye-law (3) shall be issued upon payment of a fee as set out under Part A in the First Schedule:
Provided that the fee payable shall be half the amount prescribed in this sub-bye-law where a dog is brought into the Council area, or attains the age of six months, on or after 1st July in any year.
(6) An authorised officer may, at any time, withdraw or cancel a licence issued under sub-bye-law (3) where there has been a contravention of the provisions of these Bye-Laws.
(7) A licence issued under sub-bye-law (3) shall be a metal tag and shall be in the form set out in the Second Schedule and on payment of a fee set out in Part B of the First Schedule.
(8) A person in charge of a dog which is required to be licensed under the provisions of this bye-law, shall not allow the dog to be at large unless a current licence issued under sub-bye-law (3) is affixed to the dog’s neck by means of a dog’s collar.
(9) Where a dog licence issued under sub-bye-law (3) has been lost, an authorised official may issue a duplicate licence on payment by the owner of the dog of a fee as set out under Part C in the First Schedule.
4. Yapping, etc., of dogs and bitches in season
(1) A person in charge of a dog shall take all such steps as are necessary to ensure that the yapping, whining or barking of that dog does not unduly disturb other inhabitants of the area of the jurisdiction of the Council or create a nuisance.
(2) No person shall allow a bitch to be at large at such time as the bitch is on heat or in season.
5. Troublesome, dangerous or infected dogs
(1) No person shall allow any troublesome, ferocious or dangerous dog, or any dog which is suffering from a contagious or infectious disease, to be at large outside the premises on which such dog is normally kept.
(2) Any person who keeps any dog of the nature described in sub-bye-law (1) shall, display at the principal entrance of the property where the dog is kept, a clearly legible sign reading “BEWARE OF THE DOG” or “TSHABA NTSA”.
6. Detention and destruction of abandoned or diseased dogs
(1) An authorised officer may detain and remove to kennels or other premises owned by the Council, any dog which is at large in a public place.
(2) If a dog referred to under sub-bye-law (1) is wearing a dog collar with a current licence badge tag affixed to it, the authorised officer shall forthwith notify, in writing, the person to whom the licence was issued that the dog has been detained, and shall also notify such person where the dog is detained.
(3) If a dog detained under the provisions of sub-bye-law (1) is not claimed by or on behalf of its owner within seven days of such detention or, where notification has been given in terms of sub-bye-law (2), within seven days of such notification, it shall be deemed to be abandoned and in such event the Council Secretary may cause such dog to be destroyed or otherwise disposed of:
Provided that the Council Secretary may authorise the destruction of the dog prior to the expiration of the period of seven days referred to in this bye-law where he or she has reason to believe that it is genuinely abandoned or is without an owner or that it is suffering from an infectious or contagious disease of a serious nature and that the destruction of the dog is necessary for the purpose of controlling the spread of such disease.
(4) The owner of any dog detained under the provisions of this bye-law may reclaim such dog on payment of a fee as set out in Part D of the First Schedule.
7. Diseased dogs to be presented for treatment
Any person who keeps a dog which shows signs of suffering from an infectious or contagious disease shall immediately present such dog for treatment to a veterinary official.
(1) No person shall keep a dog that is over the age of six months unless the dog has been vaccinated against rabies and the person keeping the dog is in possession of a rabies certificate relating to the dog.
(2) The Council Secretary may authorise the destruction of any dog if the person keeping the dog is unable to produce a rabies certificate relating to that dog:
Provided that for the purpose of this bye-law a current dog licence badge shall be deemed to be equivalent to a rabies certificate.
(1) Any person who contravenes any of the provisions of these Bye-Laws shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding two months, or to both.
(2) For a second or subsequent offence, such person shall be liable to a fine not exceeding P1 000, or to imprisonment for a term not exceeding six months, or to both.
FIRST SCHEDULE
FEES
(bye-laws 3(5), (8), (9) and 6(4))
|
Part |
Fees |
Amount |
|
A |
Dog Licence |
P10 |
|
B |
Dog Collar and Tag |
P15 |
|
C |
Duplicate Licence |
P5 |
|
D |
Detention |
P5 per day |
SECOND SCHEDULE
DOG LICENCE
(bye-law 3(7))
This is to certify that _______________________________________________ (name of applicant) of
___________________________ (address) _____________________________ is keeping a dog over
the age of six months in accordance with the provisions of bye-law 3 from _______________________
(date) to the _____________________________________
Date of issue: ____________________________________
Official Receipt No.: ______________________________
_______________________
Authorised officer