PUBLIC PARTICIPATION
City of Cape Town Draft Animal Keeping By-law
Sun, 27 September 2026
This page is part of a more easily readable version of the controversial Draft Animal Keeping By-law published for public comment until 29 September 2026. There are links below to the other 44 sections.
Comments and submissions should be emailed to animal.bylaw@capetown.gov.za
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SECTION 18
18. Stray Animals
(1) Any person, entity or animal rescue or welfare organisation, excluding the pound, who rescues or comes into possession of a stray animal shall report the date, time and location of the rescue and a description of such rescued stray animal to the City or the pound within twenty-four hours.
(a) Such rescued stray animal must be presented to the pound or a veterinary practice to be scanned for a microchip;
(b) If such stray animal has a microchip, then the owner must forthwith be notified of the rescue and the owner must be afforded the opportunity to reclaim such stray animal through the official pound;
(c) Should the stray animal not be microchipped, then the Pound or contracted entity performing this function on behalf of the City, must place a notice on the City Petfinder website or its equivalent, or social media to attempt to trace the owner;
(d) If the prescribed period in terms of subsection 3(a) and(b) below has lapsed and―
(i) the owner of the stray animal cannot be traced; or
(ii) the owner fails to reclaim the stray animal after being notified as is required in terms of subsection (1)(b); or
(iii) the owner fails to reclaim the stray animal after the notice has been published as is required in terms of subsection (c), the stray animal shall be deemed to have been forfeited to the City in terms of this By-law, whereafter the City may transfer ownership of the stray animal to the rescuer, subject to the animal being sterilised and microchipped within seven days of the transfer of ownership, if not already sterilised and microchipped.
(2) An authorised official may impound, or cause a contracted entity to impound, any stray animal found on any premises or public place, which is—
(a) not under the supervision or control of any person;
(b) causes or poses a nuisance; or
(c) sick, injured or otherwise in such condition that it requires immediate care, treatment or protection.
(3) The City may sell or dispose of any stray animal impounded in terms of subsection 2, provided that–
(a) a period of no less than 7 days has lapsed from the time of seizure;
(b) in the case of small livestock and large livestock, it shall be no less than 21 days has lapsed from the time of seizure; and
(c) the City or authorised official has taken all reasonable steps to notify the owner of the stray animal of the impoundment, if such details of the owner are known to the City or authorised official.
(4) Any stray animal impounded in terms of subsection (2) may be destroyed, where such animal is –
(a) carrying an infectious or contagious disease as certified by a veterinarian; or
(b) ferocious, vicious or dangerous.
(c) such that it poses an immediate and substantial danger to the health and safety of other animals, or the general public and only after it has been deemed unfit for rehoming or rehabilitation by an animal behaviourist.
(5) The destruction of any animal in terms of this By-law must be carried out with such precautions and in such a manner as to inflict as little suffering as possible.
(6) Any person who wishes to claim a stray animal impounded by the City must claim the animal from the pound and provide satisfactory and reasonable proof of ownership before any such animal may be released to such person.
(7) The person who claims the impounded animal must pay to the City or the pound master the reasonable costs of the City or pound master for the impoundment, and removal of the animal, plus the reasonable costs incurred by the organisation or pound for accommodating the animal, before the animal may be released to the person. If the person who claimed the animal has not made payment within 72 hours of the claim, the City or the pound may sell or dispose of such animal and may institute civil action against the claimant or owner to recover any costs incurred.
(8) Any stray animal claimed from the pound must be microchipped before the animal may be released, unless the animal is already microchipped. The cost of the microchip shall be recovered from the owner. In the case of large animals, if the owner does not wish for the animal to be microchipped, then the owner must arrange for the animal to be branded or tattooed at the pound before the animal may be released. Any such branding or tattooing must be done humanely by a suitably trained professional.
(1) Any person, entity or animal rescue or welfare organisation, excluding the pound, who rescues or comes into possession of a stray animal shall report the date, time and location of the rescue and a description of such rescued stray animal to the City or the pound within twenty-four hours.
(a) Such rescued stray animal must be presented to the pound or a veterinary practice to be scanned for a microchip;
(b) If such stray animal has a microchip, then the owner must forthwith be notified of the rescue and the owner must be afforded the opportunity to reclaim such stray animal through the official pound;
(c) Should the stray animal not be microchipped, then the Pound or contracted entity performing this function on behalf of the City, must place a notice on the City Petfinder website or its equivalent, or social media to attempt to trace the owner;
(d) If the prescribed period in terms of subsection 3(a) and(b) below has lapsed and―
(i) the owner of the stray animal cannot be traced; or
(ii) the owner fails to reclaim the stray animal after being notified as is required in terms of subsection (1)(b); or
(iii) the owner fails to reclaim the stray animal after the notice has been published as is required in terms of subsection (c), the stray animal shall be deemed to have been forfeited to the City in terms of this By-law, whereafter the City may transfer ownership of the stray animal to the rescuer, subject to the animal being sterilised and microchipped within seven days of the transfer of ownership, if not already sterilised and microchipped.
(2) An authorised official may impound, or cause a contracted entity to impound, any stray animal found on any premises or public place, which is—
(a) not under the supervision or control of any person;
(b) causes or poses a nuisance; or
(c) sick, injured or otherwise in such condition that it requires immediate care, treatment or protection.
(3) The City may sell or dispose of any stray animal impounded in terms of subsection 2, provided that–
(a) a period of no less than 7 days has lapsed from the time of seizure;
(b) in the case of small livestock and large livestock, it shall be no less than 21 days has lapsed from the time of seizure; and
(c) the City or authorised official has taken all reasonable steps to notify the owner of the stray animal of the impoundment, if such details of the owner are known to the City or authorised official.
(4) Any stray animal impounded in terms of subsection (2) may be destroyed, where such animal is –
(a) carrying an infectious or contagious disease as certified by a veterinarian; or
(b) ferocious, vicious or dangerous.
(c) such that it poses an immediate and substantial danger to the health and safety of other animals, or the general public and only after it has been deemed unfit for rehoming or rehabilitation by an animal behaviourist.
(5) The destruction of any animal in terms of this By-law must be carried out with such precautions and in such a manner as to inflict as little suffering as possible.
(6) Any person who wishes to claim a stray animal impounded by the City must claim the animal from the pound and provide satisfactory and reasonable proof of ownership before any such animal may be released to such person.
(7) The person who claims the impounded animal must pay to the City or the pound master the reasonable costs of the City or pound master for the impoundment, and removal of the animal, plus the reasonable costs incurred by the organisation or pound for accommodating the animal, before the animal may be released to the person. If the person who claimed the animal has not made payment within 72 hours of the claim, the City or the pound may sell or dispose of such animal and may institute civil action against the claimant or owner to recover any costs incurred.
(8) Any stray animal claimed from the pound must be microchipped before the animal may be released, unless the animal is already microchipped. The cost of the microchip shall be recovered from the owner. In the case of large animals, if the owner does not wish for the animal to be microchipped, then the owner must arrange for the animal to be branded or tattooed at the pound before the animal may be released. Any such branding or tattooing must be done humanely by a suitably trained professional.
See next section
Comments and submissions should be emailed to animal.bylaw@capetown.gov.za
Other sections
CHAPTER 1 – General Provisions
CHAPTER 2 – Keeping of Animals
CHAPTER 3 – Bee Keeping
CHAPTER 4 – Enforcement