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 40
40. Enforcement and Related Powers of Authorised Officials
(1) An authorised official may, for the purposes of enforcing this By-law ―
(a) instruct a person who is in contravention to -
(i) stop the conduct prohibited under the By-law;
(ii) remove any obstruction to the safe or free passage of a pedestrian or motor vehicle;
(iii) leave and remain out of a specified public place;
(b) issue a written compliance notice on a person contravening the By-law, which must include ―
(i) a description of the conduct constituting a contravention of the By-law;
(ii) indicate the section of the By-law contravened;
(iii) specify the steps that must be taken to comply with the notice;
(iv) specify the time periods within which the steps have to be taken; and
(v) state that the failure to comply with the compliance notice constitutes an offence in addition to the contravention of the section contemplated in sub-paragraph (ii);
(c) issue a notice in terms of sections 56 or 341 of the Criminal Procedure Act, 1977 (Act 51 of 1977) if –
(i) a person contravenes a provision of the By-law; or
(ii) a person fails or refuses to comply with an instruction in terms of paragraph (a) or a compliance notice in terms of paragraph (b);
(d) arrest a person, who commits an offence in terms of the By-Law, in terms of section 40(1)(a) to (f), (h) and (j) of the Criminal Procedure Act, 51 of 1977 and, if necessary, search the person arrested in terms of section 23 of that Act;
(e) require any person to furnish their name and address and other particulars that are required for identification or for any process if the authorised official reasonably suspects this person of having committed an offence in terms of this By-law or, if in the opinion of the authorised official, that person is able to give evidence in regard to the commission of any such offence;
(f) where there are reasonable grounds for believing that a provision of this By-law has been contravened-
(i) conduct an inspection of any premises, business or vehicle used, or reasonably suspected to be used, for the purposes of determining compliance with this By-law;
(ii) inspect the premises, business, vehicle or anything found therein;
(iii) question any person on the premises, in the vehicle, or any person who has recently been on the premises or in the vehicle;
(iv) enter any premises or business at all reasonable times; and
(v) exercise any other power reasonably necessary to investigate the suspected contravention.
(2) Should the person on whom a written compliance notice was issued in terms of subsection (1) fail to comply, or inadequately comply, with the written compliance notice, the City may –
(a) take measures that the City considers appropriate to remedy the situation or may authorise another person to take such measures; and
(b) recover costs in terms of its Credit Control and Debt Collection Policy and the Credit Control and Debt Collection By-law 2006 or similar legislation or policy, for the measures to be undertaken and all costs incurred as a result of acting under this By-law, from any or all of the persons on whom the written compliance notice was issued.
(3) In exercising any power under in terms of this Bylaw every authorised official must-
(a) exercise their powers reasonably with due regard to every person’s fundamental rights under Chapter 2 of the Constitution;
(b) ensure if force is required under the circumstances, the level of force is justifiable and proportional.
(1) An authorised official may, for the purposes of enforcing this By-law ―
(a) instruct a person who is in contravention to -
(i) stop the conduct prohibited under the By-law;
(ii) remove any obstruction to the safe or free passage of a pedestrian or motor vehicle;
(iii) leave and remain out of a specified public place;
(b) issue a written compliance notice on a person contravening the By-law, which must include ―
(i) a description of the conduct constituting a contravention of the By-law;
(ii) indicate the section of the By-law contravened;
(iii) specify the steps that must be taken to comply with the notice;
(iv) specify the time periods within which the steps have to be taken; and
(v) state that the failure to comply with the compliance notice constitutes an offence in addition to the contravention of the section contemplated in sub-paragraph (ii);
(c) issue a notice in terms of sections 56 or 341 of the Criminal Procedure Act, 1977 (Act 51 of 1977) if –
(i) a person contravenes a provision of the By-law; or
(ii) a person fails or refuses to comply with an instruction in terms of paragraph (a) or a compliance notice in terms of paragraph (b);
(d) arrest a person, who commits an offence in terms of the By-Law, in terms of section 40(1)(a) to (f), (h) and (j) of the Criminal Procedure Act, 51 of 1977 and, if necessary, search the person arrested in terms of section 23 of that Act;
(e) require any person to furnish their name and address and other particulars that are required for identification or for any process if the authorised official reasonably suspects this person of having committed an offence in terms of this By-law or, if in the opinion of the authorised official, that person is able to give evidence in regard to the commission of any such offence;
(f) where there are reasonable grounds for believing that a provision of this By-law has been contravened-
(i) conduct an inspection of any premises, business or vehicle used, or reasonably suspected to be used, for the purposes of determining compliance with this By-law;
(ii) inspect the premises, business, vehicle or anything found therein;
(iii) question any person on the premises, in the vehicle, or any person who has recently been on the premises or in the vehicle;
(iv) enter any premises or business at all reasonable times; and
(v) exercise any other power reasonably necessary to investigate the suspected contravention.
(2) Should the person on whom a written compliance notice was issued in terms of subsection (1) fail to comply, or inadequately comply, with the written compliance notice, the City may –
(a) take measures that the City considers appropriate to remedy the situation or may authorise another person to take such measures; and
(b) recover costs in terms of its Credit Control and Debt Collection Policy and the Credit Control and Debt Collection By-law 2006 or similar legislation or policy, for the measures to be undertaken and all costs incurred as a result of acting under this By-law, from any or all of the persons on whom the written compliance notice was issued.
(3) In exercising any power under in terms of this Bylaw every authorised official must-
(a) exercise their powers reasonably with due regard to every person’s fundamental rights under Chapter 2 of the Constitution;
(b) ensure if force is required under the circumstances, the level of force is justifiable and proportional.
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