This Is Their Home Too
Part Of The Family
SOCIAL RULES AND REGULATIONS – ANIMALS
In these rules unless inconsistent with the context –
- “Poultry” means and includes fowls, ducks, geese, turkeys, guinea fowl, pigeons and parrots;
- “Animal” means and includes any domesticated pet, cat, dog, or any of any other animal reptile or bird;
- “Dog” means the male or female of this species;
- “Ferocious or vicious” shall mean animal, bird or reptile which has bitten or attempted to bite a person or animal or damages another persons’ property other than in defense of itself or its custodian.;
- “Nuisance” unless otherwise provided for in these bylaws, means any condition, thing, act or sound which is offensive or injurious or which tends to prejudice the safety, good order, peace or health or the rights or reasonable comfort, convenience, peace or quiet of the general public within the area;
- “Premises” shall be any building together with the land on which the same is situated and adjoining land or building used in connection therewith or any land without buildings thereon;
- “Stray or ownerless” any dog or animal not wearing a badge or other means of identification whereby the owner can be traced and appears to be ownerless, shall be deemed to be ownerless.
- “Valid rabies certificate” means valid rabies, inoculation certificate, to mean a certificate of inoculation, issued by a registered veterinarian within the previous two-year period;
- “Veterinarian” means a person registered as such under the veterinary and Para-Veterinary Professions Act, Act No. 29 of 1982.
2. Association permission to keep an animal
2.1. No owner or occupier may keep any pet or other animal, bird or reptile on any premises with Seaward Estates without the written consent of the Association, upon submission of such application proof of a valid rabies certificate shall be required in respect of dogs.
With the proviso that where such premises is zoned Sectional Title housing written permission from the body corporate, of such Sectional Title development shall first be obtained;
2.2. Consent by the Association may be given subjected to conditions which may be altered or withdrawn at any stage by the Association.
2.3. Should consent from the Association to keep an animal be revoked, the owner of such animal, upon receiving written notice from the Association, shall within the time stipulated in such notice, remove such animal from the Estate.
2.4. As of the date of promulgation of the SEMHOA Rules, new applications for permission to house animals, shall only be considered for a maximum of (2) two animals per unit, with the proviso that
- 2.4.1. Animals with a body weight in excess of 20 kg each, shall not be permitted with the proviso that.
- 126.96.36.199. Any owner or occupier who has received permission, prior to the promulgation of the SEMHOA Rules, to keep more than (2) dogs, or dogs with a body weight exceeding 20 kg shall be permitted to keep their pet but shall not be permitted to replace such pet upon it’s death unless clause 2.4.1 above is complied with.
- 188.8.131.52. Any occupier who is NOT an owner, who has received permission to keep dogs which are not in compliance with sub paragraph 2.4.1. above, shall be permitted to keep their dogs until the expiration of their lease and shall require to dispose of their dogs should they wish to renew their lease.
2.5. Any owner or occupier who has received permission to keep an animal, shall ensure that such pet is confined within the property by means of adequate fencing which is accordance with the Association rules.
2.6. A dog for which no valid rabies inoculation certificate is held shall not be permitted to be kept on the Estate.
3. Prohibited Animals
No person shall keep upon any premises within the boundaries of Seaward Estates.
- 3.1. any animal, bird or reptile which is deemed dangerous, ferocious or vicious.
- 3.2. cattle or any horse, mule, ass or other draught animal or any pig, sheep or goat or any form of live poultry;
- 3.3. any wild undomesticated animal, bird or reptile.
- 3.4. any hive or swarm of bees.
4. No person shall keep on any premises within the Seaward Estates any animal or reptile (whether male or female)
- which is ferocious or vicious.
- 4.2. which has a propensity to rush at any person, animal or vehicle, or which is generally a nuisance to the public on any premises or that are not properly surrounded by a fence of such a nature as to ensure that such dog is confined to such unless such dog is kept on a leash;
- 4.3. In respect of dogs, any bitch in season unless she is kept under proper control so as to prevent her from being a nuisance to the neighbours or the general public. The Association may by notice in writing direct to the owner or person in control to Animal Registration Form_v2 Page 3 June 2019 Version 2 remove such bitch to a place in which suitable accommodation can be provided for the housing of such bitch and at the owner’s expense and shall require it to be kept for such a period until she is out of season;
- 4.4. Any dog or animal which by reason of its barking, yelping, howling or whining or other sound, which creates a nuisance or disturbs the general public’s peace.
- 4.5. Which bites or savages any person unless it can be proved that such bite or savaging was in reasonable defense of the owner or person responsible for the keeping of the dog, or their dependents or property, and that the person bitten seriously threatened the owner, property or dependents of the owner or person keeping such animal;
- 4.6. attacks, runs at or jumps at any person, unless it can be proved that such attack, running or jumping was in reasonable defense of the owner or person responsible for the keeping of the animal, or their dependents or property, and that the person attacked, run at or jumped at seriously threatened
5. Without in any way detracting from or diminishing in the liability of the owner of or the person keeping any animals for a breach of these rules:
- 5.1. the owner of any premises if he resides on such premises shall be deemed to be keeping an animal on such premises;
- 5.2. if the owner of the premises does not reside on the premises any person over the age of eighteen years who resides on such premises shall be deemed to be keeping an animal on such premises;
- 5.3. in the case of any non compliance in terms of these rules it shall be competent for the true owner of the dog or animal in question to be found in contravention of the rules or alternatively, the person keeping or deemed to be keeping the dog in question to be served with a financial penalty therefore.
6. The Association may, in addition to imposing penalties against the owner, call upon an authorised officer to seize any dog or animal which is vicious or dangerous or which is creating a disturbance by barking or otherwise.
7. Any animal which is found at large and unattended on Seward Estates, or in a diseased state and apparently ownerless, may be seized by an officer empowered in terms of Kwa Dukuza Municipal By Laws and impounded and if found dangerous, vicious or diseased, may be destroyed in terms section 5 of the Animal Protection Act, (Act No. 71 of 1962).
8. No person shall allow an animal, being his property or in his charge to be in any common area within Seaward Estates, unless it is on a leash or otherwise controlled by an adult, to ensure that it will not in any circumstances endanger the safety or any person or traffic making use of such common area.
9. No person shall use or cause or allow any premises in the Estate to be used for the accommodation of animals for reward.
10. No person, shall by any means willfully frighten, tease or enrage any animal.
11. the owner or person in charge of any animal which has died shall be responsible for its proper burial, at such place as may be approved by the Municipality.
12. No person shall keep any animal or bird, other than a domestic pet or small bird in a cage, in any sleeping or living apartment in any dwelling.
13. No person shall permit any dog or other animal, of which he is the owner or in charge, to rush at pedestrians, motorcars or cyclists or other road users, or permit such animal to interfere with the comfort or safety of any member of the public.
14. Offences and penalties:
Any person who contravenes any provision of these rules or who fails to comply with the requirements thereof shall be guilty of a non-compliance shall be liable to the penalties determined by the Association.
- 14.1. Any person who has on his premises within Seaward Estates, any animal or bird which, by reason of continued barking, yelping, howling, crowing, or making other noises, disturbs the public peace or is a source of nuisance to the neighbourhood, after the expiration of a reasonable time to be stipulated in a notice signed by the Association and served upon him, requiring him to abate such disturbance or nuisance, shall be guilty of a non compliance of the rules and shall be liable to the penalty prescribed.
- 14.2. If any animal is believed to be fall within clause 4 and the sub clauses pertaining thereto, or where notice has been served in terms of 14.1 above and has not been complied with, it shall be competent for the Association, by written notice to revoke permission for the animal to be housed on Seaward Estates. Should such animal not be removed within the time stipulated in such notice, the Association may at its sole discretion:
- 14.2.1. In the case of a registered member of the Association, levy a financial penalty prescribed.
- 14.2.2. In the case of a person renting accommodation the Association shall have the right to demand that the lease agreement be summarily cancelled and that such occupier is evicted from the Estate.
Please kindly provide a submission for each animal.