Draft Animal By Law

PROPOSED CITY OF CAPE TOWN ANIMAL KEEPING BY-LAW

I support the objectives of responsible animal ownership, animal welfare and public safety.

However, I have serious concerns regarding the proposed Animal Keeping By-law, particularly the proposed registration, permitting, inspection, enforcement and penalty framework.

The current public summary is too broad and does not provide residents with sufficient information to properly assess the financial, administrative and legal implications of the proposed by-law.

Primary concerns:

• Potential financial burden on residents
• The proposed registration, permitting and enforcement system could create additional fees, charges and penalties. The City should disclose the full fee structure and projected annual revenue before the by-law is considered for adoption.
• Equal application of the law There is a significant concern that enforcement could disproportionately affect residents in formal residential areas who have identifiable properties, municipal accounts and fixed addresses, while animals roaming in informal settlements and other areas may be considerably more difficult to attribute to an identifiable owner.
• Establishing ownership
• The by-law must clearly state what evidence is required before an individual can be held responsible for an animal. A person should not automatically be presumed to be the owner merely because an animal is found on or near their property.
• Powers of authorised officers
• The City must clearly define inspectors' powers regarding property access, inspections, notices, seizure and impoundment of animals. Appropriate safeguards, accountability and appeal mechanisms must be established.
• Welfare must take precedence over revenue
• The primary purpose of the by-law should be animal welfare and public safety. Administrative infringements should not unnecessarily result in punitive action where there is no cruelty, immediate danger or material risk to the community.

QUESTIONS REQUIRING A CITY RESPONSE (I truly hope they will be answered)

In the spirit of "The DA works for all", the City must provide the following:

• A complete copy of the proposed by-law, including all schedules and regulations.
• A full schedule of proposed registration and permit fees.
• The projected annual revenue from permits, registrations, fines and penalties.
• The estimated cost of administering and enforcing the by-law.
• The number of additional inspectors and resources required.
• Clear criteria for determining animal ownership.
• Clear limits on the powers of authorised officers.
• The procedures for seizure, impoundment and return of animals.
• A formal appeals and dispute-resolution process for residents.
• A clear enforcement strategy demonstrating how the by-law will be applied - Equally across formal suburbs, informal settlements and other communities !!!!!!

RECOMMENDATION

I recommend that the proposed by-law not proceed to final adoption until the above information has been made available and residents have been given a meaningful opportunity to comment on the complete regulatory framework.

The City has a legitimate responsibility to protect animals and communities. However, regulation must be fair, proportionate, transparent, affordable and equally enforceable.

Animal welfare must remain the primary objective !!!!!

The by-law must not unintentionally create a system where compliant, identifiable and rate-paying residents carry a disproportionate regulatory and financial burden while the underlying animal-control problems remain unresolved elsewhere in the City.

The right way to do it is:

That the relevant City department provide a detailed written response to the above concerns and that the matter be subjected to further public and councillor scrutiny before final adoption.