Interesting

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Interesting

Postby MrG » Thu Dec 18, 2008 9:02 pm

I attended a workshop today on the newly announched by-laws that have been published in the provincial gazette,14Nov 2008.
It is the West Rand District Municipality: Street and Miscellaneous By-Laws.
In terms of section 13 of the Local goverment Municipal systems act,2000 the by-laws have been passed and ..........Bla bla bla...and it basicly set out the laws within the Westrand.

The following was however very interesting......

Point 27 states the following.......

"Dangerous animals,reptiles and insects"

1- No person shall without a permit issued by the HOD keep any wild or dangerous animal, reptile or insect which has an inherent propensity to attack human or the keeping of which is likely to become a nuisance or a threat to public health or is in fraught with risk to any person.

2-Any animal, reptile or insect the keeping of which is prohibited in terms of subsection1 may, if found at large outside of the confines of the property of the owner, be destroyed by any police officer or authorized official of the municipality.

...bla bla ...The fine is R2000 if found guilty....admt guilt for R500.


I would say these type of by-laws will be a common occurance in future in most of the municipalities with serious effects. They will appoint animal cops/ inspectors that will inforce these laws.

On my question in the meeting..why reptiles/insects?, as I understand the issue about dogs, cats and other domestic animals, they replied it was because of the uprise in keeping reptiles and insects and a specific case was mentioned about a guy in Randfontein that played with a Python outside and whiles under the influence of alcolhol chased people walking by with the snake and therefore he was arrested by the police. The other case was a complaint in Krugersdorp about a petshop owner that kept snakes at his home and there was a few escapes and his neighbour, Dr X laid a official complaint about it with Natcon and the enviormental dept of the council.

I would like to hear your views on this...
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Re: Interesting

Postby snake-5 » Thu Dec 18, 2008 9:14 pm

When ther is no crime, people running around intoxicated shooting and stabing each other and 1000 reported cases of rape every week, then ill understand why they would sit and waste there time on regulations like this.
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Re: Interesting

Postby matty » Thu Dec 18, 2008 9:26 pm

And when they cant properly identify a snake and they kill indigenous snakes?
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Re: Interesting

Postby Hustler » Fri Dec 19, 2008 2:03 am

I fyou're willing to kill a snake just because someone has a liking to it then I doubt you'd even care if the snake was endangered. This just seems riddiculous, I dont see such laws being put into place for people who own geese that chase people around, thats 'endangering' someone else isn't it, or hamsters and rats that can get out of cages and breed incredibly and so I've heard kill infants in their cribs. Why must it always be reptiles particularly snakes that always wind up on the receving end of plain fear and ignorence all because the ones in charge wont take the time to learn more. Pretty soon you'll need a permit to keep a corn snake because it's a snake nevermind all of that endangering whoever for whatever. Does this only apply to the west rand though?
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Re: Interesting

Postby insaniac » Fri Dec 19, 2008 7:12 am

I'm with snake - 5...

Isn't a rapist with a gun a bit more dangerous than a python ?
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Re: Interesting

Postby Bushviper » Fri Dec 19, 2008 8:31 am

MrG I think some people are missing the point. This is unconstitutional to say the least. No administration may take decisions without consulting with the relevant stake holders. This obviously did not happen. If you have a permit issued by a Provincial authority or National authority (in the case of TOPS) how can the "HOD" (whoever the hell that is) refuse to issue you with a permit.

Spiders and scorpions are arachnids and not insects so keeping an Israeli death stalker or a Funnel web spider is fine but having cockroaches is not because they could become a nuisance for your neighbours.

If you have a permit to keep Rinkhals and the "police officer or authorized official of the municipality" kills one nearby how are they going to convince you that it is yours.

If it is a TOPS animal then that official needs a permit to kill, hunt, catch, wait, transport or dispose of the animal in question. I guess nobody explained this to the rocket scientist who dreamed up this bylaw. National laws supersede any bylaws and this bylaw may not be enacted because it contradicts an act of parliament.

MrG I think it is your duty to engage these people and explain what the implications are for the community as well as the authorised officials and to have this law repealed.

I am sure the pet shops in the West Rand would find this very interesting as this affects their businesses and this was not discussed with them before the time.
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Re: Interesting

Postby MrG » Fri Dec 19, 2008 8:47 am

In am still asking questions but not much help at hand. The one reply was that the documents was open for public response and it was advertised for comments. I dont think it was intended for reptiles as so much for dogs and cats.
Cant see how they will enforce the laws without trained inspectors.
I must also stay out of it as it can a effect on me later.........(Politics)
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Re: Interesting

Postby Bushviper » Fri Dec 19, 2008 9:04 am

MrG I will get some other interested parties involved. I do understand your problems with the politics of this decision.

What you can do from your side is explain that your officials cannot implement this bylaw because it would leave them open to prosecution and try to get it over turned like that. If you kill a python or a rock scorpion then you are in serious trouble. Your members cannot be expected to know that the velvety cave worm (TOPS animal) is protected. Point out that tracking down bees is very difficult so how does keeping bees (which are a threat to people) get controlled by this bylaw. Mention the arachnids and point out how silly this law is.

By law then a horse may not be kept without a permit because horses kill many people in SA every year. Is a parrot or a guppy a wild animal? What about a platanna, it is a wild animal? They are found in the wild and are part of the animal kingdom.

If they are excluding birds than does that mean I can keep an ostrich and a cassowary in my garden but not a corn snake.

Somebody was not thinking the day they wrote this by-law.
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Re: Interesting

Postby Loslappie » Fri Dec 19, 2008 10:16 am

I think there are many by laws that needs to be taken back to the drawing boards, at most it is just impossible to manage, and I pity the law enforcement officer that cannot distinguish and African Rock from a Burmese Python and who has to put down a healthy animal.

However if this by law will then cause an awakening amongst pet owners and hobbyist to be more responsible, then it might be a good thing. Im referring to pet owners who are not bothered when a pet escapes etc as its not on permit. ( all respects to the responsible keepers)

I speak under correction, but this will mean that "Dangerous" animals will then require captivity permits? (as we have in the Cape?)
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Re: Interesting

Postby MrG » Fri Dec 19, 2008 2:35 pm

Loslappie I stand under correction but I have heard that the implemented by-laws comes from the Western Cape and they have just addapted a bit to suit the West Rand.
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Re: Interesting

Postby Loslappie » Fri Dec 19, 2008 3:08 pm

Ag nee, I thought so MrG, if that is passed it will put a major damper on the hobby! And it also seems as if animals escaping and negligence on the keepers part has contributed to this. It really is a pity, as I was hoping we would go the JHB route for exotics.
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