And the reporting of bylaw violations in public open spaces
The City of Johannesburg (CoJ), like other municipalities, has by-laws to govern various aspects of community life. These by-laws are important to both residents and businesses. The purpose of by-laws is to maintain order, ensure public health and safety, and to create harmonious living environments. [https://sabinet.co.za/understanding-south-african-municipal-by-laws/]
The CoJ By-Laws [https://joburg.org.za/documents_/By-Laws/Pages/By-Laws.aspx] cover a wide range of aspects, alphabetically listed on the referenced webpage.
The Public Health By-Laws [https://tinyurl.com/5aefzzh9] addresses among others public health principles, hazards, nuisances, sanitary services, water, offensive trades, hairdressing and related services, second-hand goods, various accommodation establishments, dry-cleaning and laundry, pools and spa-baths, nursing homes, child-care services, the keeping of animals (chapter 15, pp. 54-71), children’s homes, and nuisances. Herewith, for convenience, a synopsis of chapter 15:
- Keeper is defined (§117, Part p. 55) “in relation to any animal, the owner of the animal or any other person responsible for feeding and caring for the animal”.
- Livestock (p. 55) “means horses, cattle, sheep, goats, pigs, mules, donkeys and poultry” and pet “a domestic animal, bird or poultry kept in a household for companionship or amusement”. Poultry includes “fowls, ducks, muscovy ducks, geese, turkeys, pigeons, peacocks and domestic guinea-fowls”.
- Part 1, §118 (p. 56) states the general provisions relating to the keeping of animals; Part 2, §119-120 (pp. 57-58) deals with the keeping of cattle, horses, mules and donkeys; Part 3, §121-3 (pp. 58-9) with the keeping of goats and sheep; Part 4, §124-127 (pp. 59-61) with the keeping of poultry; Part 5, §128-130 (pp. 62-3) with the keeping of rabbits; Part 6, §132-3 (p. 63) with the keeping of birds; and Part 10, §141-2 (pp. 68-9) with the keeping of pigs. Issues such as premise requirements, permits and the duties of keepers are addressed.
- Kennels and catteries (Part 7, pp 63-5); pet shops and pet parlours (Part 8, pp. 66-7); and keeping of wild animals (Part 9, p. 67-8) [also in the CoJ By-Laws for the Protection of Wild Animals and Birds, https://tinyurl.com/myzs2n7n] are also addressed; and general provisions (Part 11, pp. 69-71) specified, such as: drainage (§143), dangerous animals (§144), requirements for keeping of bees (§145), illness attributable to animals, poultry or birds (§146), keeping of and slaughtering animals for religious and ceremonial purposes (§147), and introduction of milk and milk products into the Municipal Area (§148).
The CoJ has separate By-Laws Relating to Dogs and Cats [https://tinyurl.com/33r6swut].
- Chapter 2 (pp. 7-13) pertains to dogs and include significant matters such as the restriction of number of dogs (§2, pp. 7-9), permit requirements (§3-4, pp 9-12), prohibitions relating to the keeping of dogs (§5, p. 12), dogs in public places (§6, p. 12), prohibited behaviour in respect of dogs (§7, p. 13), and Council’s power to sterilise dogs (§8, p. 13).
- Chapter 3 (pp. 14-16) pertains to cats, including the restriction on number of cats (§9) and Council’s powers to sterilise cats (§10).
- Chapter 4 (pp. 16-23) addresses the impounding of dogs and cats, including the duties of poundmaster, the taking dogs and cats respectively into custody, the claiming of impounded dogs and cats, as well as the destruction or sale of unclaimed dogs and cats.
- Miscellaneous issues are covered in chapter 5 (pp 23-5), including duties of an owner (§17) and offences and penalties (§18).
The reporting of bylaw violations in public open spaces
While it is not illegal to be homeless, it is illegal to break municipal bylaws. To report violations, contact JMPD at 011 375 5911. When reporting, provide the exact location, details of the incident, and photos, if possible. To maintain the safety and cleanliness of our public spaces, please be aware of the following common bylaw infringements:
1. Illegal DumpingThe Public Open Spaces By-law, 2004, Section 14 (a) prohibits disposing of waste, rubble, or hazardous materials in parks and public areas.
2. Tampering with Waste BinsScattering litter from bins or unauthorised collection and resale of waste violates the Waste Management By-law, 2021, Section 25(1)(a).
3. Burning of FiresSetting fires in public spaces poses safety risks and is forbidden by the Public Open Spaces By-law, 2004, Section 13(b).
4. Obstruction of Public SpacesThe Public Open Spaces By-law, 2004, Section 13 prohibits blocking sidewalks or pathways with personal belongings, trolleys, or makeshift shelters.
5. Vandalism & Damage to Public PropertyDefacing or destroying public property, including graffiti, is an offence under the Public Open Spaces By-law, 2004, Section 17(1)(a).
6. Public Urination & BathingThe Public Open Spaces By-law, 2004, Section 13(a) prohibits using public areas as toilets or bathing spots.
7. Illegal StructuresErecting makeshift shelters in parks, pavements, or other public spaces without authorisation violates the Public Open Spaces By-law, 2004, Section 17(1)(c).
8. Theft of InfrastructureUnder the Public Open Spaces By-law, 2004, Section 17(1)(a), removing or damaging streetlights, manhole covers, fencing, or water meters is illegal.
9. Interference with Traffic & Road SafetyStanding on roads, begging at intersections, or creating hazards for pedestrians and drivers contravenes the Public Road and Miscellaneous By-law, 2004, Section 5(1).
10. Scavenging at Illegal Dumping SitesThe Waste Management By-law, 2021, Section 25(1)(b), addresses encouraging unlawful waste disposal and creating unsanitary conditions.
11. Harassment of ResidentsUnder the Public Open Spaces By-law, 2004, Section 12(e), aggressive begging or intimidation is prohibited.
Together, we can protect and maintain our public spaces.
https://joburg.org.za/documents_/Documents/By-Laws/prom%20public%20open%20spaces%20by-laws.pdf
https://joburg.org.za/documents_/Documents/By-Laws/waste%20management%20by-law.pdf