GABORONE CITY COUNCIL (DOG MANAGEMENT) BYE-LAWS
(sections 44 and 45)
(30th November, 2018)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Issue of dog licence
4. Validity of licence
5. Duplicate licence
6. Cancellation of licence
7. Number of dogs permitted on land or premises
8. Dog collar
9. Micro chipping
10. Standard for keeping dog
11. Control of dog
12. Impoundment
13. Dog in motor vehicle
14. Areas prohibited to dogs
15. On-lead or leash area
16. Off-lead or leash exercise area
17. Fouling in public place
18. Nuisance, menacing and dangerous dog
19. Diseased dog
20. Breeding kennel
21. Abatement notice
22. Offences and penalties
23. Repeal of S.I. No. 24 of 1968
24. Savings
Schedule 1
Schedule 2
S.I. 187, 2018.
These Bye-laws may be cited as the Gaborone City Council (Dog Management) Bye-laws.
In these Bye-laws, unless the context otherwise requires
"authorised officer" means any person appointed as such by Gaborone City Council Town Clerk, BSPCA official or, authorised veterinary surgeon;
"BSPCA" means Botswana Society for the Prevention of Cruelty to Animals;
"Council" means the Gaborone City Council;
"Council area" means the area within the jurisdiction of the Council;
"dog" means a dog aged three months and above;
"guardian" means a person responsible for a dog, having temporary possession, charge or control over a dog;
"impound" means the seizure, taking into custody or receiving into custody, confinement or other exercise of control over a dog, by any authorised officer;
"kennel" means a structure or shelter for dogs or any building or property in which dogs are housed, maintained or bred;
"leash or lead" means a collar chain or harness of appropriate material, securely attached to a correctly fitted dog collar and of no more than six meters in length;
"licence" means a licence issued by the Council to a dog owner in terms of bye-law 3;
"licensee" means any person to whom a licence has been issued under these Bye-laws;
"microchip" means an encoded electronic device implanted on a dog by or under the supervision of a veterinary surgeon, which contains a unique code number and provides information of the owner;
"off-lead or leash" means that a dog is not on a lead or leash;
"off-lead or leash exercise area" means an area where a dog may be exercised whilst not on a leash or lead;
"on-lead or leash area" means any part of any street, road or public place where a dog shall be kept on a leash or lead at all times;
"on-lead or leash" means that a dog is on a lead or leash which is held by a person, so that the dog cannot break free;
"prohibited area" means any area into which a dog is not allowed entry;
"public place" means
(a) a public road, street, bridge, foot pavement, open space; or
(b) any parking area, park recreation ground, sports ground, shopping centre on Council land, unused or a vacant Council land or cemetery which has
(i) in connection with any subdivision or pay out of land into plots, been provided or set apart for use by the public, the owners or occupiers of such plots, whether or not it is shown on a general plan, plan of subdivision or diagram,
(ii) at any time been dedicated to the public or been used without interruption by the public, and
(iii) at any time been declared or rendered as such by the Council or other competent authority;
"special purpose dog" means a guide dog, guard dog, breeding dog, sniffer dog, therapeutic dog, educational or entertainment dog;
"vaccination certificate" is a valid certificate signed by a veterinary surgeon stating that the dog has been vaccinated for rabies or any other contagious disease; and
"veterinary surgeon" means a veterinarian as defined in the Veterinary Surgeons Act (Cap. 61:04).
(1) A person shall not keep a dog unless he or she has been issued a licence under these Bye-laws.
(2) The types of dog licences and the applicable fees shall be as set out in Schedule 2.
(3) An owner of a dog shall, within four weeks of a dog attaining the age of three months, apply to an authorising officer for a dog licence in Form A set out in Schedule 1.
(4) An authorised officer, shall, on receipt of an application under subbye-law (3) and upon payment of a fee set out in Schedule 2 and after the production of a valid vaccination certificate by the applicant, issue the applicant a dog licence in accordance with Form B set out in Schedule 1.
(5) A person who contravenes subbye-law (1) commits an offence and is liable to a fine not exceeding P500 or to imprisonment for a term not exceeding two months, or to both.
(1) A licence issued under these Bye-laws shall be valid for an indefinite period, subject to payment of an annual licence fee as set out in Schedule 2, and compliance with the conditions upon which it is issued.
(2) A licensee shall not hire, cede, transfer or in any way whatsoever make over the licence to any other person.
(1) Where a dog licence is lost, destroyed or mutilated, the Council shall upon application by a licensee in Form C set out in Schedule 1 and upon payment of the fee set out in Schedule 2, issue a duplicate licence.
(2) Where a licensee recovers a licence which has been lost and replaced, he or she shall return the duplicate licence to the Council.
(1) The Council may at any time while a licence is in force, revoke the licence where the Council is satisfied that the keeping of a dog on the land or premises specified in the licence
(a) has caused or materially contributed to a nuisance or the likelihood of an injury or loss of life; or
(b) has led to a failure to comply with all or any of the terms and conditions of the licence.
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