| There are numerous legal cases sited where dogs have attacked humans and in general most people know what action to take in a case like this. But as a pet owner, what are your rights should your pet be attacked?
The circumstance surrounding the attack will to a large extent determine your rights. One specific and very important factor is where your pet was at the time of the attack. For example, if your dog is on the street and is attacked by another dog, who is at fault? Generally in this case, both owners are liable as both pets are on public property.
If, for example, your pet is on your own property and is then attacked by another animal, it is a different story. According to the SPCA, if your dog is behind a closed gate and is attacked through the gate by another dog, which obviously is roaming the streets, then the other dog's owner is liable for expenses. In cases like these the SPCA will send an inspector to the responsible party to investigate whether they are taking the necessary precautions to contain their pet. They will receive a warning, but initially it is up to you as pet owner to contact the responsible person and get them to agree to carry the relevant veterinarian bills. Should you not be able to reach an amicable solution, the SPCA will intervene.
If your dog gets out and is attacked through a fence while the other dog is on its owner's property, you're responsible, because it is your duty as a responsible pet owner to ensure that your pet is kept safe at all times – and this includes preventing it from roaming the streets unattended.
Dog owners are accountable for various criteria related to dog ownership. The type of animal kept is a very important factor, as certain breeds of dogs are known to be more vicious than others. It is expected that your dog will be socialised and trained to ensure that it is more tolerable of both humans and other dogs. Owners must ensure that the dog is properly looked after and must ensure that they live according to rules, regulations and applicable by-laws.
On the subject of by-laws – the proposed new by-laws for Johannesburg in terms of pet ownership have been very contentious. By-laws vary from region to region, but have some similar elements. Some common aspects include the following:
Dogs:
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You are only allowed to keep 2 dogs. Should you at the time of the by-laws being passed own more than two, you may keep the other dog, but may not replace it when it dies
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You are not allowed to keep a wild, dangerous or fierce animal which could pose a danger to any person who legally enters your premises
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You may not keep a dog which has an infectious disease
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All dogs must be kept inside a properly fenced property
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No unsterilised female dogs over the age of 6 months may be kept unless the owner is a registered breeder and Council permission has been granted
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No bitches on heat may be kept or brought into Municipal areas
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All dogs must be on a leash and under proper control of the owner when being walked
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No dogs may cause a disturbance by barking, howling or crying
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No person may set a dog onto another person or animal
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No dog that appears to be aggressive or dangerous, may be kept where it could cause injury
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No person may provoke, harass or tease a dog
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No person may scare or cause stress to any dog with fireworks or by any other means
Cats:
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No more than 3 cats per property, unless the owner is a registered breeder and permission is obtained from the Council
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All cats must be sterilised (unless owner is registered as a breeder and has permission for this)
In terms of the above by-laws, should you own a pet that is older than 6 months and unsterilised, you will have to have it sterilised. Should this not be done, the pet would be impounded and put to death or sold within 96 hours. Also, if you fail to comply with by laws, you could be imprisoned for up to 6 months.
Each region has its own specific by-laws therefore it is important for pet owners to ensure they have the correct information. In most cases the by-laws or draft by-laws are available on municipality websites. Below are some of the links to major municipal websites:
Visit www. petwise.co.za and read more about pet nutrition and pet care. You can also learn about reliable manufacturers in the pet food industry, who are also members of the Pet Food Industry (PFI) Association. |
