Joburg By-Laws Consequences and Suggestions

Intended Outcomes Reduce Animal Cruelty Reduce Animal Negligence Reduce Animal Nuisances Provide Opportunity For Confiscation Limit animal numbers in homes Unsanitary Conditions caused by Animals Injury to persons and property by Animals

Obstacles Reduce Animal Cruelty Reduce Animal Negligence Reduce Animal Nuisances Provide Opportunity For Confiscation Limit animal numbers in homes Unsanitary Conditions caused by Animals Injury to persons and property by Animals Cruelty and negligence can occur where there is a single animal; they are not ‘caused’ by numbers, they are caused by attitudes and values and may be impacted by a lack of resources. The mere presence of a larger quantity of animals does not automatically lead to cruelty; they are unrelated phenomena. Volume is not a necessary condition for negligence or cruelty.

Reduce Animal Nuisances Provide Opportunity For Confiscation Limit animal numbers in homes Unsanitary Conditions caused by Animals Injury to persons and property by Animals Nuisances such as noise and strays, both ‘disturbances to the community’, are not caused by additional numbers. A noise nuisance is not caused by having one or two extra animals; A single dog could easily constitute a noise nuisance, and it is debatable whether the nett effect of the difference in noise between, say, 6 dogs and 4 dogs is discernible. Strays are the result of inadequate fencing and poor discipline and control over an owner’s pets. How many pets there are is irrelevant.

Provide Opportunity For Confiscation Limit animal numbers in homes Unsanitary Conditions caused by Animals Injury to persons and property by Animals How limiting animals in homes will reduce unsanitary conditions caused by animals is difficult to understand. It is arguable that this would only be true for households where unsanitary conditions prevail or in the case of strays who can defecate wherever they like. It is not true of any home in which cleanliness regimens are followed. If we refer to strays, the fact that they are stray is the primary condition that leads to them causing unsanitary conditions, and limiting the numbers for individual households is not a cure for the condition. The APA already states that animals are not allowed in public without a lead, and that owners must provide for the health of their animal(s)

Provide Opportunity For Confiscation Limit animal numbers in homes Injury to persons and property by Animals It is a mystery how reducing the number of animals people may own will have any effect whatsoever on injury to property and persons. If by ‘property and persons’ we mean those injured by strays, and it is difficult to see how it can mean anything else, then the fact that they are stray is the primary reason for the injury; it is not likely to happen in the home unless people are abusing the animal, in which case they would be getting their just desserts anyway. Reduce the strays through better use of leads and fences, not by reducing the numbers of animals in homes. Both of these are already covered in the APA.

Provide Opportunity For Confiscation Limit animal numbers in homes The burden of proof has been reversed. Once an official has made a decision that a specific household does not comply, that household must then prove that their ‘excess’ animals are justified. Effectively, they have been found guilty of an offence without trial, and must prove their innocence. This is contrary to the assumption in our law that someone is innocent until proven guilty. It is contrary to our Bill of Rights.

Reduce Foster Care Capacity Increase Shelter Populations Increase Abandonment - More strays Social Effects of having to give up animal companions and euthanize animals – anxiety and trauma Limit animal numbers in homes MORE Unsanitary Conditions caused By Animals MORE Injury to persons and property by Animals What WILL happen… Euthanize more animals People give up their animals No sterilisation laws Backyard breeding continues Less homes available

Reduce Animal Cruelty Reduce Animal Negligence Reduce Animal Nuisances Reduced Unsanitary Conditions caused by Animals Less Injury to persons and property by Animals The REAL Solution… Education Sterilisation Less Animals in Shelters Encourage Fostering and Adoption Less strays Reduced Opportunity for Puppy Mills More Animals Homed and Less Euthanized Better Care and Control of Animals POSITIVE SOCIAL EFFECT Much less Backyard Breeding

Conclusion  Implement the following:  Sterilisation certificate IS the license, and make it illegal to own an unsterilised animal unless you are a registered breeder. Use the ‘permit’ infrastructure to register breeders.  Government must subsidise sterilisation cost and create sterilisation clinics.  Develop education programmes and subsidise training in animal care.  Stop Pet Shops from trading in pets  Support Fostering and Adoption  Make Home Checks Mandatory for anyone who sells or offers animals for adoption