And you can also be prosecuted for bad behaviour by your dogs – both inside and outside your property.
WHETHER you own a Pitbull or a Poodle, you as the owner are responsible for its behaviour.
The death of an 8-year-old boy who was killed by his neighbour’s Pitbull while he was playing in his own yard on Saturday, is just a tragic and unnecessary reminder of your responsibility as a pet owner.
Olebogeng Mosime’s death follows the mauling to death of another young child, Storm Nuku (10), who was killed by his own family’s Pitbulls last month. It is therefore little wonder that The Sizwe Kupelo Foundation has started a petition to ban the ownership of Pitbulls as pets.
Currently, there are no laws stating what dogs you can and cannot own as pets.
This topic is a very sensitive and controversial one, especially for owners of Pitbulls, most of who say their pets are placid and harmless. The saying of “it is not the breed but how the dog has been brought up” is always the first defence when people say the breed should be banned.
Ultimately though, whether it is the breed or your behaviour as an owner, the buck stops with you if your dog does anything wrong.
If your dog gets out of your property, regardless whether it is the first time or just a mistake from someone who left the gate open, and bites or injures someone, you will be liable for damages, says Maria Davey of Meumann White Attorneys.
“This includes medical expenses and compensation for pain and suffering, disfigurement, loss of earnings etcetera. You could also be prosecuted if you did not take adequate steps to keep the dog within the confines of your property.”
But what happens if your dog bites someone inside your property, like a trespasser or even a guest or delivery person?
Davey says: “There should be signs warning uninvited guests that there is a dog on the premises and that if they enter, they do so at their own risk. If the owner’s invited guest is bitten, the owner should have taken precautions against this and will be liable for damages.”
And this accountability is not only limited to serious injury of an innocent passer-by or a schoolchild taunting your dog at the gate. Dogs can also be nuisances while living in their own yards – such as continually barking, and this is something you as a pet owner need to understand and put a stop to.
Davey says there are municipal by-laws that deal with nuisances, which is what a dog’s incessant barking could be classed as.
“You can report it to [your municipality] who will investigate. They can then refer it to Court and the prosecutor will decide if there’s any merit in proceeding with a prosecution. If there’s a prosecution the Magistrate could issue a fine against the owner or an order that the animal be removed. The barking does need to be a nuisance though.”
Another annoyance many people experience is that of roaming dogs ripping open garbage bags that are put outside for municipal collection. Or they just wander the streets inciting more barking from dogs inside their properties. Whatever the disturbance, Davey says you as the owner are liable. And neighbours are entitled to report you and your dogs to the Metro Police.
“It’s a nuisance and having dogs in public areas without a leash is an offense in terms of the by-laws.”
While these situations generally apply to people living in normal neighbourhoods, the issue can be just as serious if you live in an estate without a fence, and your dog roams around.
“Most Home Owner Associations (HOA) and Body Corporates (BCs) have rules about this, but if not, the dog roaming is not acting against its nature. If there are rules, the HOA/BC need to enforce them and if necessary, obtain a court order,” she says.
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