(1) An animal found—
(a) tied, wandering, straying, or lying in such a manner as to cause obstruction, danger, damage or injury to any user of the highway or a public place;
(b) on any land adjacent to or adjoining a public way or highway which pose a threat of wandering unto the public way or highway,
may be seized by an authorized person and taken to an animal pound where the animal shall be impounded until its owner claims it and pays all the reasonable expenses incurred in its seizure and confinement, or until it is sold pursuant to section 23.
(2) The owner of an animal—
(a) who allows it to stray or ties or allows it to be tied; or
(b) which is otherwise found trespassing,
on or near a highway in a manner that is likely to cause obstruction, damage or injury to any user of the highway commits an offence and is liable on summary conviction to a fine of $5,000 or to imprisonment for 2 years or both.
(3) Where an animal cannot be seized or poses immediate danger to users of the public way or highway pursuant to subsection (1)—
(a) a police officer in uniform may shoot or immobilize the animal; or
(b) an authorized person may immobilize the animal.
(4) Where an animal is immobilized or shot in accordance with subsection (3)—
(a) the owner of the animal, if known, shall be notified by the police and he or she shall remove the animal or the carcass within 4 hours; or
(b) the animal or the carcass may be removed by the police and disposed of and the owner may be surcharged for the expense incurred in the removal and disposal.
(5) The Minister may make regulations concerning the manner of disposal of an animal or a carcass under subsection (4).
(Amended by Act 27 of 2005)
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