Matthew Jordaan

JP Smith

BRONWYNNE JOOSTE

Metro Writer

The City of Cape Town’s new impoundment policy will target noisy nightclubs and shebeens as well as animals that “roam freely on a public road”.

The city said the policy, would give officials more clout in enforcing all by-laws.

It is designed to standardise the impoundment of all goods and animals.

At the moment, for noise nuisances, the city can confiscate sound equipment when dealing with an offending establishment.

JP Smith, the mayoral committee member for safety and security, said the new policy was expected to put the city on a “solid legal footing” when it comes to impoundment.

The policy includes dogs, cats, poultry, horses, pigs, and wild or exotic animals.

At the moment, officials can impound goods when city by-laws are being contravened.

However, according to the draft policy, officials have experienced “challenges”

because there was no policy dealing with the impoundment of goods or animals.

“This led to a culture of reluctance to enforce the laws which authorise the city to impound goods or animals,” the policy states.

It will also “mitigate the risks” the city could face when impounding goods in an “ad hoc manner”.

It says officials must consider issues like the number of complaints received and whether the offender had taken steps to deal with the matter.

Another factor is whether the goods are disturbing the peace or being used in illegal trading, and if complaints against the same offender have come through within 24 hours.

Animals who “roam freely on a public road” also face impoundment.

There will be daily storage costs for goods, with the owner footing the bill.

A section also deals with the disposal of impounded goods.

Goods that have not been claimed within 90 days will be sold off at public auctions.

Smith said city establishments creating noise nuisances were immediately more compliant when there was a threat that their sound equipment could be confiscated.

“We are being faced with shebeens and clubs who generate many complaints. They are holding their neighbours hostage.”

Smith said one nightclub, 121 in Bo-Kaap, had generated 83 complaints in one weekend. The club was taken to the municipal court last year for contravening noise by-laws. Law enforcement officers had visited the homes of residents near the club. The club has since closed.

Officers testified to seeing furniture vibrate in the homes of the complainants because of the club’s music.

“It (seizing sound equipment) does increase compliance. When we issue warnings, there is a genuine and enthusiastic move to comply.

“This policy is really taking us forward,” Smith told the committee.

bronwynne.jooste@inl.co.za