Metered Parking By-law, 2006

Jurisdiction: eThekwini
Date: 9 February 2006
Language: English
Type: By-law

eThekwini
South Africa

Metered Parking By-law, 2006

Published in KwaZulu-Natal Provincial Gazette 6464 on 9 February 2006
Commenced on 9 February 2006
[This is the version of this document from 9 February 2006.]

1. Definitions

"authorised officer" shall mean a Peace Officer, Traffic Warden or person appointed by the Council to carry out enforcement of these bylaws."ambulance" shall mean a motor vehicle specially constructed or adapted for the purposes of conveyance of the sick or injured to or from a place for medical treatment."breakdown vehicle" - shall mean a motor vehicle designed or adapted solely for the purposes of recovery or salvaging motor vehicles and which is registered as a breakdown vehicle."Council" shall mean the eThekwini Municipality, as established under Proclamation 343 of 2000, in terms of the Local Government : Municipal Structures Act, 1998 (Act No. 117 of 1998)."fire-fighting vehicle" shall mean a motor vehicle designed or adapted solely or mainly for fighting fires and which is registered as a fire-fighting vehicle."Kerb line" shall mean the boundary between the shoulder and the verge or in the absence of a shoulder, the part between the edge of the roadway and the verge."Methods of Payment" shall include South African coins, credit or smart card, whichever is indicated on the meter or pay and display machine"metered parking" shall be parking within the jurisdictional area of the eThekwini Municipality, for which the stay of a motor vehicle shall be metered by either a parking meter or a pay and display machine, and charged out at the prescribed rate determined, by the Municipality in accordance with the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)."metered parking bay" shall mean an area demarcated for parking by means of road markings in terms of the Road Traffic Act, to which a meter or pay and display machine is installed for measuring parking."Motor Vehicle" shall mean any self-propelled vehicle and includes-:(a)a trailer(b)a vehicle having pedals and an engine or an electrical motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not include:-(i)any vehicle which is propelled by electrical power derived from storage batteries and which is controlled by a pedestrian.(ii)any vehicle with a mass not exceeding 230 kilograms and specifically designed and constructed, and not merely adapted, for the use of any person suffering from some physical defect or disability and used solely by such person."owner" in relation to a motor vehicle shall mean; —(a)the person who has the right to the use and enjoyment of a motor vehicle in terms of the Common Law or a contractual agreement with the title holder of such motor vehicle.(b)a motor dealer who is in possession of a vehicle for the purposes of sale and who is registered as a motor dealer."park" for the purposes of these bylaws means to keep a vehicle stationary, whether occupied or not, and whether the engine is running or not, within a metered parking bay."parking meter" shall mean any mechanical, electrical or electronic device or appliance designed for the purpose of automatically measuring and indicating the period of time within which a motor vehicle is or may legally be parked in a metered parking bay, and includes the stand to which the meter is affixed."Pay and Display Machine" is a parking meter (including the plinth) which upon payment of the prescribed fee issues a ticket indicating the date of issue and period of time within which a vehicle may be legally parked in a metered parking bay."Public Road" shall mean a road or street or thoroughfare or any other place which is commonly used by the public or any section thereof which the public or any section thereof has a right of access and includes the verge of any such road, street or thoroughfare."Prescribed Fee" shall mean Councils Tariff of Charges, as contained in Schedule 1."Pound" shall mean a place declared as a pound where impounded vehicles are stored"Shoulder" shall mean that portion of the road or street or thoroughfare, between the edge of the roadway and the curb line."Ticket" in relation to parking, shall be a written record of the period and time purchased from a pay and display machine and shall indicate, inter alia, the date of purchase, to which it applies and the time of expiry of the validity"Unique number" shall mean the exclusive serial number, which is printed on the ticket generated by the pay and display machine."verge" shall mean that portion of the road, street or thoroughfare, between the road edge and the boundary demarcating the road reserve and which includes the sidewalk.

2. Onus of proof

2.1Where in any prosecution in terms of these bylaws, it is material to prove who parked the motor vehicle, it shall be presumed until the contrary is proved by the owner adducing evidence of the driver, that such vehicle was parked by the owner

3. Powers of Council in relation to metered parking

The Council shall have the power to —

3.1determine areas which are suitable for metered parking within its jurisdiction.

3.2charge a fair and reasonable parking fee, which fee may be increased or decreased when the Councils annual budget is approved.

3.3prescribe a different fee for different public roads within the areas designated for metered parking.

3.5temporarily cordon off metered parking bays, when it is sufficiently necessary to do so, by displaying a sign at least at the beginning an the end the of the bays which will be are affected by such cordon.

3.6cause to be towed away by authorised officers, any motor vehicle;-

(a)without notice to the owner/driver of such vehicle, where such vehicle is parked:

(i)in a dangerous manner or causes an obstruction to vehicular or pedestrian traffic;

(ii)in a loading zone

(iii)in a bay allocated for disabled persons to park

(b)twenty minutes after issuing the appropriate notice in terms of section 341 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977 where such motor vehicle is parked:

(i)after the expiry of the time indicated on a valid parking ticket

(ii)in a bay where the parking meter is inoperable

4. Installation of parking meters and pay and display machines

4.1The Municipality may install or cause to be installed parking meters and/or pay and display machines, on any public road, or portion thereof or any public place within its area of jurisdiction

4.2The Municipality shall determine the number of metered parking bays and demarcate the metered parking bays in accordance with Regulations

4.3The Municipality shall identify metered parking bays, in a manner which is clearly visible

5. Information to be displayed on parking meters and recorded by pay and display machines

5.1Parking meters shall display the following information:-

5.1.1The time period for which the owner has paid for such parking, up to a maximum time allowed as stated on the meter.

5.1.2An indicator which shows the expiration of the time period in 5.1.1 above as having lapsed.

5.1.3Times of operation of meters.

5.1.4Methods of payment.

5.1.5Instructions on how to operate meters.

5.2A pay and display machine shall record the following information, in a printed format on the ticket:-

5.2.1The time at which the owner purchases parking, i.e the time at which the ticket is generated.

5.2.2The time period for which the owner of the vehicle may park

5.2.3The machine at which the ticket was printed.

5.2.4The unique number.

6. Manner of display of ticket

6.1The ticket generated by the Pay and Display machine must be displayed on the inside of the motor vehicle securely on the dashboard, or a licence disc holder on the windscreen, and must be visible from outside the front windscreen.

7. Manner of parking

Every motor vehicle shall be parked wholly within the parking bay and no part of such motor vehicle shall protrude outside the limits of that demarcated bay.

8. Exemptions

8.1Despite the provisions of these bylaws, persons in charge of a motor vehicle set out hereunder shall be exempt from payment of the prescribe parking fee.

(a)a vehicle used as an ambulance whilst being used for ambulance duties;

(b)a vehicle used as a fire brigade whilst attending fire and rescue operations;

(c)a vehicle being used by a member of any police force or Traffic Officer or authorised officer whilst exercising his official duties;

(d)a motor vehicle being driven by a person with a permanent physical disability or mobility impairment or a motor vehicle being used convey a person.

8.2There shall be no charge for metered parking:-

(a)on Saturdays from 13h00,

(b)on Sundays and public holidays, unless otherwise stated on signage;

(c)on any weekday after 17h00 until 8h00 the following day, or as may be indicated on signage.

9. Parking for persons with a permanent physical disability or mobility impairment

9.1A person with a permanent physical disability or mobility impairment must display his permit when making use of metered parking

9.2Any person issued with such permit in 9.1 above, must display such permit on the right hand corner of the motor vehicle windscreen, in a manner which is obvious and clearly visible at all times whilst parked in a metered parking bay.

10. Inoperable meters and inoperable and faulty pay and display machines

10.1

(a)No person shall park in a metered parking bay where a parking meter is inoperational or faulty.

(b)Where a pay and display machine is inoperable a person may park within the demarcated bay and make payment at any other operable pay and display machine.

10.2Where a pay and display machine is otherwise operable and has recorded payment but fails to produce a properly printed ticket, the paying person may park in the demarcated parking bay but must make payment again utilising any other operable pay and display machine, whereafter, the person so paying shall produce his faulty ticket as proof of payment and be refunded the money so paid.

11. Towing of motor vehicles

11.1Authorised Officers may cause any motor vehicle towed in terms of clause 3.6 above to be impounded, until such time as payment has been made, and the driver of the vehicle has produced his identification document or drivers licence and address.

11.2The Council shall not be liable for any damage caused to a vehicle so towed and impounded.

12. Offences

No Person shall —

12.1Park in a metered parking bay, without paying the prescribed fee, unless exempt by clause 8 hereto

12.2Remain in a metered parking bay, after the expiration of the period for which he may remain legally parked, whether he pays for his over stay or not

12.3Deface or tamper with a parking meter or pay and display machine or appurtenance thereto, or affix or attempt to affix or place any placard advertisement, notice, list, document, board or thing, or paint or write thereon.

12.4Remove, deface or tamper with a parking ticket.

12.5Use anything other than the means of payment, indicated on the parking meter or the pay and display machine for the payment of parking.

12.6Utilise a physically challenged persons permit issued to a physically disabled person when such person is not in the vehicle

12.7Park and stop a vehicle in a metered parking bay at any time prohibited by a road traffic sign displayed in accordance with any other law.

13. Penalty clause

Any person who contravenes any section of these bylaws shall be guilty of an offence and liable upon conviction to payment of a fine, or imprisonment of not more than six months.

14. Non-exemption

Persons who pay another person to perform a security function, or to watch over his motor vehicle, shall not be exempt from paying the prescribed fee for parking.

15. Tariff of charges

As per Schedule 1

Schedule 1

1.	Fee For metered parkingPer hour	R 3.80
2.	Fee for Towing	R290
3.	Fee for Storage of vehicle, per day after forty eight hours	R 5

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History of this document

09 February 2006 this version

Published in KwaZulu-Natal Provincial Gazette 6464

Commenced