Nuisances and Behaviour in Public Places By-law, 2015
- Published in KwaZulu-Natal Provincial Gazette 1490 on 11 September 2015
- Assented to on 24 June 2015
- Commenced on 11 March 2016
- [This is the version of this document from 11 September 2015 and includes any amendments published up to 10 August 2023.]
PreambleWHEREAS the Municipality has competence in terms of section 156 (2) of the Constitution of the Republic of South Africa to make and administer By-laws for the effective administration of the matters which it has the right to administer;WHEREAS the Municipality has competence in terms of Part B of Schedule 5 of the Constitution relating to such matters as the control of public nuisances, municipal roads, public places, and traffic and parking;AND WHEREAS there is a need to develop legislation to deal with the prevention or minimisation of public nuisances and to regulate behaviour in public places;NOW THEREFORE The Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Schedule 5 Part B of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context otherwise indicates –"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to–(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan Police Officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"construction" means any building work or demolition and any activity ancillary to such building work or demolition;"Head of Health" means the official of the eThekwini Municipality in charge of or responsible for the department of the Municipality dealing with matters relating to Public Health;"heavy-duty vehicle" means buses and earth-moving or earth-working vehicles;"motor-vehicle" means any self-propelled vehicle having an engine or motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such engine or motor for the purposes of transportation on any road of one or more persons or any material, item, substance or object, and includes a trailer, motor-bike, quad-bike or earth-moving or earth-working vehicle, but excludes any vehicle which is controlled by a pedestrian, or any vehicle with a mass not exceeding 230 kilograms which is specially designed and constructed solely for mobility of any person suffering from some physical defect or disability;"municipal council" or "council" means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution;"Municipality"means eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of the Republic of South Africa and established in terms of PN343 of 2000 (KwaZulu-Natal);"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act, 2000 (Act No. 32 of 2000) as the head of administration of the municipal council;"nuisance" means any conduct or behaviour by any person or the use, keeping, producing, by-producing, harbouring or conveying, as the case may be, of any item, substance, matter, material, equipment, tool, vegetation or animal or causing or creating any situation or condition in or on private property or in a public place or anywhere in the Municipality which causes damage, annoyance, inconvenience or discomfort to the public or to any person, in the exercise of rights common to all or of any person;"overnight" means the period from 20h00 in the evening to 06h00 in the morning;"public place" means–(a)a public road;(b)any parking area, square, park, recreation ground, sports ground, swimming pool, sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery which has– (i) in connection with any subdivision or layout of land into erven, lots or plots, been provided, reserved or set apart for use by the public or the owners or occupiers of such erven, lots or plots, whether or not it is shown on a general plan, plan of subdivision or diagram;(ii)at any time been dedicated to the public;(iii)been used without interruption by the public for a period of at least thirty years expiring after 31 December 1959; or(iv)at any time been declared or rendered as such by the Municipality or other competent authority;(c)a public transportation motor-vehicle; or(d)a municipal property, premises or facility which the public has access to,but will not include public land that has been leased or otherwise alienated by the Municipality;"public road" means any road, street or thoroughfare or any other place, whether a thoroughfare or not, which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes –(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare; and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"public transportation motor-vehicle" includes any train, bus, minibus or motorvehicle travelling on land, water or in the air, conveying members of the public at a fee; and"waste" means any substance, whether or not that substance can be reduced, reused, recycled and recovered–(a)that is surplus, unwanted, rejected, discarded, abandoned or disposed of;(b)which the generator has no further use of for the purposes of production;(c)that must be treated or disposed of; or(d)that is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, but–(i)a by-product is not considered waste; and(ii)any portion of waste, once re-used, recycled and recovered, ceases to be waste.
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
Objects of by-law
3. Objects of By-lawThe objects of this By-law are to provide–
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.
5. General prohibition and nuisance behaviour
7. Hanging of items on fences, walls, balconies or verandasNo person may dry, spread or hang washing, bedding, carpet, rags, or any other item–
10. Conduct regarding motor-vehicles
11. Skating, roller-skating and other dangerous acts
12. Obstructing, blocking or disturbing of traffic and pedestrians
13. Excavation in public places
15. Municipal property
16. Nuisance arising from the use of premisesNo owner, occupier or person in control of land or premises may use or allow such land or premises to be used in a manner which creates or is likely to create a nuisance.
General powers of the municipality
17. Goods and services offered for sale
18. Designated areasThe Municipality may in relation to any public place, to the extent empowered by law–
19. Restricted access
20. Powers of authorised officials
Offences and penalties
24. RepealsThe By-laws and Notices listed in the Schedule to this By-law are hereby repealed to the extent mentioned in the third column of the said Schedule.
26. Short title and commencement
History of this document
11 March 2016
11 September 2015 this version
24 June 2015