Johannesburg
South Africa
Public Open Spaces By-law, 2026
The Municipal Manager of the City of Johannesburg Metropolitan Municipality hereby, in terms of Section 13(a) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), publishes the Public Open Spaces By-laws, 2003, for the City of Johannesburg Metropolitan Municipality, as amended and approved by its Council on 2 December 2025, as set out hereunder.Chapter 1
Interpretation and fundamental principles
1. Definitions and interpretation
(1)In these by-laws, unless the context otherwise indicates:"active game" means any physical sport, game or other activity participated in by one or more persons which is undertaken within a public open space other than in an area set aside for that purpose, and which may cause injury to other users of the public open space, a nuisance or damage to vegetation or municipal property within a public open space and includes but is not limited to, rugby, golf, archery, football, tennis, badminton, hockey, netball, volleyball, skate-boarding, roller-skating and in-line skating;"amenity" means any item installed in a public open space that is intended to enhance the public open space or benefit the public, such as public art, memorials or sculptures;"angling/angle" means the catching of fish in a water body by means of a line and hook, whether or not any rod or lure is used, and includes any such attempt or assistance, and includes the use of a landing-net or keep-net to land and keep fish caught by means of a line and fish-hook;"authorised official" means:(a)any official of the Council or of an entity of the Council;(b)an employee of a management authority, or other person, acting as such on the written authorisation of a management authority;(b)an enforcement officer,who is authorised to administer, implement and enforce the provisions of these by-laws."capture", in relation to an animal, means, to catch or to take alive without killing the animal and includes an attempt or pursuit with the intent to capture, to catch or to take the animal alive;"conservation public open space" means public open space which is managed by or on behalf of the Council for conservation purposes, and includes any nature reserve, conservation areas, greenbelt, ravine, bird sanctuary and site of historic, ecological or archaeological value;"Council" means:(a)the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No 6766 of 2000 dated 01 October 2000, as amended, exercising its legislative and executive authority through its municipal Council; or(b)its successor in title; or(c)any municipal entity, structure or person exercising a delegated power or carrying out an instruction, where any power in these by-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000); or(d)a service provider fulfilling a responsibility under these by-laws, assigned to it in terms of section 81(2) of the Local Government: Municipal Systems Act (Act No. 32 of 2000) or any other law, as the case may be."Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act 51 of 1977);"designated area" means an area defined, set aside and designated by the Council as an area in which an active game or any other specific activity or conduct, which would otherwise be prohibited under Chapter 3 of these by-laws, may be undertaken;"encroachment" means any object, natural or manmade, including but not limited to: plant material or an item or structure of personal property, which is left or installed on property, designated as a public open space;"enforcement officer" means a peace officer as contemplated in terms of section 334 of the Criminal Procedure Act and includes:(a)a member of the South African Police Services (SAPS);(b)a member of the Johannesburg Metropolitan Police Department (JMPD);(c)any authorised official who is designated as a peace officer;"environment" means the surroundings within which humans exist and that are made up of:(a)the land, water and atmosphere of the earth;(b)micro-organisms, plant and animal life;(c)any part or combination of paragraphs (a) and (b) and the interrelationships among and between them; and(d)the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being;"environmentally sustainable" means the exercising of any decision-making powers or performance of any activities in a manner aimed at ensuring that(a)the risk of harm to the environment and to human health and safety is minimised to the extent reasonably possible under the circumstances;(b)the potential benefits to the environment and to human health and safety are maximised to the extent reasonably possible under the circumstances; and(c)legislation intended to protect the environment and human health and safety is complied with;"graffiti" means any unauthorised inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface within a public open space, including but not limited to buildings, walls, signs, structures or places, rocks, trees, stumps or logs, or other surfaces, regardless of the nature of the surface or its location in the public open space;"Helliwell system" is an international benchmarking system used to assess the value of trees based on seven factors: size, location, girth, species, height, botanical value and life expectancy;"Illegal felling" means the felling, lopping, or pruning of a tree without the necessary permit;"indigenous species" means, in relation to a specific area, a species that occurs, or has historically occurred, naturally in a free state in nature within that specific protected area, but excludes a species introduced in that specific area as a result of human activity;"local community" means that body of persons comprising:(a)the residents of the area in which a public open space is situated;(b)the ratepayers of the area in which a public open space is situated; and(c)any civic organisation and non-governmental or private sector organisation or body which is involved in local affairs in the area in which a public open space is situated;"local protected area" means a nature reserve or protected environment managed by a municipality;"management", in relation to a public open space, includes control, protection, conservation, maintenance and rehabilitation of the public open space with due regard to the use and extraction of biological resources, community-based practices and benefitsharing activities;"management authority" means, in relation to a public open space, the municipal entity or other institution or person in which the authority to manage and control the public open space is vested through powers delegated to it by Council or another authorised institution;"municipality" means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"municipal entity" means:(a)a private company referred to in section 86B(1)(a) of the Municipal Systems Act;(b)a service utility; or(c)a multi-jurisdictional service utility;"municipal manager" means a person appointed as such by the Council in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No 117 of 1998);"municipal property" means any structure or thing owned or managed by or on behalf of the Council and which is incidental to the use and enjoyment of a public open space and includes any building, lapa, kiosk, bench, picnic table, playground and any other equipment, fountain, statue, monument, fence, pole, notice, sign, enclosure, cage, railing, walkway, ticket booth, turnstile or wall;"Municipal Systems Act" means the Local Government: Municipal Systems, 2000 (Act No. 32 of 2000);"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No. 107 of 1998);"notice" means a clear and legible official notice drawn up by the Council in English and one other official language and prominently displayed in a public open space;"nuisance" means an unreasonable interference or likely interference with:(a)the health or well-being of any person;(b)the use and enjoyment by an owner or occupier of his or her property; or(c)the use and enjoyment by a member of the public of a public open space;"organ of state" means:(a)any department of state or administration in the national, provincial or local sphere of government; and(b)any other functionary or institution:(i)exercising a power or performing a function in terms of the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996) or a provincial Constitution; or(ii)exercising a public power or performing a public function in terms of any legislation, but does not include a court of law and a judicial officer;"pathway" means a multi-purpose path that is located in a public open space and includes paved; tarmac and gravel pathways;"peace officer" means a person appointed as a peace officer in terms of section 334 of the Criminal Procedure Act;"permit" means a valid and subsisting permit issued by the Council pursuant to this by-law;"person" means a natural person or a juristic person, and includes an organ of state;"plant material" includes all trees, shrubs, plants, flowers, natural grass and ground cover;"pollution" means any change to the environment caused by:(i)substances;(ii)radioactive or other waves;(iii)noise, odours, dust or heat."prescribed fee" means a fee determined by the Council by resolution in terms of section 10G(7)(a)(ii) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable legislation;"printed matter" includes any advertisement, billboard, poster, book, pamphlet or handbill;"prohibited activity" means any activity or behaviour which is prohibited in terms of Chapter 3 from being undertaken in a public open space, either completely or without permission;"public open space" means any land which:(a)is owned by an organ of state, or(b)over which an organ of state has certain real rights arising from the filing in the Deeds Office or other registration office of a general plan of a township, agricultural holding or other division of land, or any alteration, addition to or amendment of such land approved by the Surveyor-General, on which is marked the land to which the public has a common right of use;(c)and is controlled and managed by the Council;(d)and is either:(i)set aside in terms of any law, zoning scheme or spatial plan, for the purpose of public recreation, conservation, the installation of public infrastructure or agriculture; or(ii)predominantly undeveloped and open and has not yet been set aside for a particular purpose in terms of any law, zoning scheme or spatial plan;"public utility open space" means public open space, which is managed by or on behalf of the Council for utility services and includes road reserves and areas subject to electrical, pipeline and other public utility services;"recreational public open space" means public open space, which is managed by or on behalf of the Council for public recreational purposes, and includes any park, botanical garden, zoological garden, sportsground and playground, but excludes any golf course;"reside" means to dwell permanently or continuously;"resident" means a person who resides in, is a property owner or ratepayer, or who is employed within or is registered with an educational institution within the area of jurisdiction of the Council;"road reserve" means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic and which is between the edges of the roadway and that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway or shoulder;"special event" means a parade, procession, race, concert, show, exhibition, festival, ceremony, religious or cultural activity, film shoot, photographic shoot or any other event which requires, for that purpose, exclusive use of a part of a public open space;"tree" means any woody plant that has reached a height of at least three (3) meters;"urban agricultural public open space" means public open space, which is managed by or on behalf of the Council for urban agricultural purposes and as defined in the City of Johannesburg land scheme;"vehicle" means a device designed or adapted mainly to travel on wheels, but excludes a wheelchair and children's pushchair and perambulator;"vessel" means any waterborne craft of any kind, whether self-propelled or not, but does not include any moored floating structure that is not used as a means of transporting anything by water."waste" means any substance, whether or not that substance can be reduced, re-used, 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 in the Gazette, and includes waste generated by the mining, medical or other sector but:(e)a by-product is not considered waste; and(f)any portion of waste, once re-used, recycled and recovered, ceases to be waste;"water body" means any body of water within a public open space and includes a pond, fountain, artificial watercourse, dam, lake, canal, reservoir, stream, river and wetland, whether the water therein is fresh or not, and includes the bank thereof and any part of such waters but excludes designated swimming pools;"zoological garden" means a parklike area in which live animals are kept in cages or large enclosures for public exhibition.(2)If any provision in these by-laws vests or imposes any power, function or duty of the Council in or on an employee of the Council and such power, function or duty has, in terms of section 81(2) of the Local Government: Municipal systems Act, 2000, or any other law, been assigned to a service provider, the reference in such provision to such employee must be read as a reference to the service provider or, where applicable, an employee of the service provider authorised by it.2. Application of by-laws
(1)These by-laws apply to every public open space, which falls under the jurisdiction of the Council, but do not apply to cemeteries.(2)These by-laws are binding on the state.3. Purpose of by-laws
The purpose of these by-laws is to provide, in conjunction with other applicable legislation, an effective legal and administrative framework:(a)to ensure that the way in which the Council controls, manages and develops public open spaces is environmentally sustainable, and is in the long-term interests of the whole community of Johannesburg, including future generations; and(b)which clearly defines the rights and obligations of the public in relation to public open spaces If any provision of this by-law is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.Chapter 2
Management and administration of public open spaces
4. Principles of by-laws
(1)Public open spaces must be managed and, where appropriate, sustainably developed in the interests of the whole community and in determining the interests of the whole community:(a)the long-term collective interests of the people of Johannesburg, and of South Africa, must be prioritised over the interests of any specific interest group or sector of society;(b)a long-term perspective, which considers the interests of future generations, must be adopted; and(c)the interests of other living organisms which depend on public open spaces must be considered.(2)Public open spaces must be managed in an environmentally sustainable manner.(3)Subject to the provisions of subsections (5) and (7), people must be given access to public open spaces on a non-discriminatory and equitable basis.(4)If necessary, special measures must be taken to facilitate access to public open spaces by historically disadvantaged persons and by disabled persons.(5)Access to a public open space may be restricted in a manner, which does not discriminate unjustifiably against any person or class of persons:(a)if the restriction is authorised by these by-laws or by any other law; or(b)in order to achieve the purposes of these by-laws.(6)The recreational, educational, social and other opportunities which public open spaces offer must be protected and enhanced to enable local communities, particularly historically disadvantaged communities and the public to improve and enrich their quality of life.(7)Local communities must be encouraged to use and care for public open spaces in their areas.(8)The natural environment and heritage resources within public open spaces must be identified, preserved, protected and promoted, for the benefit of the local community, the public and future generations.5. Application of principles
The public open space management principles set out in section 4, and the national environmental management principles set out in section 2 of the National Environmental Management Act must be considered and applied by any person:(a)exercising a power or function or performing a duty under these by-laws;(b)formulating or implementing any policy which is likely to have a significant effect on, or which concerns the use of, public open spaces within the Council's jurisdiction; or(c)exercising a public power or function or performing a public duty, which is likely to have a significant effect on, or which concerns the use of, public open spaces.6. General powers of Council
The Council may, in relation to any public open space:(a)designate any area within a public open space as an area within which one or more activities otherwise prohibited in terms of these by-laws may be undertaken, and display a prominent notice to this effect at every entrance to the designated area;(b)develop any public open space in accordance with the principles set out in section 4;(c)erect, construct, establish or demolish municipal property; and(d)exercise any other power reasonably necessary for the discharge of the Council's obligations in terms of these by-laws relating to the management of public open spaces.7. Fees
Any member of the public must pay:(a)a prescribed fee to use recreational or other facilities which the Council provides within any public open space;(b)a prescribed fee for entrance to any public open space which is significantly more expensive to maintain than other public open spaces, such as botanical gardens;(c)a prescribed fee for the right to undertake a special event;(d)a prescribed fee for the right to use municipal property exclusively for a specific period;(e)a deposit prior to undertaking a prohibited activity permitted by the Council;(f)an annual or monthly fee for the right to use urban agricultural public open space to the exclusion of any other person; and(g)a prescribed fee for processing applications for permits or letters of permission under these by-laws,if such a fee or deposit has been determined by the Council.8. Restricting access
The Council may restrict access to any public open space or to any part of a public open space for a specified period of time:(a)to adhere to any directives or regulations issued by Government in terms of the Disaster Management Act 57 of 2002, or any related legislation;(b)to effectively implement and enforce any necessary health and safety protocols;(c)to protect any aspect of the environment within a public open space;(d)to reduce vandalism and the destruction of property;(e)to improve the administration of a public open space;(f)to develop a public open space;(g)to enable a special event which has been permitted in terms of section 25 to proceed; or(h)to undertake any activity which the Council reasonably considers necessary or appropriate to achieve the purposes of these by-laws.9. Powers of authorised officials
In relation to any public open space, an authorised official may:(a)to the extent authorised by the Council, administer, implement and enforce the provisions of these by-laws;(b)issue a notice in terms of section 22 of these by-laws;(c)instruct any person to leave a public open space if the authorised official reasonably believes that the person is contravening any provision of these by-laws, and fails to cease immediately such contravention upon the instruction of that official; and(d)if such official is a peace officer, exercise any power which may be exercised by a peace officer under the Criminal Procedure Act, including but not limited to(i)issuing of notices in terms of section 341 of the Criminal Procedure Act;(ii)issuing of notices in terms of section 56 of the Criminal Procedure Act;(iii)executing warrants of arrest in terms of sections 44 and 55(2) of the Criminal Procedure Act;(iv)exercising those powers conferred upon a peace officer in terms of section 41(1) of the Criminal Procedure Act;10. Obligations in relation to public open spaces
(1)The Council must within a public open space display any notice required under these by-laws.(2)In relation to recreational public open spaces, the Council must:(a)ensure that they are open to the public between 06h00 and 18h00, unless determined otherwise by the Council from time to time for which a prominent notice must be displayed, and;(b)the aforesaid notice must be displayed prominently at:(i)the opening and closing times of that recreational public open space; and(ii)any rules made by the Council in relation to that recreational public open space.Chapter 3
Prohibited conduct
11. Prohibited activities
(1)Any person who undertakes an activity or behaves in a manner that is prohibited in terms of these by-laws, commits an offence unless, in addition to any exceptions contained in sections 12 to 18, that activity or conduct:(a)takes place in a designated area within which that activity or conduct is allowed; or(b)is authorised in terms of a permission granted or permit issued in terms of sections 24, 25 or 26; or(c)is deemed to be authorised by the Council under subsection (2).(2)Subject to the provisions of subsection (3), a person is not in contravention of any provision of section 12 to 18 if that person needs to undertake the prohibited activity:(a)to perform his or her obligations as an employee, agent or contractor of the Council under his or her contract with, or mandate from, the Council or to achieve the purposes of these by-laws;(b)to carry out public duties as an employee, agent or contractor of an organ of state within a public open space which is subject to a public utility servitude in favour of that organ of state;(c)to fulfil his or her duties as an authorised official; or(d)to fulfil his or her duties as a peace officer.(3)Subsection (2) must not be interpreted to allow a contravention of section 12(a) or (m) or any activity, which the Council has expressly refused to permit.12. General prohibition
No person may within a public open space:(a)act in a manner which is dangerous to life or property;(b)contravene the provisions of any notice within any public open space;(c)obstruct or interfere with any authorised official in the exercise of his/her duty or disobey his/her lawful instructions;(d)unlawfully enter a public open space to which access has been restricted in terms of section 8;(e)enter a public open space or remain in a public open space when it is closed;(f)exit a public open space otherwise than through the gateways or other openings provided for that purpose;(g)hold or address a public meeting or religious service except pursuant to a permit or agreement between that person and the Council or management authority;(h)possess any firearm, air gun, knife, or any other weapon;(i)possess any explosives or fireworks;(j)climb any tree or shrub or climb any fence, railing or wall;(k)walk upon flower beds, shrubberies, enclosed plantations or other enclosed areas;(m)behave in an indecent or offensive manner or use obscene or profane language;(n)injure, disfigure, write graffiti on or mark or otherwise cause damage to municipal property;(o)damage, irritate, hurt or in any way, whether directly or indirectly, disturb any plant or animal; plant any plant material or release a wild animal into a public open space;(p)angle, attempt to angle, catch or attempt to catch fish other than in an area designated for such purpose for consumption or otherwise;(q)feed any animal or leave food where it could reasonably be accessed by animals;(r)use any municipal property in any manner other than that for which it is intended;(s)sleep overnight or camp overnight or erect any shelter, unless in an area designated for this purpose by, or with the written consent of the Council.(t)fell, lop, ring bark, or prune a tree without the written consent of Council.(u)hunt, catch, kill, slaughter or skin any animal in any public open space.13. Prohibited use
No person may within a public open space:(a)bathe, wade, or swim in or wash him or herself, an animal or any object, including clothing, in any water body;(b)make, light or otherwise start a fire, except in a designated area, in which case such person shall be responsible for the safe extinguishing of such fire;(d)possess, consume, brew, store or sell any alcoholic beverage;(e)consume, inject, inhale or otherwise absorb any tobacco products or illegal drugs or solvents;(f)use any sound equipment, including a radio, portable hi-fi or car stereo;(g)play an active game, except in an area designated for that purpose on a sport playing field or on a golf course; or(h)shoot a projectile of any nature;(i)operate a drone or other photographic aircraft device(j)sail, row, paddle, propel, control or otherwise have in his or her possession any self-propelled vessel or similar article, or any model ship or boat driven by an internal combustion engine, on any water body owned or controlled by Council, except pursuant to a permit or agreement between that person and the Council or management authority;(k)cycle on any road, pathway or track which has been designated as closed to cyclists.14. Littering and pollution
No person may within a public open space:(a)deposit or leave any litter which is either industrial or domestic, regardless of whether that litter is biodegradable or non-biodegradable, except in an area or receptacle for that purpose;(b)deposit or leave any litter, bottle, broken glass, plastic article, rubbish, refuse, seeds, fruit, vegetable matter or other waste material, except in an area or receptacle for that purpose;(c)deposit, except in any receptacle provided for litter, any domestic garbage;(d)intentionally break any article of glass, china, plastic or other brittle material;(e)deposit, discharge or leave any mineral, mineral waste or other industrial waste or by-product thereof;(f)discard or discharge any toxic chemical or substance, pharmaceutical substance, including biocides, or any other pollutant or harmful substance; or(g)pollute any water body in any manner.15. Vehicles
No person may within a public open space except at times specified and on roads or pathways provided by the Council:(a)drive, draw or propel any vehicle other than a bicycle;(b)drive, draw or propel a vehicle in excess of fifteen (15) kilometers per hour;(c)park a vehicle in a public open space, except in a designated area or other area where parking is otherwise permitted by the Council.16. Vegetation and animals
(1)Subject to the provisions of subsection (2), no person may within a public open space:(a)disturb, damage, destroy or remove any tree, shrub or other vegetation;(b)affix or place any printed matter on a tree;(d)alter the slope or drainage pattern so as to interfere with the access of water, air or nutrients to any tree or other plant;(e)capture or attempt to capture, chase, shoot at, injure, throw objects at, tease, molest or in any other way disturb any animal, fish or bird;(f)disturb, damage or destroy any bird, nest or egg;(h)ride a horse; except:(i)in a public open space or any part thereof designated by the Council for that purpose; and(ii)by a person who in the performance of his or her official duties, patrols a public open space on horseback;(i)walk, carry or ride an animal other than a horse or dog; or(j)walk any dog unless:(i)such dog is a trained working dog and which is being utilised to assist a visually impaired or disabled person and provided such dog is kept under direct physical control by means of a leash and/ or harness at all times; or(ii)it is in a public open space or any part thereof designated by the Council as an area where dogs are allowed and it is on a leash and under the control of a competent person over 16 years of age.(aa)dogs may only be allowed to be off-leash in areas designated by Council and provided that they remain at all times under the supervision and control of a competent person over 16 years of age and do not cause a nuisance to other users of the public open space, disturb or damage any plant, vegetation or animal or cause damage to municipal property. Dogs that tend to be violent and/or vicious and/or by its very public domain to be vicious, violent, or potentially dangerous must at all times be muzzled. Notwithstanding, no person shall permit any dog owned or kept by him or her which, in the assessment of the authorised official, is ferocious, vicious or dangerous to be in any public open space, unless it is humanely muzzled and held on a leash and under control.(bb)in any instance where the provisions of sub-paragraph (aa) are not complied with, an authorised official will be entitled to request that the person in charge of the dog to put the dog on a leash or remove the dog and leave the public open space in terms of the provisions of section 9(c).(cc)every person bringing a dog into a public open space shall be responsible for its conduct and shall be liable for any damage or injury caused by it.(dd)if any dog excretes in a public open space, the person in control of the dog must immediately remove such excrement and dispose of it in a waste bin or other receptacle provided by the Council for that purpose.(2)The provisions of subsection (1)(a) and (c) do not apply to any person who has obtained a permit in terms of section 26 to undertake agricultural activities in an urban agricultural public open space.17. Municipal property and erection of structures
(1)Subject to the provisions of subsection (2), no person may within a public open space:(a)deface, damage, destroy or remove any municipal property;(b)disturb the surface of any land, whether by digging, undertaking any earthworks or otherwise;(c)erect, build or assemble any structure, including a hut, tent, screen, bulletin board, pole, stand or stage;(d)affix or place on any municipal property, or distribute, any printed matter; or(e)plug, tamper with, or in any way damage any plumbing, electrical, heating or other fixtures or installations.(2)The provisions of subsection (1)(b) do not apply to any person who has obtained a permit in terms of section 26 to undertake agricultural activities in an urban agricultural public open space.18. Specified activities
(1)No person may undertake any of the following activities in a public open space, except pursuant to a permit or agreement between that person and the Council or management authority:(a)the conducting of tours;(b)the conducing of any kind of competition;(c)the selling or hiring of goods or the offering of goods for sale or hire;(d)the provision of, or the offering to provide, any service for a fee or reward;(e)any activity of any kind for the purpose of fund raising, personal gain or making a profit;(f)any organised special event, including sporting, religious, cultural and traditional events, including the lighting of fires, the slaughter of living things, the conducting of or participation in baptisms, singing or chanting, the use of instruments or loudspeakers, or any other behaviour, in pursuit of such religious, cultural and traditional activities which may reasonably cause a nuisance or infringement on the public's reasonable use and enjoyment of the public open space; and(g)any community or voluntary work of any description.19. Restoration or removal notices
(1)Unless permission or a permit to do so has been obtained in terms of sections 24, 25 or 26, an authorised official may issue a restoration or removal notice to any person who has in a public open space:(a)damaged, defaced, disturbed, destroyed, demolished or removed vegetation or a municipal structure;(b)erected, built or assembled a structure; or(c)dumped, discarded or deposited any waste, other than in a receptacle provided by the Council for that purpose.(2)The restoration or removal notice may direct the person concerned within a reasonable time specified in the notice to take stated reasonable steps specified in the notice;(a)to restore or rehabilitate the affected area to the reasonable satisfaction of the Council; or(b)to remove a structure or thing and restore the affected site, as nearly as practicable, to its former condition.20. Authorised officials
(1)The Council may appoint any member of staff as an authorised official.(2)Any duly appointed authorised official must be in possession of the prescribed staff identification card when exercising any power in terms of this by-law and must, upon request, produce such card.(3)Should the authorised official considered in subsection (2) fail to produce the staff identification card then no power granted in terms of this by-law can be exercised.21. Powers and functions of authorised officials
(1)In this section, unless the context indicates otherwise, 'article' means anything, including a structure, object, document, book, record or electronic information or extract, part or sample therefrom that is reasonably suspected in the use of contravening this by-law.(2)Without a warrant, an authorised official may stop, enter, search and seize any vessel, vehicle, premises or person if the authorised official has reasonable grounds to believe that an offence in terms of this by-law has been or is being committed on or in such vessel, vehicle or premises if:(a)the person in control of the vessel, vehicle or premises consents to such stop, entry, search or seizure; or(b)the authorised official has reasonable grounds to believe that a warrant will be issued, if the authorised official applied for it, and the delay caused by the obtaining of such a warrant would defeat the object of the stop, entry, search or seizure.(3)If subsection (2) does not apply, then an authorised official may stop, enter and search any vessel, vehicle, premises or person and may seize an article contemplated in subsection (5)(h) only on the authority of a warrant.(4)A judge or magistrate in chambers may issue a warrant contemplated in subsection (3) on written application by an authorised official if it appears from information under oath or affirmation that(a)there are reasonable grounds for believing that a contravention of this by-law has occurred;(b)the search and seizure is likely to yield information pertaining to the contravention; and(c)the search and seizure is reasonably necessary for the purposes of this by-law.(5)In enforcing or investigating compliance with this by-law, an authorised official may:(a)be accompanied by an interpreter, a police official or any other person who may be able to assist with the inspection;(b)inspect any article which may be relevant to the investigation;(c)examine, analyse, measure or make a copy of an article and remove it for examination, analysis, measurement, copying or extraction;(d)require a person to produce or to deliver at such time and place as may be determined by the authorised official, an article for inspection;(e)take a photograph or make an audiovisual recording of any person or any thing for his or her investigation;(f)question a person who, in the opinion of the authorised official, may be able to furnish information on a matter to which this by-law relates;(g)direct a person to appear before him or her at such time and place as may be determined by the authorised official and question such person either alone or in the presence of any other person on a matter to which this by-law relates; and(h)seize an article:(i)which is concerned in or is on reasonable grounds believed to be concerned in an offence in terms of this by-law;(ii)which may afford evidence of an offence in terms of this by-law; or(iii)which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence in terms of this by-law.(6)A person who so requests may, if possible, make a copy of an article to be removed or seized in terms of this section.(7)When an authorised official removes or seizes an article, the authorised official must issue a receipt to the owner or person in control thereof and, if possible, return the article as soon as practicable after achieving the purpose for which the article was removed or seized.(8)An authorised official must exercise their powers and functions with strict regard for decency and order, and with regard for each person's right to dignity, freedom, security and privacy.(9)Notwithstanding the provisions of this by-law, and subject to any other applicable legislation, an authorised official may:(a)launch, operate or use any vehicle or vessel upon any recreational water or in any public open space for the purpose of providing an emergency, rescue or transport service, to provide a municipal service, to ensure compliance with this by-law, or for the purpose of undertaking research, monitoring or conducting a survey;(b)do anything in a public open space in the exercise of a lawful power or duty; and(c)in any public open space, use prohibited means of fishing, hunt any animal, and collect biological specimens in order to eradicate, control, or collect information for the control, monitoring and research of such organisms in the course of their duties.22. Compliance notice
(1)The authorised official may serve a written compliance notice on a person if there are reasonable grounds for believing that the person is in contravention of this by-law.(2)The compliance notice must:(a)describe the conduct constituting a contravention of this by-law;(b)indicate which provision of this by-law or condition of approval is contravened;(c)where relevant, state that the unlawful conduct constitutes an offence and indicate the penalty;(d)where relevant, be issued together with a fine;(e)instruct the person to cease the unlawful conduct;(f)where relevant, impose conditions which must be complied with and specify the steps to be taken to comply;(g)state that a failure to comply with the notice constitutes an offence and indicate the penalty; and(h)state that, in the event of non-compliance with the notice, the Council may take one or more of the following measures:(i)issue the person with a fine for not complying with the compliance notice;(ii)take steps to remedy any adverse effect arising from the person's actions and recover the costs from such person;(iii)apply to a competent court for appropriate relief including the costs of the application; or(iv)institute a criminal prosecution.(3)The compliance notice may:(a)instruct the person within a specified time, in writing, to inform the Council what steps have been taken to comply with the notice;(b)instruct a person at their cost to take specified action to the satisfaction of the Council within a specified time to:(i)cease, modify or control an activity causing, continuing or contributing to an adverse effect on a public open space,(ii)investigate, evaluate and assess the impact of a specific situation or activity and report thereon;(iii)undertake and complete specific measures;(iv)eliminate or remove an encroachment or unauthorised structure;(v)rehabilitate the affected environment; or(vi)any combination of the provisions listed in paragraphs (i) through (v).(4)Should the person on whom a compliance notice under subsection (1) was issued, fail to comply, or comply inadequately, with the compliance notice or authorisation, then the Council may take measures that the Council considers appropriate to remedy the situation and may authorise another person to take such measures.(5)The Council may recover costs to the Council, or an authorised person, for the measures to be undertaken under subsections (2) and (3), and all costs incurred as a result of acting under subsections (2) and (3), from any or all of the persons on whom the compliance notice or authorisation was issued in terms of its Credit Control and Debt Collection Policy.23. Impounding of a vessel, vehicle, items or goods
(1)An authorised official may, without a warrant, seize and impound a vessel, vehicle, items or goods, which is concerned, or is on reasonable grounds believed to be concerned, with the commission of an offence in terms of this by-law.(2)The authorised official, at the time of the impoundment, must give the holder of the impounded vessel, vehicle, items or goods an impoundment notice setting out:(a)the reason for the impoundment;(b)a description of the impounded vessel or vehicle;(c)the address and contact details of the designated pound;(d)the impoundment fee; and(e)a warning that the impounded vessel or vehicle may be sold to recover the impoundment fee and any fine, costs or damages.(3)The authorised official must cause an impounded vessel or vehicle to be taken to a designated pound where it must be retained and dealt with in terms of this section.(4)The Council must release the impounded vessel, vehicle, items or goods to the owner upon presentation of proof of ownership if, in relation to the offence contemplated in subsection (1):(a)a criminal charge is not laid, or a fine or a notice of intention to prosecute is not issued within 72 hours of the impoundment; or(b)the criminal case against all accused persons is disposed of because:(i)the charges are withdrawn;(ii)the accused persons are acquitted; or(iii)the accused persons are convicted and either the impoundment fee and any fine, costs and damages are paid.(5)An impounded vessel, vehicle, items or goods is forfeited to the Council and becomes the property of the Council if:(a)a court orders such forfeiture; or(b)the lawful owner of the vessel, vehicle, items or goods cannot be traced within 90 days of such impoundment after reasonable efforts to trace the owner have been made and have not been successful.(6)If any payment contemplated in subsection (4)(b)(iii) is not made within such time as the Council may determine, and if no appeal has been lodged at the expiry of the time limit for an appeal, the Council may sell an impounded vessel, vehicle, items or goods and deal with any net proceeds in accordance with subsection (7).(7)Any net proceeds from the sale of an impounded vessel, vehicle, items or goods must be applied as follows and in this order:(a)the recovery of costs incurred by the Council during forfeiture and impoundment;(b)the payment of the impoundment fee, and any fine, costs or damages ordered by a court in relation to an offence contemplated in subsection (1); and(c)return to the person who lawfully owned the vessel, vehicle, items or goods at the time of the impoundment, except where the vessel, vehicle, items or goods was forfeited to the Council.(8)The Council may determine an impoundment fee and designate a pound contemplated in this section.Chapter 4
Applications for authorisation
24. Application for permission
(1)Any person who wants to undertake a prohibited activity must make application in writing to the Council for permission to do so, which application must be accompanied by the prescribed fee.(2)The Council may, after receiving an application, request the applicant to provide additional information, which the Council reasonably requires in order to consider the application.(3)The Council may refuse to consider an application until it has been provided with the information that it reasonably requires to make an informed decision and if the prescribed fee has not been paid.(4)Subject to the provisions of subsections (2) and (3), the Council must consider the application within a reasonable time and must either:(a)refuse the application; or(b)grant permission in writing to the applicant subject to such conditions as the Council may consider appropriate to best achieve the purposes of these bylaws, which may include payment of a deposit, a prescribed fee or both.(5)The Council may not grant permission for any person to behave in a manner which is prohibited in terms of section 12(a) or (m).25. Application for a special event permit
(1)An application for permission to hold a special event in a public open space must be made at least 21 days prior to the proposed date of the special event, including any religious, cultural or traditional activity(ies).(2)The time period referred to in subsection (1) may, on good cause shown, be reduced by the Council.(3)An application in terms of subsection (1) must contain the following information:(a)The name and full contact details of the applicant, including name, postal address, telephone and fax numbers and email address, if available;(b)the nature and purpose of the special event;(c)the intended route or area proposed to be used for purposes of the special event; and(d)any permission required under Chapter 4 of these by-laws.(4)Subject to any permit conditions imposed by the Council, the holder of a special events permit has the right to use the area of public open space specified in the permit to the exclusion of any other person during the period specified in the permit.26. Application for permission to farm in an urban agricultural public open space
(1)An application for permission to farm in an urban agricultural public open space must contain the following information:(a)The name and full contact details of the applicant, including name, postal address, telephone and fax numbers and email address, if available;(b)the nature of the agricultural activity that the applicant proposes to undertake; and(c)the size and location of the area on which the applicant wishes to undertake the proposed agricultural activity.(2)A permit under this section may require the permit holder to pay an annual or monthly fee for the use of the land.(3)The holder of an urban agricultural permit may, subject to any condition specified in the permit, use the area of public open space specified in the permit for agricultural purposes to the exclusion of any other person.(4)Subject to the provisions of subsections (2) and (3), the Council must consider the application within a reasonable period of time and must either:(a)refuse the application; or(b)grant permission in writing to the applicant subject to such conditions as the Council may consider appropriate to best achieve the purposes of these bylaws, which may include the payment of a deposit, a prescribed fee, or both.Chapter 5
Co-operative management agreements
27. Entering into agreements
(1)The Council may enter into a written agreement with any organ of state, local community or organisation to provide for:(a)the co-operative development of any public open space; or(b)the co-operative management of any public open space; and(c)the regulation of human activities within a public open space.(2)The Council may not enter into an agreement in terms of subsection (1)(b) unless it reasonably believes that entering into such an agreement will promote the purpose of these by-laws.(3)The Council may only enter into an agreement in terms of subsections (1)(a) to (c) where the relevant prescribed legislative requirements in terms of prevailing legislation have been complied with.(4)The Council must monitor the effectiveness of any agreement entered into in terms of subsections (1)(a) to (c), in achieving the purposes for which it was entered into and may cancel the agreement after giving reasonable notice to the other party if the Council has reason to believe that the agreement is not effective or is inhibiting the attainment of the purpose of these by-laws.Chapter 6
Tree preservation orders
28. General
(1)If the Council believes that any tree or group of trees in a public open space requires legal protection, the Council may issue a tree preservation order in respect of that tree or group of trees.(2)A tree preservation order:(a)must indicate the tree or trees to which it relates; and(b)may provide that any person who cuts, disturbs, damages, destroys, removes, transports, exports, purchases, sells, donates or in any other manner acquires or disposes of the tree or trees to which it relates, commits an offence.(3)The Council must display prominently a copy of a tree preservation order issued within three (3) metres of the tree or trees to which the order relates.29. Procedure
Unless, in the Council's opinion, the issuing of a tree preservation order is required as a matter of urgency, the Council must, before issuing a tree preservation order in terms of section 28:(a)give notice of the proposal to protect the tree or group of trees and invite comments and objections within a specified period, by publishing a notice in the Provincial Gazette and in two newspapers circulating in the area in which the tree or group of trees is situated;(b)notify any affected organs of state; and(c)consider any comments and objections received in response to the notice.Chapter 7
Offences and penalties
30. Offences
(1)Any person who:(a)contravenes a provision of this by-law;(b)contravenes any conditions, restrictions or prohibitions imposed in terms of this by-law;(c)fails to comply with the terms of any notice or signage displayed in terms of this by-law;(d)contravenes a lawful instruction given by an authorised official in terms of this by-law;(e)threatens, obstructs, hinders or uses abusive language to an authorised official or a person lawfully accompanying the authorised official in the exercise of a power conferred in terms this by-law;(f)when called upon by an authorised official to furnish information, furnishes false or misleading information; or(g)falsely holds himself or herself to be an authorised official or a person authorised to act on behalf of the Council in terms of this by-law;commits an offence.31. Penalties
(1)Any person who commits an offence referred to in section 30 is liable to a fine or upon conviction to imprisonment for a period to be determined by the court or to such imprisonment without the option of a fine, or to both such fine and such imprisonment.(2)In addition to imposing a fine or imprisonment, a court may order any person convicted of an offence in terms of this by-law:(a)to rectify the harm caused;(b)to forfeit to the Council a vessel or vehicle impounded in terms of section 23;(c)to pay the costs incurred by the Council as a consequence of the contravention; and(d)to pay damages for harm caused to another person or property within public open space, which order shall have the force and effect of a civil judgment.(3)The Council may ban any person who fails to comply with any provisions of this bylaw from entering any public open space(s) for a determined period of time.(4)The Council may restrict access to a vessel or vehicle that fails to comply with any provisions of this by-law from entering any public open space(s) for a determined period of time.(5)A ban imposed in terms of subsections (3) and (4) must be reduced to writing and served on the person or owner of the vessel or vehicle.(6)The Council must provide a person contemplated above with a written notice of its intention to ban such person in terms of subsections (3) and (4). Such a person has seven (7) days to provide reasons why the Council should not ban such person.(7)A person who has been banned in terms of subsections (3) and (4) above may make written representations to the Accounting Officer of the Council as to why the ban should be lifted or reduced in length within 48 hours of the receipt thereof.(8)In the case of a continuous offence, such a person is liable to a proportionate part of the fine contemplated above for each day during which the offence continues after the date on which notice in writing has been given to perform or to discontinue a specific act or, in default of payment of the proportionate fine, to imprisonment for a proportionate part of the period contemplated above.(9)Any person who contravenes section 12(t) of this by-law shall be guilty of an offence and liable on conviction and/or upon civil judgment by any competent court to a fine or damages, alternatively, any amended amount as allowed in law, or to imprisonment for a period which period is at the discretion of the court, or to both such fine and imprisonment. The Helliwell system shall be used to assess the value of trees for the purposes of calculating damages under this by-law. The Municipality shall also be entitled to claim damages from any person or entity that contravenes section 12(t).Chapter 8
Miscellaneous
32. Repeal
The laws listed in Schedule 1 to these by-laws are hereby repealed.33. Short Title
These by-laws are called the Public Open Spaces By-laws, 2003, as amended 2025.Schedule 1
Repealed by-laws
| Number and Year | Name of By-laws | Extent of Repeal |
|---|
| Administrator's Notice 50 dated 23 January 1963 | Transvaal Board for the Development of Peri-Urban Areas: By-laws Relating to Parks, Gardens, Pleasure Resorts and Open Spaces as applied by Midrand Municipality | |
| Administrator's Notice 166 dated 2 February 1972 | Johannesburg Municipality: Parks, Gardens and Open Spaces By-laws | Whole |
| Administrative Notice 167 to February 1972 | Zoological Gardens By-laws | Whole |
| Administrator's Notice 1540 dated 4 September 1974 | Randburg Municipality: By-laws for the Regulation of Public Amenities | Whole |
| Administrator's Notice 2176 dated 28 November 1984 | Roodepoort Municipality: By-laws for the Regulation of Parks, Open Spaces, Dams and Conservation Areas | Whole |
| Local Authority Notice 365 dated 23 January 1991 | Sandton Municipality: Adoption of Standard Public Amenities By-laws | Whole |