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Outdoor Advertising and Signage

Jurisdiction
South Africa · Cederberg
Date
22 October 2004
Language
English
Type
Legislation
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Download PDF (293.9 KB)
Cederberg
South Africa

Outdoor Advertising and Signage By-law, 2004

Purpose of By-Law

• To promote the tidiness of the environment and the safety of residents; and• to provide for procedures, methods and practices for the use of land and buildings for the purposes of outdoor advertising and signage and matters incidental thereto.

1. Definitions

In this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:—"aerial sign" shall mean any sign attached to a kite, balloon, aircraft or any other device whereby it is suspended in the air over any part of the area under the jurisdiction of the municipality."clear height" of a sign shall mean the vertical distance between the lowest edge of such sign and the natural or the finished level of the ground, footway or roadway immediately below such sign."depth" of a sign shall mean the vertical distance between the uppermost and lowest edges of such sign."development board" means a sign displayed at premises upon which building operations are currently in progress and relating to any services being provided, work being done or goods being supplied in connection with such building operations. This excludes contract boards for building and civil engineering projects as required in terms of the National Building Regulations and Control Act, 103 of 1977 as amended from time to time and defined in terms of the General Conditions of Contract and/or Specifications of the appropriate institutions."display of a sign" shall include the erection of any structure if such structure is intended solely or primarily for the support of such sign; and the expression "to display a sign" shall have a corresponding meaning."estate agency" means a person who markets and/or sells properties with or without buildings erected thereon and "estate agent" has a corresponding meaning."flashing sign" shall mean any illuminated sign, the light emitted from which does not remain constant in all respects."flat sign" shall mean any sign which is affixed to or painted directly on a main wall and which at no point projects more than 250 mm in front of the surface of such wall, but does not include a poster; provided, however, that a poster affixed to a main wall shall be deemed to be a flat sign if such poster is—(a)not less than 0,80 m² in area;(b)bordered by a permanent frame fixed to such main wall; and(c)maintained at all times in an unmutilated and clean condition."main wall" of a building shall mean any external wall of such building but shall not include a parapet wall, balustrade or railing of a verandah or a balcony."municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"new sign" shall mean any sign first displayed after the promulgation of this by-law."overall height" of a sign shall mean the vertical distance between the uppermost edge of such sign and the level of the ground, footway or roadway immediately below such sign."person" in relation to the display or alteration of or the addition to a sign, or in relation to the intended or attempted display or alteration of, or addition to a sign, shall include the person at whose instance such sign is displayed, altered or added to, or at whose instance such sign is intended or attempted to be displayed, altered or added to, as the case may be; and the person who or whose goods, products, services, activities, property or premises, is or are referred to in such sign shall be deemed to be such person unless he proves the contrary."poster" shall mean any placard or similar device attached to some fixed object whereby any advertisement or notice is publicly displayed."projecting sign" shall mean any sign which is affixed to a main wall and which at some point projects more than 250 mm in front of the surface of such wall."public road" means any road, street or thoroughfare or any other place 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 footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other work or object belonging to such road, street or thoroughfare, footpath or sidewalk, and(e)any premises with or without structures thereon, used or set aside as a public parking area or public parking place for the parking of motor vehicles whether or not access to such a parking area or place is free of charge."running light" means a portion of a sign in the form of an illuminated strip, the illumination of which varies periodically in such a way as to convey the impression of a pattern of lights moving steadily along such strip."security sign" means an outdoor sign for neighborhood watch and similar schemes, and a sign containing the name, logo, address and telephone number of a security company contracted to protect, or security system installed to protect, the premises on which the sign is displayed."sign" shall mean any sign, signboard, screen, private lamp, blind or other device by means whereof any advertisement or notice is publicly displayed."sky sign" shall mean any sign that is fixed above the roof of a building other than a roof of a verandah or a balcony and shall include any such sign consisting of a single line of free standing, individual, cut-out, silhouette letters, symbols or emblems."temporary" means fixed by means of paste or adhesive and which does not exceed a continuous period of thirty days;"thickness" of a projecting sign shall mean the horizontal dimension of such sign measured parallel to the plane of the main wall to which such sign is affixed."transit advertising" means advertising by means of a movable sign which is capable of being transported by road either on or in conjunction with a motorized vehicle, including trailers primarily used for advertising.

2. Disfigurement

(a)No person shall by means of posters or other signs disfigure the front or frontage of any public road, wall, fence, land, rock, tree or other natural feature, or the front or frontage or roof of any building otherwise than is provided in this by-law and any person who contravenes the provisions of this section shall be guilty of an offence.
(b)A municipality may, subject to such conditions as it may deem fit, grant permission for the display of posters on special occasions such as elections, festivities, university rag processions, etc.

3. Submission of Application

(1)Save as in provided in section 22(2), every person intending to display a new sign or to alter or to add to an existing sign (hereinafter referred to as the "applicant") shall make written application to the municipality in the form prescribed by the municipality from time to time, submitting therewith plans drawn in accordance with the following requirements:—
(i)The plans shall be drawn in black ink on tracing linen or stout durable drawing paper or shall be linen prints with black lines on a white background or a computer designed print on durable paper. Such form and plans shall be in duplicate (one set of which shall become the property of the municipality) and shall be dated and signed in ink by the applicant or by a person authorised by such a person in writing to sign on his behalf, and all alterations and corrections to such form and plans shall be similarly dated and signed.
(ii)Where the sign is to be affixed to a building the plans shall include an elevation and a section of the façade and, where necessary of the roof of the building, drawn to a scale of 1:100 upon which shall be depicted the sign, any other signs affixed to such façade or roof and enough of the main architectural features of such façade or roof to show the position of the sign in relation to such other signs and features. The location of the sign relative to the ground level and, where necessary, the kerb line shall also be shown on such elevation and section.
(iii)Where the sign is not to be affixed to a building, the location of the sign relative to the ground level and, where necessary, the kerb line shall be shown on an elevation, plan and section drawn to a scale of 1:100.
(iv)Elevations, including full particulars of the subject matter as defined in section 6, plans and sections of the sign itself as may be necessary to show whether it complies with this by-law, accurately drawn to a large enough scale (but in no event less than 1:50) shall also be included.
(v)The plans shall also depict full details of the structural supports of the sign, drawn to a scale of 1:20.
(vi)The plans shall also include a site plan, drawn to a scale of 1:200, showing clearly and accurately the position of the sign and the building, if any, to which it is to be attached, in relation to such of the boundaries of the erf as may be affected by such position, and giving the name of the abutting street and the distance to and the name of the nearest named cross-street, and showing the direction of true north.
(vii)The plans shall indicate the materials of which the sign is to be constructed, the manner in which the lettering thereon is to be executed, the colours to be used, and whether or not the sign is to be illuminated; and in the latter event the plans shall indicate whether or not the sign is a flashing sign, and if the sign is a flashing sign, full details of its periodicity and variations or changes in appearance shall be furnished.
(2)
(a)Notwithstanding the provisions of sub-section (1), it shall be lawful, subject to the provisions of section 6(1), to display any poster and to replace any poster by another poster of the same size without the consent of the municipality, if any such poster as aforesaid is displayed at a cinema or theatre, or other place of public amusement, or on a hoarding, the erection and use of which for this purpose have been authorised by the municipality, or is a poster which in terms of section 1 is deemed to be a flat sign.
(b)A municipality may, subject to such conditions as it may deem fit, grant permission for the display of posters on special occasions such as elections, festivities, university rag processions, etc.
(3)The municipality shall, within 30 days after receiving the form and plans referred to in sub-section (1), specify to the applicant the provisions, if any, of this by-law, or of any other laws that the municipality is required or empowered to administer, with which such form or plans do not comply; and the municipality shall, if it deems it necessary, return the form and plans to the applicant.
(4)Where the form and plans comply with this by-law and any other laws as aforesaid, the municipality shall approve them and shall forward one set thereof to the applicant.
(5)Approval granted in terms of sub-section (4) shall become null and void if the sign has not been completed in accordance with the approved form and plans within twelve months of the date of such approval.

4. Compliance of existing signs

(1)Every sign existing at the date of the promulgation of this by-law shall be made to comply therewith in all respects within a period of one year from the date of such promulgation. Where any sign does not so comply after the said period of one year, it shall forthwith be removed.
(2)Where any sign not complying with the provisions of this by-law has not been made to comply therewith within the aforementioned period of one year, or where any sign has been erected which is not in conformity therewith, the municipality may order the owner thereof to remove such sign. Upon failure to do so the municipality may remove the sign and recover the cost from the person who erected the sign or permitted the erection thereof.
(3)Whenever, through change of ownership or occupancy or change in the nature of the business, industry, trade or profession conducted on any premises or through the erection of new traffic signal lights or through an alteration in the level or position of any street, footway or kerb, or through any other cause whatsoever, a new sign ceases to comply with this by-law, such sign shall be forthwith removed, obliterated or altered by the person displaying such sign so as to comply with this by-law.

5. Enforcement

(1)Any person who displays or attempts to display a new sign or who alters or adds to, or attempts to alter or add to, an existing sign without the prior approval of the municipality given in terms of section 3, where such approval is required by the said section 3, shall be guilty of an offence.
(2)Any such person shall forthwith, after an order in writing to that effect by the municipality, cease or cause to cease all work on the display of such new sign, or shall cease or cause to cease any alteration or addition to such existing sign, as the case may be, and any such person who fails to comply with such order shall be guilty of an offence.
(3)Any person who, having obtained such approval, does anything in relation to any sign which is a departure from any form or plan approved by the municipality shall be guilty of an offence.
(4)Any such person shall forthwith, after an order in writing to that effect by the municipality, discontinue or cause to be discontinued such departure, and any person who fails to comply with such order shall be guilty of an offence.
(5)Whether or not any such order as is referred to in sub-sections (2) and (4) has been served on any such person, the municipality may serve upon such person an order in writing requiring such person forthwith to begin to remove or obliterate such sign or anything referred to in sub-section (3) and to complete such removal or obliteration by a date to be specified in such order, which date may be extended by the municipality as it may deem fit.
(6)Where any person displaying a sign contravenes any of the provisions of this by-law other than those relating to the matters referred to in sub -section (1) and (3), the municipality may serve a notice in writing upon such person, and in such notice shall cite the provisions contravened and shall specify the things to be done in order that such provisions may be complied with.
(7)Any person who fails to comply with any order referred to in sub-section (5) or with the terms of any notice referred to in sub-section (7) shall be guilty of an offence, and in addition the municipality itself may give effect to such order or notice at the expense of such person.

6. Contents of Signs

(1)No sign on any premises shall contain any words, letters, figures, symbols, pictures or devices (hereinafter called "subject matter") unless every part of such subject matter falls into one or more of the following categories:—
(a)The name, address and telephone number of such premises or part thereof.
(b)The name of the occupier of such premises or part thereof.
(c)A general description of the type of trade, industry, business or profession lawfully conducted on such premises or part thereof by the occupier thereof.
(d)Any information, recommendation or exhortation concerning, or any name, description, particulars or other indication of—
(i)any goods, not being samples, regularly and lawfully manufactured, kept and sold or kept and offered for sale on such premises; or
(ii)any services regularly and lawfully rendered or offered on such premises; or
(iii)any catering or any entertainment or amusement or any cultural, educational, recreational, social or similar facilities lawfully provided or made available on such premises, or any meeting, gathering or function lawfully held on such premises;provided that this paragraph shall not be construed as permitting any subject matter which, in the opinion of the municipality is an evasion of or not in accordance with the intent of this paragraph.
(2)Notwithstanding the provisions of sub-section (1), in the case of any premises partly or wholly used for residential purposes, no sign other than the name of such premises shall be displayed on the part of such premises used for residential purposes unless the premises is zoned for business purposes in terms of the municipality’s town planning scheme regulations.
(3)The provisions of this section shall not apply to any sign referred to in paragraph (i), (ii), (iv), (vi), (vii), (viii), (ix), (x), (xi), (xv) or (xvi) of section 22(2).
(4)Where a sign is displayed by means of a device whereby a series of consecutive signs is displayed at one place, the provisions of sub-section (1) shall, subject to the following conditions, not apply to any such sign so displayed:—
(a)No sign in such series, other than a sign permitted in terms of sub-section (1), shall be displayed on any one occasion for a longer period than twenty seconds.
(b)The individual signs consecutively displayed within any particular 10-minute period shall all be completely different from one another in so far as their subject matter is concerned; provided that this paragraph shall not apply to any sign permitted in terms of sub-section (1).
(c)Where such device is capable of displaying news or of providing entertainment it shall not be operated in any position or place where in the opinion of the municipality such operation is calculated to bring about or to aggravate congestion of vehicular or pedestrian traffic.
(d)No such device whether or not it is capable of displaying news or of providing entertainment shall be operated in any position or place where in the opinion of the municipality such operation or any gathering of persons brought about thereby is calculated to detract from the amenities of the neighbourhood or to depreciate property or to cause a public nuisance.
(e)No such sign shall have a clear height of less than 5 m.
(f)Notwithstanding the granting of approval by the municipality for the display of signs referred to in this sub-section, the municipality shall be entitled at any time thereafter to revoke such approval if it is satisfied that the display of such signs is in contravention of paragraph (a), (b) or (e) or is bringing or has brought into existence the conditions referred to in paragraph (c) or (d).
(5)
(a)Where the municipality, by notice in writing informs any person displaying signs referred to in sub-section (4) of the revocation of its approval for such display, such person shall forthwith cease to display such signs and shall remove the device by means whereof such signs are displayed by a date to be specified in such notice, which date may be extended by the municipality as it may deem fit.
(b)Any person who fails to comply with any notice referred to in paragraph (a) shall be guilty of an offence, and in addition the municipality itself may give effect to such notice at the expense of such person.

7. Signs on Buildings

The following signs and no others may be affixed to or painted on buildings; provided that the municipality may prohibit the erection of certain or all of the under mentioned signs or the use of certain colours therein:—
(a)Flat signs.
(b)Projecting signs.
(c)Sky signs.
(d)Signs affixed to or painted on verandah or balconies.
(e)Signs painted on sun blinds affixed to buildings.
(f)Any sign referred to in paragraphs (i), (ii), (iv), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv) and (xvi) of section 22 (2); provided that all the conditions applicable to such sign are complied with.

8. Flat Signs

(1)Flat signs shall not exceed, in aggregate area, 40 m² or one-quarter of the overall area of the main wall to which they are affixed or on which they are painted, whichever of these figures is the lesser; provided that the municipality may fix a lesser aggregate area for any flat sign.
(2)No flat sign shall extend above the top of such main wall or beyond either end of such main wall.
(3)
(a)Where a building which is adjacent to another building, and which extends over the boundary line of the prospective width of a proclaimed road or public street, is demolished either wholly or partially and is reconstructed in such a manner that it no longer extends over the aforementi oned boundary line, no flat sign will be permitted on the sidewall of such other building facing the building so re-constructed, in so far as the said sidewall extends over the aforementioned boundary line.
(b)For the purposes of this section —
(i)"prospective width" in relation to a proclaimed road shall mean the statutory width as contemplated by any enactment promulgated by any legislative body which has competency to pass legislation on such a matter and in relation to a public road shall mean the width whereto it is to be widened in accordance with a town planning scheme whether in the course of preparation, awaiting approval or in operation;
(ii)"adjacent" shall mean a distance of 6 m or less.

9. Projecting Signs

(1)No part of any projecting sign shall project in front of the main wall to which such sign is affixed to a greater extent than —
(i)1,5 m in the case of a sign which has a clear height of not less than 7,5 m; or
(ii)1m in the case of any other sign;
provided, however, that where such a sign has a clear height of less than 5 m—
(a)any portion of such sign which is not more than 600 mm in depth may project as aforesaid to an extent of more than 1 m but not more than 1,5 m; provided that there shall be a clear vertical distance of not less than 3,6 m between any two successive portions, if any, so projecting; and
(b)any such sign which is not more than 600 mm in depth may project as aforesaid to an extent of more than 1 m but not more than 1,5 m; provided that there shall be a clear vertical distance of not less than 3,6 m between any two such signs, if any, which are in the same vertical plane.
(2)No projecting sign shall extend above the top of the main wall to which it is affixed.
(3)The depth of a projecting sign shall not exceed one-and-a-quarter times the clear height of such sign.
(4)A projecting sign shall not exceed 600 mm in thickness.

10. Sky-signs

(1)The depth of a sky-sign shall not exceed one-sixth of the clear height of such sky-sign.
(2)No sky-sign shall project in front of a main wall of a building so as to extend, in plan, beyond the roof of such building in any direction.
(3)The length of a sky-sign shall not exceed:—
(i)14 m, if the depth of such sky-sign does not exceed 4,5 m, or
(ii)18 m, if the depth of such sky-sign exceeds 4,5 m.
(4)Subject to the preceding provisions of this section a municipality may allow a sky-sign in excess of 18 m in length whenever the street frontage of a site exceeds 55 m, provided that—
(i)such sky-sign shall consist of a single line of free standing, individual, cut-out, silhouette letters, symbols or emblems, and
(ii)the length of such sky-sign shall not exceed one-third of the length of the road frontage of such site, and
(iii)such sky-sign shall be erected parallel to the road frontage of such site, and
(iv)if as a result of the road frontage of such site being reduced such sky-sign ceases to comply with the preceding provisions of this section, the owner of such site shall forthwith remove such sky-sign or alter it so as to comply with such provisions.

11. Signs on Verandah and Balconies

(1)The following signs and no others may be affixed to or painted on verandah and balconies:—
(i)Signs affixed flat on to or painted on a parapet wall, balustrade or railing of a verandah or a balcony.
(ii)Signs affixed flat on to or painted on a beam or fascia of a verandah or a balcony.
(iii)Signs suspended below the roof of a verandah or the floor of a balcony.
(2)No sign affixed to a parapet wall, balustrade or railing of a verandah or a balcony shall exceed 1 m in depth, or project above or below or beyond either end of such parapet wall, balustrade or railing, or project more than 250 mm in front of such parapet wall, balustrade or railing.
(3)No sign affixed to a beam or fascia of a verandah or balcony shall exceed 600 mm in depth, or project above or below or beyond either end of such beam or fascia, or project more than 250 mm in front of such beam or fascia. Where any such sign is affixed to a beam which is at right angles to the building line and which is below the roof of a verandah or the floor of a balcony, such sign shall not exceed 1,8 m in length.
(4)No sign suspended below the roof of a verandah or the floor of a balcony shall exceed 1,8 m in length or 600 mm in depth. Every such sign shall be at right angles to the building line.
(5)Notwithstanding the foregoing, it shall be permissible to erect a sign on the roof of a verandah or balcony, subject to the following conditions:—
(i)Such sign shall be composed of a single line of free-standing, individual, cut-out silhouette letters.
(ii)Such sign shall lie in the vertical plane passing through the foremost edge of such roof, being an edge parallel to the kerb line.
(iii)The subject matter of such sign shall be limited to that referred to in paragraphs (a), (b) and (c) of section 6(1).
(iv)The depth of such sign shall not exceed 600 mm.
(6)Notwithstanding the provisions of section 18(1) it shall be permissible for a sign suspended below the roof of a verandah or the floor of a balcony to be bordered by a running light, provided that such running light border shall be not more than 75 mm in width.

12. Signs over footways and roadways

(1)Any sign projecting over a footway forming part of a public road shall be not less than 2,4 m in clear height, provided that a flat sign in the form of a showcase for the display of goods may project not more than 50 mm over such footway if such footway is not less than 1,5 m wide, irrespective of the clear height of such showcase.
(2)Any sign projecting more than 150 mm over any place where persons may walk, if such place is not a footway forming part of a public road, shall be not less than 2,1 m in clear height.
(3)No part of a sign projecting over a footway forming part of a public road shall be nearer than 300 mm to a vertical plane through the kerb line of such footway.
(4)Where a public road has no footway, signs may project over the carriageway of such public road if such signs are not less than 6 m in clear height.

13. Prohibited signs

(1)Notwithstanding anything in this by-law contained; the following types of sign are prohibited:—
(a)Swinging signs, loose portable signs (other than signs designed for the purpose of being carried through the streets and signs on portable racks or other articles for containing and displaying goods), aerial signs and other signs not rigidly fixed.
(b)Posters, except:—
(i)any poster referred to in section 3(2) of this by-law;
(ii)any poster comprising any such sign as is referred to in paragraph (i), (ii), (iii), (iv), (v), (vi), (vii), (x), (xv) or (xvi) of section 22 (2) of this by-law.
(c)Any sign which is so placed as to obstruct, obscure, interfere with, or otherwise be likely to introduce confusion into the effective working of any traffic sign.
(2)No person shall exhibit in any place to which the public has access or shall expose to public view, any advertisement, placard, poster, engraving, picture, drawing, print or photograph of an indecent, obscene, repulsive, revolting or objectionable character, or of a nature calculated to produce a pernicious or injurious effect on the public or any particular class of persons.
(3)Any person contravening the provisions of sub-section (2) shall be guilty of an offence.

14. Signs on walls, fences and hoardings

(1)Except as provided in section 22, no sign shall be affixed to or painted on a wall (other than a wall of a building), a fence or a hoarding, unless in the opinion of the municipality such wall, fence or hoarding serves primarily either to conceal a condition or attribute of the property on which such wall, fence or hoarding is erected, which condition or attribute is unsightly by reason of the use to which such property is lawfully being put, or unless such wall, fence or hoarding is a temporary measure to protect the public in the neighbourhood of building, demolition or similar operations.
(2)In granting its approval in terms of section 3 for the affixing or painting of any such sign, the municipality may grant such approval for a limited period only, and the provisions of section 6 shall not apply to such sign.
(3)Every such sign affixed or painted in terms of this section shall comply with the following requirements:—
(i)No such sign shall exceed 3 m in depth or 4,2 m in overall height.
(ii)Poster signs shall be enclosed with definite panels, which shall be uniform in size and level.

15. Signs on poles and other structures

(1)Except as provided in section 22, no sign shall be affixed to or painted on a pole or any other structure which is not a building, wall, fence or hoarding unless—
(i)such sign is indispensable for the effectual conduct of the activity in connection with which it is displayed and
(ii)either—
(a)it is impracticable to display a sign effectually at the premises concerned except by affixing a sign to or painting a sign on a pole or other structure as aforesaid, or
(b)in the opinion of the Municipality a particular sign intended to be affixed to or painted on a pole or other structure as aforesaid would not detract from the amenities of the neighbourhood or depreciate neighbouring property to a greater extent than a sign capable of being displayed at the premises in conformity with any other section of this by-law would do.
(2)Where in the opinion of the municipality serious difficulty is experienced by the public in finding the way to a factory in an industrial zone the Municipality may permit the erection of a signboard on a pole on a vacant erf in such zone for purposes of indicating the direction to such factory, subject to the following conditions:—
(i)Not more than one such signboard shall be erected on any one erf; but it shall be permissible to indicate the direction to more than one factory on any such signboard.
(ii)The subject matter of the signs on such signboard shall be limited to the names of the factories concerned, the names of their occupiers, and essential directional information; and the lettering employed shall not exceed 100 mm in height.
(3)Where in its opinion this is reasonably required, the municipality may permit the erection of a signboard on a pole on a vacant erf in a township for the purposes of displaying thereon a map showing the street names and erf numbers of such township, together with the name and address of the owner of or agent for such township and the name of the township. Such signboard shall not exceed 3,6 m in area, and the lettering employed thereon shall not exceed 100 mm in height.
(4)In granting its approval in terms of section 3 for the display of any sign referred to in sub-section (1), (2) or (3) of this section the municipality may grant such approval for a limited period only; on the expiry of such period the person displaying such sign shall forthwith remove it.

16. Signs on vehicles and signs carried in streets

(1)No person shall carry or cause to be carried in any public road any sandwich board, lantern, flag, banner, screen or other movable advertising device if such board, lantern, flag, banner, screen or other device hinders or obstructs traffic in such road, or is likely to do so.
(2)No person shall drive or propel or cause to be driven or propelled in any public road any advertising van or other movable advertising device if such van or device hinders or obstructs traffic in such road, or is likely to do so.
(3)Any person who contravenes the provisions of sub-sections (1) or (2) shall be guilty of an offence.

17. Illuminated Signs

(1)No flashing sign shall be less than 5 m in clear height, and no illuminated sign shall be displayed in such a position that it is or is likely to be a danger to traffic or to cause confusion with traffic signals.
(2)No sign that is so intensely illuminated as to create a nuisance, shall be displayed.

18. Structural requirements

(1)Every sign affixed to a building or structure shall be rigidly attached thereto. Every sign which is affixed to the ground and every structure supporting a sign, which structure is affixed to the ground, shall be rigidly anchored to the ground. Every sign and its supports and anchorages, and the building or structure, if any, to which it is affixed, shall be of adequate strength to resist, with a safety factor of 4, the dead load of the sign and a superimposed horizontal wind pressure of 1,5 kPa.
(2)All signs and supports thereof which are attached to brickwork or masonry shall be attached thereto by means of expansion bolts or by means of bolts passing through such brickwork or masonry and secured on the opposite side thereof. Such bolts shall be not less than 12 mm in diameter.
(3)Every sign affixed to a building or a wall shall be supported by at least four independent supports so designed and disposed that any two of such supports will safely support the sign with a safety factor of 2.
(4)All exposed metalwork in a sign or its supports shall be painted or otherwise treated to prevent corrosion and all timber in a sign or its supports shall be treated with creosote or other preservative to prevent decay.
(5)Every person displaying a sign shall cause such sign and its supports to be maintained in a safe condition at all times and any person who contravenes the provisions of this sub-section shall be guilty of an offence.

19. Use of glass

All glass used in signs (other than glass tubing used in neon and similar signs) shall be plate glass at least 5 mm thick.

20. Precautions against fire

Except as provided in section 22, all illuminated signs and supports thereof shall be of incombustible material; provided that the municipality may allow any sign approved in terms of sections 14 and 15 and any support for any such sign to be of combustible material.

21. Electrical requirements

(1)No sign shall be illuminated except by electricity from the municipality’s mains where such supply is available.
(2)Every sign in connection with which electric current is used shall be provided with an external switch in a position to be determined by the municipality whereby the electricity supply to such sign may be switched off.

22. Exemptions

(1)The provisions of these regulations shall not apply to any sign inside a building, except illuminated signs in shop windows.
(2)There shall be exempted from the provisions of sections 3, 14, 15 and 20 any sign that falls into one or other of the following categories:—
(i)Any sign displayed by the municipality or by any omnibus or tramway company lawfully authorised to conduct a system of transport for use by the public, and any sign affixed to a street pole with the written permission of the municipality.
(ii)Any sign inside a shop window.
(iii)Any advertisement appearing in a newspaper or periodical sold in the streets, and any poster in connection therewith.
(iv)Any sign temporarily displayed on the occasion of—
(a)any public thanksgiving, rejoicing or mourning, or
(b)any other public function or occasion to which the municipality may apply the provisions of this paragraph.
(v)Any sign displayed on any vehicle ordinarily in motion upon, and any sign carried in public roads, excluding a vehicle or trailer which is towed for the exclusive purpose of displaying an advertisement.
(vi)Any unilluminated sign not projecting over a public road and not exceeding 0,60 m² in area, notifying only that the premises to which it is attached are to be sold on a date specified in such sign, or that a sale of furniture or household goods is to take place therein on a date specified in such sign (neither of which dates shall be more than one month after the date when the sign is first displayed); provided that only one such sign is displayed on any public road frontage of such premises and that it is removed within seven days after the said specified date.
(vii)Any unilluminated sign not projecting over a public road and not exceeding 0,20 m² in area, notifying only that the premises to which it is attached are for sale or to let or that lodgers and boarders may be received therein; provided that only one such sign is displayed on any public road frontage of such premises.
(viii)Any unilluminated sign not projecting over a public road and not exceeding 1,2 m in area, comprising only the name, address and telephone number of any building or premises not used for purposes of industry or trade, and attached to such premises; provided that only one such sign is displayed on any public road frontage of such premises.
(ix)Any unilluminated sign not projecting over a public road and not exceeding 0,20 m² in area, notifying only the types of trade, business, industry or profession lawfully conducted by any occupant of the premises to which it is attached, the name of such occupant, the address and telephone number of such premises and the hours of attendance (if any); provided that only one such sign is displayed by any occupant on any public road frontage of such premises.
(x)Any unilluminated sign not projecting over a public road and not exceeding 0,60 m² in area, advertising a function to be conducted on a date specified in such sign on the premises to which it is attached; provided that such function is not conducted for the private gain of any individual; provided further that such date is not more than one month after the date when such sign is first displayed; and provided lastly that only one such sign is displayed on any public road frontage of such premises and that it is removed within seven days after the said specified date.
(xi)Any unilluminated sign not projecting over a public road, which serves only for purposes of warning or indication of direction in relation to the premises to which such sign is attached, and which is no bigger or higher than is reasonably necessary for the effectual performance of its functions.
(xii)Any sign painted or otherwise executed on the glass of any window.
(xiii)Any sign required to be displayed by law.
(xiv)Any sign displayed at premises upon which building operations are taking place relating to any services being provided, or any work being done, or any goods being supplied in connection with such operations; provided that any such sign shall be forthwith removed when the provision of such services or the doing of such work or the supply of such goods, as the case may be, has ceased.

23. Signs exempted from approval subject to certain conditions and requirements

(1)Should any sign not comply with the conditions relative to each sign type listed below, an application in terms of section 3 shall be required.
(2)Subject to compliance with the conditions relative to each sign type listed herein below, and any other applicable legislation, or condition imposed by the municipality, no application for approval is required in terms of this by-law in respect of:
(a)Development Boards
(i)development boards shall be removed forthwith when the building operations are complete or forthwith if the building operations are discontinued, or when the provisions of the services, the doing of the work, or the supply of the goods to which the sign relates has ceased;
(ii)the municipality may order the removal of any such sign if the building operations have been substantially completed or discontinued or an Occupancy Certificate has been issued by the municipality, or the provision of the services, the doing of the work or the supply of the goods to which it relates, has for all practical purposes ceased, and such signs shall thereupon be forthwith removed but no later than 5 days after the date of the order for removal thereof;
(iii)if the premises on which building operations are in progress, are to be used wholly for residential purposes, only one development board shall be displayed and such development board shall not exceed 3 m² in total area;
(iv)if the premises are not to be used wholly for residential purposes, no more than two development boards shall be displayed and the aggregate area of both development boards shall not exceed 5 m² in total area;
(b)To Let/For Sale SignsThese include any sign not exceeding 400 mm x 500 mm in total area displayed at existing premises or at properties upon which a new building is being erected and relating to accommodation being offered to rent or purchase in the building, on condition that any such sign shall be removed within 60 days after the date upon which the accommodation to which it relates is capable of occupation;
(c)On Premises Business SignsThese include any unilluminated sign not projecting over a public road and not exceeding 0,4 m² in total area notifying only the types of trade, business, industry or profession lawfully conducted by any occupant or permanent resident of the premises to which it is attached, the name of such occupant, the type of activity, the address and telephone number of such premises and the hours of attendance (if any); provided that only one such sign per occupant may be displayed.
(d)Signs on Sports FieldsExcept when visible from scenic drives, any sign erected around the perimeter of a sports field, to a maximum size of 2 x 1m each, provided further that larger signs which face inwards onto the field and are not visible from any other public place, shall also be permitted.
(e)Security SignsAny security sign not projecting over a public road and not exceeding 0,2 m² in total area indicating either that a security watch scheme is in operation or that a security company has been contracted to protect the premises on which the sign is displayed, on condition that:
(i)only one such sign is displayed on any public road or each street frontage of such premises and;
(ii)the said sign displays only the name, logo, address and telephone number of a security company contracted to protect the premises on which the sign is displayed.
(f)Advertising on FlagsAdvertising flags shall only be displayed on flag poles, provided that no more than 3 flag poles of 3 m each in total height, shall be permitted on any one property on which they are displayed.

24. Factors relating to specific signs

(1)The municipality shall, in addition to the factors set out hereinabove, apply certain minimum standards to certain specific sign types and proposed localities when an application for approval is made in respect thereof. These specific standards and criteria are set out as schedules 1 to 3 to this by-law.
(2)The municipality may grant an exemption from the terms of this by-law in respect of the sign types set out in schedules 1 to 3 hereto having regard to:
(a)the area of control where it is proposed to display the sign/s;
(b)nature of the event;
(c)duration of the erection/display of the sign;
(d)size of the proposed sign;
(e)any traffic and/or safety and/or environmental or heritage impact assessment;
(f)the outcome of any public participation process

25. Savings

Nothing in this by-law contained shall be construed as affecting in any way rights belonging to, or duties imposed upon, the municipality as the body in whom is lawfully vested the ownership of, or the control over, any public road or other place or thing whatsoever within its area of jurisdiction.

26. Waiver of Regulations

(1)The municipality may, if it deems it desirable to do so, waive compliance with or relax the provisions of this by-law: Provided that any person whose rights are adversely affected by such waiver or relaxation shall not be bounded thereby.
(2)In each case in which such waiver or relaxation has been granted to any person, the municipality shall serve a written notice upon such person citing the relevant provision waived or relaxed and the extent to which such provision has been waived. In addition, the municipality shall keep a record containing an identical copy of each such notice, which record shall be available for inspection by members of the public at the offices of the municipality.

27. Offences

Any person who:
(1)contravenes or fails to comply with any provision of this by-law; or
(2)contravenes or fails to comply with any requirement set out in a notice served on him in terms of this by-law; or
(3)contravenes or fails to comply with any condition imposed in terms of this by-law; or
(4)knowingly makes a false statement in respect of any application in terms of this by-law,
shall be guilty of an offence and upon conviction be liable to:
(a)a fine or imprisonment, or either such fine or such imprisonment or both such fine and such imprisonment;
(b)in the case of a continuing offence, an additional fine or an additional period of imprisonment or either such additional fine or such additional imprisonment or both such additional fine and imprisonment for each day on which such offence is continued, and
(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention.

Schedule 1

Estate Agent Signs

Subject to approval in terms of this by-law, the erection and/or display of estate agent signs is permitted in all areas. In addition:
1."On Show" signs may be displayed only from 08h00 on Saturday to 20h00 on Saturdays, Sundays and Public Holidays.
2.Estate Agent signs may not be affixed to trees, traffic signal poles, electric light poles or other poles which carry road traffic signs, walls, fences, rocks, other natural features or landscaped areas, street furniture or other municipal property unless such other display is authorised by the municipality in writing.
3.On each sign, the wording "on show" "Show house, Show flat or Show plot" with the Agency’s name and directional arrow must be displayed.
4.Signs may be displayed on stakes making use of a design approved by the municipality. Estate Agent signs may not be displayed on concrete, premix or paved surfaces. It is not permissible for stakes to penetrate the ground deeper than 15 cm.
5.Estate agent signs may not exceed 0,3 m² in total area.
6.Not more than six estate agent directional signs will be permitted in total per show house, show plot or block of flats in which a show flat is on display. The definition of one sign shall include the display of two signboards only when such boards are sandwiched back to back.
7.Estate agent signs may not be displayed along scenic drives or access routes and/or on any bridge, public park, public open space or in areas where it will detract from the amenities of the streetscape or environment.
8.Only one directional sign per Show house/flat/plot may be displayed along any proclaimed road, excluding roads referred to in 7 above.
9.No Estate agent sign shall obscure a road traffic sign.
10.No Estate agent sign shall be erected on centre islands.
11.No Estate agent sign shall be erected in such a way that any part of it is closer than 1,5 m from a road verge.
12.Directional signs shall be displayed along main routes only, being the shortest route from a main road to the property.
13.No Estate agent signs may be erected on any tarred or paved areas of pavements.
14.Estate Agent signs are only allowed within the boundaries of premises and not on any sidewalk. Where such property is fenced with a wall, such sign may be affixed flat against the wall on a sidewalk.
15.Estate Agent signs shall be limited to six signs per premises and one sign per agency.
16."Sold"/"For Sale"/"To let"signs must be erected flush against the fence/wall of the property. On vacant stands such signs must be displayed on stakes making use of a design approved by the municipality and only be placed on the said stand or stands, not on the sidewalk.
17."Sold" signs may be displayed flush against the fence/wall of the property for a maximum of two weeks only.
18.No signs indicating anything other than property for sale may be erected or displayed by Estate agents or agencies.
19.Application by each estate agency on an annual basis must be made for permission to display Estate agent signs and approval shall be subject to payment of an annual fee in accordance with the municipality’s Tariff Policy.
20.Any Estate agent sign unlawfully erected, or in contravention of the provisions of this Schedule, will be subject to a charge by the municipality, in accordance with its Tariff Policy irrespective of whether such sign is removed by the municipality or not. In the event of the said sign not being removed by the municipality; photographic evidence of the unlawful sign will be obtained by the municipality prior to levying the said charge.

Schedule 2

Loose Portable Signs

Subject to approval in terms of this by-law, the erection and/or display of loose portable signs is permitted. In addition:
1.Such signs placed in any road reserve or in a public open pace without the written permission of the municipality is not permitted in terms of the by-law.
2.The municipality may remove those loose portable signs placed without it’s permission in any road reserve or municipal property. The municipality will impound these signs. Owners can recover their property on payment of the fees determined by the municipality from time to time which will be used to defray the cost of removal, storage and transportation.
3.The municipality will consider applications to permit the placement, within any road reserve or on municipal property of certain loose portable signs which comply with the following requirements:
(a)that signs do not pose a hazard in terms of safety to the public and are, in this regard, of appropriate structure and size.
(b)that signs do not obstruct or inconvenience the public either by its physical size or location.
(c)that signs do not unfairly prejudice other traders.
(d)that the signs, or proposed number thereof do not detract from the amenity of the local streetscape or local environment.
(e)that signs are solely to advertise the name of the business, goods and/or services for sale from the advertiser’s premises.
(f)the maximum dimensions of the proposed signs shall be 1,20 m (height) x 0,6 m (width).
(g)that the signs be placed directly in front of the advertisers’ premises, provided that the above criteria are met.
(h)A minimum clear footway width of 1,2 m adjacent to the sign be kept clear.
4.Approved loose portable signs will be allocated to a demarcated area within any road reserve or on municipal property where, during the normal trading hours, applicants may then place the sign. The said sign must be removed outside normal trading hours and stored away from public view.
5.The demarcated area for displaying loose portable signs, will be leased to an applicant at a rate to be set by the municipality from time to time.
6.Applicants will be required to indemnify the municipality against any claims for third parties that may arise, due to the placement of loose portable signs within any road reserve or on municipal property and shall take out third party insurance.
7.Notwithstanding the above the municipality may cause the removal or impoundment of loose portable signs should the applicant contravene any of the above conditions.

Schedule 3

Transit Advertising

Subject to approval in terms of this by-law, the erection and/or display of transit advertising signs is permitted. In addition:
1.The parking of a transit advertising sign which is visible from a public road or a public place for the purpose of third-party advertising is prohibited, except if it is displayed on a designated display site approved in terms of this by-law.
2.Transit advertising signs parked on private property for the purposes of storage shall be positioned in such a manner as not to be visible from a street or public place.
3.The advertising panel or portion of the vehicle used for transit advertising shall not exceed a cumulative total of 18 m² in areas of partial control, which size may be increased to a maximum size of 36 m² in areas of minimum control.
4.The municipality may designate sites in areas of partial and minimum control for transit advertising and shall publish such sites from time to time.
5.Notwithstanding any provisions of this by-law, the municipality or its authorised agent may without prior notice carry out the removal of any unauthorised transit advertising sign from municipal property, and, in the case of unauthorised transit advertising on private property, the municipality or its authorised agent may serve a notice calling for removal in terms of this by-law.
6.Transit advertising signs must be fixed to the ground at the parking location.
7.All such trailers should be registered as mobile transit advertising trailers with the municipality for ease of law enforcement.
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