Informal Trading By-law, 2023
- Published in Provincial Gazette 8815 on 23 August 2023
- Assented to on 18 August 2023
- Commenced on 23 August 2023
- [This is the version of this document from 23 August 2023.]
2. Purpose of bylaw and fundamental principles
3. Freedom to tradeInformal trading is permitted within the jurisdictional area of the municipality, subject to any trading policy adopted by the municipality, the provisions of this ByLaw and any other applicable legislation.
4. Adoption of trading management policy
5. Types of informal tradingInformal trading may include—
6. Trading areas and demarcation
7. Trading permits and fees
8. Transfer of permits
9. Revocation of permitsThe municipality may, upon written notice issued to the informal trader, and after affording him or her an opportunity to make written representations, revoke a permit in the event of such informal trader—
10. Suspension of permits and re-location of traders
11. Infrastructure and basic servicesThe municipality may, where necessary, and within its financial and administrative capacity, ensure that—
12. Prohibition of and restriction on tradingInformal trading may not be conducted—
13. General prohibitionsAn informal trader may not—
14. Waste removal, cleansing and hygiene
15. Removal and impoundment
16. Impounded goods registerThe municipality must upon the presentation of such goods at the place of impoundment keep an impoundment register in the form as set out in Annexure A to this bylaw, which must be available for public inspection at any reasonable time.
17. Disposal of and sale of impounded goods
18. Abandoned goods
19. Dispute resolution and appeal
20. Vicarious liabilityWhen an employee or agent of an informal trader contravenes a provision of this Bylaw, or a condition of an informal trading permit, the informal trader shall be deemed to have committed such contravention himself or herself unless such informal trader satisfies the municipality that he or she took reasonable steps to prevent such contravention.
21. Offences and penalties
22. Transitional arrangementsAnything done under or in terms of any provision repealed by this bylaw shall be deemed to have been done under the corresponding provisions of this bylaw and the repeal in section 23 shall not affect the validity of anything done under the bylaw so repealed.
23. Repeal of bylawsThe Drakenstein Municipality: Bylaw Relating to Informal Trade, No. 14/2007, published in Provincial Gazette No. 6426 date 16 March 2007, is hereby repealed as a whole.
24. Short title and commencementThis Bylaw shall be known as the Drakenstein Municipality: Informal Trading Bylaw, 2023 and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this document
23 August 2023 this version
18 August 2023