Cape Agulhas
South Africa
South Africa
Public Nuisances By-law, 2005
- Published in Western Cape Provincial Gazette 6303 on 3 October 2005
- Commenced on 3 October 2005
- [This is the version of this document from 3 October 2005 and includes any amendments published up to 28 July 2023.]
1. Definitions
In this by-law, unless inconsistent with the context:—"authorised employee" means an official in the employ of the municipality, designated by the Municipal Manager;"domesticated animal" means an animal such as a dog, cat, fish or rodent, generally regarded as a pet;"Council" means the council of the municipality;"heavy vehicle" means any vehicle or trailer with a tare of three tonnes or more;"implement" means any machinery or equipment, whether selfpropelled or not;"municipality" means the Municipality of Cape Agulhas;"person in charge of a premises" means a registered owner of a property or business, an occupier, a manager or acting manager of a business or any other person who derives a benefit from the premises concerned;"public nuisance" means any act, omission or condition which is offensive, which is injurious or dangerous to health, which materially interferes with the ordinary comfort, convenience, peace or quiet of the public or which adversely affects the safety of the public;"zoned" means a use right which may be exercised on premises in terms of the provisions of a town planning scheme, and includes any approval which may have been granted in respect of the particular premises in terms of any town planning legislation.2. Public nuisances prohibited
A person may not cause a public nuisance.3. Declaration of public nuisances
A public nuisance is created by, but is not limited to—Animals4. Compliance notice
5. Application
6. Transitional arrangements
A person who can prove that an approval was granted in terms of any by-law contained in the schedule, may continue to act in terms of the approval granted in terms of that by-law, provided that:—7. Offences and Penalties
History of this document
03 October 2005 this version
Published in
Western Cape Provincial Gazette number 6303
Commences.