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This is the latest version of this By-law.
Filming By-law, 2005
- Published in Western Cape Provincial Gazette no. 6277 on 24 June 2005
- Commenced on 24 June 2005
- [Up to date as at 28 May 2021]
PreambleWHEREAS the Council recognises the important role that filming plays in the economy of the Western Cape; WHEREAS the Council is committed to make every effort to facilitate the processing of applications for permission to carry out filming in its area of jurisdiction; WHEREAS the Council wishes to provide a one-stop facility for the processing of applications for filming while still acting within the constraints of the provisions of the Constitution and existing legislation:
1. DefinitionsIn this by-law, unless inconsistent with the context:— "authorised official" means an official of the Council authorised to administer, implement and enforce the provisions of this by-law; "City Manager" the person appointed by the Council in the capacity of municipal manager; "Council" means the council of the municipality; "Council land" means any land the ownership of which is vested in the Council or which is under the control of the Council; "filming" means the recording of images, moving or still, whether on film or by video tape, electronically or by any other means, but excludes the video recording of a wedding ceremony or other private celebration or event for the purpose of making a video record thereof for its participants, or the recording of current affairs or news for immediate release; "municipality" means the Municipality of Cape Town; "prescribed tariff" means a tariff determined and imposed by the Council in terms of the Tariff Policy By-law, and "Tariff Policy By-law" means the tariff policy by-law promulgated by the Council in terms of section 75 of the Local Government: Municipal Systems Act, No 32 of 2000, or pending such promulgation, a decision by the Council in terms of section 75A of that Act to levy and recover fees, charges or tariffs.
2. Application of this by-law
3. Control of filming
4. Permission to be obtained from the city manager
5. InsuranceThe applicant must provide:— (a) evidence, to the satisfaction of the City Manager, of appropriate indemnity cover, and (b) where it is the intention that stunts, special effects, pyrotechnics or any other activity which may put the public at risk will be involved, evidence to the satisfaction of the City Manager of appropriate specialised risk insurance, blanket liability or work cover.
6. Appointment of authorised officials and delegation
7. Compliance notices
8. Offences and penaltiesA person who contravenes a provision of this by-law, or fails to comply to a condition or notice legally issued in terms of this by-law, is guilty of an offence and on conviction liable to the payment of a fine.
History of this By-law
24 June 2005 this versionPublished in Western Cape Provincial Gazette no. 6277By-law commences.