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Streets, Public Places and the Prevention of Noise Nuisances By-law, 2007
- Published in Western Cape Provincial Gazette no. 6469 on 28 September 2007
- Assented to on 30 May 2007
- Commenced on 28 September 2007
- [This is the version of this document from 14 February 2022 and includes any amendments published up to 23 September 2022.]
- [Amended by Streets, Public Places and the Prevention of Noise Nuisances: Amendment on 14 February 2022]
PreambleWHEREAS the City of Cape Town ("the City") may make and administer by-laws for the effective administration of such matters as the control of public nuisances, municipal roads, public places, traffic and parking;AND WHEREAS aggressive, threatening, abusive or obstructive behaviour of persons in public is unacceptable to the City;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:—
1. DefinitionsIn this By-law, unless the context indicates otherwise—"authorised official” means an employee of the City responsible for carrying out a duty or function or exercising any power in terms of this By-Law and includes any employee delegated to carry out or exercise the duty, function or power;[definition of "authorised official" inserted by section 1(a) of the Amendment By-law, 2021]"beg" means any request made by a person for an immediate donation of money or some other thing of value or otherwise. This definition does not include passively standing or sitting with a sign or other indication that one is seeking donations without addressing any solicitation to any specific person other than in response to an enquiry;"City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000 issued in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), as amended, or any structure or employee of the City of Cape Town acting in terms of a delegated or sub-delegated authority thereof or any duly authorised agent;"collection" means the door-to-door collection of money or some other thing of value in terms of written permission obtained from the City;"heavy motor vehicle" includes a truck, light truck, bus, horse-and-trailer, caravan, or any other like vehicle wherein it is possible to have persons residing, sleeping or committing any unlawful act or conduct;"kerb line" means the boundary between the shoulder and the verge or, in the absence of a shoulder, the part between the edge of the roadway and the verge;"informal settlement" means an area without formal services and with informal housing; Includes a settlement for residential purposes or a township for which no approval has been granted in terms of any law, or a township other than a formalised township as defined in section 1 of the Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991), and any land which has been designated as land for a less formal settlement in terms of section 3(1) of the Less Formal Township Establishment Act, 1991 (Act No. 113 of 1991);"motor vehicle" means any self-propelled vehicle and includes—(a)a trailer; and(b)a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not include—(i)any vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or(ii)any vehicle with a mass not exceeding 230 kilograms and specially designed and constructed, and not merely adapted, for the use of any person suffering from some physical defect or disability and used solely by such person;"obstruction" in relation to a road, means any motor vehicle or any other thing which blocks or is likely to block traffic flow; "overnight" means the period from 20h00 in the evening to 06h00 in the morning;"parking and related services" means parking services, car cleaning services, car washing services, car security services, windscreen washing services and any other similar services;"peace officer" [definition of "peace officer" deleted by section 1(b) of the Amendment By-law, 2021]"public parking space" means any space in a public place designated by the City for the parking of a motor vehicle;"public place" means—(a)a public road;(b)any parking area, square, park, recreation ground, sports ground, sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery which has—(i)in connection with any subdivision or layout of land into erven, lots or plots, been provided, reserved or set apart for use by the public or the owners or occupiers of such erven, lots or plots, whether or not it is shown on a general plan, plan of subdivision or diagram;(ii)at any time been dedicated to the public;(iii)been used without interruption by the public for a period of at least thirty years expiring after 31 December 1959; or(iv)at any time been declared or rendered as such by the City or other competent authority; or(c)a public transportation motor vehicle,(d)but will not include public land that has been leased or otherwise alienated by the City;"public road" means any road, street or thoroughfare or any other place (whether a thoroughfare or not) 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 bridge, ferry or drift traversed by any such road, street or thoroughfare; and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"public transportation motor vehicle" includes any train, bus, minibus or motor vehicle travelling on land, water or in the air, conveying members of the public at a fee;"roadway" means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic which is between the edges of the roadway;"shelter" means any structure that provides privacy or cover, that has one or more sides enclosed;"shoulder" means that portion of a road, street or thoroughfare between the edge of the roadway and the kerb line;"sidewalk" means that portion of a verge intended for the exclusive use of pedestrians;"street entertainer" means a person who mimes, plays a musical instruments for entertainment or engages in other performing or visual arts;"vehicle" means a device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails; and"verge" means that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway or the shoulder.
2. Prohibited behaviour
3. Noise nuisanceNo person shall in a public place—
4. Street and door-to-door collectionsNo person shall collect or attempt to collect money in a public place, or organise or in any way assist in the organization of such collection, except with the written permission of the City and otherwise than in accordance with such conditions as may be determined by the City, which shall not disbar any person or organisation from collecting money from door-to-door.
5. Parking and related services
6. Prohibitions relating to motor vehicles
7. Objects causing an obstructionNo person, other than a authorised official or other official or person acting in terms of the law shall—
8. Trees causing an interference or obstruction
9. Trees in streets
10. Goods, building materials, motor vehicle wrecks, dangerous objectsNo person shall—
11. Excavations in streets
12. Poison in streets and conveyance of animal carcasses and other waste
13. Prohibition of certain activities in connection with objectsNo person shall in a public place—
14. Drying of washing on fences on boundariesNo person shall dry or spread washing, bedding or other items in a public place or on a fence on the boundary of a public road except where conditions in an informal settlement are such that it is not possible to do otherwise.
15. Prohibition upon skating, rollerskating and dangerous actsNo person shall—
16. Control of goods offered for sale
17. Bridges and crossings over gutters and sidewalksNo private crossing, pathway, bridge or culvert shall be made or built to or in front of any dwelling or other premises in any public place—
18. Control of amusement shows and devices
19. Sleeping or residing in motor vehicles prohibitedNo person shall, in a public place—
20. Display of street numbers
22. The city may act and recover costs
22A. Enforcement powers
23. Offences and penalties
24. Repeal of existing by-laws
25. Short title
History of this By-law
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