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2010 FIFA World Cup By-law, 2009
- Published in Western Cape Provincial Gazette no. 6594 on 16 January 2009
- Commenced on 13 November 2009
- [This is the version of this document from 16 January 2009 and includes any amendments published up to 23 September 2022.]
PreambleWHEREAS:Section 156(1) of the Constitution confers on the City the power to make by-laws for the effective administration on matters which it has the right to administer;The City of Cape Town, as a host City for the 2010 FIFA World Cup wishes to adopt a by-law for the efficient running of the Competition in Cape Town;NOW THEREFORE, BE IT ENACTED by the City of Cape Town, as follows: -
1. DefinitionsIn this By-law the following terms shall bear the following meanings, unless the context otherwise indicates -"accreditation" means accreditation in terms of the Accreditation Systems and Procedure Annex;"Accreditation Systems and Procedure AlUlex" means the accreditation systems and procedures of FIFA, that will be applicable to the Competition;"Advertisement" means a visual representation including but not limited to a sign, illustration, object, mark, symbol or device of any kind which is in a public place or which is visible to the public from in a public place or which is visible to the public from any public place including but not limited to, any street or any public place or any other vantage point or which is under or over-hanging from any bridge. building or other structure. including sky writing, used for Advertising activity or any combination of such elements with the object of transferring information;"advertising" means the act or process of notifying. warning, informing, displaying, making known or any other act of transferring information in a visual or oral manner;"advertising structure" means any physical structure erected or positioned so as to display a sign or billboard, or to which a sign or billboard is attached:"ambush marketing" means marketing, promotional, advertising or public relations activity in words, sound or any other form, directly or indirectly relating to the Competition, and which claims or implies an association with the Competition or capitalises or is intended to capitalise on an association with, or gains or is intended to gain a promotional benefit from it to the prejudice of any sponsor of, the Competition, but which is undertaken by a person which has not been granted the right to promote an association with the Competition by FIFA and whose aforesaid activity has not been authorised by FIFA Competition;"air pollution" means, as defined by the National Environment Management: Air Quality Act, 2004 (Act No. 39 of 2004); "approval" means approval by the City including by an authorised official, and "approve" has a corresponding meaning; "authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to—(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)members of the South African Police Services or Metropolitan Police Officers as contemplated in the South African Police Services Act, 1995 (Act No. 8 of 1995);(c)such employees, agents, delegated nominees, representatives or service providers of the City as are specifically authorised by the City in this regard;"billboard" means any screen, board or sign supported by a freestanding structure which may be handwritten, hand drawn or hand painted, paper- posted, sign-written, pasted with vinyl or covered, pasted or written upon by a combination of such methods and which may feature special effects, which displays an advertisement;"branded licensee" means any person, not being a FIFA partner, FIFA World Cup sponsor or national supporter, to which FIFA grants the right to place any of the competition marks on products and related product packaging and product advertising materials which also bear the corporate identification or trademark of such person;"broadcast rights" means the right to broadcast, transmit, display, film and photograph the Competition, as well as all recordings thereof, or any part thereof, in any form and in all media now known or hereafter and the right to exploit the same;"broadcast rights holders" shall mean a person, that has acquired from FIFA, directly or indirectly, any part of the broadcast rights; "City" means the City of Cape Town established in terms of the Local Government: Municipal Structures Act 1998 (Act No. 117 of 1998);"City Manager" means a person appointed as City Manager in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"clear height" means the minimum vertical distance from the ground, road or surface level, whatever the case may be, to the underside of a sign; "commercial affiliate" means any FIFA partner, FIFA World Cup sponsor, national supporter and branded licensee;"Competition" means the 2010 FIFA World Cup South Africa TM which is scheduled to be contested from 11 June to 11 July in the year 2010 in the Republic of South Africa, under the governance of FIFA, including all matches and official events;"Competition marks" means—(a)the official emblem;(b)any official Competition mascot;(c)any official Competition poster;(d)any official Competition ‘look’ designs;(e)two or three dimensional representations of the FIFA World Cup trophy; and(f)any Competition-related designations including trade marks and marks as defined in the Trade Marks Act, 1993 (Act No.194 of 1993);"Controlled Access Site" means—(a)the locations of the matches including without limitation, the stadium;(b)the locations of the official events;(c)any other areas in respect of which admission is regulated by accreditation;(d)accreditation centres;(e)official training sites;(f)team hotels;(g)the official hotels for the FIFA delegation;(h)FIFA fan parks; and(i)any other area within the area of jurisdiction of the City, designated or demarcated by the City by notice in the press as a Controlled Access Site and shall include private property located therein;"demarcated space" means a portion of a road or the road reserve which has been identified and demarcated as a place where a vehicle may be lawfully parked;"Exclusion Zone" means the controlled zone situated immediately outside the outer perimeter of the stadium, as designated or demarcated by the City, including private property located therein;"FIFA" means Fédération Internationale De Football Association;"FIFA Delegation" means with respect to the Competition, the following persons—(a)FIFA staff and the staff of all FIFA subsidiary companies;(b)members of FIFA’s internal official committees;(c)guests of FIFA; and(d)all other individuals who are nominated by FIFA as being a member of the FIFA delegation;"FIFA fan park" means a fan park to be established by the City under the auspices and guidance of FIFA;"FIFA Member Association" means any national football association officially affiliated to FIFA;"FIFA partner" means a person to which FIFA grants the most comprehensive package of available marketing rights;"FIFA World Cup sponsor" means a person to which FIFA grants the second most comprehensive package of available marketing rights;"final draw" means the official draw ceremony for the Competition, by means of which the Participating Member Associations are allocated to Competition groups;"goods" means any items or stock displayed or kept by a street trader for the purpose of selling;"intersection" means any intersection as defined in the regulations promulgated in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"litter" includes any receptacle, container or other matter, which has been discarded or abandoned or left behind;"LOC" means the 2010 World Cup Organising Committee, an association incorporated under Section 21 of the Companies Act, 1973 (Act No. 61 of 1973) (Registration No. 2005/029945/08);"marketing rights" means all advertising, promotional, marketing, merchandising, licensing, franchising, sponsorship, hospitality, publishing, and any other rights or associated commercial opportunities other than the media rights related to or in connection with the Competition;"match" means each and every football match in its entirety, including extra time and penalty kick phases, of the Competition, including training matches and any delayed or deferred matches and replays;"media" means all members of the written press, photographers and electronic media entitled to media accreditation;"media rights" means the right to broadcast, transmit, display, film and photograph the Competition, as well as all recordings thereof, or any part thereof, in any form and in all media now known or hereafter and the right to exploit such rights;"Metropolitan Police Service" means the metropolitan police service as contemplated in the South African Police Services Act, 1995 (Act No.8 of 1995);"national supporter" means a person to which FIFA grants a package of specified marketing rights, such rights to be exercisable only in the Republic of South Africa;"notice in the press" means a notice published in the three official languages in newspapers circulating within the City;"nuisance" means—(a)any stream, pool, marsh, ditch, gutter, watercourse, cistern, watercloset, earthcloset, urinal, cesspool, cesspit, drain, sewer, dung pit, slop tank, ash heap or dung heap so foul or in such a state or so situated or constructed as to be offensive or to be injurious or dangerous to health;(b)any stable, kraal, shed, run or premises used for the keeping of animals or birds and which is so constructed, situated, used or kept as to be offensive or to be injurious or dangerous to health;(c)any accumulation of refuse, offal, manure or other matter which is offensive or is injurious or dangerous to health;(d)any public building which is so situated, constructed, used or kept as to be unsafe or to be injurious or dangerous to health;(e)any occupied dwelling for which no proper and sufficient supply of pure water is available within a reasonable distance;(f)any factory or industrial or business premises not kept in a cleanly state and free from offensive smells arising from any drain, water closet, earth closet, urinal or any other source, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health of those employed therein or thereon;(g)any factory or industrial or business premises causing or giving rise to smells or effluvia which are offensive or which are injurious or dangerous to health;(h)any area of land kept or permitted to remain in such a state as to be offensive;(i)any other activity, condition or thing declared to be a nuisance by the Minister in terms of the provisions of the Health Act, 1977 (Act No. 63 of 1977);(j)any act or condition which interferes with(i)the health or well-being of a person or the general public;(ii)the use and enjoyment by an owner or occupier of his or her property;(iii)the use and enjoyment by a member of the public of a public place;"official emblem" means any official logo or official device of the Competition;"official events" means any organisational, social, cultural and other official functions, ceremonies and draws staged, hosted or organised by the LOC or FIFA in connection with the Competition;"official training site" means a venue within the jurisdiction of the City selected to host any Competition-related training sessions for a team, including the surrounding and adjacent areas, parking facilities, media areas, concourses, fencing and entrances, under the control of the City;"owner" in relation to a sign includes the owner of immovable property or a person who owns or leases the advertising structure applicable to a sign, or will own or lease such advertising structure once it has been erected, and any person who has a right to share in the ownership or lease of such advertising structure;"Participating Member Association" means any FIFA Member Association whose representative Team has qualified to participate in the Competition;"person" means a legal person which includes a natural person, partnership, firm, corporation, corporation trust, unincorporated association, joint venture, company and close corporation;"premises" means an erf, stand, land, lot, plot, agricultural holding, farm portion or similar land entity, or any building or improvements thereon, registered in a deeds registry;"prohibited area" in relation to street trading, means a place declared in terms of section 6A(2) of the Businesses Act, 1991 (Act No. 71 of 1991) to be an area in which street trading is prohibited;"property" means in relation to a person carrying on the business of street trading any article, receptacle, vehicle or structure used or intended to be used in connection with such business;"public advertising media" means such advertising media space including, without limitation, light and electricity posts, and advertising space on public buildings as is owned, leased, administered by or under the direct control of the City;"public place" means—(a)any public land, square, public swimming bath, public resort, public recreation site, zoological, botanical or other public garden, park or hiking trail, including any portion thereof and any facility or apparatus therein or thereon, as well as any public open space, public road, road reserve, reserve street, lake, dam, or river;(b)any public building, structure, hall, room or office including any part thereof and any facility or apparatus therein, which is the property of, or possessed, controlled or leased by the City and to which the general public has access, whether on payment of admission fees or not;(c)any nature conservation area including—(i)nature reserves;(ii)protected natural areas;(iii)nature conservation worthy areas;(iv)natural open spaces;"public road" means a square, public street, avenue, road, sidewalk, an island located within a street, avenue or road, subway, avenue, bridge, walkway, public passageway and any thoroughfare shown on the general plan of a township or in respect of which the public has acquired a prescriptive or other right of way and which is more fully described in the National Road Traffic Act, 1996 (Act No. 93 of 1996);"recreation" or "recreational" means any leisure activity;"restricted area" in relation to street trading, means any area declared in terms section 6A(2) of the Businesses Act, 1991(Act No. 71 of 1991) to be an area in which street trading is restricted;"SAFA" means South African Football Association;"safety and security plan" means the safety and security plans to be implemented by the City during the Competition; "services" includes any advantage or gain for consideration or reward;"Sign" means—(a)any method of displaying writing, letters, numbers, figures, objects, Competition Marks, photographs, symbols or illustrations, and includes but is not limited to a non-physical sign projected onto a building or other structure or in the air with the aid of modern technology (e.g. laser beams), which device, article or non-physical sign is visible or distributed in any way whatsoever from a public place, or any place whatsoever, for the purpose of advertising, providing information, ambush marketing or attracting the public to any place, public display, article or merchandise for sale, and whether the surface of the sign is attached to or forms part of a building, or is fixed to the ground or to a pole, tree, screen or hoarding, Person, vehicle or other movable object; or(b)any method of displaying writing, letters, numbers, figures, objects, Competition Marks, photographs, symbols or illustrations which is displayed or distributed in any other way including but not limited to security signs, projecting signs, trailer signs, boundary wall signs, tourism signs, window signs, signs on buildings, sky signs, roof signs, flat signs, signs painted on walls and roofs of buildings, aerial signs, development signs, service facility signs, signs for sponsored road traffic projects, building wrap signs, construction site signs, tower and bridge signs, on-Premises business signs, signs at residential properties or community signs, forecourt signs, balcony, veranda, canopy and under-awning signs, functional signs by public bodies, real estate agent signs, electronic signs, signs for sale of goods or livestock, signs pulled or attached to or created by vehicles, hand held signs, banners, hand held signs, signs attached or incorporated into clothing, headgear, costumes, flags, spectator cheering articles or banners, and for the avoidance of doubt including any Billboard, but excluding City road traffic signs and City street name signs;"special event" means a parade, procession, race, concert, show, exhibition, festival, ceremony, film shoot, photographic shoot or any other similar event of a sporting, cultural or recreational nature which requires, for that purpose, exclusive use of the whole or a part of a public place;"stadium" means any stadium within the geographical area of jurisdiction of the City that will be used for purposes of the Competition, including the entire premises thereof inside the perimeter fence, the aerial space above such stadium premises, all parking facilities, hospitality areas, media zones, concession areas and commercial display areas;"street furniture" means any furniture installed by, or on behalf of the City on a public place;"street trader" means a person selling goods and includes a seller, peddler or hawker and also—(a)a person who as principal, agent, assistant, subcontractor, employer or employee carries on the business of street trading or on behalf of whom or for whose benefit the business of street trading is carried on; and(b)a person to whom a stand has been leased or allocated by the City and for as long as such person is carrying on the business of street trading on it;"street trading" means the selling of any goods in a public place;"team" means any team which represents a Participating Member Association and which has qualified to participate in the Competition. References to "team" shall include all squad members and coaches as stipulated in the 2010 Regulations as well as medical personnel and other auxiliary staff; "team hotel" means a hotel and any other location providing accommodation within the area of jurisdiction of the City, for a team;"term" means the period as speciﬁed in the Schedule;"ticket" means the evidential item representing that the ticket holder has the right to enter a stadium to attend a particular match or official event of the Competition and to obtain a particular seat allocated to the ticket for that purpose in accordance with the ticket terms and conditions and all applicable laws, and "ticketing" shall have a corresponding meaning;"ticket holder" means a person who has the right in terms of a ticket to attend a particular match or official event and to obtain a particular seat allocated to the ticket for that purpose;"traffic-free zone" means as defined in section 1 of the 2010 FIFA World Cup South Africa: Special Measures Act, 2006 (Act No. 11 of 2006);"verge" means a verge as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996); and"waste" means refuse and includes but not limited to any substance or article which a person wishes to dispose of because it is unwanted, superfluous, broken, worn out, contaminated or otherwise spoilt and that has been discarded or has been accumulated or stored so that it can be discarded, reused, reclaimed or recycled.
2. Application of the by-law
3. Purpose of the by-lawThe purpose of this By-law is to enable the City, during the term, to—
Principal provisions: advertising
4. Application and approvalFor the purposes of this Chapter approval shall mean approval in terms the City of Cape Town: Outdoor Advertising and Signage By-law published in Provincial Gazette Extra-Ordinary 5801 dated 5 December 2001 or any subsequent by-law replacing that By-law.
5. Ambush marketing and unlawful advertising
6. SafetyNo person shall erect, maintain, distribute or display a sign, a billboard or an advertising structure in a Controlled Access Site or an Exclusion Zone which—
7. Design and construction
8. MaintenanceAll signs in Controlled Access Sites and Exclusion Zones shall be maintained by their owners on proper regular basis, and the owner shall ensure that such signs are kept in a safe, neat and tidy manner.
9. Removal and impoundment of signs
Principal provisions: controlled access sites
10. Designation of controlled access sites and exclusion zones
11. General prohibition applicable to controlled access sitesNo person shall—
12. Exclusion zoneSubject to section 5, no person shall conduct business activities on a match day in the Exclusion Zone except with the approval of the City Manager granted specifically with regard to the Competition, provided that this prohibition shall not apply to persons who, in respect of their normal business activities, may lawfully conduct a business located on private property at the date of commencement of this By-law.
Principal provisions: public place and city beautification
13. City beautification for competition
14. General prohibition relating to public places and city beautificationNo person shall at a special event—
15. Access restrictionThe City Manager may restrict the general access to and use of any public open space in order to—
16. WasteNo person shall in a public open space—
17. VehiclesNo person shall in a public open pace—
18. Vegetation and animalsNo person shall without the express authorisation of the City Manager, within a public open space—
19. Use of public open spaces
Principal provisions: public roads and traffic guidance
20. General prohibition in respect of public roads
21. General prohibitions in respect of road traffic control
22. General prohibitions in respect of parkingThe City Manager shall be entitled to restrict public access to demarcated spaces and other parking areas in or around a stadium or other Controlled Access Site on match days or on the occurrence of official events, and in this regard shall be entitled to—
23. Instructions by authorised officialsAn authorised official may, for purposes of implementing or giving effect to the safety and security plan where the circumstances necessitate, and in the interests of ensuring or promoting traffic control or safety on a match day -
24. Road closure action by city managerThe City Manager may, after giving appropriate notices in the press, close temporarily any public road, street or thoroughfare vested in the City for purposes of traffic control, management or guidance or for purposes of implementing or giving effect to the safety and security plan whether or not in the vicinity of any stadium, official event, FIFA fan park, official training site, Exclusion Zone or Controlled Access Site.
Principal provisions: street trading
25. Approval for street tradingFor the purposes of this Chapter approval shall mean approval in terms of by-laws adopted by the City in terms of the Businesses Act, 1991 (Act No. 71 of 1991), or any legislation or law replacing such by-law or legislation.
26. Conduct of street traders in general and during the course of trading
27. Conduct of a street trader with regard to ensuring place of trading is kept cleanA street trader shall, for the term—
28. Regulation of street trading
29. Restricted and prohibited trading areasThe City may identify and demarcate restricted areas or prohibited areas in accordance with the Businesses Act, 1991(Act No. 71 of 1991), or any by-law regulating informal trading.
30. Prohibition on persons under the age of sixteen
31. Powers of entry to request and inspect approvals
32. Access rights and restrictions on controlled access sites
33. Instructions by authorised officials in respect of public open spacesAn authorised official may instruct any person to leave a public open space if—
34. Search and seizure powers of the city on public roads and in respect of contraventions on street trading
35. Right to make representationsNotices referred to in sections 9(1) (a) and (b), and 10(1) and (2) must—
36. Offences and penaltiesAny person who—
38. Short titleThis By-law is called the City of Cape Town: 2010 FIFA World Cup South Africa By-law, and shall operate for the term.
History of this By-law
13 November 2009By-law commences.
16 January 2009 this versionPublished in Western Cape Provincial Gazette no. 6594