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This is the latest version of this By-law.
Events By-law, 2009
- Published in Province of Western Cape: Provincial Gazette no. 6630 on 22 May 2009
- Commenced on 22 May 2009
- [Up to date as at 17 November 2020]
PreambleWHEREAS the City of Cape Town recognizes that the hosting of events is a significant part of its competitiveness strategy and acknowledges that events have an important role in modern cities to enhance cultural and social cohesion in communities, support urban rejuvenation and economic growth;WHEREAS the City of Cape Town aims to regulate holding of events in a manner that ensures proper management thereof;WHEREAS the City of Cape Town wishes to support the co-ordination and collaboration between all role-players, to promote partnerships and to enhance the effect of events in the City;AND WHEREAS the City wants to ensure that events happen safely and securely in a coordinated manner in the City of Cape Town;AND NOW THEREFORE, BE IT ENACTED by the City of Cape Town, as follows:—
Definitions and application
1. DefinitionsIn this By-law, unless the context otherwise indicates —"authorized official" means an employee of the City responsible for carrying out any duty or function or exercising any power in terms of this By-law and includes employees delegated to carry out or exercise such duties, functions or powers;"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 No. 117 of 1998), or any structure or employee of the City acting in terms of delegated authority;"City Manager" means the person appointed as City Manager in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"Council" means the council of the City of Cape Town or any political structure, political office bearer, councillor or any staff member acting under council’s delegated or sub-delegated authority;"event" means —(a)any sporting, recreational or entertainment event, including live acts, flash mobs and events promoted through online event campaigns;(b)any educational, cultural or religious event;(c)any business event including marketing, public relations and promotional, or exhibition events; or(d)any charitable event, including any conference, organizational or community event,or any similar activity hosted at a stadium, venue or along a route or its precinct, that is planned, has a clear programme, control and accountability, but excludes an event hosted by a private person held in his or her private capacity at any venue, or filming staged in terms of the By-law relating to Filming;"event coordination committee" means the event planning committee of the City which comprises of all the service departments of the City;"event organiser" means a person appointed by an event owner to apply for an event permit and to manage the event;"event owner" means(a)the person funding the event; or(b)the person who holds the rights to an event;"Event Permit Officer" means the head of the City of Cape Town events permit office;"Events Policy" means the event policy of the City;"event safety and security planning committee" means the committee contemplated in section 15 of the Safety at Sports and Recreational Events Act, 2010 (Act No 2 of 2010);"flash mob" means a group of people mobilised via telecommunications, social media or e-mails to assemble in a public place for a specific purpose for a brief time and then quickly disperse;"online event campaigns" means a marketing campaign for the promotion of an event through the use of the internet or social media;"permit" means a permit issued for the holding of an event in terms of section 5(3);"person" means a natural or juristic person;"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;"purpose-built venue" means a venue correctly zoned, built and suitable for the holding of specific events;"safety and security plan" means the safety and security plan, referred to in section 16(1)(b) of the Safety at Sports and Recreational Events Act, 2010 (Act No 2 of 2010), providing for the coordination of the functions of the role players involved in the provision of safety and security at the event;"safety officer" means a person whose job it is to develop and recommend measures for promoting personal safety, and to monitor and anticipate hazardous and unsafe situations;"stakeholder" includes any person, organization or body who is affected or has a role to play in the management or holding of an event; "this By-law" includes the Schedules hereto;"venue" means any open space, enclosed or semi-enclosed temporary structure or permanent structure zoned in terms of the applicable legislation –(a)within which a temporary or permanent structure may be erected, where an event is to be hosted; and(b)which, for the purposes of any categorization, designation and certification of an event may consist of —(i)seating for spectators, attendees or an audience; or(ii)a field of play or a permanent or temporary podium or other area within a venue, reserved for the purposes of hosting an event;"venue owner" means any person or legal entity that, now or in the future, will directly or indirectly own, lease, rent, acquire or exercise the powers of an owner or occupier of a venue used for events.
2. Application of this by-law
Application process, requirements, decisions and enforcement
3. Submission of applications for approval to hold or stage events
4. Requirements and conditions
4A. Safety Officer
4B. Minimum criteria for appointment as safety officerAny person who is to be appointed as a safety officer at an event must be in possession of a qualification relating to occupational health and safety.
5. Decisions on events
6. CriteriaThe Events Permit Officer must ensure that applications for staging an event are considered in accordance with the following criteria, where applicable:(a)the type and size of an event;(b)impact of the event in terms of the strategic fit to the Events Policy;(c)impact of the event in respect of noise and amplified sound, traffic and logistical aspects, as well as marketing, economic, social and environmental objectives;(d)the proposed use of the land complies with the applicable zoning scheme and any conditions applicable thereunder;(e)the safety and security risk management of the event in respect of the event plan, logistics, location, site design and other activities taking place near or at the eventvenue and other threats to the event;(f)return on investment of the event, in cases where the event is sponsored fully or partly by the City; and(g)the event complies with all applicable legislation.
7. Holding of an eventEvent organisers whose applications have been approved in terms of this By-law are responsible for the event and must ensure that —(a)the event is held in compliance with the provisions of this By-law and does not contravene any other law;(b)the conduct of persons attending an event and the activities undertaken or carried out at the event do not negatively impact on affected communities during such event; and(c)any compliance notice issued by an authorised official in terms of section 8 is complied with.
8. Compliance notice
9. Inspections and right of access
10. Suspension, revocation and temporary refusal of permits
11. Agreements and partnerships
12. Delegations[Section 12 repealed by amendment on 2009-08-19]
13. Right of appeal
15. Offences and penalties
16. Short titleThis By-Law is called City of Cape Town: Events By-Law.
- Entire By-law
- Chapter 1 – Definitions and application
Chapter 2 – Application process, requirements, decisions and enforcement
- 3. Submission of applications for approval to hold or stage events
- 4. Requirements and conditions
- 4A. Safety Officer
- 4B. Minimum criteria for appointment as safety officer
- 5. Decisions on events
- 6. Criteria
- 7. Holding of an event
- 8. Compliance notice
- 9. Inspections and right of access
- 10. Suspension, revocation and temporary refusal of permits
- Chapter 3 – General provisions