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Public Parks By-law, 2010
- Published in Western Cape Provincial Gazette no. 6788 on 10 September 2010
- Commenced on 10 September 2010
- [This is the version of this document from 10 September 2010 and includes any amendments published up to 6 May 2022.]
PreambleWHEREAS section 156(2) and (5) of the Constitution of the Republic of South Africa, 1996 provides that a City may make and administer by-laws for the effective administration of the matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions;AND WHEREAS Part B of Schedule 5 to the Constitution lists local amenities and municipal parks and recreation as local government matters;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 otherwise indicates —"animal" includes any mammal, bird, fish, reptile, insect, amphibian or invertebrate;"authorised official" means a member of staff of the City delegated by the City Manager and the Director: City Parks, or appointed by the City Manager to implement the provisions of this By-law, or any appointed external service provider referred to in section 76(b) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) and includes a law enforcement officer or traffic official of the City who has been declared a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977), acting when on duty and properly identified as such;"City" means the City of the City of Cape Town established in terms of section 12 of the Local Government: Municipal Structures Act, 1998(Act No. 117 of 1998), in Provincial Notice 479 of 2000 and published in Provincial Gazette Extraordinary 5588 dated 22 September 2000;"City Manager" means the person appointed by the Council in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act NO. 117 OF 1998);"Constitution" means the Constitution of the Republic of South Africa Act, 1996;"Council" means the council of the City of Cape Town, being a council as provided for in terms of section 18 of the Local Government: Municipal Structures Act, 1998(Act No. 117 of 1998), or any committee, any sub-council or any councillor of council, acting under delegated or sub-delegated authority of the Council;"Councillor" means the member of the Council;"Director: City Parks" means the employee of the City in charge of public parks of the City;"notice" means a written notification, or a pictogram issued in terms of this By-law as set out in Schedule 1, prominently and legibly displayed at the entrance to or in any facility or part thereof to which it is intended to apply;"public park" means—(a)any botanical or other garden, play ground, zoned public open space managed by the Department of City Parks in the City, or a park owned or leased by the City, including any portion thereof and any facility or apparatus therein or thereon, but excluding any public road or street; and(b)any botanical, other garden or play ground which is lawfully controlled and managed in terms of an agreement by a person other than the Council;"Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act No.117 of 1998); "this By-law" includes the Schedules hereto;"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 which is designated 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 electric power 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.
2. Delegation and appointment of authorised officials
3. Maximum number of persons
4. Admission to and visiting a public park
5. Entrance fees
6. Dumping and litteringNo person shall in a public park —(a)dump, drop, bury or place any refuse, rubble, material or any object or thing; or(b)permit any dumping, dropping, burying, placing of any refuse, rubble, material or any object or thing,except in a container identified for that purpose in the park.
7. Liquor and food
9. Use of public parks
10. Trees in public parks
11. Safety and order
12. WaterNo person may in a public park—(a)misuse, remove, pollute or contaminate any water source, water supply or waste water;(b)interfere with or obstruct the flow of any river or seasonal wetland; or(c)drain or redirect any water from private land.
14. GamesNo person may play or conduct any game of any nature that will cause —(a)disturbance or potentially disturb; or(b)injury to,other park users except at places set aside for that purpose by notice and in accordance with the directions of the Director: City Parks.
15. Improper or indecent behaviourNo person may in a public park —(a)perform an act which is indecent or conduct himself or herself improperly by exposure of his or her person or otherwise, or make improper gestures or incite or urge someone to perform a disorderly or indecent act;(b)use foul, lewd or indecent language;(c)write, paint, draw or in any way make a lewd, explicit or immoral figure, writing, drawing or representation; or(d)enter or use a toilet facility intended or indicated as such by notice for members of the opposite sex, provided that this shall not apply to children below the age of seven accompanied by an adult.
16. Powers of an authorised officialAn authorised official may —(a)in a public park at any time enter upon any place, land, premises or building and conduct an investigation thereat in order to determine whether the provisions of this By-law are complied with;(b)for the better exercising of any power or the performance of any function or duty assigned or granted to him or her, take along an interpreter who, while acting under the lawful order of such an official, shall have the same powers, functions and duties as such official as contemplated in paragraph (a);(c)give instructions to or direct the public, for the purposes of this By-law, to act in a specific manner whilst at the public park.
17. Amendment, change and addition of a notice or pictogram
18. Offences and penalties
19. Repeal of by-laws
20. Short titleThis By-law is called the City of Cape Town: Public Parks By-law, 2010.
History of this By-law
10 September 2010 this versionPublished in Western Cape Provincial Gazette no. 6788By-law commences.