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Metered Parking By-law, 2006
- Published in KwaZulu-Natal Provincial Gazette no. 6464 on 9 February 2006
- Commenced on 9 February 2006
- [This is the version of this document from 9 February 2006 and includes any amendments published up to 29 April 2023.]
1. Definitions"authorised officer" shall mean a Peace Officer, Traffic Warden or person appointed by the Council to carry out enforcement of these bylaws."ambulance" shall mean a motor vehicle specially constructed or adapted for the purposes of conveyance of the sick or injured to or from a place for medical treatment."breakdown vehicle" - shall mean a motor vehicle designed or adapted solely for the purposes of recovery or salvaging motor vehicles and which is registered as a breakdown vehicle."Council" shall mean the eThekwini Municipality, as established under Proclamation 343 of 2000, in terms of the Local Government : Municipal Structures Act, 1998 (Act No. 117 of 1998)."fire-fighting vehicle" shall mean a motor vehicle designed or adapted solely or mainly for fighting fires and which is registered as a fire-fighting vehicle."Kerb line" shall mean 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."Methods of Payment" shall include South African coins, credit or smart card, whichever is indicated on the meter or pay and display machine"metered parking" shall be parking within the jurisdictional area of the eThekwini Municipality, for which the stay of a motor vehicle shall be metered by either a parking meter or a pay and display machine, and charged out at the prescribed rate determined, by the Municipality in accordance with the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)."metered parking bay" shall mean an area demarcated for parking by means of road markings in terms of the Road Traffic Act, to which a meter or pay and display machine is installed for measuring parking."Motor Vehicle" shall mean any self-propelled vehicle and includes-:(a)a trailer(b)a vehicle having pedals and an engine or an electrical 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 which is propelled by electrical power derived from storage batteries and which is controlled by a pedestrian.(ii)any vehicle with a mass not exceeding 230 kilograms and specifically 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."owner" in relation to a motor vehicle shall mean; —(a)the person who has the right to the use and enjoyment of a motor vehicle in terms of the Common Law or a contractual agreement with the title holder of such motor vehicle.(b)a motor dealer who is in possession of a vehicle for the purposes of sale and who is registered as a motor dealer."park" for the purposes of these bylaws means to keep a vehicle stationary, whether occupied or not, and whether the engine is running or not, within a metered parking bay."parking meter" shall mean any mechanical, electrical or electronic device or appliance designed for the purpose of automatically measuring and indicating the period of time within which a motor vehicle is or may legally be parked in a metered parking bay, and includes the stand to which the meter is affixed."Pay and Display Machine" is a parking meter (including the plinth) which upon payment of the prescribed fee issues a ticket indicating the date of issue and period of time within which a vehicle may be legally parked in a metered parking bay."Public Road" shall mean a road or street or thoroughfare or any other place which is commonly used by the public or any section thereof which the public or any section thereof has a right of access and includes the verge of any such road, street or thoroughfare."Prescribed Fee" shall mean Councils Tariff of Charges, as contained in Schedule 1."Pound" shall mean a place declared as a pound where impounded vehicles are stored"Shoulder" shall mean that portion of the road or street or thoroughfare, between the edge of the roadway and the curb line."Ticket" in relation to parking, shall be a written record of the period and time purchased from a pay and display machine and shall indicate, inter alia, the date of purchase, to which it applies and the time of expiry of the validity"Unique number" shall mean the exclusive serial number, which is printed on the ticket generated by the pay and display machine."verge" shall mean that portion of the road, street or thoroughfare, between the road edge and the boundary demarcating the road reserve and which includes the sidewalk.
2. Onus of proof
3. Powers of Council in relation to metered parkingThe Council shall have the power to —
4. Installation of parking meters and pay and display machines
5. Information to be displayed on parking meters and recorded by pay and display machines
6. Manner of display of ticket
7. Manner of parkingEvery motor vehicle shall be parked wholly within the parking bay and no part of such motor vehicle shall protrude outside the limits of that demarcated bay.
9. Parking for persons with a permanent physical disability or mobility impairment
10. Inoperable meters and inoperable and faulty pay and display machines
11. Towing of motor vehicles
12. OffencesNo Person shall —
13. Penalty clauseAny person who contravenes any section of these bylaws shall be guilty of an offence and liable upon conviction to payment of a fine, or imprisonment of not more than six months.
14. Non-exemptionPersons who pay another person to perform a security function, or to watch over his motor vehicle, shall not be exempt from paying the prescribed fee for parking.
15. Tariff of chargesAs per Schedule 1
History of this By-law
9 February 2006 this versionPublished in KwaZulu-Natal Provincial Gazette no. 6464By-law commences.
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