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Municipal Premises and Facilities By-law, 2015
- Published in KwaZulu-Natal Provincial Gazette no. 1493 on 17 September 2015
- Commenced on 17 September 2015
- [This is the version of this document from 17 September 2015 and includes any amendments published up to 29 April 2023.]
PreambleWHEREAS there is a need for the Municipality to regulate the use of municipal premises and facilities;AND WHEREAS it is necessary for the Municipality to control access to municipal premises and facilities and set out the requirements for the hire and use thereof;NOW THEREFORE the Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Schedule 5 Part B of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context indicates otherwise—"art" means any creative act or object of human skill, craft or design in respect of which a municipal premises or facility may be made available for hire and use;"artist" means any person who is involved in the performance or creation of an art, and "artistic" 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)municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"camping officer" means a person who is designated by the Municipality to be in charge of a camping park;"camping park" or "caravan park" means any area of land which has been set aside by the Municipality for use as a camping park or caravan park, or as both;"camping site" means a site set aside and designated by a camping officer in a camping park for camping purposes;"caravan" means a vehicle or similar movable or towable structure on wheels which is designed to permit human occupation for dwelling or sleeping purposes, and includes a mobile home, trailer or camper van;"caravan site" means a site set aside and designated by a camping officer in a caravan park for the parking of a caravan, with or without a side tent;"community centre" means anycommunity premises owned or operated by the Municipality which is used or is capable of being used by members of the community for activities of an indoor sporting, cultural or recreational nature, and "centre" shall have a corresponding meaning;"Constitution" means the Constitution of the Republic of South Africa, 1996;"facility" means any facility or structure owned by the Municipality which is or may be available for hire and use by members of the community in terms of this By-law, excluding a shopping centre;"hire" means entering into a contract with the Municipality upon payment of a prescribed fee for the use of a municipal premises or facility, and "hirer" has a corresponding meaning;"Municipal Council" or "Council" means the eThekwini Municipal Council, a municipal council referred to in section 157(1) of the Constitution;"Municipality" means the eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of South Africa and established in terms of PN343 of 2000 (KZN);"municipal manager" means a person appointed in terms of section 54A of the Systems Act as the head of administration of the municipal council;"municipal premises"means any community premises owned, vested or controlled by the Municipality which is or may be available for hire and use by members of the community or freely accessible in terms of this By-law for the purpose of conducting artistic, cultural, political, recreational or religious events and excludes shopping complexes, and "premises" shall have a corresponding meaning;"Policy" means the tariff policy adopted by the Council in term of section 74 of the Systems Act;"pool" means a municipal owned or controlled swimming pool or paddling pool provided by the Municipality for the use and enjoyment of the public and includes the premises, buildings and structures on which the pool is situated in;"prescribed fee"means a fee determined by the Council by resolution in accordance with the tariff policy adopted by the Council in terms of section 74 of the Systems Act; and"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
3. Objects of By-lawThe objects of this By-law are to—
4. Application of By-lawThis By-law applies to all premises under the ownership and control of the Municipality, irrespective of the area in which they are situated, excluding -
Hire and use of premises and facilities
Part 1 – Arts and culture and community centre facilities
5. Application for hiring of premisesAny person wishing to apply for the hiring of municipal premises must—
6. Municipality's right of refusal or cancellation
7. Use of premises
8. Payment of the prescribed feeA person who has hired premises is not entitled to the use of such premises, or to gain access thereto for preparation purposes, unless and until the prescribed fee for the hire thereof has been paid in full: Provided that the Municipality may exempt any person or organisation, on good cause shown, from payment of the whole or a portion of the prescribed fee.
9. Period of hireNotwithstanding any determination made by the Municipality regarding the dates and period for which the premises may be hired, the Municipality may allow the hirer reasonable access to the premises concerned prior to the commencement date of the period of hire in order to enable the hirer to make the necessary preparations and arrangements for the use thereof: Provided that the prescribed fee for the hire of the premises concerned must be paid in full before the hirer thereof may be allowed reasonable access thereto in terms of this section.
10. Terms and conditions of hireA person who makes an application for the hire of premises in terms of section 5 must, subsequent to the approval of such application by the Municipality, sign a hire agreement obtainable from the municipal department responsible for the premises in question setting out the terms and conditions of such hire.
11. Public display of terms and conditions of hire
12. Sub-lettingA hirer must not sub-let the hired premises or any part thereof to any other person, normay the hirer cede, pledge or renounce in favour of another person any of his or her rights or obligations under this By-law, nor allow any other person to occupy the premises without the prior written approval of the Municipality.
13. Condition of premises
14. Public announcement and advertising
16. Sale of refreshments
17. Municipal services
18. Operation and maintenance
19. Cancellation due to damage or destruction of premises
20. Cancellation due to breach
21. Responsibility of the hirer upon termination of the hire period
22. Inspection of premises upon termination of the hire period
24. Municipality's right of access
25. Fire and security regulationsA hirer must acquaint himself or herself with the Municipality’s Fire By-laws and any other applicable legislation which are from time to timein force in respect of the premises concerned, and must act in strict compliance therewith for the duration of the hire period.
26. Community centres
Part 2 – Camping and caravan parks
28. Terms and conditions
29. Application for a camping or caravan permit
30. Allocation and use of sites
31. Extension of permitsThe period of validity of a permit may be extended at the discretion of a camping officer if the site concerned has not already been allocated to another person for the period in respect of which the extension is required.
32. Proper use of roads and pathwaysA permit holder and any member of his or her party must travel to and from a camping site using the established roads and pathways within the camping or caravan park.
33. Reservation of sites
34. Right of refusal to issue or renew permitsA camping officer may refuse to issue or renew a permit to any person whom the camping officer reasonably suspects of having contravened any provision of this By-law.
35. Cancellation of permitsSubject to due process in terms of the Constitution and any other applicable law, the camping officer may cancel the permit of a permit holder if such permit holder or any member of his or her party commits a breach of any provision of this By-law.
36. ProhibitionsA person may not—
37. Site to be left in a clean and tidy conditionA permit holder vacating a camping or caravan site must—
Part 3 – Sport facilities and pools
38. Terms and conditions
39. Reservation of sport facilities
40. AnimalsNo person may bring any animal other than a guide dog into a sport facility or pool without the prior written approval of the authorised official, unless—
41. Firearms and traditional weaponsFirearms or traditional weapons may not be brought into a sport facility unless, subject to the availability of safes or other appropriate storage facilities at the entrance to the facility, they are surrendered to the authorised official for safe keeping and must be collected from that official upon departure from the sport facility.
42. Oools operating times
43. Admission into the pool premises
44. Exclusive use
45. Change room facility
46. Coaching and instruction
47. Prohibitions relating to pools
48. IndemnityThe hirer indemnifies and holds harmless the Municipality against and from any claims for damages or otherwise and costs, including costs as between attorney and client, that may be made against it by reason of any harm or loss suffered by any person during or associated with the use of the premises hired or the activities taking place in the hired premises during the period of the hire.
49. Municipality not liable for loss or damage
50. Offences and penalties
53. Repeal of laws and savings
54. Short title and commencementThis By-law is called the Municipal Premises and Facilities By-law, 2015, and takes effect on the date of publication thereof in the Provincial Gazette.
History of this By-law
17 September 2015 this versionPublished in KwaZulu-Natal Provincial Gazette no. 1493By-law commences.
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