Parks and Recreational Grounds By-law, 2015
Commences on 13 April 2016 unless otherwise noted
1. DefinitionsIn this By-law, unless the context indicates otherwise – "animal" means any mammal, fish, bird, reptile, insect, amphibian or invertebrate; "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; "Constitution" means the Constitution of the Republic of South Africa, 1996; "Council" or “Municipal 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 and established in terms of PN343 of 2000 (KZN); "Municipal Manager" means the official of the Municipality appointed as contemplated in section 54A of the Systems Act; "notice" means a written notification issued or pictogram displayed in terms of this By-law which is prominently and legibly displayed in any part of a park; "park" means any park, recreational ground, open space, square, reserve, bird sanctuary, botanic or other garden which is under the control or ownership of the Municipality, and includes all buildings, facilities, equipment, trees and natural vegetation within such park; "person" means a natural or juristic person; "Policy" means the tariff policy adopted by the Council in term of section 74 of the Systems Act; "prescribed fee" means a fee determined by the Council by resolution in accordance with the Policy; "reservation" means a written application to the Municipality for the use of a park or any part thereof for the purpose of a private event or function, and “reserve” has a corresponding meaning; "Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); "tree preservation order" means an order issued by the Municipality for the protection of specific trees or a group of trees from deliberate damage or destruction; and "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 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.
2. Interpretation of By-lawIn the event that 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 – (a) protect and preserve parks for the benefit of the public; (b) regulate proper use and enjoyment of parks by members of the public; (c) standardise the fees prescribed for the reservation of parks for private events and functions; and (d) provide for matters incidental thereto.
4. Application of By-lawThis By-law applies to – (a) all parks under the ownership or control of the Municipality; and (b) any park which is lawfully controlled and managed by a person other than the Municipality in terms of an agreement concluded between such person and the Municipality.
5. Terms and conditions
6. Entrance into a parkA person may only enter a park through the gates provided for that purpose as indicated on a notice displayed at or near the entrance to the park.
7. Maximum number of personsThe Municipality reserves the right to determine the maximum number of persons who may be present in a park at any one time: Provided that an authorised official may vary the maximum number of persons allowed in a park where permission is granted for a park to be used for either a different purpose or a private event or function as contemplated in section 11.
8. Entrance fees
9. Closure or restriction of access
10. Exclusion or removal from a park
Private events and functions
11. Reservation of park for private event or functionAny person who wishes to apply for the reservation of a park or part thereof for a private event or function must – (a) submit an application to the authorised official on the form prescribed by the Municipality for that purpose; and (b) make payment to the Municipality or its authorised agent of a prescribed fee for the private use of the park before the date applied for, unless payment of the prescribed fee is exempted by the Municipality in writing.
12. Municipality's right of refusal or cancellation
13. Terms and conditions of private use of park
14. Public announcement and advertising
15. Food and alcoholic beverages
16. Starting of a fire
18. Facilities reserved for children
20. Tree preservation orders
21. Prohibited conduct
22. Offences and penalties
25. Repeal of laws and savings
26. Short title and commencementThis By-law is called the Parks and Recreational Grounds By-law, 2015, and takes effect six months from the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
|Number and year of law||Title||Extent of repeal|
|Provincial Notice No. 136 of 1928 (as amended) published in Provincial Gazette No. 1028 dated 26 April 1928||Parks and Pleasure Grounds By-law||The whole|
|Provincial Notice No. 493 of 1963 published in Provincial Gazette No. 3182 dated 21 November 1963||Borough Of Amanzimtoti By-Laws Controlling Parks And Pleasure Grounds||The whole|
|Municipal Notice No. 30 of 2002 published in Provincial Gazette No. 6125 dated 5 September 2002||Ethekwini Municipality Interim Parks And Recreation Grounds By-Laws||The whole|
|Provincial Notice No. 87of 1953 published in Provincial Gazette No. 4769 dated 15 October 1990||Gillitts Town Board Standard By-Laws||The whole|
|Provincial Notice No. 493 of 1963 published in Provincial Gazette No. 3182 dated 21 November 1963||Borough Of Isipingo By-Laws Controlling Parks And Pleasure Grounds||The whole|
|Provincial Notice No. 57 of 1971 published in Provincial Gazette No. 3601 dated 28 January 1971||Borough Of New Germany By-Laws Relating To Public Parks, RecreationGrounds And Open Spaces||The whole|
|ProvincialNotice No. 87 of 1953 published in Provincial Gazette No. 2461 dated 10 March 1953||Township Of Mount Edgecombe Standard By-Laws||Chapter XX By-Laws Relating To Public Amenities|
|Provincial Notice No. 87 of 1953 published in Provincial Gazette No. 2461 dated 10 March 1953||Township Of Tongaat Standard By-Laws||Chapter Xx By-Laws Relating To Public Amenities|
|Provincial Notice No. 509 of 1973 published in Provincial Gazette No. 3759 dated 20 September 1973||Borough Of Umhlanga Parks And Pleasure Grounds By-Laws||The whole|
|Provincial Notice No. 442 of 1965 published in Provincial Gazette No. 3294 dated 28 October 1965||Township Of Umkomaas By-Laws Relating To Parks, Gardens, Beaches, Swimming Baths, Sports Grounds And Public Places||The whole|