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Outdoor Advertising By-law, 2018
- Published in KwaZulu-Natal Provincial Gazette no. 2097 on 4 July 2019
- Assented to on 27 September 2018
- Commenced on 4 July 2019
- [This is the version of this document from 4 July 2019 and includes any amendments published up to 1 December 2022.]
PreambleWHEREAS the Municipality recognises the key role that outdoor advertising plays in business and in the holding of events;WHEREAS the Municipality recognises that the regulation of outdoor advertising is essential in order to-(a) promote the image of the Municipality;(b) promote civic pride;(c) ensure the responsible use of the Municipality's natural environment;(d) promote a safe and healthy environment; and(e) protect the amenity of the areas under the jurisdiction of the Municipality;WHEREAS the Municipality has competence in terms of Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996 relating to such matters as the control of outdoor advertising;AND WHEREAS the eThekwini Municipal Council has competence, in terms of section 156(2) of the Constitution of the Republic of South Africa, 1996 to make and administer By-laws for the effective administration of the matters which it has the right to administer;NOW THEREFORE the eThekwini Municipal Council, acting in terms of section 156 read with Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996 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-"advertisement" means any-(a)visible or audible representation of a-(i)word or any abbreviation thereof;(ii)name or any abbreviation thereof;(iii)letter;(iv)figure; or(v)object;(b)sign or symbol; or(c)light which is not solely for illumination or used as a warning against danger, which is visible from any public place and which is intended to promote news headlines or any business, product, person, function, meeting, election or candidate in an election, event or activity;"advertising" means the act or process of displaying an advertisement and "advertise" has a corresponding meaning;"advertising control map" means a map prepared by the Municipality which graphically depicts areas of control;"advertising vehicle" means a vehicle constructed or adapted for the display of an outdoor advertising sign, and may include any object attached to the vehicle for the purposes of advertising;"aerial advertisement" means any outdoor advertising sign displayed in the air by means of a balloon, kite, inflatable object, aircraft or any other means;"alter" includes any-(a)change to the design, structure, size or illumination of an outdoor advertising sign, or its supporting structure; or(b)change of face;"applicant" means a person who makes an application for permission to display or alter an outdoor advertising sign;"arcade" means a covered pedestrian thoroughfare, whether or not located at ground level, passing wholly or partly through a building and to which the public usually has regular and unrestricted access;"area of control" refers to the degree of advertising control to be applied in a specific area in accordance with the degree of landscape sensitivity and traffic safety conditions and includes-(a)an area of maximum control;(b)an area of minimum control;(c)an area of partial control; and(d)a special advertising zone;"area of maximum control" means an area which is highly sensitive to advertising and where a high level of advertising control is applied;"area of minimum control" means an area which is relatively insensitive to advertising and where a lower level of advertising control is applied;"area of partial control" means an area which is moderately sensitive to advertising and where a moderate level of advertising control is applied;"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;"banner" means a piece of canvas or cloth, PVC or similar material on which an advertisement is displayed in such a manner as to be legible in windless conditions and is attached to one or more ropes, poles or a flagstaff or is attached to a building or other structure, but excludes a banner carried as part of a procession and a flat sign;"billboard" means any screen, board, hoarding, fence, wall or free-standing structure used or intended to be used for the purpose of displaying any third-party outdoor advertising sign and which does not exceed 81 m² in area; and includes electronic and digital billboards;"bit" means the basic unit for measuring the length of advertising messages and may consist of letters, digits, symbols, logos, graphics or abbreviations and for the purposes of this By-law bit values shall be calculated as follows:
"building wrap" means a temporary outdoor advertising sign consisting of vinyl mesh or similar material attached to the outside walls of a building;"canopy" means a rigid roof-like projection from the wall of a building;"change of face" means an alteration to the content of an advertisement on an outdoor advertising sign;"combination sign" means a sign comprising a number of smaller, individual signs, usually displaying different products or services, placed adjacent to each other on a single structure specially designed to accommodate more than one sign;"construction site hoarding" means an outdoor advertising sign comprised of vinyl mesh or similar material attached to the boundary wall or fence or to a structure to cover an unsightly construction site, during the construction of new buildings or renovations;"contractor" means a person who provides labour or materials in respect of construction, repairs, renovation or other building operations;"contractor's board" means an outdoor advertising sign that is temporarily displayed at premises on which building operations, repairs or improvements are being undertaken or in progress and which advertises the name, contact details and type of service or product offered by the contractor as well as the duration of the contract, and includes sub-contractors boards;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" means the eThekwini Municipal Council, a municipal council referred to in section 157(1) of the Constitution of the Republic of South Africa, 1996;"curtilage" is the whole of the area of land within the boundaries of the subdivision forming the site on which any building has been erected;"days" means any particular number of days for the doing of any act, or for any other purpose, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day happens to fall on a Saturday, Sunday or on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Saturday, Sunday or public holiday;"development board" means a sign displayed at premises describing the type of development to be carried out or being carried out on a construction premises and may include a pictorial representation of the proposed development; or relating to services being provided, but excludes a contract board for building or civil engineering projects required in terms of the Architectural Profession Act, 2000 (Act No. 44 of 2000);"digital" means an outdoor advertising sign which has a digitally controlled display surface which allows for different advertisements to be displayed, changed, animated or illuminated in different ways and at varying intervals;"directional sign" means any portable navigational sign which contains directors, arrows or displays distances to a place, premises or event;"display" means to erect or exhibit an outdoor advertising sign visible to the public view by any method whatsoever;"electronic outdoor advertising sign" means an outdoor advertising sign that has an electronically-controlled, illuminated display surface which allows the advertisement to be changed or illuminated in various ways;"EME" means an exempted micro enterprise, an enterprise with annual total revenue of R10 million or less (in terms of the Broad-Based Black Economic Empowerment Act);"engineer" means a person registered at the appropriate level with the Engineering Council of South Africa as a professional engineer or professional engineering technologist, professional certified engineer or professional engineering technician under the Engineering Profession Act, 2000 (Act No. 46 of 2000); and where required to be deemed competent in terms of the National Building Regulations;"environmental impact assessment" means an assessment of the impact that an outdoor advertising sign may have on the visual, social and traffic safety aspects of the specific environment or an assessment as required in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998);"estate agent" means an estate agent as contemplated in the Estate Agents Act, 1976 (Act No. 112 of 1976) or any other applicable law which regulates the registration of estate agents;"estate agent's board" means an outdoor advertising sign that is temporarily displayed to advertise land, premises, a development or other immovable property for sale, to let, rent; on auction or on show or which has been sold;"exempted outdoor advertising sign" means a sign contemplated in section 6 of this By-law;"fifty-fifty sign" means a combination outdoor advertising sign comprising of two individual advertisements displaying different products or services;"flag" means a piece of cloth, canvas, PVC or similar material on which an advertisement is displayed and which is attached to a single rope attached to a pole or flagstaff in such a way that its contents are not normally legible in windless conditions;"flat sign" means a sign which is affixed, attached to or painted onto an external wall but not to a parapet wall, balustrade or railing of a veranda or balcony of a building which is used for commercial, office, industrial or entertainment purposes and which at no point projects more than 300mm from the surface of such a wall and which may consist of a panel or sheet or of individual numbers, letters or symbols;"fly posters" means posters or placards which are stuck or attached to existing surfaces that are not intended specifically for the display of an outdoor advertising sign;"ground sign" means any sign which is affixed or secured to the ground and is not attached to any building;"handbill" means a printed sheet or pamphlet which is distributed by hand;"Head" means the Head of the relevant unit in the Municipality who is responsible for the regulation of outdoor advertising;"high impact outdoor advertising sign" means an outdoor advertising sign which has a high impact on the visual, social and traffic safety aspects of the specific environment;"illuminated outdoor advertising sign" means an outdoor advertising sign which is illuminated, whether by an electrical current or otherwise, and includes, but is not limited to, a laser beam;"intersection" means an intersection as defined in the regulations promulgated in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"kerb line" means 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, as defined in section 1 of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"locality bound outdoor advertising sign" means an outdoor advertising sign which directs the attention of the public to a place, business, undertaking or activity for the purpose of indicating its locality, and excludes a third party outdoor advertising sign;"low impact outdoor advertising sign" means an outdoor advertising sign which has little effect on the visual, social and traffic safety aspects of the specific environment;"moderate impact outdoor advertising sign" means an outdoor advertising sign which has a moderate effect on the visual, social and traffic safety aspects of the specific environment;"Municipality" means the eThekwini Municipality, a category A Municipality as envisaged in terms of section 155(1) of the Constitution;"Municipal property" means property owned by, vested in, leased by or under the control of the Municipality and includes a public place;"mural" means a sign which has been painted directly onto the wall of a building;"National Building Regulations and Building Standards Act" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) and "National Building Regulations" shall have a corresponding meaning;"National Road Traffic Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996);"non-combustible" means a material classified as non-combustible when tested in accordance with SANS 10177"non-locality bound outdoor advertising sign" means a sign displayed on a premises which refers to a product, place, business, undertaking or activity which is not located, rendered or provided on that premises;"nuisance" means anything which may cause or causes an environmental, traffic, social or visual hazard;"organ of state" means any department of state or administration in the national, provincial or local sphere of government;"outdoor advertising sign" means-(a)any screen, fence, wall, structure or other object or device, whether freestanding, attached to any other wall or structure or in the air or the supporting structure, intended to display an advertisement;(b)an advertisement; or(c)a combination of (a) and (b),and "sign" shall have a corresponding meaning;"owner" means the person in whose name the land is registered in the relevant deeds office or the person in possession of or having control over the land or premises, and includes-(a)in the case of a trust, the trustees of that trust;(b)the registered owner of a sectional title unit, where the interior of a sectional title unit is at issue;(c)the trustees of a body corporate, where the common property of a sectional title scheme is at issue;(d)the administrator of the body corporate of the sectional title scheme where the common property of a sectional title scheme is at issue and there are no elected trustees of the body corporate;(e)the executor, where the-(i)owner of the building is deceased and the building has not yet been transferred out of the deceased's estate; or(ii)estate of the owner has been sequestrated;(f)the curator, where the owner of the building has been declared by any court to be incapable of managing his or her own affairs or a prodigal;(g)the administrator, where the owner of the building is a mental health care user as defined in section 1of the Mental Health Act, 2002 (Act No. 17 of 2002);(h)the liquidator, where the owner of the building is a judicial person or a trust that has been liquidated;(i)the former members of a close corporation which has been deregistered and in respect of which they have a continuing liability as contemplated in section 26 of the Close Corporation Act, 1984 (Act No. 69 of 1984), read with sections 83(2) and (3) of the Companies Act, 2008 (Act No. 71 of 2008);(j)the business rescue practitioner, where the owner of the building has been placed under business rescue;(k)the managing agent, where the owner of the building is absent from the Republic of South Africa or where the Municipality has, after reasonable attempts, not been able to determine his or her whereabouts; or(l)every person who is entitled to occupy or use a building, or who does occupy or use a building, where-(i)the owner of the building is absent from the Republic of South Africa;(ii)the Municipality has, after reasonable attempts, not been able to determine the whereabouts of the owner of the building; and(iii)there is no managing agent;"permit" means the written approval granted to an applicant for the display or alteration of an outdoor advertising sign; and includes the time period permitted for the display of the sign and any other conditions imposed;"permit holder" means the person in whose name a permit has been granted by the Municipality for the display or alteration of an outdoor advertising sign;"person" means a natural or juristic person, and includes an organ of state;"portable board" means any self-supporting, A-frame outdoor advertising sign or any other collapsible structure which is not affixed to the ground, and which is capable of being readily moved;"poster" means any placard intended to be temporarily displayed in a public place as an announcement of an election, meeting, function or event;"premises" means any building, together with the land on which such building is situated;"prescribed" means as determined by resolution of the Council from time to time;"product replica sign" means a replica or reproduction of a product or object, or device used for advertising that may be free-standing or attached to a structure or wall;"projecting sign" means any sign which is affixed to a main wall of a building which is used for commercial, office, industrial or entertainment purposes and which at any point projects more than 300 mm from the surface of the wall and up to 1.2 m in length with a minimum ground clearance of 2.4m;"Provincial Gazette" means the official Gazette of the province concerned;"public place" means-(a)a public road;(b)any parking area, square, park, recreation ground, sports ground, swimming pool, sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery which has-(i)in connection with any subdivision or layout of land into erven, lots or plots, been provided, reserved or set apart for use by the public or the owners or occupiers of such erven, lots or plots, whether or not it is shown on a general plan, plan of subdivision or diagram;(ii)at any time been dedicated to the public;(iii)been used without interruption by the public for a period of at least thirty years expiring after 31 December 1959; or(iv)at any time been declared or rendered as such by the Municipality or other competent authority;(c)a public transportation motor-vehicle; or(d)a municipal property, premises or facility which the public has access to,but will not include public land that has been leased or otherwise alienated by the Municipality;"public road" means any road, street or thoroughfare or any other place, whether a thoroughfare or not, which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes-(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare; and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"road reserve" means the full width of a public street including the roadway, shoulder and sidewalk and the air space above a roadway, shoulder and sidewalk and any other area within the road reserve boundary;"road traffic sign" means any road traffic sign as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996) or any other applicable law;"roadway" means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic, which is between the edges of the roadway, as defined in section 1 of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"roof sign" means a sign on the roof of a building which is used for commercial, office, industrial or entertainment purposes;"shoulder" means that portion of the road, street or thoroughfare between the edge of the roadway and the kerb line, as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996);"sidewalk" means that portion of a verge intended for the exclusive use of pedestrians, as defined in section 1 of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"sky sign" means a sign displayed on top of a building which has more than 15 floors;"special advertising zone" means an area within an area of maximum control in which outdoor advertising would not otherwise be permissible, but is permitted as a result of a particular development need in that area;"street furniture" means structures installed on Municipal property which are not primarily intended for advertising, and includes but is not limited to, seating, bins, bus shelters, clocks, city information panels, kiosks and electronic information boards;"street name outdoor advertising sign" means any outdoor advertising sign displayed in combination with street naming;"supporting structure" means any object, which includes but is not limited to a wall or building, on which an outdoor advertising sign is placed, or which supports such a sign, together with any supports, guys, anchors, braces, stays or ties which secure that structure;"temporary outdoor advertising sign" means any outdoor advertising sign displayed for a temporary period, and includes but is not limited to posters, banners, flags, contractors boards, developer's boards and estate agent's boards, and construction site hoardings;"third party outdoor advertising sign" means any outdoor advertising sign which is not a locality bound outdoor advertising sign;"veranda, balcony, canopy and under-awning sign" means a sign not extending above, below or beyond any extremity or a parapet wall, balustrade, railing, beam or fascia, and-(a)affixed flat onto or painted on a parapet wall, balustrade or railing;(b)affixed flat onto or painted on a fascia;(c)affixed flat onto or painted on the fascia of a roof structure without walls;(d)affixed to or painted on a pillar, column or post supporting a roof structure without walls; or(e)painted or printed on the fabric of a blind;"verge" means that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway on the shoulder, as defined in section 1 of the National Road Traffic Act, 1996 (Act No. 93 of 1996); and"zone" means the area shown on a map for the purpose of indicating the restrictions imposed by the Municipality's land use scheme on the erection and use of buildings or structures or use of the land.
|Words of up to three letters||0.5 bit|
|Words four to eight letters||1.0 bit|
|Words of more than eight letters||2.0 bits|
|Numbers of up to three digits||0.5 bit|
|Numbers from three to eight digits||1.0 bit|
|Numbers more than eight digits||2.0 bits|
|Logos and symbols||0.5 bit|
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 object of this By-law is to regulate advertising and the use of signs in a manner which-
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.
Permits and exempted outdoor advertising signs
5. Permit required
6. Exempted outdoor advertising signsNo permit is required for the following outdoor advertising signs:
Application and approval
8. IndemnityA person who applies for a permit to display or alter an outdoor advertising sign must-
9. Application fees
10. Display of approved outdoor advertising signs
11. Amendment of conditions and suspension or withdrawal of permits
12. Permit is non-transferable
13. Lapsing of permitsA permit to display or alter an outdoor advertising sign lapses if an approved outdoor advertising sign is-
14. Advertising Advisory Committee
Prohibited outdoor advertising signs
15. Prohibited outdoor advertising signs
Areas of control
16. Areas of control
17. Advertising Control Map
18. Public participation
19. Amendment, revocation and review of advertising control mapThe Council-
20. Areas of maximum controlIn areas of maximum control-
21. Areas of partial controlIn areas of partial control-
22. Areas of minimum controlIn areas of minimum control, high impact outdoor advertising signs and third party outdoor advertising signs are permitted, subject to appropriate limitations on the size, position and the number of signs.
Estate agent's boards and contractor's boards
23. Registration of estate agents and contractors
24. Face of estate agent's and contractor's boards
25. AmenityAn outdoor advertising sign may not be detrimental to the environment or to the amenity of the human living environment by reason of size, shape, colour, texture, intensity of illumination, quality of design or materials or for any other reason.
|Illuminated Area||Maximum Luminance|
|Less than 0,5 m²||1000 candela per m²|
|0,5 to 2,0 m²||800 candela per m²|
|2,0 to 10 m²||600 candela per m²|
|10 or more m² in visual zones||350 candela per m²|
|10 or more m² in other areas||400 candela per m²|
29. Environmental impact
30. Position of outdoor advertising signs
31. Temporary outdoor advertising signs
33. Electrical and fire prevention requirements
34. Structural requirements
Signs on municipal property
35. Signs on municipal property
Types and classes of signs
36. Types of signs
37. Lawful instructions
38. Notice to rectify or remove a sign
39. Recovery of costs
40. Removal of signs and impoundment
41. Vicarious liability
42. Service of notices
45. PresumptionsAny person charged with an offence in terms of this By-law who is-
48. Repeal of laws and savings
49. Transitional provisions
50. Short title and commencementThis By-law is called the eThekwini Municipality: Outdoor Advertising By-law, 2018 and takes effect on the date of publication in the Provincial Gazette or as otherwise indicated in the publication notice.
History of this By-law
4 July 2019 this versionPublished in KwaZulu-Natal Provincial Gazette no. 2097By-law commences.
27 September 2018Assented to by council.