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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
- [Up to date as at 5 June 2020]
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:
|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-(a)promotes the image of the Municipality;(b)promotes civic pride;(c)promotes freedom of responsible commercial speech;(d)ensures the responsible use of the Municipality's natural environment;(e)promotes a safe and healthy environment;(f)promotes the health and safety of people attending events within the area of jurisdiction of the Municipality;(g)promotes the amenity of the area of jurisdiction of the Municipality;(h)promotes radical economic transformation in relation to advertising on Council owned property and ensuring that there is localisation of advertising opportunities; and(i)allows for appropriate penalties in the event of non-compliance with this By-law.
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:(a)an outdoor advertising sign which is required to be displayed in terms of any applicable law;(b)a road traffic sign;(c)a sign which bears only the name of a business and which is situated outside the registered office or other premises of that business: Provided that the outdoor advertising sign does not-(i)exceed 0,6m²; and(ii)project onto any road;(d)a sign which is incorporated into the face of a building and which forms an integral part of the fabric of the building;(e)an outdoor advertising sign which is displayed in an arcade and which is not aimed at road users;(f)an outdoor advertising sign which is displayed inside a building and which is more than two metres away from a window or any other opening;(g)an outdoor advertising sign displayed in a sports stadium which is not visible from outside of the stadium or from a public road; and(h)a branded vehicle displaying its own company's name: Provided that the company may not display the price, fee or charge for products displayed.
Application and approval
8. IndemnityA person who applies for a permit to display or alter an outdoor advertising sign must-(a)indemnify the Municipality against any claim arising from the display of the outdoor advertising sign; and(b)where application has been made for an outdoor advertising sign to extend beyond the boundary of any street or public place, in addition indemnify the Municipality in respect of any claim arising from such encroachment.
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-(a)not displayed within six months from the date of approval, unless the permit holder makes written application for an extension, which may only be granted for an additional period of six months; or(b)altered or added to without the prior approval of the Municipality.
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-(a)may amend or revoke an adopted Advertising Control Map subject to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000): Provided that the Council must follow the public participation process set out in section 18; and(b)must review the adopted Advertising Control Map whenever the Council deems it necessary.
20. Areas of maximum controlIn areas of maximum control-(a)only low impact outdoor advertising signs which do not intrude into, dominate or derogate in any way from the character or quality of the environment, including the visual, social and traffic safety aspects, will be permitted; and(b)third party advertising is not permitted.
21. Areas of partial controlIn areas of partial control-(a)only moderate impact outdoor advertising signs are permitted, taking into account the environmental impact including the visual, social and traffic safety aspects;(b)third party advertising may be permitted on billboards on Municipal property and on outdoor advertising signs, subject to appropriate limitations on the size, position and the number of signs; and(c)wall billboards may be permitted and shall not cover more than 50% of the surface of a return or retaining wall.
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-(a)alone, or jointly with any other person, responsible for organising, or in control of any meeting, function or event, to which an outdoor advertising sign relates, is deemed, until the contrary is proved, to have knowingly displayed every unlawful sign displayed in connection with such meeting, function or event or to have caused or allowed it to be so displayed;(b)the person whose name appears on an unlawful outdoor advertising sign, or whose product or services are advertised on such sign, is deemed, until the contrary is proved, to have displayed such sign, or to have caused or allowed it to be displayed;(c)the owner of any land or building on which any unlawful outdoor advertising sign was or is displayed, is deemed, until the contrary is proved, to have knowingly displayed such sign, or caused or allowed it to be displayed;(d)in possession of 10 or more identical handbills in a public place is deemed, until the contrary is proved, to be handing out such handbills; and(e)the owner of an advertising vehicle parked on private property but in view of a public place is deemed, until the contrary is proved, to have knowingly displayed the outdoor advertising sign on the advertising vehicle.
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.
- Entire By-law
- Chapter 1 – Interpretation
- Chapter 2 – Permits and exempted outdoor advertising signs
- Chapter 3 – Application and approval
- Chapter 4 – Prohibited outdoor advertising signs
- Chapter 5 – Areas of control
- Chapter 6 – Estate agent's boards and contractor's boards
- Chapter 7 – General requirements
- Chapter 8 – Signs on municipal property
- Chapter 9 – Types and classes of signs
- Chapter 10 – Enforcement
- Chapter 11 – Miscellaneous provisions
- Schedule 1
- Schedule 2
- Schedule 3
- Schedule 4
- Schedule 5
- Schedule 6
- Schedule 7
- Schedule 8
- Schedule 9
- Schedule 10
- Schedule 11
- Schedule 12
- Schedule 13
- Schedule 14
- Schedule 15
- Schedule 16
- Schedule 17
- Schedule 18
- Schedule 19
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.