Schedule 1
PUBLIC HEALTH NUISANCES
1. General Nuisances
An owner or occupier of premises creates a public health nuisance if he or she causes or allows -(a)any premises or part thereof to be of such a construction or in such a state as to be offensive, injurious or dangerous to health;(b)any street, stream, pool, lagoon, ditch, gutter, watercourse, sink, cistern, watercloset, earth closet, pail closet, urinal, cesspool, cesspit, drain, sewer, dung pit, slop tank, ash heap or dung heap to be so foul or in such a state or so situated or constructed as to be offensive or to be injurious or dangerous to health;(c)any stable, kraal, shed, run or premises used for the keeping of animals or birds and which is so constructed, situated, used or kept as to be offensive or to be injurious or dangerous to health;(d)any accumulation of refuse, offal, manure or other matter which is offensive or is injurious or dangerous to health;(e)any public building to be so situated, constructed, used or kept as to be unsafe or to be injurious or dangerous to health;(f)any dwelling to be occupied without proper and sufficient supply of potable water within a reasonable distance;(g)any factory or industrial or business premises not to be kept in a clean state and free from offensive smells arising from any drain, water closet, earth-closet, urinal or any other source, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gas, vapour, dust or other impurity generated, or so overcrowded or so badly lighted or ventilated, as to be injurious or dangerous to the health of those employed therein or thereon;(h)any factory or industrial or business premises to cause or give rise to any smell or effluvium which is offensive or injurious or dangerous to health;(i)any building, room or structure to be used wholly or partly by a greater number of persons than will allow less than 11,3 m³ of free air space and 3,7 m² of floor space for each person aged 10 years or more and 5,7 m³ of free air space and 1,9 m² of floor space for each person less than 10 years of age; or(j)any other activity, condition or thing declared to be a nuisance by the Minister in terms of the Health Act, 1977.2. Pest control
(1)An owner or occupier of premises creates a public health nuisance if -(a)the premises are maintained in a manner that attracts or harbours rodents or other pests, or is conducive to the breeding thereof;(b)flies are being attracted to, or can breed on, the premises, in significant numbers because –(i)insufficiently rotted manure or any other organic material is being kept or used; or(ii)any other substance that attracts flies is used or kept other than for the purposes of trapping or killing flies;(c)mosquitoes can breed in significant numbers on the premises because –(i)containers in which mosquitoes can breed, such as tyres, bottles, crockery, and tins, have been left or are kept on the premises;(ii)tanks, barrels and similar containers in which mosquitoes can breed are not fitted with mosquito-proof covers or mosquito wire gauze screens in a manner that prevents mosquitoes gaining access to water contained in them;(iii)gutters and down pipes are sagging or clogged so that stagnant water can accumulate in them; or(iv)approved measures have not been taken to prevent mosquitoes breeding in ponds, excavations, wells, swimming pools or any other stagnant water source on the premises.(2)The following measures are approved measures for the purposes of subsection (1)(c)(iv) –(a)draining accumulated water at least once every seven days;(b)covering accumulated water with oil at least once every seven days; and(c)in the case of wells, providing a mosquito-proof cover and a pump.3. Air pollution
An owner or occupier of premises creates a public health nuisance if–(a)any waste on the premises is burned outside except in an approved appliance;(b)ash, grit, soot or smoke is emitted from any chimney or appliance or from any other means on the premises in a manner or quantity that is sufficient to have an adverse impact on public health;(c)the erection or destruction of a building or structure causes dust to be discharged into the surrounding atmosphere in a manner or quantity that is sufficient to have an adverse impact on public health; or(d)Any dust is generated on, and emitted from the premises due to any activity or process and discharged into the surrounding atmosphere in a manner or quantity that is sufficient to have an adverse impact on public health.4. Fouling and littering of public places and open spaces.
(1)A person creates a public health nuisance if he or she throws, dumps, stores, keeps or drops refuse, rubbish, glass, tins, paper, car wrecks or parts of motor vehicles, dead animals, waste water or flushing water or other litter or waste, whether liquid or solid, on or in a street, road, bridge, thoroughfare, open space, vacant stand, public place or erf, spruit or watercourse, or cause or permit it to be thrown, dumped or dropped there, or cause or permit any such liquid to flow into such a place.(2)The person who has contravened subitem (1), must remedy, to the satisfaction of the environmental health officer, any damage to the environment which resulted from such contravention.5. Condition of premises
(1)No person shall fail to keep any premises owned or occupied by him or her clean and free from filth, debris, rubble, rubbish, glass, paper, rags, tins, lumber, waste, refuse, old motor bodies, chassis of motor vehicle, parts of motors, old motor tyres, scrap material or any other material which is unsightly or is likely to become a nuisance or hazard or injurious to health or is likely to be offensive or a cause of annoyance to any person.(2)No owner or occupier of premises shall allow grass, undergrowth, weeds or any other vegetation to become a safety or security risk to any person.(3)Should a safety or security risk as contemplated in subsection (2) arise, the owner or occupier of the premises shall remove the risk by-(i)cutting any grass, undergrowth, weeds of vegetation associated with the safety and security risk to a maximum height of 150mm; or(ii)pruning or chopping down any shrubs or tree;(iii)any other acceptable means.
Schedule 2
Scheduled Uses
(Sections 1, 8, 9 and 11)The activities and uses of premises listed in this Schedule are considered to pose an unacceptable risk to public health unless the measures specified in the relevant Chapter of these By-laws and where required, in a permit, are taken to avoid the risk or to reduce it to a level acceptable to the Council.Part A – Activities for which a permit is required
Section |
Activity |
30 |
Provision of service to remove human excrement or urine 45 Offensive trades |
52 |
Hairdressing, beauty and cosmetology services |
61 |
Accommodation Establishments |
77 |
Nursing homes used for maternity purposes and for medical and surgical purposes 100 Child care services |
125 |
Keeping of poultry |
129 |
Keeping of rabbits |
134 |
Dog Kennels and catteries |
144 |
Keeping dangerous animals |
145 |
Keeping bees |
148 |
Introduction of milk and milk products into Municipal Area 150 Children’s Homes. |
Part B – Scheduled uses
Chapter |
Scheduled use |
4 |
Sanitary services |
5 |
Private Sewage Works |
6 |
Water |
7 |
Offensive Trades |
8 |
Hairdressing, Beauty and Cosmetology Services |
9 |
Second-hand Goods |
10 |
Accommodation Establishments |
11 |
Dry Cleaning and Laundry Establishments |
12 |
Swimming Pools and Spa-Baths |
13 |
Nursing Homes |
14 |
Child-Care Services |
15 |
Keeping of Animals |
Schedule 3
REPEALED BY-LAWS
Number and year |
Name of By-laws |
Extent of Repeal |
Administrator's Notice 11 dated 12 January 1949 |
Johannesburg Municipality: Public Health By-laws |
Whole |
Administrator's Notice 11 dated 12 January 1949 |
Roodepoort Municipality: Public Health By-laws |
Whole |
Administrator's Notice 148 dated 21 February 1951 |
Sandton Municipality: Public Health By-laws |
Whole |
Administrator's Notice 148 dated 21 February 1951 |
Randburg Municipality: Public Health By-laws |
Whole |
Administrator's Notice 148 dated 21 February 1951 |
Midrand Municipality: Public Health By-laws |
Whole |
Administrator's Notice 950 dated 18 November 1953 |
Midrand Municipality: Fishmongers and Fish Bakers By-laws |
Whole |
Administrator's Notice 435 dated 18May 1955 |
Peri-Urban Areas Health Board: By-laws relating to the Keeping of Bees as applied in Randburg and Midrand |
Whole |
Administrator's Notice 1269 dated 12 November 1969 |
Johannesburg Municipality: Second Hand Goods By-laws |
Whole |
Administrator's Notice 1764 dated 15 December1971 |
Sandton Municipality: By-laws for Controlling and Prohibiting the Keeping of Pigs |
Whole |
Administrator's Notice 819 dated 24 May 1972 |
Midrand Municipality: Standard Milk By-laws |
Whole |
Administrator's Notice 884 dated 7 June 1972 |
Sandton Municipality: Standard Milk By-laws |
Whole |
Administrator's Notice 1762 dated 7 June 1972 |
Randburg Municipality: Standard Milk By-laws |
Whole |
Administrator's Notice 1212 dated 19 July 1972 |
Sandton Municipality: By-laws relating to the Keeping of Bees |
Whole |
Administrator's Notice 1138 dated 3 October 1979 |
Sandton Municipality: By-laws to Control the Hawking of Food and Livestock |
Whole |
Administrator's Notice 1433 dated 5 December 1979 |
Midrand Municipality: Noise Abatement By-laws |
Whole |
Administrator's Notice 13 dated 2 January 1980 |
Roodepoort Municipality: Noise Control By-laws |
Whole |
Administrator's Notice 1277 dated 10 September 1980 |
Randburg Municipality: Noise Abatement By-laws |
Whole |
Administrator's Notice 317 dated 2 March 1983 |
Johannesburg Municipality: Swimming Pool By-laws |
Whole |
Government Notice R.2607 dated 2 December 1983 under section 27 (2A) of the Black Local Authorities Act, 1982 (Act 102 of 1982) read with section 13(3) of the Local Government Transition Act, 1993 (Act No 209 of 1993) |
By-laws relating to Second Hand Goods as applied by the Municipalities of Alexandra, Diepmeadow, Dobsonville and Soweto |
Whole |
Government Notice R.2608 dated 2 December 1983 under section 27 (2A) of the Black Local Authorities Act, 1982 (Act 102 of 1982) read with section 13(3) of the Local Government Transition Act, 1993 (Act No 209 of 1993) |
By-laws relating to Control over Places of Care within the Area of Jurisdiction of Local Authorities as applied by the Municipalities of Alexandra, Diepmeadow, Dobsonville and Soweto |
Whole |
Administrator's Notice 2111 dated 14 December 1983 |
Roodepoort Municipality: |
Whole |
Administrator's Notice 332 dated 29 February 1984 |
Johannesburg Municipality: By- laws relating to the Keeping of Animals, Birds and Poultry and Businesses involving the keeping of Animals, Birds, Poultry and Pets |
Whole |
Government Notice R.1253 dated 22 June 1984 as amended by Government Notice 1986 dated 6 September 1985 under section 27 (2A) of the Black Local Authorities Act, 1982 (Act 102 of 1982) read with section 13(3) of the Local Government Transition Act, 1993 (Act No 209 of 1993) |
By-laws relating to the Control of Slums as applied by the Municipalities of Alexandra, Diepmeadow, Dobsonville and Soweto |
Whole |
Administrator's Notice 2336 dated 19 December 1984 |
Johannesburg Municipality: By- laws for Accommodation Establishments |
Whole |
Administrator's Notice 2208 dated 9 October 1985 |
Roodepoort Municipality: Standard By-laws Relating to the Keeping of Animals, Birds and Poultry and Businesses Involving the Keeping of Animals, Birds, Poultry and Pets |
Whole |
Administrator's Notice 1921 dated 22 January 1986 |
Midrand Municipality: By-laws Relating to Amusement Machines |
|
Administrator's Notice 43 dated 14 January 1987 |
Randburg Municipality: By-laws relating to the Keeping of Animals, Birds and Poultry and Businesses involving the keeping of Animals, Birds, Poultry and Pets |
Whole |
Local Authority Notice dated 30 November 1988 |
Sandton Municipality: Standard By-laws Relating to the Keeping of Animals, Birds and Poultry and Businesses Involving the Keeping of Animals, Birds, Poultry and Pets |
Whole |
Local Authority Notice 8 dated 3 January 1990 |
Randburg Municipality: By-laws to Control Food Vending Machines and the Hawking of Food and Livestock |
Whole |
Local Authority Notice 4182 dated 21 November 1990 |
Johannesburg Municipality: Slums Regulations |
Whole |
Local Authority Notice 2006 dated 12 June 1991 |
Randburg Municipality: Regulations Regarding Housing Nuisances |
Whole |
Local Authority Notice 4193 dated 30 October 1991 |
By-laws for the Prohibition of Smoking in Theatres, Bioscopes, Community Halls and Lifts |
Whole |
Local Authority Notice 123 dated 8 January 1992 |
Roodepoort Municipality: Slums Regulations |
Whole |
Administrator's Notice 100 dated 17 March 1993 under section 27 (2A) of the Black Local Authorities Act, 1982 (Act 102 of 1982) read with section 13(3) of the Local Government Transition Act, 1993 (Act No 209 of 1993) |
By-laws relating to the Control and Keeping of Certain Animals as applied by the Municipalities of Alexandra, Diepmeadow, Dobsonville and Soweto |
Whole |
Local Authority Notice 1660 dated 26 May 1993 |
Johannesburg Municipality: Health By-laws for Childminder Services |
Whole |
Local Authority Notice 2109 dated 23 June 1993 |
Sandton Municipality: Standard Health By-laws for Pre-school Institutions |
Whole |