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This is the latest version of this By-law.
Public Road and Miscellaneous By-law, 2004
- Published in Province of Gauteng: Provincial Gazette no. 179 on 21 May 2004
- Commenced on 21 May 2004
- [Up to date as at 5 June 2020]
- [Amended by Public Roads and Miscellaneous: Amendment (General Notice 3386 of 2010) on 1 December 2010]
- [Amended by Public Roads and Miscellaneous: Amendment (Local Authority Notice 836 of 2011) on 29 June 2011]
- [Amended by Public Roads and Miscellaneous: Amendment (General Notice 2126 of 2011) on 10 August 2011]
1. Definitions and interpretation
Public roads and miscellaneous
2. Ropes, wires or poles across public roadNo person may place any rope, wire or pole on, under or across any public road, or hang, or place anything whatsoever thereon, without the prior written permission of the Council.
3. Damage to treesNo person may climb upon, or break or damage or in any way mark or paint on any tree on any public road within the municipal area of the Council, and no person may, without the prior written permission of the Council, lop, top, trim, cut down or remove any such tree unless the person is authorised to do so in terms of these By-laws or any other law.
4. Barbed wire, dangerous and electrical fencing
5. Protection of public roadsNo person may place upon or off-load on a public road any material or goods that are likely to cause damage to a public road unless the person has taken reasonable precautions to protect the surface of the public road against damage.
6. Cleanliness of public roads
7. Article placed in building facing public roadNo person may place any article likely to cause injury or damage to any person or property if it were to fall on a public road, in any near a public road without taking all reasonable steps to prevent it falling onto the public road.
7A. Display of Household Clothes and Fabric, etc.No person shall, with the municipal area of the Council, display in any manner to the view of the public, except as an article for sale in a shop window or on a sidewalk, any article of clothing or any household, domestic or other linen or any other fabric (except when used as curtains) from any window or on or from any wall or balcony or veranda fronting on any street or public place.
8. Damaging of Council's propertySubject to the provisions of section 10, no person may deface, tamper, damage, remove, or in any way interfere with any of the Council's property or work on or along any public road.
9. Cleaning and repairing on public roadsNo person may clean or repair any part of a vehicle or wash, dry or paint any article or object on any public road except in the case of an emergency breakdown of a vehicle, when emergency repairs may be done.
10. Excavations in public roads
11. Defacing, marking or painting public roadsNo person may in any way deface, mark or paint any public road or part of a public road or any structure related to such road, without the prior written permission of the Council.
12. Races and sports events
13. Loitering on public roads
14. Loitering and touting at places of public entertainment
15. Public decency
17. Public road collections
18. Control of stormwater and watercourses on public road
19. Obstruction on public roadsNo person may deposit or cause to be deposited or leave or cause to be left any sand, stone, earth, bricks, timber, lime, cement or other building or excavated material of whatever nature on any portion of any public road, sidewalk or footway unless it is deposited within an enclosure in respect of which the prior written permission of the Council has been obtained.
20. Planting on sidewalksNo person may plant or cause to be planted, any tree, shrub or other plant on any public road or any sidewalk, footway or road reserve forming part thereof, which obstructs or interferes with pedestrian traffic on such sidewalk, footway or road reserve or allow any such tree, shrub or plant to remain on that sidewalk, footway or road reserve.
21. Permission to hoard in footway
22. Control of trafficAn authorised official may direct any form of traffic by means of any visible or audible signal and every person must obey such signal.
23. Clinging to moving vehiclesNo person travelling upon any pedal cycle, motor cycle, coaster, sled, rollerskates, or any other similar device may cling to or attach himself or herself or such cycle coaster, sled, roller-scates or device to any other moving vehicle, upon a public road.
24. Removal of obstructions
25. Games, throwing stones, on public roads
26. Shoeing and cleaning of animals on public roadsNo person may shoe any animal, or clean, dress, train or break-in livestock on any public road.
27. Animals on public roads
28. Parking meters
28A. Parking coupon devices
29. Medical practitioner exemptA medical practitioner is exempt from paying the prescribed fees, while the vehicle used by that practitioner is parked in a demarcated space to enable him or her to perform professional duties at any place other than a consulting room or similar place, subject to a form or token issued by the South African Medical Council for that purpose being displayed on the windscreen of the vehicle concerned in such manner that it is readily legible from outside the vehicle.
30. Offences and penaltiesAny person who-(a)contravenes or fails to comply with any provisions of these By-laws;(b)fails to comply with any notice issued in terms of these By-laws; or(c)fails to comply with any lawful instruction given in terms of these By-laws; or(d)who obstructs or hinders any authorised representative or employee of the Council in the execution of his or her duties under these By-laws,is guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months, and in the case of a continuing offence, to a further fine not exceeding R50, or in default of payment, to imprisonment not exceeding one day, for every day during the r continuance of such offence, after a written notice has been issued by the Council, and served on the person concerned, requesting the discontinuance of such offence.
31. Repeal of by-lawsThe by-laws listed in Schedule 1 are hereby repealed.
32. Short titleThese By-laws are called the Public Road and Miscellaneous By-laws, 2003.
- Entire By-law
- Chapter 1 – Interpretation
Chapter 2 – Public roads and miscellaneous
- 2. Ropes, wires or poles across public road
- 3. Damage to trees
- 4. Barbed wire, dangerous and electrical fencing
- 5. Protection of public roads
- 6. Cleanliness of public roads
- 7. Article placed in building facing public road
- 7A. Display of Household Clothes and Fabric, etc.
- 8. Damaging of Council's property
- 9. Cleaning and repairing on public roads
- 10. Excavations in public roads
- 11. Defacing, marking or painting public roads
- 12. Races and sports events
- 13. Loitering on public roads
- 14. Loitering and touting at places of public entertainment
- 15. Public decency
- 16. Trolleys
- 17. Public road collections
- 18. Control of stormwater and watercourses on public road
- 19. Obstruction on public roads
- 20. Planting on sidewalks
- 21. Permission to hoard in footway
- Chapter 3 – Traffic matters
- Chapter 4 – General provisions
- Schedule 1
- 1. PROCEDURE
- 2. WORK IN THE ROAD RESERVE
- 3. WAYLEAVE AND LANE RENTAL
- 4. COSTS
- 5. EXISTING SERVICES IN THE ROAD RESERVE
- 6. ROAD CATEGORIES
- 7. PROTECTED ROADS
- 8. TRAFFIC SIGNS AND BARRICADING
- 9. ROAD CLOSURES
- 10. EXCAVATIONS
- 11. TRENCHLESS METHODS
- 12. EMERGENCY WORK
- 13. SPECIFICATIONS FOR BACKFILLING AND REINSTATEMENTS
- 14. COMPLETION NOTICE AND CERTIFICATE OF COMPLETION