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Street Trading By-law, 2004
- Published in Gauteng Provincial Gazette no. 179 on 21 May 2004
- Commenced on 21 May 2004
- [This is the version of this document from 21 May 2004 and includes any amendments published up to 24 March 2023.]
1. DefinitionsIn these by-laws, unless the context otherwise indicates-"approval" means approval by the Council and “approved” has a corresponding meaning;"authorized official" means any official of the Council who has been authorised by it to administer, implement and enforce the provisions of these By-laws;"city" means the City of Johannesburg;"Council" means -(a)the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its municipal Council; or(b)its successor in title; or(c)a structure or person exercising a delegated power or carrying out an instruction, where any power in these by-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); or(d)a service provider fulfilling a responsibility under these by-laws, assigned to it in terms of section 81(2) of the Local Government: Municipal Systems Act, 2000, or any other law,as the case may be."Council services" means any system conducted by or on behalf of a local authority, for the collection, conveyance, treatment or disposal of refuse, sewage, or storm water, or for the generation, impounding, storage or purification, or supply of water, gas or electricity, or municipal services;"Council service works" means all property or works of whatever nature necessary for or incidental to any Council services;"foodstuff" means foodstuff as defined in section 1 of the Foodstuff Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);"garden or park" means a garden or park to which the public has a right of access;"goods" means any movable property and includes a living thing;"intersection" means an intersection as defined in the regulations promulgated in terms of the National Road Traffic Act, 1996 (Act No. 93 of 1996);"litter" includes any receptacle, container or other matter, which has been discarded, abandoned or left behind by a street trader or by his or her customers;"motor vehicle" means a motor vehicle as defined in section 1 of the National Road Traffic Act, 1996;"prescribed" means determined by resolution of the Council from time to time;"property", in relation to a street trader, means any article, container, vehicle or structure used or intended to be used in connection with such business, and includes goods in which he or she trades;"public building" means a building belonging to or occupied solely by the State or the Council;"public monument" means any one of the “public monuments and memorials” as defined in the National Heritage Resources Act, 1999 (Act No. 25 of 1999);"public place" means a public place as defined in section 2 of the Local Government Ordinance, 1939 (Ordinance No. 17 of 1939);"public road" means a public road as defined in section 1 of the National Road Traffic Act, 1996;"roadway" means a roadway as defined in section 1 of the National Road Traffic Act, 1996;"sell" includes –(a)barter, exchange or hire out;(b)display, expose, offer or prepare for sale;(c)store on a public road or public place with a view to sell; or(d)provide a service for reward;and “sale” or “selling” has a corresponding meaning;"sidewalk" means a sidewalk as defined in section 1 of the National Road Traffic Act, 1996;"street furniture" means any furniture installed by the Council on the street for public use;"street trader" means a person who carries on the business of street trading and includes any employee of such person;"street trading" means the selling of any goods or the supplying or offering to supply any service for reward, in a public road, or public place, by a street trader;"the Act" means the Businesses Act, 1991 (Act No. 71 of 1991) and includes the regulations promulgated thereunder; and"verge" means a verge as defined in section 1 of the National Road Traffic Act, 1996;
2. Meaning of words and expressions in Businesses Act incorporated in these By-lawsIn these By-laws, unless the context otherwise indicates, any words or expressions to which a meaning has been assigned in the Businesses Act, 1991 (Act No. 71 of 1991), shall have a corresponding meaning in these By-laws.
3. Single act constitutes street tradingFor the purpose of these By-laws a single act of selling or offering or rendering of services in a public road or public place shall constitute street trading.
4. Reference to legislation includes regulations made thereunderFor the purpose of these By-laws a reference to any legislation shall be a reference to that legislation and the regulations promulgated thereunder.
5. Assigning powers of a Council employee to employee of a service provider, where a service provider has been appointedIf any provision in these By-laws vests or imposes any power, function or duty of the Council in or on an employee of the Council, and such power, function or duty has in terms of section 81(2) of the Local Government: Municipal Systems Act, 2000, or any other law been assigned to a service provider, the reference in such provision to such employee must be read as a reference to the service provider or, where applicable, an employee of the service provider authorised by it.
6. Prohibited conduct
7. Restricted conductA person carrying on the business of a street trader -
8. CleanlinessA street trader must-
9. Signs indicating restricted and prohibited areas.(a) The Council may, by resolution and in terms of section 6A(2) of the Act, declare any place in its area of jurisdiction to be an area in which street trading is restricted or prohibited, and must, to enable compliance therewith, prescribe or make signs, markings or other devices indicating-
10. Removal and impoundment
11. Vicarious responsibility of persons carrying on business
12. Offences and PenaltiesAny person who –
13. Repeal of By-lawsThe By-laws listed in Schedule 1 are hereby repealed.
14. Short titleThese By-laws are called the Street Trading By-laws, 2003.
History of this By-law
21 May 2004 this versionPublished in Gauteng Provincial Gazette no. 179By-law commences.
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