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This is the latest version of this By-law.
Refuse Removal By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [Up to date as at 5 June 2020]
Purpose of by-law• To promote the achievement of a safe and healthy environment for the benefit of the residents in the area of jurisdiction of the municipality;• To provide for procedures, methods and practices to regulate the dumping of refuse and the removal thereof.
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:—"charges" means the tariff for the removal of refuse, whether one, two or three removals per week;"dumping site" means an area where dumping is allowed as determined and designated by the municipality;"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"night soil" means human excrement not disposed of in an approved sanitary convenience;"owner" also means lessee, occupier, resident or any person who obtains a benefit from the premises or is entitled thereto and also includes any insolvent estate, executor, administrator, trustee, liquidator judicial manager;"permit"also means to allow intentionally, negligently or any other manner whatsoever;"premises" means any land, whether vacant, occupied or with buildings thereon;"refuse" includes—"business refuse" which means any matter or substance arising out of the use of business premises but does not include waste, hazardous waste, material, domestic refuse or garden refuse;"domestic refuse" which means any fruit or vegetable peels, fruit or vegetable waste, general domestic waste as well as garden refuse which is of such size that it may be deposited in a refuse bin or any other matter which in the opinion of the municipality constitutes refuse;"garden refuse" which means refuse originating from a gardening activity such as grass cutting, leaves, plants flowers or similar refuse of such size that it can be placed in a refuse bin;"hazardous waste" which means any waste, matter or substance which may be hazardous or harmful to the environment and residents or which may pollute the environment including medical waste, asbestos, motor oils or lubricants, or any other waste, matter or substance which in the opinion of the municipality constitutes hazardous waste;"materials" which means any stone, rock, sand, building materials or building rubble or any other type of composite or artificial materials such as plastic pipes and similar materials as well as materials which are utilised in the erection of buildings or structures or any other materials which in the opinion of the municipality constitute materials;"waste" which means any matter or substance which cannot be classified as hazardous waste, refuse or materials such as parts of cars, spare parts, motor oils or lubricants or oils and similar substances, materials, liquids, etc;"refuse bin" means a mobile container with a capacity of 240 litres, or alternatively plastic bags, which the municipality makes available to each premises or as required by the municipality;"removal day" the day fixed by the municipality for the removal of refuse and depending on the case may be one, two or three removals, per week;"residential premises" means premises which are zoned for residential purposes in terms of the zoning scheme;"services account" means the official account rendered by the municipality to the owner of premises.
2. Compulsory use of service
3. Refuse binsThe municipality provides one refuse bin, supplied with a serial number, or plastic bags per residential premises after the owner of the premises has concluded a written agreement with the municipality, but may in cases—(a)where the municipality is of the opinion that more than one refuse bin is needed, or(b)where the owner applies in writing for more than one refuse bin,supply more than one refuse bin per residential premises provided that the costs of such additional refuse removal service be paid by the owner and any additional removal costs in respect of the additional container(s) is for the account of the owner.
5. Utilisation of refuse bin(s)
6. Prohibition on accumulation and dumping
7. PavementsIt shall be the duty of every lisencee or occupier of a shop or trade premises to ensure that the pavement in front of or abutting the premises is kept clean and free of refuse or material originating from such premises or resulting from the delivery of good to such premises.
8. Dumping sites
9. Ownership of refuseAll refuse removed by the municipality and all refuse on dumping sites controlled by the municipality shall be the property of the municipality and no person who is not duly authorised thereto by the municipality, shall remove or interfere with such refuse.
10. EnforcementWhere, in the opinion of the municipality any object or thing of whatever description which is not defined in the definitions constitutes refuse, is unsightly or is likely to create an obstruction, a hazard or a nuisance is accumulated, dumped, stored or deposited on or in any land, place, premises or refuse bin(s) or in any street or public place, except where allowed in terms of this by-law the municipality may serve a written notice on—(a)the person who is directly or indirectly responsible for such accumulation, dumping, storing or depositing, and/or(b)the owner of such waste, hazardous waste, refuse, materials, object or thing, whether or not he is responsible for such accumulation, dumping, storing or depositing, and/or(c)the owner of such land or premises, whether or not he is responsible for such accumulation, dumping, storing or depositing,in which such a person or owner, as the case may be, shall be required to do away with, destroy or remove such refuse, hazardous waste, materials, waste, object or thing to the satisfaction of the municipality on or before a date determined in such notice and failing to comply with such a notice, such owner shall be guilty of an offence and the municipality may dispose, destroy or remove such waste at the expense of any one or more persons or owners referred to in (a), (b) and (c) of this section.
11. Substances in refuse binNo one shall deposit any article or substance, except waste, in a refuse bin for removal.
12. ChargesThe municipality shall fix the charges payable to it for the removal or disposal of waste and dumping or depositing of waste at the dumping site.(a)The charges as fixed by the municipality shall be due and payable by the occupier who is supplied with the refuse removal service or failing which by the owner of the premises;(b)the charges due shall be payable and recoverable in terms of the credit control and debt collection policy and by-law adopted by the municipal ity from time to time.
13. Offences and penaltiesAny person who contravenes any provisions of this by-law or fails or refuses to comply with any order or notice issued by the municipality in accordance with this by-law shall be guilty of an offence and on conviction be liable to—
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.