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Street Trading 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]
Interpretation and freedom of trade
2. Freedom of tradeStreet trading is freely permitted in all public streets and public places in the municipal area, subject to the provisions of this by-law.
General supervision and control
3. General conductA person trading shall—(a)not place his/her property on a verge or public place except for the purpose of commencing to trade;(b)ensure that his/her property does not cover an area of a public road or public place which is greater in extent than three metres long or three metres in width;(c)not place or stack his/her property in such a manner that it constitutes a danger to any person or is likely to injure any person;(d)not obstruct access to a fire hydrant;(e)on concluding business for the day, remove his/her property to a place which is not part of a public road or public place;(f)not display his/her goods or other property on a building or other private property, without the consent of the owner, occupier or person in control of such building or property;(g)at the request of an employee or the agent of the Council or any supplier of telecommunication or electricity or other services, move his/her property so as to permit the carrying out of any work in relation to a public road, public place or any such service;(h)not attach any object by any means to any building, structure, pavement, tree parking meter, lamp-pole, electricity pole, telephone booth, post box, traffic sign, bench or any other street furniture in or on a public road or public place;(i)not make a fire at a place or in circumstances where it could harm any person or damage a building or vehicle or any street furniture referred to in paragraph (h);(j)not store his/her property in a manhole or stormwater drain;(k)not obstruct pedestrians in their use of a sidewalk;(l)may not, where the business is carried on in a public road or public place, overnight or erect an immovable structure for the purpose of providing shelter at the place of such business.
4. CleanlinessA street trader shall—(a)keep the area or site occupied by him/her for the purpose of such business in a clean and sanitary condition;(b)keep his/her property in a clean and sanitary condition;(c)properly dispose of litter generated by his/her business;(d)not dispose of litter in a manhole, stormwater drain or other place not intended for the disposal of litter;(e)ensure that on completion of business for the day the area or site occupied by him/her for the purposes of trade is free of litter;(f)in the case of street trading with foodstuffs, take such precautions as may be necessary to prevent the spilling onto a public road or public place of any fat, oil or grease in the course of conducting his/her business and prevent any smoke, fumes or odours emanating from his/her activities from becoming a nuisance;(g)on request by an employee or agent of the Council, move his/her property so as to permit the cleansing of the surface of the area or site where he/she is trading.
5. Obstruction of pedestrians, display windows, street furniture, etc.No person shall trade at a place where—(a)it obstructs access to street furniture such as a bus passenger bench or shelter or queuing line, a refuse disposal bin or other facility intended for the use of the general public;(b)it obstructs the visibility of a display window on business premises, if the person carrying on business in the business premises concerned objects thereto;(c)it obstructs access to an entrance to or exit from a building or an automatic bank teller machine;(d)it obstructs access to a pedestrian crossing;(e)it obstructs access to any vehicle;(f)it leaves less than two metres in width of a sidewalk clear for pedestrian use;(g)it in any other manner substantially obstructs pedestrians in their use of a sidewalk.
6. No street trading in stands or areas which have been let except by the lesseeIf the Council has let or otherwise allocated any stand or an area set apart or otherwise established for street trading purposes, as contemplated in section 6A(3)(c) of the Act, no person may trade on such stand or in such area if he is not in possession of proof that he has hired such stand or area from the Council or that it has otherwise been allocated to him.
Trading near certain residential and business premises
7. No trading near residential buildings in certain circumstancesNo person shall trade in that half of a public road adjacent to a building used for residential purposes if—(a)the owner, person in control or any occupier of any part of the building facing onto such road has objected thereto; and(b)such objection has been made known to the street trader by an authorised official.
8. No trading near certain business premisesNo person shall trade on a verge adjacent to any part of a building in which business is being carried on by a person (other than a department store or supermarket or other supplier of many different lines of goods) who as one of his/her principal lines sell goods of the same nature as or of a similar nature to goods being sold by the street trader, without the consent of that person.
Restrictions relating to vehicular traffic
9. Obstruction of vehicular traffıcNo person shall trade at a place where—(a)it causes an obstruction on a roadway;(b)it limits access to parking or loading bays or other facilities for vehicular traffic;(c)it obscures any road traffic sign or any marking, notice of sign displayed or made in terms of this bylaw; or(d)it interferes in any way with any vehicle that may be parked alongside such place.
10. Restrictions on dimensions and mass of vehicles contemplated in regulation 305(2) of the regulations promulgated under the National Road Traffıc Act, 1996 (Act 93 of 1996)No person shall, for the purpose of trading in a public place, park on a sidewalk any cart, trolley, trailer or similar vehicle which exceeds—(a)1,5 metres in height, 2 metres in length or 1 metre in width;(b)200 kg in mass.
11. Restrictions affecting public roads contemplated in regulation 322 of the regulations promulgated under the National Road Traffıc Act, 1996 (Act 93 of 1996)
Gardens and parks, and verges next to certain buildings
12. No trading in certain gardens and parks, except where and as specifiedNo person may trade in a garden, park, public parking area, or public place to which the public has the right of access, whether the carrying on of the business is permissible or not, without the written permission of the council which permission shall not be unreasonably withheld. Such permission may be granted subject to certain conditions such as cleanliness, protection of public health, availability of toilet facilities, the provision of potable water as well as acceptable refuse storage and removal arrangements.
13. No trading on verges next to certain public buildings, places of worship and national heritage sites, except where and as specifiedNo person shall trade on a verge adjacent to any public building, place of worship or national heritage site.
Restricted areas and prohibited areas
14. Restricted areasNo person shall trade in a restricted outside a stand or area set apart for trading purposes as contemplated in section 6A(3) of the Act.
15. Prohibited areasNo person shall trade in any prohibited area. (See Schedule A)
Enforcement and penal provisions
16. Signs indicating restrictions and areasThe Council shall—(a)by resolution prescribe signs, markings or other devices indicating—(i)specified hours, places, goods or services in respect of which street trading is restricted;(ii)the boundaries of a stand or area set apart for trading purposes under section 6A(2)(a) of the Act;(iii)that any such stand or area has been let or otherwise allocated; and(iv)the location or boundaries of places where street trading is prohibited; and(b)display any such sign, marking or device in such a position and manner as will indicate the restrictions, prohibition, location or boundary concerned.
17. Removal and impoundment
18. ChargesThe council shall from time to time fix charges payable to it for the letting of stands or stalls in demarcated areas under its control from where carrying on of the business of street trader is permissible.
20. Constitution of Appeal Committee
21. Procedure at appeal meetings
22. OffencesAny person who—(a)contravenes any provision contained in Chapter II, III or IV of this by-law; or(b)fails to comply with any direction conveyed by a sign, marking or device—(i)which indicates a restriction or prohibition in terms of any provision contained in Chapter V or VI of this by-law; and(ii)which has been displayed in the manner prescribed in section 16(b), shall be guilty of an offence.
23. PresumptionsIn any prosecution of an offence under this by-law, an allegation in the charge concerned that—(a)any goods with which a business was carried on were or were not of a particular kind, class, type or description;(b)any goods or services were sold;(c)any place is situated in a public road or public place or within a particular area;(d)any person carried on the business of street trading and in a manner and place alleged;(e)any sign, marking or device which indicates a restriction or prohibition contained in any relevant provision contained in Chapter V or VI of this by-law was displayed in the manner prescribed in section 16(b), shall be presumed to be correct unless the contrary is proved.
24. Penalties(a)Any person convicted under of an offence under section 22 is liable to a fine or imprisonment or to both a fine and such imprisonment;(b)In the case of a continuing offence, an additional fine or an additional period of imprisonment or either such additional fine or such additional imprisonment or both such additional fine and imprisonment for each day on which such offence is continued; and(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as a result of such contravention of failure.
25. Vicarious liability of persons carrying on businessWhen an employee of a person conducting the business of street trading performs or omits to perform any act which would be an offence in terms of this by-law for that person to perform or omit to perform, that person shall be deemed himself to have performed or omitted to perform the act, unless he satisfies the court that—(a)he or she neither connived at nor permitted the act or omission by the employee concerned,(b)he/she took all reasonable steps to prevent the act or omission; and(c)an act or omission, whether lawful or unlawful, of the nature charged on no condition or under no circumstances fell within the scope of the authority or employment of the employee concerned, and the fact that the said person issued instructions whereby an act or omission of that nature is prohibited shall not in itself be sufficient proof that he took all reasonable steps to prevent the act or omission.
26. Vicarious responsibility of employeesWhen a person carrying on the business of street trading is by virtue of section 22 liable for an act or omission by an employee of that person, that employee shall also be liable therefore as if he were the person carrying on the business concerned.
- Entire By-law
- Chapter I – Interpretation and freedom of trade
- Chapter II – General supervision and control
- Chapter III – Trading near certain residential and business premises
Chapter IV – Restrictions relating to vehicular traffic
- 9. Obstruction of vehicular traffıc
- 10. Restrictions on dimensions and mass of vehicles contemplated in regulation 305(2) of the regulations promulgated under the National Road Traffıc Act, 1996 (Act 93 of 1996)
- 11. Restrictions affecting public roads contemplated in regulation 322 of the regulations promulgated under the National Road Traffıc Act, 1996 (Act 93 of 1996)
- Chapter V – Gardens and parks, and verges next to certain buildings
- Chapter VI – Restricted areas and prohibited areas
Chapter VII – Enforcement and penal provisions
- 16. Signs indicating restrictions and areas
- 17. Removal and impoundment
- 18. Charges
- 19. Appeals
- 20. Constitution of Appeal Committee
- 21. Procedure at appeal meetings
- 22. Offences
- 23. Presumptions
- 24. Penalties
- 25. Vicarious liability of persons carrying on business
- 26. Vicarious responsibility of employees
- Schedule A [section 15]
- Schedule B [section 11(2) and (3)]
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.