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Informal Trading By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [Up to date as at 5 June 2020]
1. DefinitionsIn this by-law, unless the context indicates otherwise, a word or an expression to which a meaning has been assigned in the Businesses Act, 1991 (Act 71 of 1991), shall have that meaning, and unless the context indicates otherwise—"goods" means any commodities, articles, receptacles, vehicles or structures used or intended to be used for informal trading;"informal trader" means any person who carries on the business of street vendor, pedlar or hawker and includes any employee of such a person and, for the purposes of this by-law, also includes any person who trades in a public space;"informal trading" means the selling of any goods or the supply or offer to supply any service for reward as an informal trader in a public road or public space, excluding the sale of newspapers only;"informal trading centre" means an area, place or infrastructure provided by the municipality itself, or in conjunction with any other organisation or body for the purposes of informal trading;"litter" means any refuse, container or other object or matter discarded or abandoned by an informal trader or his customers;"municipality" means the municipality of Bergrivier, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorized agent or any employee 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;"nuisance" means any conduct which brings about or may bring about a state of affairs or condition which constitutes a source of danger to a person or the property of others or which materially interferes with their ordinary comfort, business convenience, peace or quiet;"officer" means—(a)a traffic officer appointed under section 3(1)(a) of the Road Traffic Act, 1989 (Act 29 of 1989);(b)a member of the South African Police Service as defined in section 1(1) of the South African Police Service Act, 1995 (Act 68 of 1995);(c)a peace officer contemplated in section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977); or"property" in relation to an informal trader, means any money, goods, receptacle, vehicle or movable structure used or intended to be used in connection with the carrying on of his or her business as such;"public road" means a public road as defined in section 1 of the National Road Traffic Act, 1996 (Act 93 of 1996);"public space" means any square, park, recreation ground, sports ground, sanitary lane or open space which has—(a)in connection with any subdivision or layout of land into erven, lots or plots been provided, reserved or set apart for use by the public or the owners or occupiers of such erven, lots or plots, whether or not it is shown on a general plan, plan of subdivision or diagram;(b)at any time been dedicated to the public;(c)been used without interruption by the public for a period of at least thirty years since the thirty-first day of December 1959; or(d)at any time been declared or rendered a public space by the municipality or another competent authority;"sidewalk" means a sidewalk as defined in section 1 of the National Road Traffic Act, 1996 (Act 93 of 1996);"the Act" means the Businesses Act, 1991 (Act 71 of 1991) read with its Schedules;"unit" means the space from which an informal trader may conduct his or her business and which is not greater than 3 metres in length and 2 metres in width, and"verge" means that portion of a road, street or thoroughfare which is not the roadway.
2. Purpose of By-LawThe Municipality, acting in terms of section 6A(1)(a)(i) of the Businesses Act, 1991 (Act 71 of 1991), and—(a)having regard to the principles set out in the Act and in the Constitution;(b)taking into consideration the need of the residents to actively participate in economic activities; and(c)taking into consideration the need to maintain a clean, healthy and safe environment, in this by-law provides mechanisms, procedures and rules to manage informal trading.
3. General conduct
4. RentThe municipality shall fix the rent payable to it for the letting of stands or units in demarcated areas or informal trading centres under its control from where the carrying on of the business of street vendor, pedlar or hawker is permissible.
5. General restrictions
6. Cleanliness and protection of public health
7. Trading in parks and gardensNo informal trader shall carry on business in a garden or park to which the public has the right of access, except with the prior written approval of the municipality, which approval shall not be unreasonably withheld and may be granted subject to certain conditions.
8. Objects used for display of goods
9. Removal and impoundment
10. AppealA person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
11. Offences and PenaltiesA person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and,(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to 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 result of such contravention or failure.
12. Liaison forums in community
13. Conflict with other legislationIn the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.
14. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.
15. Short title and commencementThis by-law shall be known as the Informal Trading By-law and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of By-Law
- 3. General conduct
- 4. Rent
- 5. General restrictions
- 6. Cleanliness and protection of public health
- 7. Trading in parks and gardens
- 8. Objects used for display of goods
- 9. Removal and impoundment
- 10. Appeal
- 11. Offences and Penalties
- 12. Liaison forums in community
- 13. Conflict with other legislation
- 14. Repeal of by-laws
- 15. Short title and commencement
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.