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RepealedThis By-law was repealed on 22 May 2015 by Outdoor Advertising and Signage.
This is the version of this By-law as it was when it was repealed.
Advertising Signs and the Disfigurement of the Fronts or Frontages of Streets By-law, 2002
- Published in Western Cape Provincial Gazette no. 5859 on 19 April 2002
- Commenced on 19 April 2002
- [Up to date as at 15 December 2021]
- [Repealed by Outdoor Advertising and Signage on 22 May 2015]
1. DefinitionsIn the interpretation of this by-law the following words and expressions shall have the meanings respectively assigned to them hereunder, unless such meanings are repugnant to or inconsistent with the context in which they occur:—"aerial sign" shall mean any sign attached to a kite, balloon, aircraft or any other device whereby it is suspended in the air over any part of the area under the jurisdiction of the local authority."authorised employee" shall mean any employee authorised thereto by the local authority."clear height" of a sign shall mean the vertical distance between the lowest edge of such sign and the level of the ground, footway or roadway immediately below such sign."depth"of a sign shall mean the vertical distance between the uppermost and lowest edges of such sign."display of a sign" shall include the erection of any structure if such structure is intended solely or primarily for the support of such sign; and the expression "to display a sign" shall have a corresponding meaning."flashing sign" shall mean any illuminated sign, the light emitted from which does not remain constant in all respects."flat sign" shall mean any sign which is affixed to or painted directly on a main wall and which at no point projects more than 250 mm in front of the surface of such wall, but does not include a poster; provided, however, that a poster affixed to a main wall shall be deemed to be a flat sign if such poster is—(a)not less than 0,80 m² in area;(b)bordered by a permanent frame fixed to such main wall; and(c)maintained at all times in an unmutilated and clean condition."local authority" shall mean the Council of the Swartland Municipality."main wall" of a building shall mean any external wall of such building but shall not include a parapet wall, balustrade or railing of a verandah or a balcony."new sign" shall mean any sign first displayed after the promulgation of this by-law."overall height" of a sign shall mean the vertical distance between the uppermost edge of such sign and the level of the ground, footway or roadway immediately below such sign."person" in relation to the display or alteration of or the addition to a sign, or in relation to the intended or attempted display or alteration of, or addition to a sign, shall include the person at whose instance such sign is displayed, altered or added to, or at whose instance such sign is intended or attempted to be displayed, altered or added to, as the case may be; and the person who or whose goods, products, services, activities, property or premises, is or are referred to in such sign shall be deemed to be such person unless he proves the contrary."poster" shall mean any placard or similar device attached to some fixed object whereby any advertisement or notice is publicly displayed."projecting sign" shall mean any sign which is affixed to a main wall and which at some point projects more than 250 mm in front of the surface of such wall."public road" means any road, street or thoroughfare or any other place which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes—(a)the verge of any such road, street or thoroughfare;(b)any footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other work or object belonging to such road, street or thoroughfare, footpath or sidewalk, and(e)any premises with or without structures thereon, used or set aside as a public parking area or public parking place for the parking of motor vehicles whether or not access to such a parking area or place is free of charge."running light" means a portion of a sign in the form of an illuminated strip, the illumination of which varies periodically in such a way as to convey the impression of a pattern of lights moving steadily along such strip."sign" shall mean any sign, signboard, screen, private lamp, blind or other device by means whereof any advertisement or notice is publicly displayed."sky sign" shall mean any sign that is fixed above the roof of a building other than a roof of a verandah or a balcony and shallinclude any such sign consisting of a single line of free standing, individual, cut-out, silhouette letters, symbols or emblems."thickness" of a projecting sign shall mean the horizontal dimension of such sign measured parallel to the plane of the main wall to which such sign is affixed.
2. Disfigurement(a)No person shall by means of posters or other signs disfigure the front or frontage of any public road, wall, fence, land, rock, tree or other natural feature, or the front or frontage or roof of any building otherwise than is provided in this by-law and any person who contravenes the provisions of this section shall be guilty of an offence.(b)A local authority may, subject to such conditions as it may deem fit, grant permission for the display of posters on special occasions such as elections, festivities, university rag processions, etc.
3. Submission and Approval of Application to Display Sign
4. Existing Signs to Comply with by-law
6. Subject Matter of Signs
7. Signs allowed on BuildingsThe following signs and no others may be affixed to or painted on buildings; provided that the local authority may prohibit the erection of certain or all of the undermentioned signs or the use of certain colours therein:—(a)Flat signs.(b)Projecting signs.(c)Sky signs.(d)Signs affixed to or painted on verandahs or balconies.(e)Signs painted on sunblinds affixed to buildings.(f)Any sign referred to in paragraphs (i), (ii), (iv), (vi), (vii), (viii) , (ix), (x), (xi), (xii), (xiii), (xiv), (xv) and (xvi) of section 22(2); provided that all the conditions applicable to such sign are complied with.
8. Flat Signs
9. Projecting Signs
11. Signs on Verandahs and Balconies
12. Signs over Footways and Roadways
13. Prohibited Signs
14. Signs on Walls, Fences and Hoardings
15. Signs on poles and other structures
16. Signs on Vehicles and Signs Carried Through the Street
17. Illuminated Signs
18. Structural Requirements
19. Use of GlassAll glass used in signs (other than glass tubing used in neon and similar signs) shall be plate glass at least 5 mm thick.
20. Fire PrecautionsExcept as in section 22 provided, all illuminated signs and supports thereof shall be of incombustible material; provided that the local authority may allow any sign approved in terms of sections 14 and 15 and any support for any such sign to be of combustible material.
21. Electrical Requirements
23. SavingsNothing in this by-law contained shall be construed as affecting in any way rights belonging to, or duties imposed upon, the local authority as the body in whom is lawfully vested the ownership of, or the control over, any public road or other place or thing whatsoever within its area of jurisdiction.
24. Waiver of Regulations
25. Penalty clauseAny person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to a penalty not exceeding—
History of this By-law
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