COVID-19 RegulationsSome municipal functions such as public transport, restaurant hours and liquor sales are impacted by recent national COVID-19 regulations.
Read the COVID-19 regulations.
RepealedThis By-law was repealed on 11 July 2014 by Repeal.
This is the version of this By-law as it was when it was repealed.
Public Amenities 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 28 May 2021]
- [Repealed by Repeal on 11 July 2014]
1. DefinitionIn this by-law, unless the context otherwise indicates—"council" means the council of Swartland Municipality;"notice" means a clear and legible official notice drawn up by the council in at least two official languages and displayed by order of the council at every entrance to or at a conspicuous place at or on a public amenity and to which the council shall make known provisions and directions adopted by it in terms of this by-law;"public amenity" means—(a)any land, square, camping site, swimming bath, public resort,recreation site, nature reserve, zoo-logical, botanical or other garden, park or hiking trail, including any portion thereof and any facility or apparatus therein or thereon, but excluding any public road or street;(b)any building, structure, hall, room, or office including any part thereof and any facility or apparatus therein, which is the property of, or is possessed, controlled or leased by the council and to which the general public has access, whether on payment of admission fees or not;(c)also any public amenity contemplated in paragraphs (a) and (b) , if it is lawfully controlled and managed in terms of an agreement by a person other than the council.
2. Maximum number of visitors
3. Admission to and residence in a public amenity
4. Entrance fees
5. NuisancesNo person shall perform or permit any of the following acts to be performed in or at a public amenity—(a)the use of language or the performance of any other act with the purpose of disturbing the good order;(b)the firing of firearms, airguns, air pistols, fireworks or the use of sling-shots or catapults;(c)the burning of rubble or refuse;(d)the causing of unpleasant or offensive smells;(e)the production of smoke nuisances;(f)the causing of disturbances by fighting, shouting, arguing, singing or the playing of musical instruments; of the use of loudspeakers, radio reception devices, television sets, or similar equipment; or(g)in any other manner causes a nuisance, obstruction, disturbance or annoyance to the public.
6. Health mattersNo person shall in or at a public amenity-(a)dump, drop or place any refuse, rubble, material or any object or thing or permit it to be done, except in a container provided for that purpose in or at the amenity;(b)pollute or contaminate in any way the water in any bath, swimming-bath, dam, spruit, river or water-course;(c)enter any bath or swimming bath while suffering from an infectious or contageous disease or having an open wound on his body;(d)perform any act that may detrimentally affect the health of any visitor to a public amenity.
7. StructuresNo person shall without the written consent of the council having first been obtained, erect or establish in or on a public amenity any structure, shelter or anything else, except a caravan or tent erected for camping purposes on a site specifically set aside therefor by notice; provided that application for such consent shall be made to the council on a form provided for that purpose, at least 21 days before such erection.
8. Liquor and food
10. LoiteringNo person leading the life of a loiterer or who lacks any determinable and legal refuge or who leads a lazy, debauched or disorderly existence or who habitually sleeps in a public street,public place or on a private place or who habitually begs for money or goods or persuades others to beg for money and goods on his behalf, may loiter or linger about in a public amenity.
11. Gatherings and processions
12. Safety and order
13. WaterNo person may misuse, pollute or contaminate any water source or water supply or waste water in or at any public amenity.
14. Laundry and crockeryNo person may in or at a public amenity wash any crockery or laundry or hand out clothes, except at places indicated by notice for that purpose.
16. GamesNo game of any nature whatsoever shall be played or conducted in or on a public amenity by any person or persons except at places set aside for that purpose by notice and in accordance with the directions of the council and which is made known by way of notice.
17. Improper or indecent behaviourNo person may in or at a public amenity(a)perform an indecent act or conduct himself improperly by exposure of his person or otherwise, or make improper gestures or incite or urge someone to perform a disorderley or indecent act;(b)use foul, lewd, dirty or indecent language;(c)write, paint, draw or in any way make a filthy or immoral figure, writing, drawing or representation;(d)defecate, urinate or undress, except in such building or on premises intended or indicated by notice for such purpose or enter or use a toilet facility intended or indicated as such by notice for members of the opposite sex.
18. ClothingVisitors to or a user of a public amenity at all times shall be clothed decently in public.
19. Powers of a person in controlA person appointed by the council to control a public amenity may—(a)in a public amenity at any time enter upon any place, land premises or building and conduct and investigation thereat in order to dertermine whether the provisions of these by-laws are complied with;(b)for the better exercising of any power or the performance of any function or duty assigned or granted to him, take along an interpreter who, while acting under the lawful order of such person, shall have the same powers, functions and duties as such person.
20. PenaltiesAny person who—(a)contravenes or fails to comply with a provision of these by-laws or a direction adopted by a council under these by-laws and which has been made known by notice, or of a condition imposed under such by-law, irrespective of whether such contravention or failure has been declared as an offence elsewhere in these by-laws, or not;(b)deliberately obstructs, hampers or handicaps any person in the execution of any power or the performance of any duty or function in terms of any provision of these by-laws, or;(c)furnishes false, incorrect or misleading information when applying for permission, from the council in terms of a provision of by-law, shall be guilty of an offence and if found guilty shall be punishable with a fine of not exceeding R1 000 or with imprisonment for a period not exceeding six months and, in the event of continuing contravention, a fine not exceeding R50 or with imprisonment not exceeding ten days for each day that the contravention continued.
- Entire By-law
- 1. Definition
- 2. Maximum number of visitors
- 3. Admission to and residence in a public amenity
- 4. Entrance fees
- 5. Nuisances
- 6. Health matters
- 7. Structures
- 8. Liquor and food
- 9. Animals
- 10. Loitering
- 11. Gatherings and processions
- 12. Safety and order
- 13. Water
- 14. Laundry and crockery
- 15. Vehicles
- 16. Games
- 17. Improper or indecent behaviour
- 18. Clothing
- 19. Powers of a person in control
- 20. Penalties