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Repealed

This By-law was repealed on 11 July 2014 by Repeal.

This is the version of this By-law as it was when it was repealed.

Swartland
South Africa

Public Amenities By-law, 2002

Published in Western Cape Provincial Gazette no. 5859 on 19 April 2002
Commenced on 19 April 2002
[This is the version of this document from 19 April 2002 and includes any amendments published up to 17 June 2022.]

[Repealed by Repeal on 11 July 2014]

1. Definition

In 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

(1)The council may determine the maximum number of visitors who may be present at a specific time in or at a public amenity; provided that different numbers may so be determined for different public amenities.

(2)The number comtemplated in subsection (1) are made known by the council by means of a notice.

3. Admission to and residence in a public amenity

(1)A public amenity is, subject to the provisions of these by-laws, open to the public on the times determined by the council; provided that different times may be determined in respect of different public amenities.

(2)No visitor shall enter or leave a public amenity at a place other than that indicated for that purpose.

(3)The times and places contemplated in subsections (1) and (2),shall be made known by the council by means of a notice and any person who enters or is in a public amenity or any part thereof during the hours when such public amenities or part thereof is closed to the public, shall be guilty of an offence.

4. Entrance fees

(1)A visitor to a public amenity shall pay entrance fees determined from time to time by the council and such entrance fees shall be made known by means of a notice.

(2)Different entrance fees may so be determined in respect of visitors of different ages.

5. Nuisances

No 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 matters

No 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. Structures

No 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

(1)No person shall, contrary to a provision of a notice, bring into a public amenity any alcoholic or any other liquor or any food of whatever nature.

(2)Subject to the provisions of subsection (1) no person shall on,in or at a public amenity, contrary to a provision of a notice,cook or prepare food of any kind whatsoever, except at places set aside for such purposes by notice; provided that the preparation and cooking of food in or at a public amenity shall be done in a clean and hygienic manner so as not to give rise to excessive smoke or other nuisances or entail any danger to health; provided further that no live animals,poultry or fish may be killed or skinned on, in or at a public amenity.

9. Animals

(1)No person shall bring any live animal, bird, fish or poultry into a public amenity except in accordance with the directions of the council; provided that different directions may so be determined in respect of different public amenities and different types of animals, birds, fish and poultry.

(2)The directions contemplated in subsection (1) shall be made known by means of a notice.

10. Loitering

No 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

(1)No person shall without the consent of the council or contrary to any condition which the council may impose when granting such consent—

(a)arrange, present or attend any public entertainment;

(b)collect money or any other goods for charity or any other purpose from the general public;

(c)display or distribute any pamphlet, placard, painting,book, handbill or any other printed, written or painted work;

(d)arrange, hold address or attend any meeting;

(e)arrange, hold or attend a public gathering or procession, exhibition or performance;

(f)conduct any trade, occupation or business;

(g)display, sell or rent out or present for sale or rent any wares or articles;

(h)hold or attend an auction;

(i)tell fortunes for compensation; in or at a public amenity.

(2)For the purposes of this by-law "public gathering or procession" shall mean a procession or gathering of more than 15 persons.

(3)Consent contemplated in subsection (1), shall be refused only if the council is of opinion that-

(a)it would give rise to-

(i)public rioting;

(ii)the disturbance of public peace;

(iii)the committing of an offence;

(b)it would be detrimental to the public or the users of or visitors to the public amenity; or

(c)it would be detrimental to the public amenity concerned.

(4)Any person who requires the council’s written consent for any action contemplated in subsection (1), shall apply in writing to the council at least 21 days before such action on the form provided for this purpose.

12. Safety and order

(1)No person shall, subject to subsection (2), in or at a public amenity-

(a)damage or disfigure anything within such amenity;

(b)use or try to use anything within such amenity for any purpose other than that for which it is designed or determined by notice;

(c)light a fire or barbecue meat, except at a place indicated for that purpose by notice;

(d)throw away any burning or smouldering object;

(e)thrown or roll down any rock, stone or object from any mountain, koppie, slope or cliff;

(f)pull out, pick or damage any tree, plant, shrub,vegetation or flower;

(g)behave himself or herself in an improper, indecent,unruly, violent or unbecoming manner;

(h)cause a disturbance;

(i)wash, polish or repair a vehicle; provided that the aforegoing provision of this paragraph shall not be applicable to the emergency repair of a vehicle.

(j)walk, stand, sit or lie in a flower bed;

(k)kill, hurt, follow, disturb, ill-treat or catch any animal,bird or fish or displace, disturb, destroy or remove any bird nests or eggs;

(l)walk, stand sit or lie on grass contrary to the provisions of a notice;

(m)lie on a bench or seating-place or use it in such a manner that other users or potential users find it impossible to make use thereof;

(n)play or sit on playpark equipment, except if the person concerned is a child under the age of 13 years;

(o)swim, walk or play, contrary to the provisions of a notice, in a fish-pond, fountain, stream or pond, or

(p)places or affixes a placard, notice or any other object.

(2)A council may by way of notice and subject to such conditions as the council deems necessary and mentioned in the notice, authorise any of the actions contemplated in subsection (1).

13. Water

No person may misuse, pollute or contaminate any water source or water supply or waste water in or at any public amenity.

14. Laundry and crockery

No 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.

15. Vehicles

(1)No person may bring into a public amenity any truck, bus,motorcar, motor cycle, motor tricycle, bicycle or any other vehicle, craft or aeroplane, whether driven by mechanical,animal, natural or human power, except in accordance with the directions of the council; provided that different directions may be determined for different public amenities and for different such vehicles, craft or aeroplanes.

(2)The council may determine the speed limit applicable in a public amenity; provided that different speeds limits may be determined for different public amenities and for different such vehicles, craft or aeroplanes.

(3)The directions contemplated in subsection (1) and the speed limit contemplated in subsection (2) shall be made known by the council by way of notice.

16. Games

No 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 behaviour

No 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. Clothing

Visitors to or a user of a public amenity at all times shall be clothed decently in public.

19. Powers of a person in control

A 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. Penalties

Any 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.

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History of this By-law

11 July 2014

Repealed by Repeal
19 April 2002 this version

Published in Western Cape Provincial Gazette no. 5859

By-law commences.

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Swartland

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