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Repealed

This By-law was repealed on 12 June 2015 by Collections.

This is the version of this By-law as it was when it was repealed.

Swartland
South Africa

Street and Door-to-Door Collections 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 March 2023.]

[Repealed by Collections on 12 June 2015]

[Some of the provisions of this By-law have no headings.]

1.

In this by-law, unless the context otherwise indicates:—"area of jurisdiction" means the area referred to in paragraph 2 of the proclamation promulgated under Provincial Notice 485 dated 22 September 2000;"Council" means the council of the Swartland Municipality;"officer" means—

(a)a traffic officer appointed under section 3 of the Western Cape Road Traffic Act, 1998 (Act 12 of 1998);

(b)a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act 68 of 1995), or

(c)a peace officer contemplated by section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977), and

"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.

2.

(1)No person shall within the area of jurisdiction of the Council collect, attempt to collect or permit to be collected in a public road or from door-to-door any money or goods or organise or in any way assist in the organisation of such collection, accept with the written permission of the Council and subject to such conditions as the Council may deem fit.

(2)An application for the consent of the Council in terms of subsection (1) shall be submitted to the Municipal Manager, in writing, and shall state—

(a)the full name, address and occupation of the person to be responsible or of persons to be jointly responsible for such collection;

(b)the object for which such collection is to be made or the fund to which the proceeds thereof are to be devoted, and whether such object or fund is local to the area of jurisdiction of the Council;

(c)where an applicant is the local branch of a larger organisation, what percentage, if any, will be paid over to the parent organisation;

(d)the day or days on which and the hours between which such collection is to be made;

(e)the area where such collection is to be made;

(f)whether the gross amount of the proceeds without a deduction is to be devoted to the object or fund in question;

(g)the name and address of the person who will supervise such collection; and

(h)whether contributions in the form of goods will be record on lists, and whether contributions in cash will be recorded lists or received in receptacles.

(3)Where cash contributions are to be received in receptacles on each such receptacle shall bear a label indicating the object or the fund to which the proceeds shall be devoted.

(4)Where contributions are to be recorded on lists, such lists shall state—

(a)that such collection is being made with the consent of the Council;

(b)the object or the fund to which the proceeds shall devoted;

(c)by whom such collection is being made or conducted; and

(d)the name and address of the person supervising such collection.

(5)Where contributions are to be recorded or received in a mann other than that prescribed in subsection (3) or (4) the consent the Council thereto shall first be obtained.

3.

Every collector who collects contributions either in cash or in the for of goods, shall carry on his or her person a certified copy of the approval granted by the council in terms of section 2(1) as prove that the collection had indeed been approved by the Council and—

(1)shall on demand of an officer produce such approval;

(2)may show such an approval to a member of public should member of the public insist on prove that such a collection carries the approval of the council.

4.

Where an application referred to in section 2 representing an urgent need of the Council’s consent, is received by the Municipal Manager on a date or a time which will not permit of such application being submitted to the Council or its responsible Committee for consideration on account of the insufficient period of time allowed for such application to be so submitted, it shall be lawful for the Municipal Manager, in consultation with the Mayor and subject to confirmation by the Council, to consent or refuse to consent to such collection as may deem fit.

5. Penalty clause

Any person who contravenes or fails to comply with any provision this by-law shall be guilty of an offence and liable upon conviction a penalty not exceeding—

(1)a fine of one thousand Rands or imprisonment for a period of six months or either such fine or such imprisonment or both such fine and such imprisonment or both such fine and such imprisonment;

(2)in the case of a continuing offence, an additional fine of fifty Rands or an additional period of imprisonment of ten days either such additional fine or such additional imprisonment both such additional fine and imprisonment for each day on which such offence is continued, and

(3)a further amount equal to any costs and expenses found by the court to have been incurred by the local authority as a result such contravention or failure.

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History of this By-law

12 June 2015

Repealed by Collections
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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