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Prevention and Suppression of Nuisances By-law, 2003
- Published in Western Cape Provincial Gazette no. 6067 on 19 September 2003
- Commenced on 19 September 2003
- [This is the version of this document from 19 September 2003 and includes any amendments published up to 17 March 2023.]
1. DefinitionsIn this by-law, unless the context otherwise indicates —"builder" means the person who is employed to build or to execute work on a building or structure or where no person is so employed, the owner of the building or structure;"cost" means the amount determined by a duly authorised employee of the Council;"Council" means the council of the Swartland Municipality or its duly authorised employee;"erf" means any land, whether vacant, occupied or with buildings thereon;"garden" means any island or circle in any street or public parking area which has been cultivated as a rockery or garden or planted with trees or shrubs;"objectionable material" means garden litter, rubbish, waste material, rubble, scrap metal, article or thing, disused machinery, motor cars,or other vehicles, as well as the disused parts thereof, refuse from any building operations, or any refuse capable of being deposited on any land or premises, including new or used building materials not necessarily required in connection with bona fide building operations actually in progress on any land, and includes any solid, liquid or gas which is or may become offensive or dangerous or injurious to health or which materially interferes with the ordinary comfort or convenience of the public, and"owner" in relation to immovable property means the person in whom is vested the legal title thereto;provided that —
3.Notwithstanding the provisions of any other by-law no person shall —
5.Every person engaged in building operations, road construction or construction work of any nature shall, when required to do so, provide adequate sanitary accommodation for him- or herself and his employees to the satisfaction of and in accordance with any requirements specified by the Council.
6.A builder who is erecting a building or who is making structural alterations or additions to a building or who is effecting repairs to or is renovating a building and who employs a caretaker or a nightwatchman in connection with such building operations or other work, shall not permit or allow such caretaker or nightwatchman to be accommodated in any such building or other work under construction or which is being renovated, but shall provide a temporary structure on the site of operations to the satisfaction of the Council for the accommodation of such caretaker or nightwatchman. Not more than one caretaker or nightwatchman shall be employed by the said person in connection with the works herein referred to without the prior written permission of the Council. Further, the said builder, caretaker or nightwatchman shall not, between the hours of sunset and sunrise, cause or allow any other person or persons to make use of or to sleep or to gather in the said temporary structure or without good cause to enter and/or remain on the site or premises where the building operations or other work are being carried out.
7.No person shall, without permission of the Council, occupy or permit to be occupied for human habitation a caravan, tent or other similar shelter of any description except on an authorised camping or caravan site controlled by the Council or any other camping or caravan site which conforms with the provisions of the Council’s by-law relating to parks for caravans and mobile homes.
8. PenaltyAny 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
19 September 2003 this versionPublished in Western Cape Provincial Gazette no. 6067By-law commences.
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