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This is the latest version of this By-law.
Display of Posters and Banners By-law, 2010
- Published in Western Cape Provincial Gazette no. 6814 on 26 November 2010
- Commenced on 1 February 2011
- [Up to date as at 15 December 2021]
PreambleThe object of this By-Law is to regulate the display of posters within the municipal area of Swartland Municipality in a manner that is sensitive to the environment. This By-Law seeks to strike a balance between advertising opportunities on the one hand, and the conservation of visual, tourist, environmental and heritage characteristics on the other hand.In addition, posters and banners should not compromise traffic safety and should not adversely affect the character of a locality.
1. DefinitionsIn this By-Law, unless the context otherwise indicates:"Banner" means any material upon which a sign is displayed in such a manner as to be fully legible in windless conditions, attached to one or more ropes, poles or flagstaffs projecting vertically, horizontally or at an angle, or attached to buildings or special structures, but excludes banners carried as part of a procession. A flag which is not displayed on an approved flag pole shall for the purposes of this By-Law, be deemed to be a banner;"Municipality" means Swartland Municipality and includes any Executive Councillor, or Committee established by the Municipality, or any employee thereof, acting in connection with this By-Law by virtue of a power vested in the Municipality and delegated to such employee by the Municipality;"National road" means a national road as defined in the National Roads Traffic Act No 93 of 1996;"New sign" means any sign first displayed after the promulgation of this By-Law;"Organ of state" means:(1)any department of state or administration in the national, provincial or local sphere of government;(2)any other functionary or institution:(i)exercising a power or performing a function in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any other legislation;"Peace officer" means a traffic officer and also a traffic warden appointed in terms of section 3A of the National Roads Traffic Act No 93 of 1996 and includes any magistrate, justice, police official, correctional official as defined in section 1 of the Correctional Services Act No 8 of 1959, and, in relation to any area, offence, class of offence or power referred to in a notice issued under section 334(1) of the Criminal Procedures Act No 51 of 1977, any person who is a peace officer under that section;"Pennon" means temporary signs capable of being attached to the municipal electrical light standards and/or pasted to fixed designated structures within road reserves to advertise events, campaigns and including elections or referenda;"Poster" means temporary signs capable of being attached to the municipal electrical light standards and/or pasted to fixed designated structures within road reserves to advertise events, campaigns and including elections or referenda;"Public place" means any public road as defined in the National Road Traffic Act No 93 of 1996;"Road Reserve" means the area contained within the statutory width of a road, and includes roadways, shoulders and sidewalks and the airspace above such roadways, shoulders and sidewalks and all other areas within the road reserve boundary;"Traffic Sign" means a road traffic sign as prescribed in the National Road Traffic Act No 93 of 1996;"Traffic Signal" means a road traffic signal as prescribed in the National Road Traffic Act No 93 of 1996.
2. Submission of Applications
3. Different Types of ApplicationsOnly posters, banners and notices in the following categories may be displayed and will be considered by the Municipality:(1)Posters with the main purpose of advertising a religious, sporting, educational, cultural, tourism, charity or similar event of a non-commercial nature, provided that such event are to take place within the boundaries of the municipal area;(2)Newspaper headline posters of the day of a daily, weekly or week-end newspaper;(3)Posters for parliamentary, provincial or municipal elections (including by-elections) and referenda as well as campaigns by state and parastatal institutions to promote democracy, good governance or similar principles, or any national, provincial or municipal Imbizo, or similar event;(4)Posters for public awareness campaigns and notices of a public meeting.
4. ChargesThe Municipality shall, from time to time, determine a charge for the removal of posters by the Municipality, which charge shall be recovered from the applicant’s deposit in the event of any or all of the posters not being removed by the applicant on the date it is required to be removed in terms of the approval granted by the Municipality. The full or the remained of the deposit, after such charges were deducted, shall only be paid out by the Municipality when all posters are removed.
5. General Factors For Consideration of ApprovalIn considering an application for the erection of a poster in terms of this By-Law or an amendment or condition attaching or to be attached to an approval, the Municipality shall have regard to the following factors:(1)No poster or banner may display any material or graphic which, whether in form, contents or both, may reasonably be expected to cause offence to the public or an identifiable class of persons.(2)No poster or banner may be displayed or will be allowed to be displayed that will be detrimental or may otherwise negatively impact on the environment, whether artificial or natural.(3)If a sign constitutes a danger in any manner or is obscene, in the opinion of the Municipality, the Municipality itself may, without serving any notice, carry out the removal of such sign.
6. Standard Structural RequirementsIn addition to the requirements in Schedules 1 and 2 to this By-Law, the following conditions will apply:(1)The person by whom a poster or banner is erected shall be liable for the maintenance thereof.(2)Every poster or banner and its support structure shall be kept in a state of good repair.(3)Where any poster or banner becomes torn or damaged or otherwise falls into a state of disrepair, the person owning and/or displaying such poster or banner shall within three (3) working days of a notice to do so, remove it.(4)Posters or banners must be located at a height that discourages vandalism.
7. Traffic Safety Requirements
8. Legal RequirementsAll posters to be erected and/or displayed within the area of jurisdiction of the Municipality must, in addition to complying with this By-Law, comply with all other applicable legislation, including any applicable Zoning Scheme Regulations.
9. ApprovalThe Municipality may, at any time, withdraw an approval granted in terms of this By-Law or its predecessor or amend any condition or impose a further condition in respect of such approval, if a poster is in a state of disrepair, no longer complies with any provision of this By-Law or is substantially altered from the original application by way of graphic content.
11. Damage to Municipal Property
13. PresumptionsAny person charged with an offence in terms of this By-Law who is:(1)the owner of any land or building on which any poster was or is displayed, shall be deemed, until the contrary is proved, to have knowingly displayed such poster, or caused or allowed it to be displayed;(2)alone or jointly with any other person responsible for organizing, or in control of any meeting, function or event, to which a poster relates, shall be deemed, until the contrary is proved, to have knowingly displayed every poster displayed in connection with such meeting, function or event or to have caused or allowed them to be so displayed;(3)the person whose name appears on a poster or whose product or services are advertised on such poster, shall be deemed, until the contrary is proved, to have displayed such poster, or to have caused or allowed it to be displayed unless the contrary is proved.
14. Enforcements and Removal of Posters and Banners
15. Service of NoticesWhere any notice or other document is required by these By-Laws to be served on any person, it shall be deemed to have been properly served if served personally on him/her, or any member of his/her household, apparently over the age of 16 years, at his place of residence, or on any person employed by or with him/her at his place of business, or if posted by registered post to such person’s residential or her business address, as it appears in the record of the Municipality, or if such person is a company or close corporation or a trust, if served on any person apparently employed by that company, close corporation or a trust, if served on such person at the registered office, or sent by registered post to such office.
16. Magistrate's Court JurisdictionNotwithstanding anything to the contrary contained in any law relating to Magistrate’s Courts, a Magistrate shall have jurisdiction, on the application of any Local Authority, to make an Order for the enforcement of the provisions of this By-Law or of any approval, refusal or condition applicable in terms thereof.
History of this By-law
1 February 2011By-law commences.
26 November 2010 this versionPublished in Western Cape Provincial Gazette no. 6814