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Swartland
South Africa
South Africa
Roads and Streets By-law, 2014
- Published in Western Cape Provincial Gazette no. 7285 on 11 July 2014
- Commenced on 11 July 2014
- [This is the version of this document from 24 June 2016 and includes any amendments published up to 17 June 2022.]
- [Amended by Parking Management on 24 June 2016]
Chapter 1
DEFINITIONS, PURPOSE AND OBJECTIVES
1. Definitions
In this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context otherwise indicates:—"animals" mean any horses, mules, donkeys, cattle, pigs, sheep, goats, ostriches, and other wild animals;"drunk" means a person who, reason of the alcohol which he or she has consumed, has lost control of his or her mental or physical faculties, or both, to such an extent as to render him or her incapable of comporting him- or herself, or of performing any act in which he or she is engaged, with safety to him- or herself or with that regard to the rights of others which the law demands;"municipality" means the Municipality of Swartland established in terms of Section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"municipal area" means the area of jurisdiction of Swartland Municipality as determined in terms of the Municipal Demarcation Act, 1998;"municipal manager" means a person appointed in terms of section 54A. of the Municipal Systems Act, 2000;"motor vehicle" means any self-propelled vehicle and includes—2. Purpose and objectives
The Swartland Municipality, acting under the Constitution and relevant legislation, and being aware of its duty to control the use of roads, streets and sidewalks and to manage any work undertaken in such roads, streets and sidewalks so as to provide a safe environment for all people within the municipal area, adopts this by-law to provide mechanisms and guidelines for such control and management.Chapter 2
GENERAL PROVISIONS RELATING TO ROADS AND STREETS
3. Streets and sidewalks
4. Advertisements visible from streets
5. Animals or objects causing an obstruction
No person may—6. Trees in streets
The management and protection of trees in roads, streets or public places will be undertaken in terms of the municipality’s tree policy and any person who wishes to plant, remove, prune or cut down any tree or shrub in a road, street or public place must obtain the permission of the municipality to do so.7. Trees or growth causing an interference or obstruction
8. Refuse, motor vehicle wrecks, waste material, etc.
No person may—9. Parking of heavy vehicles and caravans
10. Parking attendants
[Section 10 repealed by Parking Management by-law, published in Provincial Gazette No. 7638 of 24 June 2016.]11. Encroachments
Chapter 3
PROHIBITION OF CERTAIN ACTIVITIES IN ROADS AND STREETS
12. Vehicle repairs in streets
No person may, in a street or public place—13. Games and other acts in streets
No person may do anything in a street or public place which may endanger the life or safety of any person, animal or thing or may be a nuisance, obstruction or annoyance to the public.14. Use of explosives
No person may in or upon a street or public place use explosives or undertake blasting operations—15. Conveyance of animal carcasses or other waste products through streets
No person may carry or convey through a street or public place the carcase of an animal or any garbage, night soil, refuse, litter, rubbish, manure, gravel or sand—16. Fences on street boundaries
Subject to the provisions of the municipality’s applicable by-law relating to fencing and boundary walls no person may erect a barbed-wire-, razor wire-, electrified fence or other dangerous fence on the boundary of a street or public place except with the written permission of the municipality.17. Building materials in streets
No person may bore or cut stone or bricks, slake or sift lime, or mix building materials, or store or place building materials or any other materials in a street except with the written permission of the municipality, and subject to the requirements prescribed by the municipality.18. Balconies and verandas
No person may, except with the written permission of the municipality—19. Drying of washing on fences on boundaries of streets
No person may dry or spread washing on a fence on the boundary of a street or public place in a manner that obstructs traffic visibility.20. Damaging of notice-boards
No person may deface, damage or in any way interfere with any notice-board, road traffic sign, street-name board or other similar sign or any hoarding which has been erected by the municipality or with consent of the municipality in a street or public place.21. Street collections and distribution of handbills
22. Poison in streets
No person other than an official of the municipality or an authorised person who administers legally approved weed-killers or poisons, may use, set or cast poison in any street or public place.23. Roller-skating and skating on skateboards
No person may, except with the prior written permission of the municipality, skate on roller-skates or a skateboard or a similar device in or on a street or public place or in or upon an area where skating is prohibited by an applicable road traffic sign.24. Persons to be decently clad
No person may appear in any street without wearing any clothes or not being clothed in such a manner as decency demands; provided that this provision does not apply to a child under the age of seven years.25. Amusement shows and devices
26. Animals in a street
No person may allow an animal to be unattended or at large in any street or public place or allow such animal to be a danger or annoyance to the public.27. Restriction of access to streets
No person may, without the approval of the municipality, close or barricade any street or restrict access thereto.Chapter 4
WORK IN STREETS, PUBLIC ROADS AND SIDEWALKS AND WATER DISCHARGED ONTO ROADS AND STREETS
28. Use of vehicles that may damage street surface
29. Obstruction on public roads and restriction of access to streets
No person may deposit or cause to be deposited or leave or cause to be left sand, stone, earth, bricks, timber, lime, cement or other building or excavated material or burning material of whatever nature on a portion of a public road, sidewalk or footpath, unless it is deposited within an enclosure in respect of which the written consent of the municipality has first been obtained.30. Work in public roads or streets
No person may undertake work in any public road or on property belonging to the municipality without prior permission being obtained in terms of the operational manual as contemplated in section 31.31. Norms, standards and guidelines
32. Discharge of water on public road
33. Overflow of water in streets
No person may cause or allow any water other than rainwater to flow into a street.Chapter 5
BEHAVIOUR IN STREETS
34. Prohibited conduct
No person may in a street—Chapter 6
DISPLAY OF STREET NUMBERS
35. Street numbers
Chapter 7
GENERAL POWERS OF THE MUNICIPALITY
36. Municipality may act and recover costs
37. Closure of streets or roads
38. Temporary closure of streets or roads
39. Construction, maintenance and naming of streets
The municipality may in its area—40. Declaration of streets
Chapter 8
PROCESSIONS
41. Processions
Chapter 9
GENERAL MATTERS
42. Appeal
A person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.43. Exemption
44. Offences and penalties
A person who contravenes any provision or fails to comply with any provision of this by-law or who fails to comply with a notice issued in terms of this by-law, commits an offence and shall on conviction be liable to—45. Conflict with other legislation
In the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.46. Repeal of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law.47. Short title and commencement
This by-law shall be known as the By-law relating to Roads and Streets and shall come into operation on the date of publication thereof in the Provincial Gazette.History of this By-law
-
24 June 2016 this version
Amended by Parking Management -
11 July 2014
Published in Western Cape Provincial Gazette no. 7285By-law commences.Read this version
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