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Collections By-law, 2015
- Published in Western Cape Provincial Gazette no. 7402 on 12 June 2015
- Commenced on 12 June 2015
- [Up to date as at 28 May 2021]
1. DefinitionsIn this by-law, unless the context otherwise indicates: –“collection” means the collection of money from door-to-door or face-to-face by means of lottery, cash contributions, debit agreement or any other payment agreement or the collection of goods, including, but not limited to food, clothing, animals or any other user items;“collector” means a person who physically undertakes the collection of money or goods and includes the person who is the organiser of supervisor of such collection;“municipality” means the municipality of Swartland established in terms of Section 12 of the Municipal Structures 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;“nuisance” means any act or omission which interferes with the ordinary comfort, convenience, peace or quiet of a person or which may adversely affect the safety of a person;“officer” means –(a)a traffic officer appointed under section 3 of the National Road Traffic Act, 1996 (Act 93 of 1996);(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);“public place” means any square, building, park, recreation ground or open space which—(a)is vested in the municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General’s office and has been provided for or reserved for the use of the public or the owners of erven in such township;“public road” means any road, street or thoroughfare or any other place 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;(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 restricted.(f)any other object belonging to such road, street or thoroughfare, which has at any time been—(i)dedicated to the public;(ii)used without interruption by the public for a period of at least thirty years;(iii)declared or rendered such by the municipality or other competent authority, or(iv)constructed by a local authority, and(v)any land, with or without buildings or structures thereon, which is shown as a street on—(aa)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or(bb)any general plan as defined in the Land Survey Act, 1927, registered or filed in a deeds registry or Surveyor General’s office, unless such land is in such plan or diagram described as a private street;
2. Purpose and principlesIn recognition of the right of individuals and organisations to undertake collections, the municipality with this by-law intends to provide rules and guidelines to prevent persons or organisations undertaking collections to create a nuisance to any person and to manage and co-ordinate collections to protect the general public against exploitation.
5. AppealA person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore 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.
6. Offences and penaltiesA person who contravenes any provision of sections 3 or 4 or fails to comply therewith or who contravenes a provision of subsection (2) commits an offence and shall on conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment; and(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued; and(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
7. RepealThe By-law Relating to Street and Door-to-Door Collections published in Provincial Gazette No. 5859 dated 19 April 2002 is hereby repealed as a whole.
8. Short title and commencementThis by-law shall be known as the Swartland Municipality: By-law Relating to Collections and shall come into operation on the date of publication therof in the Provincial Gazette.
History of this By-law
12 June 2015 this versionPublished in Western Cape Provincial Gazette no. 7402By-law commences.