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Parking Management By-law, 2016
- Published in Western Cape Provincial Gazette no. 7638 on 24 June 2016
- Commenced on 24 June 2016
- [Up to date as at 28 May 2021]
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates—"authorised official" means—(a)a traffic officer appointed under the Road Traffic Act, No. 93 of 1996;(b)a member of the South African Police Services as defined in the South African Police Services Act, No. 68 of 1995(c)a peace officer contemplated by section 334 of the Criminal Procedure Act, No. 51 of 1977;(d)an employee of the municipality or any other person who is appointed or authorised thereto by the municipality to perform any act, function or duty related to the provisions of this by-law, or exercise any power in terms of this by-law."caravan" means any vehicle permanently fitted out for the use by persons for living and sleeping purposes, whether or not such vehicle is a trailer."motor vehicle" means any self propelled vehicle and includes a trailer, semi-trailer, a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed and adapted to be propelled by means of such pedals, engine, or motor, or both such petals and motor, but does not include a vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or a vehicle with a mass not exceeding 230 kilograms and specially designed and constructed, and not merely adapted, for use of any person suffering from some physical defect or disability and used solely by that person;"municipality" means the municipality of Swartland established in terms of section 12 of the Local Government: Municipal Structures Act, No. 117 of 1998, and includes duly authorised agent, service provider 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 agent service provider or employee;"park" means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle, and "parking" has a corresponding meaning;"notice, notice board or sign" means an adequate notice in two of the three official languages of the Province, or as acknowledged by the municipality, erected or posted in a prominent position or positions and maintained in a legible state. It includes an emblem board as approved by the municipality;"parking attendant" means an appointed person who on his own initiative offers a service to the public, whether in expectation of a reward or out of goodwill, at the request or with the consent of the person in charge of a vehicle, to supervise or render assistance while such vehicle is being parked or in the employ of an organisation who provide a parking attendant service;"parking ground" means any area of land set aside by the municipality, or any area controlled by, or of which the municipality has gained control, as a parking ground or garage for the parking of vehicles therein by members of the public, whether or not charges are prescribed by this by-law for use thereof;"parking space" means an area demarcated by means of parking lines, a parking bay painted on a street or otherwise indicated;"public road or street" means any road, street, cycle path, thoroughfare, parking bay or any other place and includes—(a)the verge of any such public road;(b)any foot path, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such public road;(d)any other object belonging to such public road, which has at any time been:(i)dedicated to the public,(ii)used without interruption by the public for a period of at least 30 years,(iii)declared or rendered such by a municipality or other competent authority, or(iv)constructed by a local authority; and(e)any land, with or without buildings or structures thereon, which is shown as a public road on—(i)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon,(ii)any general plan as defined in the Land Survey Act, No. 8 of 1997, registered or filed in a deeds registry or Surveyor General’s office, unless such land is on such plan or diagram described as a private public road;"Road Traffic Act" means the National Road Traffic Act, No. 93 of 1996;"road traffic sign" means any sign erected or given to enhance road safety, traffic signs are boards with letters or sign thereon to warn or inform drivers of vehicles or pedestrians;"stop" means to keep a vehicle, whether occupied or not, stationary for a period of time no longer that is reasonably necessary for the actual loading or off-loading of persons or goods, but does not include any such stopping by reason of a cause beyond the control of the driver of such vehicle;
2. Purpose of by-lawThe purpose of this by-law is to achieve a safe environment for the benefit of residents within the area of jurisdiction of the municipality, and to provide for the supply, regulation and control of parking in the area of jurisdiction of the Swartland municipality.
GENERAL PROVISIONS RELATING TO PARKING
4. Control of parking
5. Work zone permitsSubject to any conditions the municipality may impose, a work zone parking permit may be granted for parking or other building or construction purposes in a parking space or parking ground or on the verge of a road or in the road reserve if the municipality is satisfied that—(a)the part of the road or the area referred in subsection (1) is adjacent to the site of the proposed building or construction work;(b)the carrying out of the building or construction work is lawful; and(c)having regard to the nature of the building or construction work and the characteristics of the site of the work, it is not reasonably practical for all work activity involving vehicle loading and unloading and associated vehicle movements to be confined within the site.
6. Municipal works parking permitSubject to conditions the municipality may impose, a municipal works parking permit may be granted to allow a person to park one or more vehicles in a designated parking space, and for a period specified in the permit despite an indication on an official traffic sign to the contrary and despite the fact that paid parking would otherwise apply to the space if the person is—(a)an employee, contractor or agent of the municipality; and(b)parking the vehicle or vehicles in the space—(i)for the purpose of carrying out work for or on behalf of the municipality; and(ii)in the course of carrying out his or her duties for on behalf of the municipality.
7. Reserved parking
8. Resident parking permitsSubject to any conditions the municipality may impose, a resident parking permit may be granted to persons—(a)who reside in a residence—(i)situated on a section of road in circumstances where parking immediately adjacent to the residence is regulated by time; and(ii)situated on a section of road in circumstances where the issue of the permit would not unduly impede the flow of traffic either on the road or in the area; and(b)whose residence does not have and cannot reasonably provide off-street parking.
9. Parking in a loading zone
10. Parking of heavy vehicles, trailers and caravans
11. Stopping of vehicles
12. Parking of vehicles
13. Prohibited conductNo person may—(a)remove, disfigure, obscure or in any manner damage or interfere with a notice, notice-board, sign or other thing placed by the municipality in a parking area;(b)drive a vehicle negligently or in a manner causing danger to the public or to another vehicle in a parking area;(c)clean or wash a vehicle in a parking ground or parking space;(d)park or allow a vehicle to be parked in such a position in a parking space or parking ground that is likely to obstruct or to impede the movement of other vehicles or persons;(e)park or allow a vehicle to be parked in a parking space or parking ground for the purposes of advertising, sale or rental.
14. Abandoned vehicles
15. Taxi parking
16. Use of taxi ranks
17. Behaviour prohibited at a taxi rankA person who causes a disturbance or behaves in a riotous or indecent manner commits an offence in terms of this by-law and may be removed from a queue, taxi rank or the vicinity of a taxi facility by any authorised official.
18. Parking attendants
19. Conduct of persons acting as parking attendantsNo person may—(a)force or demand from any person to make use of his services; or(b)damage or threaten to damage any vehicle for not receiving a donation or fee.
20. Compliance and enforcementThe Director: Protection Services of the municipality is responsible for the implementation and administration of this by-law and may delegate in writing any power or duty granted to him to a competent official in his directorate.
21. Notice of compliance
22. Closure of parkingNotwithstanding anything to the contrary in this by-law, the municipality may, when necessary, close any parking space or parking ground and must indicate the fact of such closure at the entrance of the parking space or parking ground.
24. AppealA person whose rights are affected by a decision of the municipality in terms of delegated authority 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.
25. Offences and penalties
26. Repeal of bylaws and provisionsThe following by-laws and provisions are hereby repealed—
27. Short title and commencementThis by-law shall be known as the Swartland Municipality: Parking Management By-law and shall come into operation on the date of proclamation thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law
- 3. Application
Chapter 1 – GENERAL PROVISIONS RELATING TO PARKING
- 4. Control of parking
- 5. Work zone permits
- 6. Municipal works parking permit
- 7. Reserved parking
- 8. Resident parking permits
- 9. Parking in a loading zone
- 10. Parking of heavy vehicles, trailers and caravans
- 11. Stopping of vehicles
- 12. Parking of vehicles
- 13. Prohibited conduct
- 14. Abandoned vehicles
- Chapter 2 – TAXI PARKINGS
- Chapter 3 – PARKING ATTENDANTS
- Chapter 4 – GENRAL PROVISIONS
History of this By-law
24 June 2016 this versionPublished in Western Cape Provincial Gazette no. 7638By-law commences.