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Camping Areas By-law, 2007
- Published in Western Cape Provincial Gazette no. 6426 on 16 March 2007
- Commenced on 16 March 2007
- [This is the version of this document from 16 March 2007 and includes any amendments published up to 17 March 2023.]
- [Note: The original publication document is not available and this content could not be verified.]
Purpose of by-law• To promote the achievement of a safe and sought after tourism environment for the benefit of visitors and residents within the area of jurisdiction of the municipality.• To provide for procedures, methods and practices to regulate the use and management of camping areas.
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine; the singular includes the plural and vice versa; the Afrikaans text shall prevail in the event of an inconsistency between the different texts; and, unless the context otherwise indicates:—"animal" means any mammal, reptile, amphibian or fish;"camp" or "camping" means to occupy land by picnicking thereon or by standing thereon with a caravan or vehicle or erecting thereon a tent or temporary structure and using such caravan, vehicle, tent or temporary structure for the purpose of habitation and/or sleeping or as a shelter or protection against the weather;"camper" means the person who camps and, in relation to a camping area, to whom a camping permit is issued;"camping area" means land vesting in and set aside by the municipality as a public picnic, camping or caravan park site or a similar facility approved by the municipality on private land;"camping permit" means a document printed and issued by the municipality for the purposes contemplated by this by-law or the municipality’s official receipt issued against payment of the prescribed camping charges in respect of the occupation of a camping area;"camping site" means any part of a camping area, demarcated or assigned for the purpose of camping thereon;"caravan" means a motor vehicle or trailer permanently equipped to provide living and sleeping accommodation for persons;"caravan park" means any land used or intended to be used for the accommodation of caravans and mobile homes;"caretaker" means the official appointed by the municipality or an owner to ensure that the provisions of this by-law is complied with and includes any employee of the municipality or owner, acting in the capacity as caretaker or acting in terms of a direction by or authority of the caretaker;"municipality" means the Municipality of Drakenstein established iu terms of section 12 of the Local Government: Municipal 22 Structures Act, 1998 (Act 117 of 1998), Provincial Notice 488 dated September 2000, 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, omission or condition which is offensive or injurious or dangerous to health, or which materially interferes with the ordinary comfort, convenience, peace or quiet of persons in a camping area or adversely affects the safety of such persons;"owner" means the person to whom the municipality has granted written permission to permit camping on private land;"prescribed charges" means the charges prescribed by the municipality for entrance to and use of a camping area and the amenities connected therewith;"vehicle" means a device designed or adapted mainly to travel on wheels or crawler tracks and also includes a trailer, and"waters" include rivers, streams, dams, reservoirs and furrows together with the banks thereof and any part of such waters.
Camping in land vested in or under control of the municipality
2.No person shall camp on any land vesting in and/orunder the control of the municipality except on a camping site within the boundaries of a camping area, and then only subject to the provisions of this by-law.
3.No person shall camp on any land within a camping area without being in possession of a valid camping permit.
4.Any person making use of a camping area or any amenity therein for whatever purpose shall do so at his own risk and the municipality shall, in the absence of proof of negligence on its part or any of its employees, not accept responsibility for the death of such person or injury, damage or loss suffered by such a person in the process.
5.No camping permit shall be issued unless the prospective camper—
7.The occupier of a camping site must be the person whose name appears on the camping permit and he may not sublet, cede, dispose of, or in any way alienate his rights thereunder.
10.When a camper’s camping permit expires on account of efflux of time or withdrawal, such a camper shall—
12.No camper shall make his or her camp or picnic on a camping site other than that assigned to him or her by the caretaker or refuse to obey the reasonable instructions of such officer or to comply with the caretaker’s demands as to the manner of making such camp. The caretaker shall have absolute discretion in this regard as also with regard to the acceptability and sufficiency, or not, of any dwelling/sleeping accommodation, fencing, shelters, temporary structures, erections and the number and type of vehicle/s to be permitted on camping site.
13.Any camper may be instructed by the caretaker at any time to move his or her camp to another camping site if the caretaker considers such moving to be desirable in the public interest or for the sake of the safety of person and/or property or for purposes of executing urgent municipal works.
14.No camper shall—
15.No person shall in a camping area—
16.Organised dancing within the camping area shall not be permitted without written approval by the municipality.
17.The municipality may—
18. Camping on private land
19. PenaltiesAny person who contravenes any provision of this by-law or disregards or fails to comply with a lawful instruction from the caretaker shall be guilty of an offence and liable upon conviction to—
20. Repeal of by-lawsThe by-laws listed in the schedule hereto are hereby repealed to the extent indicated in the third column thereof.
21. Short title and commencementThis by-law shall be known as the By-law relating to Camping Areas and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.
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