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This is the latest version of this By-law.
Child Care Facilities By-law, 2007
- Published in Western Cape Provincial Gazette no. 6426 on 16 March 2007
- Commenced on 16 March 2007
- [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 Afrikaans text shall prevail in the event of an inconsistency between the different texts; and, unless the context otherwise indicates:—"child care facility" means any building or premises maintained or used, whether for profit or otherwise, for the temporary or partial care or supervision of children under 18 years of age separate from their parents, but does not include any boarding school, school hostel or any establishment which is maintained or used mainly for the tuition or training of children and which is controlled by or which has been registered or approved by the State;"municipality" means the Municipality of Drakenstein established in terms of Section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), Provincial Notice 488 dated 22 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;"public nuisance" means—(a)any act, omission or condition which is offensive, or which materially interferes with the ordinary comfort, convenience, peace or quiet of the public or which adversely effects the safety of the public; and(b)any condition on premises including any building, structure or vegetation thereupon which in the opinion of the municipality endangers the safety of any person or property, or which is unsightly, disturbing, offensive or interferes with the ordinary comfort, convenience, peace or quiet of the public or the residents of properties in the vicinity of such premises.
3.Any person contravening any provision of this part shall be guilty of an offence.
4. Right of entry and inspection
5. Service of documents and process
6. PenaltiesAny person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to—
7. Repeal of by-lawsThe by-law relating to Creches published by the disestablished municipality of Wellington under PN 458/1983 is hereby repealed.
8. Short title and commencementThis by-law shall be known as the By-law Relating to Child Care Facilities and shall come into operation on the date of publication in the Provincial Gazette.
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.