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Informal Trade 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 9 April 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, any word or expression to which a meaning has been assigned in the Businesses Act, 1991 (Act 71 of 1991) shall have that meaning, and—"goods" means any wares, articles, receptacles, vehicles or structures;"municipal service" means a service that a municipality in terms of its powers and functions provides or may provide to or for the benefit of the local community irrespective of whether—(a)such a service is provided, or to be provided, by the municipality through an internal mechanism contemplated in section 76 or by engaging an external mechanism contemplated in section 76; and(b)fees, charges or tariffs are levied in respect of such a service or not;"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;"nuisance" means any conduct which brings about or may bring about a state of affairs or condition which constitutes a source of danger to a person or the property of others or which materially interferes with the ordinary comfort, convenience, peace or quiet of other people;"officer" means—(a)a traffic officer appointed under section 3A of the National Road Traffic Act, 1996 (Act 93 of 1996);(b)a member of the Force as defined in section 1(1) of the Police Act, 1958 (Act 7 of 1958);(c)a peace officer contemplated in section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977);"person carrying on the business of street vendor, pedlar or hawker" includes any employee of such person;"public road" means any road, street, thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or a section thereof or to which the public or any section thereof has a right of access and includes—(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry, or drift traversed by any such road, street or thoroughfare, and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"sidewalk" means that portion of a verge intended for the exclusive use of pedestrians;"the Act" means the Businesses Act, 1991 (Act 71 of 1991);"verge" means that portion of the road, street or thoroughfare which is not the roadway.
2. Prohibition of and restriction on the carrying on of businessNo person shall carry on the business of street vendor, pedlar or hawker—(a)in a garden or park under the control of the municipality and to which the public has a right of access unless such area has been set apart and demarcated by the municipality for the purpose in terms of section 6A(3)(b) of the Act;(b)on a verge contiguous to—(i)a building belonging to, or occupied solely by, the State or the municipality;(ii)a church or other place of worship; or(iii)a building declared to be a national heritage site in terms of the National Heritage Resources Act, 1999 (Act 25 of 1999);(c)in an area declared by the municipality in terms of section 6A(2)(a) of the Act as a place where the carrying on of the business of street vendor, pedlar or hawker is—(i)prohibited, or(ii)contrary to any restriction imposed by the municipality in terms of that section in respect of such area;(d)at a place where—(i)it obstructs access to a fire hydrant;(ii)it obstructs access to any entrance to or exit from a building;(iii)it prevents pedestrians from using, or substantially obstructs them in their use of a sidewalk;(iv)it causes an obstruction on a roadway;(v)it limits access to parking or loading bays or other facilities for vehicular traffic;(e)on that half of a public road contiguous to a building used for residential purposes if the owner, occupier or person in control of the building objects thereto;(f)at a place where—(i)it obstructs access to street furniture, bus passenger benches or shelters, queuing lines, refuse disposal bins or other facilities intended for the use of general public;(ii)it obstructs the visibility of a display window in business premises, if the person carrying on business in the business premises concerned objects thereto;(iii)it obstructs access to a pedestrian crossing;(iv)it obstructs access to any vehicle;(v)it obstructs any road traffic sign or any marking, notice or sign displayed in terms of this by-law; or(vi)it interferes in any way with any vehicle that may be parked alongside such place.
3. GeneralNo person carrying on the business of street vendor, pedlar or hawker shall at any time—(a)in any way obstruct access to any municipal service;(b)at any public road or public place—(i)stay overnight at the place of such business, or(ii)erect any structure (other than a device which operates in the same manner as, and is shaped like an umbrella) for the purpose of providing shelter’without the written approval of the municipality;(c)carry on such business in a manner which—(i)creates a nuisance to other people;(ii)damages or defaces the surface of any public road or public place or other municipality property; or(iii)creates a traffic hazard;(d)attach any object by any means to any building, structure, pavement, tree, parking meter, lamp-pole, electricity pole, telephone booth, post box, traffic sign, bench or any other street furniture in or on a public road or public place;(e)make a fire at a place or in circumstances where it could harm any person or damage a building or vehicle or any street furniture referred to in subsection (d);(f)fail or refuse to move or remove any goods, after having been requested to do so by the supplier of a telecommunication service who requires access to such service, orby an authorised employee or agent ofthe municipality or an officer respectively acting in terms of section 4 or 5 of this by-law.
4. Cleanliness of place of businessNo person carrying on the business of street vendor, pedlar or hawker shall —(a)accumulate, dump, store or deposit or cause or permit to be accumulated, dumped, stored or deposited any refuse, scrap or waste material on any land or premises, in any manhole, storm water drain or on any public road or public place, other than in a refuse receptacle approved by the municipality;(b)keep the area or site occupied by him or her for the purpose of such business in an unclean and/or unsanitary condition;(c)keep his or her goods in an unclean and/or unsanitary condition;(d)unless written approval, exempting him or her from the provisions of this paragraph has been given by the municipality, fail or remove daily from any public road or public place at the conclusion of trading all waste, packaging material, stock and equipment of whatsoever nature which are utilised in connection with such business;(e)carry on his business in such a manner as to be a danger or threat to public health or public safety; and(f)at the request of an officer or a duty authorised employee of the Municipality, fail to move or remove anything so that the area or site may be cleaned.
5. Removal and impoundment
6. Disposal of impounded goods
7. Demarcated stand or areasIf the municipality has set apart and demarcated any stand or area for the purposes of the carrying on of the business of street vendor, pedlar or hawker as contemplated in section 6A(3)(b) of the Act, no person may trade on such stand or area unless he is in possession of proof that he has hired such stand or area from the municipality or that it has otherwise been allocated to him.
8. Carrying and exhibiting of written approvalAny person carrying on the business of street vendor, pedlar or hawker shall carry on his or her person any written approval granted or issued to him or her by the municipality in terms of sections 2, 3, 4 or 6 of this by-law and must on request by an officer exhibit such approval.
9. Signs indicating restricted or prohibited areasThe municipality may design or make and display signs, markings or other devices indicating restricted or prohibited areas.
10. ChargesThe municipality may fix the charges payable to it for the letting of stands or stalls in demarcated areas under its control from where the carrying on of business of street vendor, pedlar of hawker is permissible.
11. Offences and penaltiesAny person who—(a)contravenes any provision of this by-law or fails to comply with any condition imposed in terms thereof;(b)threatens, resists, interferes with or obstructs any officer or any employee of the Municipality in the performance of his or her duties or functions in terms of or under this by-law; or(c)deliberately furnishes false or misleading information to an officer or an employee of the Municipality;shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three (3) months.
12. Repeal of by-lawsThe by-laws listed in Annexure A are hereby repealed to the extent indicated in column three thereof.
13. Short title and commencementThis by-law shall be known as the By-law relating to Informal Trade and comes into operation on the date of publication therof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Prohibition of and restriction on the carrying on of business
- 3. General
- 4. Cleanliness of place of business
- 5. Removal and impoundment
- 6. Disposal of impounded goods
- 7. Demarcated stand or areas
- 8. Carrying and exhibiting of written approval
- 9. Signs indicating restricted or prohibited areas
- 10. Charges
- 11. Offences and penalties
- 12. Repeal of by-laws
- 13. Short title and commencement
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.