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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
- [This is the version of this document from 16 March 2007 and includes any amendments published up to 17 March 2023.]
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—
3. GeneralNo person carrying on the business of street vendor, pedlar or hawker shall at any time—
4. Cleanliness of place of businessNo person carrying on the business of street vendor, pedlar or hawker shall —
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—
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.
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.
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