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This is the latest version of this By-law.
Public Amenities 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]
Purpose of by-law• To promote the achievement of a safe and peaceful environment.• To provide for procedures, methods and practices to regulate the use and management of public amenities.
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:—"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;"notice" means an official notice displayed at every entrance to or at a conspicuous place at or on a public amenity and in which the municipality shall make known provisions and directions adopted by it in terms of this by-law;"public amenity" means—(a)any land, commonage, square, camping site, swimming bath, river, public resort, recreation site, nature reserve, zoological, botanical or other garden, park or hiking trail which is the property of the municipality, including any portion thereof and any facility or apparatus therein or thereon;(b)any building, structure, hall, room, or office including any part thereof and any facility or apparatus therein, which is the property of, or is possessed, controlled or leased by the municipality and to which the general public has access, whether on payment of admission fees or not;but excluding—(i)any public road or street;(ii)any public amenity contemplated in paragraphs (a) and (b), if it is lawfully controlled and managed in terms of an agreement by a person other than the municipality; and(iii)any public amenity hired from the municipality.
2. Maximum number of visitors
3. Admission to and sojourn in a public amenity
4. Entrance fees
5. NuisancesNo person shall perform or permit any of the following acts in or at a public amenity—(a)the use of language or the performance of any other act which disturbs the good order;(b)the firing of fire arms, airguns, airpistols, fireworks or the use of sling-shots or catapults without the municipality’s written consent;(c)the burning of rubble or refuse;(d)the causing of unpleasant or offensive smells;(e)the production of smoke nuisances;(f)the causing of disturbances by fighting, shouting, arguing, singing or the playing of musical instruments; or by the use of loudspeakers, radio reception devices, television sets, or similar equipment;(g)the begging for money, food, work or the offering of services;(h)in any other manner the causing of a nuisance, obstruction, disturbance or annoyance to the public;(i)the dumping, dropping or placing of any refuse, rubble, material or any object or thing or permitting it to be done, except in a container provided for that purpose in or at the amenity.
6. StructuresNo person shall without the written consent of the municipality having first been obtained, erect or establish in or on a public amenity any structure, shelter or anything similar, except the parking of a caravan or tent erected for camping purposes on a site specifically set aside therefor by means of a notice by the municipality.
7. Liquor and foodNo person shall, contrary to a provision of a notice, bring into a public amenity any alcoholic or any other liquor or any food of any nature whatsoever.
9. Use of public amenities
10. Safety and order
11. WaterNo person may misuse, pollute or contaminate any water source or water supply or waste water in or at any public amenity.
12. Laundry and crockeryNo person may in or at a public amenity wash any crockery or laundry or hang out clothes, except at places indicated by notice by the municipality for that purpose.
14. GamesNo game of any nature whatsoever shall be played or conducted in or on a public amenity by any person or persons except at places set aside for that purpose by notice and in accordance with the directions of the municipality and which is made known by way of notice.
15. PenaltiesAny person who contravenes or fails to comply with a provision of this by-law, a notice issued in terms of this by-law or a condition imposed under this by-law, irrespective of whether such contravention or failure has been declared as an offence elsewhere in this by-law, shall be guilty of an offence and liable upon conviction to—
16. Repeal of by-lawsThe by-laws listed in the schedule hereto are hereby repealed to the extent indicated in the third column thereof.
17. Short title and commencementThis by-law shall be known as the by-law relating to Public Amenities and shall come into operation on the date of publication thereof in the Provincial Gazzette.
- Entire By-law
- 1. Definitions
- 2. Maximum number of visitors
- 3. Admission to and sojourn in a public amenity
- 4. Entrance fees
- 5. Nuisances
- 6. Structures
- 7. Liquor and food
- 8. Animals
- 9. Use of public amenities
- 10. Safety and order
- 11. Water
- 12. Laundry and crockery
- 13. Vehicles
- 14. Games
- 15. Penalties
- 16. Repeal of by-laws
- 17. Short title and commencement
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.