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RepealedThis By-law was repealed on 29 May 2020 by Integrated Waste Management.
This is the version of this By-law as it was when it was repealed.
Refuse Removal 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]
- [Repealed by Integrated Waste Management on 29 May 2020]
Purpose of by-law• To promote the achievement of a safe and healthy environment for the benefit of the residents in the area of jurisdiction of the municipality.• To provide for procedures, methods and practices to regulate the dumping of refuse and the removal thereof.
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:—"charges" means the tariff for the removal of refuse, whether one, two or three removals per week;"collection point" means a point provided by the managing body in collaboration with the municipality, on the sidewalk adjacent to or near the group development premises from which refuse has to be removed;"dumping site" means an area where dumping is allowed as determined and designated by the municipality;"group development" means a high-density residential development with common property or facilities and which is managed by a home owners association, body corporate or other managing body;"managing body" means a body or person responsible for the management of a group development and includes a home owners association or a body corporate;"municipality" means the Municipality of Drakenstein established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Acttll7 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 subdelegated to such political structure, political office-bearer, councillor, agent or employee;"owner" also means lessee, occupier, resident or any person who obtains a benefit from the premises or is entitled thereto and also includes any insolvent estate, executor, administrator, trustee, liquidator judicial manager;"permit" also means to allow intentionally, negligently or in any other manner whatsoever;"premises" means any land, whether vacant, occupied or with buildings thereon, forming part of a piece of land laid out as a township, irrespective of being proclaimed as a township;"refuse" includes—(a)"business refuse" which means any matter or substance arising out of the use of business premises but does not include waste, hazardous waste, material, domestic refuse or garden refuse;(b)"domestic refuse" which means any fruit or vegetable peels, fruit or vegetable waste, general domestic waste as well as garden refuse which is of such size that it may be deposited in a refuse bin or any other matter which in the opinion of the municipality constitutes refuse;(c)"garden refuse" which means refuse originating from a gardening activity such as grass cutting, leaves, plants flowers or similar refuse of such size that it can be placed in a refuse bin;(d)"hazardous waste" which means any waste, matter or substance which may be hazardous or harmful to the environment and residents or which may pollute the environment including medical waste, asbestos, motor oils or lubricants, or any other waste, matter or substance which in the opinion of the municipality constitutes hazardous waste;(e)"materials" which means any stone, rock, sand, building materials or building rubble or any other type of composite or artificial materials such as plastic pipes and similar materials as well as materials which are utilised in the erection of buildings or structures or any other materials which in the opinion of the municipality constitute materials;(f)"waste" which means any matter or substance which cannot be classified as hazardous waste, refuse or materials such as parts of cars, spare parts, motor oils or lubricants or oils and similar substances, materials, liquids, etc;"refuse bin" means a mobile container with a capacity as determined by the municipality;"removal day" means the day fixed by the municipality for the removal of refuse and depending on the case may be one, two or three removals, per week;"residential premises" mean premises which are zoned for residential purposes in terms of the zoning scheme;"services account" means the official account rendered by the municipality to the owner of premises.
2. Compulsory use of service
3. Refuse bins
5. Utilisation of refuse bin(s)
6. Prohibition on accumulation and dumping
7. PavementsIt shall be the duty of every licensee or occupant of a shop or trade premises to ensure that the pavement in front of or abutting the premises is kept clean and free of refuse or material originating from such premises or resulting from the delivery of good to such premises.
8. EnforcementWhere any object or thing of whatever description which is not defined in the definitions constitutes refuse, is unsightly or is likely to create an obstruction, a hazard or a nuisance is accumulated, dumped, stored or deposited on or in any land, place, premises or refuse bin(s) or in any street or public place, except where allowed in terms of this by-law, the municipality may serve a written notice on—(a)the person who is directly or indirectly responsible for such accumulation, dumping, storing or depositing; and/or(b)the owner of such waste, hazardous waste, refuse, materials, object or thing, whether or not he is responsible for such accumulation, dumping, storing or depositing; and/or(c)the owner of such land or premises, whether or not he is responsible for such accumulation, dumping, storing or depositing;in which such a person or owner, as the case may be, shall be required to do away with, destroy or remove such refuse, hazardous waste, materials, waste, object or thing to the satisfaction of the municipality on or before a date determined in such notice and failing to comply with such a notice, such owner shall be guilty ofan offence and the municipality may dispose, destroy or remove such waste at the expense of any one or more persons or owners referred to in (a), (b) and (c) of this section.
9. Substances in refuse binNo one shall deposit any article or substance, except waste, in a refuse bin for removal.
10. Charges(a)The municipality shall fix the charges payable to it for the removal or disposal of waste and dumping or depositing of waste at the dumping site.(b)The charges as fixed by the municipality shall be due and payable by the occupier who is supplied with the refuse removal service or failing which by the owner of the premises.(c)The charges due shall be payable and recoverable in terms of the credit control and debt collection policy and by-law adopted by the municipality.
11. Offences and penaltiesAny person who contravenes any provisions of this by-law or fails or refuses to comply with any order or notice issued by the municipality in accordance with this by-law shall be guilty of an offence and on conviction be liable to—(1)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment; and(2)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued; and(3)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
12. Repeal of by-lawsThe by-laws listed in the schedule hereto are hereby repealed to the extent indicated in the third column thereof.
13. Short title and commencementThis by-law shall be known as the By-law relating to Refuse Removal and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Compulsory use of service
- 3. Refuse bins
- 4. Removal
- 5. Utilisation of refuse bin(s)
- 6. Prohibition on accumulation and dumping
- 7. Pavements
- 8. Enforcement
- 9. Substances in refuse bin
- 10. Charges
- 11. Offences and penalties
- 12. Repeal of by-laws
- 13. Short title and commencement