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This is the latest version of this By-law.
Streets 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 23 September 2022.]
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—"animals" mean any horses, mules, donkeys, cattle, pigs, sheep, goats, ostriches, indigenous mammals and other wild animals;"caravan" means any vehicle permanently fitted out for use by persons for living and sleeping purposes, whether or not such vehicle is a trailer;"council" means the municipal council of Drakenstein;"informal parking attendant" means a person who is in possession of a permit issued by the municipality and who assists with the pointing out of parking or supervising over vehicles in a street, parking area or public place;"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;"municipal area" means the area of jurisdiction of Drakenstein Municipality as determined in terms of the Municipal Demarcation Act, 1998;"municipal manager" means a person appointed in terms of section 82 of the Municipal Structures Act, 1998;"motor vehicle" means any self-propelled vehicle and includes—(a)a trailer, and(b)a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not include—(i)any vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or(ii)any vehicle with a mass not exceeding 230 kilograms and specially designed and constructed, and not merely adapted, for the use of any person suffering from some physical defect or disability and used solely by such person;"park" means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle;"parking area" means any land provided by the municipality for the parking of vehicles;"public place" means any square, park, recreation ground, sports ground, sanitary lane or open space which has—(a)in connection with any subdivision or layout of land into erven, been provided, reserved or set apart for use by the public or the owners or occupiers of such erven, whether or not it is shown on a general plan, plan of subdivision or diagram;(b)at any time been dedicated to the public;(c)been used by the public without interruption for a period of at least 30 years; or(d)at any time been declared or rendered such by the municipality or other competent authority;"semi-trailer" means a trailer having no front axle and so designed that at least 15% of its tare is super-imposed on and borne by a vehicle drawing such trailer;"sidewalk" means that portion of a street between the outer boundary of the roadway of a road and the boundary lines of adjacent properties or buildings which is intended for the use of pedestrians;"street" means any street, road, cycle path, thoroughfare or any other place, including—(a)the verge of any such road, street or thoroughfare;(b)any footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other object belonging to such road, street or thoroughfare, which has at any time been—(i)dedicated to the public;(ii)used without interruption by the public for a period of at least 30 years;(iii)declared or rendered such by the municipality or other competent authority, or(iv)constructed by a local authority, and(v)any land, with or without buildings or structures thereon, which is shown as a street on—(aa)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or(bb)any general plan as defined in the Land Survey Act, 1927, registered or filed in a deeds registry or Surveyor-General’s office;unless such land is on such plan or diagram described as a private street;"tare", in relation to a motor vehicle, means the mass of such a vehicle ready to travel on a road and includes the mass of—(a)any spare wheel and of all other accessories and equipment supplied by the manufacturer as standard for the particular model of motor vehicle concerned;(b)anything which is a permanent part of the structure of such vehicle;(c)anything attached to such vehicle so as to form a structural alteration of a permanent structure; and(d)the accumulators, if such vehicle is self-propelled by electrical power, but does not include the mass of—(i)fuel, and(ii)anything attached to such vehicle which is not of the nature referred to in subsection (a) or (b);"trailer" means a vehicle which is not self-propelled and designed or adapted to be drawn by a motor vehicle, but does not include a side-car fitted to a motor cycle;"vehicle" means a device designed or adapted mainly to travel on wheels, tyres or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails;"work" means work of any nature whatsoever undertaken on any land within the area of jurisdiction of Drakenstein Municipality and, without in any way limiting the ordinary meaning of the word, includes the erection of a new building or alterations or additions to any existing building, the laying of cables and pipes, the dumping of building or other material anywhere in a street or public place, or delivery to or removal from any site of any soil or material of any nature whatsoever.
2. Streets, sidewalks and encroachments on streetsNo person shall—
3. Advertisements visible from streets
4. Animals or objects causing an obstructionNo person shall—
5. Trees in streets
6. Trees or growth causing an interference or obstruction
7. Refuse, motor vehicle wrecks, waste material, etc.No person shall—
8. Prohibition upon certain activities in connection with objects in streets and public placesNo person shall, in a street or public place—
9. Prohibition upon games and other acts in streets and public placesNo person shall—
10. Use of explosivesNo person shall in or upon a street or public place use explosives or undertake blasting operations—
11. Conveyance of animal carcasses or other waste products through streets and public placesNo person shall carry or convey through a street or public place the carcase of an animal or any garbage, night soil, refuse, litter, rubbish, manure, gravel or sand—
12. Fences on street boundariesNo person shall erect a barbed-wire, razor wire, electrified fence or other dangerous fence on the boundary of a street or public place except with the written permission of the municipality.
13. Building materials in streets and public placesNo person shall bore or cut stone or bricks, slake or sift lime, or mix building materials, or store or place building materials or any other materials in a street or public place except with the written permission of the municipality, and subject to the requirements prescribed by the municipality.
14. Balconies and verandasNo person shall, except with the written permission of the municipality-
15. Drying of washing on fences on boundaries of streets and public placesNo person shall dry or spread washing on a fence on the boundary of a street or public place.
16. Parking of heavy vehicles and caravans
17. Protection of street surface and public places
18. Damaging of notice boardsNo person shall deface, damage or in any way interfere with any notice board, road traffic sign, street name board or other similar sign or any hoarding which has been erected in a street or public place by or with the permission of the municipality.
19. Street, door-to-door collections and distribution of handbills
20. Excavations in streetsNo person shall make or cause to be made an excavation or dig or cause to be dug a pit, trench or hole in a street or public place—
21. Poison in streets or public placesNo person other than an official of the municipality or an authorised person who administers legally approved weedkillers or poisons, shall use, set or cast poison in any street or public place.
23. Roller-skating and skating on skateboardsNo person shall, except with the prior written permission of the municipality, skate on roller-skates or a skateboard or a similar device in or on a street or public place or in or upon an area where skating is prohibited by an applicable road traffic sign.
24. Persons to be decently cladNo person shall appear in any street or public place without being clothed in such a manner as decency demands.
25. Overflow of water into streets and public placesNo person shall cause or allow any water other than rain water to flow into a street or public place.
26. Behaviour in streets and public placesNo person shall—
27. Animals in a street or public placeNo owner or person—
28. Display of street number of places
29. Bridges and crossings over gutters and sidewalksNo private crossing, pathway, bridge or culvert shall be made or built to or in front of any dwelling or other premises in any street or pubhc place—
30. Control of amusement shows and devices
31. Control of animal-drawn vehiclesNo person shall—
32. Vehicles to be attendedNo person shall, in a street or public place, sleep in a vehicle other than a motor vehicle parked in a taxi rank or on some other stand duly allocated by the municipality.
33. Informal parking attendantsNo person shall act as an informal parking attendant in a street, parking area or public place without the written permission of the municipality and subject to such conditions as the municipality may impose.
34. Municipality may act and recover costs
35. Closure of streets and public placesNo person shall, without the approval of the municipality, close or barricade any street or public place or restrict access thereto.
37. Council or a committee or person who has delegated powers to decide upon it.The municipality may, without complying with the provisions of section 36—
38. Construction, maintenance and naming of streets and public placesThe municipality may in its area—
39. Declaration of streets and public places
40. PenaltyAny 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—
41. Repeal of by-lawsThe by-laws listed in the schedule hereto are hereby repealed to the extent indicated in the third column thereof.
42. Short title and commencementThis by-law shall be known as the By-law relating to Streets and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.