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Drakenstein
South Africa
South Africa
Streets 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. Definitions
In 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 streets
No person shall—(a)make, construct, reconstruct, or alter a street or sidewalk—(i)except with the written permission of the municipality, or(ii)otherwise than in accordance with the requirements prescribed by the municipality, or(b)construct a veranda, stoep, steps or other projection or erect a post in a street or public place except with the written permission of the municipality.3. Advertisements visible from streets
4. Animals or objects causing an obstruction
No person shall—(a)deposit or leave any goods or articles in a street or public place, or in an area designated therefore, other than for a reasonable period during the course of the loading, off-loading or removal thereof, or(b)in any way obstruct the pedestrian traffic on a sidewalk by bringing or allowing to be brought thereon any animal, object or vehicle (other than a perambulator or wheelchair which is being used for the conveyance of children or the disabled), or(c)cause or allow any blind, awning, cord or other object to project or to be stretched over or onto a street—(i)except with the written permission of the municipality, and(ii)subject to such conditions as may be determined by the municipality.5. Trees in streets
6. Trees or growth causing an interference or obstruction
7. Refuse, motor vehicle wrecks, waste material, etc.
No person shall—(a)dump, leave or accumulate any garden refuse, motor vehicle wrecks, spare parts of vehicles, building or waste materials, rubbish or any other waste products in any street or public place, or(b)permit any such objects or substances to be dumped or placed in a street orpublic place from premises owned or occupied by him,except with the written permission of the municipality and subject to such conditions as may be determined by the municipality.8. Prohibition upon certain activities in connection with objects in streets and public places
No person shall, in a street or public place—(a)effect any repairs or service to a vehicle, except where necessary for the purpose of removing such vehicle from the place where it was involved in an accident, or(b)clean or wash a vehicle.9. Prohibition upon games and other acts in streets and public places
No person shall—(a)roll a hoop, fly a kite, shoot with a bow and arrow or catapult, discharge fireworks or throw a stone, stick or other projectile in, onto or across a street or public place, or(b)do anything in a street or public place which may endanger the life or safety of any person, animal or thing or may be a nuisance, obstruction or annoyance to the public unless such street or public place is provided with clear signs and identifiable paving and furniture which distinguishes it as "residential erf" or "street park".10. Use of explosives
No person shall in or upon a street or public place use explosives or undertake blasting operations—(a)except with the written permission of the municipality, and(b)subject to such conditions as may be determined by the municipality.11. Conveyance of animal carcasses or other waste products through streets and public places
No 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—(a)unless it is properly covered, and(b)unless it is conveyed in such type of container as will not allow any offensive liquids or parts of the load to be spilt in the street or public place.12. Fences on street boundaries
No 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 places
No 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 verandas
No person shall, except with the written permission of the municipality-(a)use a balcony or veranda erected beyond the boundary line of a street or public place for purposes of trading or the storage of goods, or for the washing or drying of clothes thereon, or(b)enclose or partition a balcony or veranda erected beyond the boundary line of a street or public place or portion thereof as a living or bedroom.15. Drying of washing on fences on boundaries of streets and public places
No 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 boards
No 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 streets
No 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—(a)except with the written permission of the municipality; and(b)subject to the requirements prescribed by the municipality.21. Poison in streets or public places
No 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.22. Processions
23. Roller-skating and skating on skateboards
No 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 clad
No 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 places
No 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 places
No person shall—(a)cause a nuisance to other persons by loitering, standing, sitting or lying or begging;(b)sleep, overnight or erect any shelter;(c)wash or dry clothes, blankets or any other domestic articles;(d)use abusive, insulting, obscene, threatening or blasphemous language;(e)fight or act in a riotous manner;(f)discharge a firearm, airgun or air pistol;(g)annoy or inconvenience any other person by yelling, shouting or making any noise in any manner whatsoever;(h)defecate, urinate or wash himself;(i)solicit or importune any person for the purpose of prostitution or immorality;(j)engage in gambling;(k)use intoxicating liquor or drugs;(l)spit;in a street or public place.27. Animals in a street or public place
No owner or person—(a)in charge of any wild or ferocious animal, monkey or homed cattle shall allow such animals at any time to be insufficiently attended or at large in any street or public place or shall keep any such animal in such a manner as to be a danger or annoyance to the public; or(b)shall allow, permit or cause any animal to graze or stray in or about any street or public place.28. Display of street number of places
29. Bridges and crossings over gutters and sidewalks
No 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—(a)except with the written permission of the municipality; and(b)subject to the requirements prescribed by the municipality.30. Control of amusement shows and devices
31. Control of animal-drawn vehicles
No person shall—(a)simultaneously drive or be in control of more than one animal-drawn vehicle in a street or public place;(b)drive or be in control of an animal-drawn vehicle in a street or public place if he is under 16 years of age;(c)if he is in control of an animal-drawn vehicle in a street, allow a person under 16 years of age to drive or be in control of such vehicle;(d)outspan or allowed to be outspanned any vehicle drawn by animals in a street or public place.32. Vehicles to be attended
No 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 attendants
No 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 places
No person shall, without the approval of the municipality, close or barricade any street or public place or restrict access thereto.36.
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 places
The municipality may in its area—(a)make, construct, reconstruct, alter and maintain streets and public places;(b)name and rename streets and public places;(c)allocate and reallocate numbers to properties abutting on streets and public places.39. Declaration of streets and public places
40. Penalty
Any 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-laws
The by-laws listed in the schedule hereto are hereby repealed to the extent indicated in the third column thereof.42. Short title and commencement
This 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.- Entire By-law
- Preface
- 1. Definitions
- 2. Streets, sidewalks and encroachments on streets
- 3. Advertisements visible from streets
- 4. Animals or objects causing an obstruction
- 5. Trees in streets
- 6. Trees or growth causing an interference or obstruction
- 7. Refuse, motor vehicle wrecks, waste material, etc.
- 8. Prohibition upon certain activities in connection with objects in streets and public places
- 9. Prohibition upon games and other acts in streets and public places
- 10. Use of explosives
- 11. Conveyance of animal carcasses or other waste products through streets and public places
- 12. Fences on street boundaries
- 13. Building materials in streets and public places
- 14. Balconies and verandas
- 15. Drying of washing on fences on boundaries of streets and public places
- 16. Parking of heavy vehicles and caravans
- 17. Protection of street surface and public places
- 18. Damaging of notice boards
- 19. Street, door-to-door collections and distribution of handbills
- 20. Excavations in streets
- 21. Poison in streets or public places
- 22. Processions
- 23. Roller-skating and skating on skateboards
- 24. Persons to be decently clad
- 25. Overflow of water into streets and public places
- 26. Behaviour in streets and public places
- 27. Animals in a street or public place
- 28. Display of street number of places
- 29. Bridges and crossings over gutters and sidewalks
- 30. Control of amusement shows and devices
- 31. Control of animal-drawn vehicles
- 32. Vehicles to be attended
- 33. Informal parking attendants
- 34. Municipality may act and recover costs
- 35. Closure of streets and public places
- Section 36.
- 37. Council or a committee or person who has delegated powers to decide upon it.
- 38. Construction, maintenance and naming of streets and public places
- 39. Declaration of streets and public places
- 40. Penalty
- 41. Repeal of by-laws
- 42. Short title and commencement
History of this By-law
-
16 March 2007 this version
Published in Western Cape Provincial Gazette no. 6426By-law commences.
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