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Use of Remotely Piloted Aircraft and Model Aircraft in Public Open Spaces and Streets By-law, 2020
- Published in Western Cape Provincial Gazette no. 8207 on 14 February 2020
- Commenced on 14 February 2020
- [Up to date as at 28 May 2021]
1. DefinitionsIn this by-law, unless inconsistent with the context-"authorised official" means an employee of the municipality or any other person who is appointed or authorised thereto by the municipality to perform any act, function or duty related to the provisions of this by-law, or exercise any power in terms of this by-law;"municipality" means the Municipality of Drakenstein established in terms of Section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), 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 jurisdictional area of Drakenstein municipality;"municipal services infrastructure" means infrastructure provided by the municipality for the purposes of service delivery to its residents in terms of section 156 of the Constitution of the Republic of south Africa, 1996 and section 84 of the Municipal Structures Act, 1998 (Act 117 of 1998), including, but not limited to-(a)water supply systems:(b)electricity supply systems;(c)waste water disposal systems; and(d)solid waste disposal sites."model aircraft" means a heavier-than-air aircraft of limited dimensions, with or without a propulsion device, unable to carry a human being and to be used for competition, sport or recreational purposes rather than unmanned aeronautical vehicles (UAV) developed for commercial or governmental, scientific, research or military purposes, and not exceeding the specifications as set by the Federation Aeronautique Internationale as more fully described in the Schedule hereto;"public place" means any land, square, building, park, recreation ground, square, camping area, caravan park, public parking area, sports grounds, open space, public resort, recreation site, river, dam, the Paarl Mountain Nature Reserve, zoo-logical, botanical or other garden, or hiking trail, including any portion thereof 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 a public road or street;"Regulations" means the Civil Aviation Regulations GN R425 of 2012, promulgated under the Civil Aviation Act, 2009, (Act 13 of 2009);"remotely piloted aircraft" means an unmanned aircraft, hereinafter referred to as RPA, which is operated from a remote pilot station, excluding model aircraft as defined in this section;"street" means any street, public road, public parking area, 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 thirty 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;
2. Purpose of by-lawThe municipality has a duty to promote a safe and healthy environment for all its residents and to protect municipal services infrastructure for the purpose of service delivery to such residents. The municipality therefor adopts this by-law to regulate and manage the operation of RPA's and model aircraft in all public places and streets in the municipal area and to regulate behaviour that endangers or is likely to endanger municipal services infrastructure.
3. Prohihition on the use of RPA's and model aircraft
4. Exceptional circumstances in which the operation of RPA may be allowed in puhlic places or streets
5. Powers and functions of authorised officialAn authorised official may-(a)investigate any act or omission which on reasonable suspicion may constitute an offence in terms of this by-law;(b)if he or she is a Peace Officer, in accordance with section 334(1) of the Criminal Procedures Act, 1977, search a person for and seize anything-(i)which is used in, or is on reasonable grounds believed to be used in a contravention or failure to comply with any provision of this by-law;(ii)which may afford evidence of such contravention or failure; or(iii)which is intended to be used or on reasonable grounds believed to be intended to be used in such contravention or failure.
6. Offences and penalties
7. AppealA person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.
8. Short title and commencementThis by-law shall be known as the Drakenstein Municipality By-law Relating to the Use of Remotely Piloted Aircraft and Model Aircraft in Public Open Spaces and Streets and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law
- 3. Prohihition on the use of RPA's and model aircraft
- 4. Exceptional circumstances in which the operation of RPA may be allowed in puhlic places or streets
- 5. Powers and functions of authorised official
- 6. Offences and penalties
- 7. Appeal
- 8. Short title and commencement
History of this By-law
14 February 2020 this versionPublished in Western Cape Provincial Gazette no. 8207By-law commences.
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