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Supervision and Control of the Carrying on of the Business of Street Vendor, Pedlar or Hawker By-law, 2003
- Published in Western Cape Provincial Gazette no. 6025 on 30 May 2003
- Commenced on 30 May 2003
- [This is the version of this document from 30 May 2003 and includes any amendments published up to 17 March 2023.]
1. DescriptionUnless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Business Act, 1991 (Act of 1991) shall when used in this by-law, have the meaning thus assigned, and—"council" means the Council of Kannaland Municipality and includes any committee or employee of the council exercising power or performing duties or functions delegated to that committee or employee by the council;"goods" means any receptacles, vehicles or movable structure used for the storage or transport of goods;"local authority service" means any system conducted by or on behalf of a local authority for the collection, conveyance, treatment or disposal of refuse sewage or stormwater or for the manufacture, generation, impounding storage, purification, distribution, conduction, transmission, conveyance, provision or supply of water, gas or electricity;"local authority service works" means all works of whatsoever nature necessary or desirable for or incidental, supplementary or ancillary to any local authority service and includes any immovable property, lake, spring, natural watercourse, machinery, plant or other thing of whatsoever nature used for or in connection with any such works or service;"nuisance" means any conduct which brings about or may bring about a state of affairs or condition which constitutes a source of danger to a person or the property of a person or which materially interferes with the ordinary comfort, convenience, peace or quiet of a person;"officer" means—a traffic officer appointed under section 3 of the Road Traffic Act, 1989 (Act 29 of 1989);a member of the Force as defined in section 1(1) of the Police Act, 1958 (Act 7 of 1958);a peace officer contemplated in section 334 of the Criminal Procedure Act, (Act 51 of 1977);an environmental health officer in the service of the council; oran official of the council authorised to implement the provisions of this by-law;"public road" means any road, street, thoroughfare or place (whether a thoroughfare or not) which is commonly used by the public or to which the public has a right of access and includes—
2.For the purpose of the provisions of this by-law a person carrying on the business of street vendor, pedlar or hawker includes any employee of any such person.
3. Prohibitions of a restriction on the carrying on the businessA person shall not carry on the business of street vendor, pedlar or hawker—
4. GeneralA person carrying on the business of street vendor, pedlar or hawker shall not—
5. Cleanliness of place of business and protection of public healthA person carrying on the business of street vendor, pedlar or hawker shall—
6. Removal and impoundmentAn officer may remove and impound any goods—
7. Demarcated stands or areasIf the council has set apart and demarcated any stand or area for the purpose of the carrying on of the business of street vendor, pedlar or hawker as contemplated in section 6A(3)(b) of the Act, no person may trade on such stand or in such area unless he or she has leased such stand or area from the council or that it has otherwise been allocated to him or her.
8. Carrying and display of written approvalA person carrying on the business of street vendor, pedlar or hawker shall whenever such person is carrying on such business, carry on his or her person any written approval granted or issued to that person by the council in terms of this by-law and shall on demand show such written approval to an officer or a duty authorised employee of the council.
9. ChargesThe council shall fix the charge payable to it for the letting of stands or stalls in demarcated areas under it’s control from where the carrying on of the business of street vendor, pedlar or hawker is permissible.
10. AppealsA person who feels aggrieved by a decision of the Council may appeal against the decision to an Appeal Committee in accordance with the provisions set out herein.A person who feels aggrieved by a decision of the Council shall, within 10 days of having received notification of the council’s decision, notify the council and the chairperson of the Appeal Committee of an intention to appeal against the decision in writing.
11. Constitution of Appeal CommitteeThe Provincial Minister responsible for Business Promotion and Tourism may, with the concurrence of the council, designate as members of the Appeal Committee representatives of the street vendors, pedlars and hawkers and any other interested persons.The Appeal Committee shall consist of a maximum of six members but at least two members shall be representatives referred to in subsection 1.The members of the Appeal Committee shall appoint one member to act as chairperson.If the chairperson is of the opinion that a particular person is able to assist the Appeal Committee, that person may be co-opted to the Appeal Committee.A person so co-opted shall not be entitled to vote at a meeting of the Appeal Committee.The chairperson shall, within 10 days of the receipt of the notice of appeal, notify the aggrieved person of the date, time and place of the meeting of the Appeal Committee at which that person’s presence is required.The aggrieved person who has received notice in terms of subsection (6) shall personally appear at the meeting and may appoint a legal representative or any other person to appear on the aggrieved person’s behalf.
12. Procedure at Appeal MeetingsThe chairperson shall determine the procedure at the meeting.All members shall be present at the meeting of the Appeal Committee.Any person present at the meeting may—be called upon by the chairperson to give evidence;be called upon by the chairperson to produce to the Appeal Committee a document or other property which is in that person’s possession or under that person’s control, orbe questioned by theAppeal Committee on the matter before it.A decision of the Appeal Committee shall be taken by a majority of votes of the member present at the meeting and if there is an equality of votes, the chairperson shall have a casting vote in addition to a deliberative vote.The Appeal Committee, having considered the evidence presented, may—refuse the appeal;uphold the appeal; or take any other steps that it may think fit.The Appeal Committee shall as soon as possible—notify the aggrieved person of its decision in writing andfurnish the aggrieved person with written reasons for the decision.
13. OffencesA person who—contravenes or fails to comply with a provision of this by-law;ignores, disregards or disobeys a notice, sign or marking displayed or erected for the purposes of this by-law;contravenes or fails to comply with an approval or condition granted or imposed in terms of this by-law;fails to comply with a request to move or remove his or her property;deliberately furnishes false or misleading information to an officer or duly authorised employee of the council; orthreatens, resists, interferes with or obstructs an officer or duly authorised employee of the council in the exercise or performance of that officer’s or employee’s powers or duties under this by-law,Shall be guilty of an offence and liable on conviction to a fine not exceeding (R1 000) or to imprisonment for a period not exceeding (three months).
14. ApplicationThe by-law explained in this Schedule is applicable in the whole of the Kannaland Municipality’s area of jurisdiction.
History of this By-law
30 May 2003 this versionPublished in Western Cape Provincial Gazette no. 6025By-law commences.
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