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Fences and Walls By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [Up to date as at 29 July 2020]
1. InterpretationIn this by-law, unless the context otherwise indicates—"alter" includes to cause, allow or permit to be altered;"agent", in relation to the owner of a property, means a person appointed by the owner of the property—(a)to receive rental or other payments in respect of the property on behalf of the owner; or(b)to make payments in respect of the property on behalf of the owner;"boundary" means the real or notional line marking the limits of premises;"erect" includes to cause, allow or permit to be erected;"fence" means—(a)any fence, together with any gate or any contrivance forming part or serving the purpose of such a gate, erected as a boundary between any erven, lots or stands within the municipal area;(b)a fence which is not erected on a boundary, such as a garden fence or a free-standing wall on an erf, lot or stand; or(c)a retaining wall erected on the boundary between two or more properties."ground level" means the natural level of the ground, except where such level has been disturbed, in which case the street level is to be regarded as the ground level;"municipality" means the Municipality of Bergrivier established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee 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;"public land" means land the ownership of which is vested in an organ of state;"repair" has the meaning assigned to it in the Fencing Act, 1963 (Act 31 of 1963);"rural settlement" means any area outside the urban edge of a township which is utilised for residential purposes and includes, but is not limited to agri villages, Transnet property, Safcol settlements, mining settlements and townships to which the Rural Areas Act, 1987 (Act 9 of 1987) applied;
2. Principles and objectivesThe Municipality, aware of its duty to provide a safe and healthy environment, in this by-law regulate fencing with the aim of safeguarding its residents and visitors to the area.
3. ApplicationSubject to the provisions of the Fencing Act, 1963 (Act 31 of 1963), as well as the applicable Zoning Scheme Regulations of the Municipality, the provisions of this by-law relating to an electrical fence, barbed wire and razor wire do not apply to land zoned for agricultural purposes, except where such electrical fence, barbed wire or razor wire is erected on the boundary between the agricultural land and public land or residential premises forming part of any township or a rural settlement.
5. Offences and PenaltiesA person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and,(b)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,(c)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.
6. Notice of compliance and representations
8. Demolition order
9. Authentication and service of notices and other documents
10. AppealA person whose rights are affected by a decision of 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.
11. Implementation and enforcement
12. Saving and transitional provisionAn owner or occupier whose premises, at the date of commencement of this by-law, do not comply with the provisions of this by-law must, within a period of 6months, ensure that his or her premises comply with the provisions of this by-law.
14. Liaison forums in community
15. Conflict with other legislationIn the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.
16. Revocation of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law
17. Short title and commencementThis by-law shall be known the Fences and Walls By-law, and commences on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Interpretation
- 2. Principles and objectives
- 3. Application
- 4. Fences
- 5. Offences and Penalties
- 6. Notice of compliance and representations
- 7. Costs
- 8. Demolition order
- 9. Authentication and service of notices and other documents
- 10. Appeal
- 11. Implementation and enforcement
- 12. Saving and transitional provision
- 13. Exemptions
- 14. Liaison forums in community
- 15. Conflict with other legislation
- 16. Revocation of by-laws
- 17. Short title and commencement
- Schedule A (Section 4(2))
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.