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Public Amenities By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [This is the version of this document from 9 November 2009 and includes any amendments published up to 6 May 2022.]
1. DefinitionsIn this by-law, unless the context otherwise indicates—"animal" means any equine, bovine, sheep, goat, pig, fowl, camel, dog, cat, or other domestic animal or bird, or any wild animal or reptile which is in captivity or under the control of a person;"camp" or "camping" means to occupy land by picnicking thereon or by standing thereon with a caravan or vehicle or erecting thereon a tent or temporary structure and using such caravan, vehicle, tent or temporary structure for the purpose of habitation or sleeping or as a shelter or protection against the weather;"camping area" means land vesting in and set aside by the municipality as a public picnic, camping or caravan park site or a similar facility approved by the municipality on private land;"camping permit" means a document printed and issued by the municipality for the purposes contemplated in this by-law or the municipality’s officials receipt issued against payment of the prescribed camping charges;"camping site" means any part of a camping area, demarcated or assigned for the purpose of camping thereon;"caravan" means any vehicle permanently fitted out for use by persons for living and sleeping purposes, whether or not such a vehicle is a trailer;"drunk" means a person who, reason of the alcohol which he or she has consumed, has lost control of his or her mental or physical faculties, or both, to such an extent as to render him or her incapable of comporting him- or herself, or of performing any act in which he or she is engaged, with safety to him- or herself or with that regard to the rights of others which the law demands;"erect" in relation to a notice board means construct, post, affix or place;"garden" means any piece of land under the control of the municipality and maintained by it as a garden for the use of by the public;"mobile home" means a factory assembled structure approved by the municipality with the necessary service connections made so as to be movable on site and designed to be used as a permanent dwelling;"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, 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, agent or employee;"Municipal Manager" means a person appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"notice board" includes a sign, poster or other device on which the municipality displays information;"official" means any person appointed by the municipality to perform the functions of an authorised officer under this by-law;"person" includes an association or organisation;"public amenity" means—(a)any land, commonage, square, camping area, caravan park, beach, swimming pool, bathing area, sports grounds, public open space, public resort, recreation site, river, dam, nature reserve, zoo-logical, botanical or other garden, or hiking trail, including any portion thereof and any facility or apparatus therein or thereon, 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;(b)a building, structure, hall room or office, including any part thereof or any facility or apparatus therein, 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 of fees or not; and(c)a public amenity contemplated in paragraphs (a) and (b) if it is lawfully controlled or managed in terms of an agreement between a person and the municipality;"public gathering or procession" means a procession or gathering of more than 10 people;"public place" means any square, building, park, recreation ground or open space which:(a)is vested in the municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General’s office and has been provided for or reserved for the use of the public or the owners of erven in such township;"vehicle" means any device driven by mechanical, animal, natural or human power, and includes any craft or aircraft, but does not include a wheeled chair or a device drawn or propelled by hand and used solely for the conveyance of a child or invalid.
2. Principles and objectivesThe municipality adopts this By-law with the aim of controlling access to and use of all public amenities owned by or under the control of the municipality.
General provisions relating to public amenities
3. Number of visitorsThe municipality may determine—(a)the maximum number of persons or vehicles that may be in or at a public amenity at any time; and(b)different classes of vehicles that may be in or at a public amenity at any time and it may differentiate between public amenities.
4. Admission to public amenity
5. Entrance fees
6. Notice boards
7. Consent required for certain activities
8. Use of public amenitiesThe municipality may enter into an agreement with any person in terms of which a public amenity or any part thereof may be used for the purposes and subject to the conditions set out in the agreement.
10. Prescribed feesThe municipality may determine fees payable in terms of this By-law.
12. Prohibited behaviour
15. Caravan parks
16. Powers of official and offencesThe official appointed by the municipality to monitor and enforce this by-law may investigate any act or omission which on reasonable suspicion may constitute an offence, and a person commits an offence if he or she—(a)threatens, resists, hinders or obstructs, or uses foul, abusive or insulting language towards or at an official in the exercise of his or her powers or execution or his or her duties; or(b)falsely holds himself or herself out to be an official;(c)furnishes false or misleading information when complying with a request of an official; or(d)fails to comply with a request of an official.
17. 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.
18. 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.
19. Limitation of liabilityThe municipality is not liable for any damage or loss caused by—(a)the exercise of any power or the performance of any duty in good faith under this by-law; or(b)the failure to exercise any power, or perform any function or duty in good faith under this by-law.
20. Authentication and service of notices and other documents
21. PresumptionIn any prosecution under this by-law it shall be presumed, unless the contrary is proved, that an animal found in a public amenity was brought into the amenity by the owner thereof or a person under the control of the owner, or that the owner or the person allowed the animal to enter the amenity.
22. Entering into agreementsThe municipality may enter into a written agreement with any person, organ of State, local community or organisation to provide for—(a)the co-operative development of any public amenity; or(b)the co-operative management of any public amenity; and(c)the regulation of human activities within a public amenity.
23. Liaison forums in community
24. 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.
25. Repeal 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, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.
26. Short title and commencementThis By-law shall be known as the Public Amenities By-law, and commences on the date of publication thereof in the Provincial Gazette.
- Entire By-law
2. Principles and objectives
- Chapter I – General provisions relating to public amenities
Chapter II – General provisions
16. Powers of official and offences
18. Offences and Penalties
19. Limitation of liability
20. Authentication and service of notices and other documents
22. Entering into agreements
23. Liaison forums in community
24. Conflict with other legislation
25. Repeal of by-laws
26. Short title and commencement
- 16. Powers of official and offences
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.