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Roads and Streets 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 9 October 2020]
Definitions, purpose and objectives
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the English 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;"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;"municipality" means the Municipality of Bergrivier 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 area of jurisdiction of Bergrivier 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;"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;"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 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;unless such land is on such plan or diagram described as a private street;"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 under the jurisdiction of Bergrivier Municipality and, without in any way limiting the ordinary meaning of the word, includes the erection of new building or alterations or additions to any existing building, tents or structures for recreational-, church- or any other type of gathering, excavations, the building of bridges and crossings over sidewalks, the laying of cables and pipes, the dumping of building or other material anywhere in a street or delivery to or removal from any site of any soil or material of any nature whatsoever.
2. Purpose and objectivesThe Bergrivier Municipality, acting under the Constitution and relevant legislation, and being aware of its duty to control the use of roads, streets and sidewalks and to manage any work undertaken in such roads, streets and sidewalks so as to provide a safe environment for all people within the municipal area, adopts this by-law to provide mechanisms and guidelines for such control and management.
General provisions relating to roads and streets
3. Streets and sidewalksNo person may—(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,(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, or(c)without the permission of the municipality undertake any beautification or improvement, including the planting of lawn, ornamental plants or trees in a manner that interferes with the use thereof by pedestrians or create an obstruction of whatever kind which may have a negative impact on road safety.
4. Advertisements visible from streets
5. Animals or objects causing an obstructionNo person may—(a)deposit or leave any goods or articles in a street, or in an area designated therefor, 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 pram 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.
6. Trees in streets
7. Trees or growth causing an interference or obstruction
8. Refuse, motor vehicle wrecks, waste material, etc.No person may—(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 or public 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.
9. Parking of heavy vehicles and caravans
10. Parking attendants
Prohibition of certain activities in roads and streets
12. Vehicle repairs in streetsNo person may, 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.
13. Games and other acts in streetsNo person may—(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 is provided with clear signs and identifiable paving and furniture which distinguishes it as "residential erf" or "street park".
14. Use of explosivesNo person may 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.
15. Conveyance of animal carcasses or other waste products through streetsNo person may 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.
16. Fences on street boundariesSubject to the provisions of the municipality’s by-law relating to Fencing and Walls no person may 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.
17. Building materials in streetsNo person may 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 except with the written permission of the municipality, and subject to the requirements prescribed by the municipality.
18. Balconies and verandasNo person may, 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.
19. Drying of washing on fences on boundaries of streetsNo person may dry or spread washing on a fence on the boundary of a street or public place.
20. Damaging of notice-boardsNo person may 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.
21. Street collections and distribution of handbills
22. Poison in streetsNo person other than an official of the municipality or an authorised person who administers legally approved weed-killers or poisons, may use, set or cast poison in any street or public place.
23. Roller-skating and skating on skateboardsNo person may, 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 cladNo person may appear in any street without wearing any clothes or not being clothed in such a manner as decency demands; provided that this provision does not apply to a child under the age of seven years.
25. Amusement shows and devices
26. Animals in a streetNo owner or person—(a)in charge of any wild or ferocious animal, monkey or horned cattle may allow such animals at any time to be insufficiently attended or at large in any street or may keep any such animal in such a manner as to be a danger or annoyance to the public; or(b)may allow, permit or cause any animal to graze or stray in or about any street or public place.
27. Restriction of access to streetsNo person may, without the approval of the municipality, close or barricade any street or restrict access thereto.
Work in streets, public roads and sidewalks and water discharge onto roads and streets
28. Use of vehicles that may damage street surface
29. Obstruction on public roads and restriction of access to streets
30. Work in public roads or streets
31. Norms, standards and guidelines
32. Discharge of water on public road
33. Overflow of water streets
Behaviour in streets
34. Prohibited conductNo person may in a street—(a)cause a nuisance to other persons by loitering, standing, sitting or lying or begging;(b)sleep, overnight or erect any shelter, except at a place designated by the municipality;(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)be drunk or under the influence of drugs or use intoxicating liquor or drugs; or(l)spit.
Display of street numbers
35. Street numbers
General powers of the municipality
36. Municipality may act and recover costs
37. Closure of streets or roads
38. Temporary closure of streets or roads
39. Construction, maintenance and naming of streetsThe municipality may in its area—(a)make, construct, reconstruct, alter and maintain streets;(b)name and re-name streets; and(c)allocate and re-allocate numbers to properties abutting on streets.
40. Declaration of streets
42. 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.
44. Offences and penaltiesAperson 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.
45. 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.
46. 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.
47. Short title and commencementThis by-law shall be known as the By-law relating to Roads and Streets and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Definitions, purpose and objectives
Chapter 2 – General provisions relating to roads and streets
- 3. Streets and sidewalks
- 4. Advertisements visible from streets
- 5. Animals or objects causing an obstruction
- 6. Trees in streets
- 7. Trees or growth causing an interference or obstruction
- 8. Refuse, motor vehicle wrecks, waste material, etc.
- 9. Parking of heavy vehicles and caravans
- 10. Parking attendants
- 11. Encroachments
Chapter 3 – Prohibition of certain activities in roads and streets
- 12. Vehicle repairs in streets
- 13. Games and other acts in streets
- 14. Use of explosives
- 15. Conveyance of animal carcasses or other waste products through streets
- 16. Fences on street boundaries
- 17. Building materials in streets
- 18. Balconies and verandas
- 19. Drying of washing on fences on boundaries of streets
- 20. Damaging of notice-boards
- 21. Street collections and distribution of handbills
- 22. Poison in streets
- 23. Roller-skating and skating on skateboards
- 24. Persons to be decently clad
- 25. Amusement shows and devices
- 26. Animals in a street
- 27. Restriction of access to streets
- Chapter 4 – Work in streets, public roads and sidewalks and water discharge onto roads and streets
- Chapter 5 – Behaviour in streets
- Chapter 6 – Display of street numbers
- Chapter 7 – General powers of the municipality
- Chapter 8 – Processions
- Chapter 9 – General matters
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.