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Sporting Facilities 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 April 2021]
1. DefinitionsIn this by-law, unless the context otherwise indicates—"accessories" means an object or objects on or in a field, sporting area or course necessary for a particular sport to be performed, such as, but not limited to goal posts, a tennis net, or a flag, and any other feature or fixture;"appurtenance" means any fitting, installation, appliance, device, instrument, apparatus, utensil, tool whatsoever on the premises, such as, but not limited to a lock, cock, tap, valve, pipe and includes any other appliance or any machine;"equipment" means gear used by a person in a sporting activity;"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;"facility" means a sporting facility and includes any appliance, equipment, apparatus or storage facility in or on a facility;"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;"organised sporting activity" means a sporting activity that is organised or controlled by an organisation, and includes a practice or training session;"organisation" means a sport club, educational institution, or association of people, and includes a group or sport club established by the municipality, which sport club or association or group can be joined by a member of the public;"sporting facility" means any land, area, premises, building or structure, or part thereof, which is administered or controlled by the municipality and which is designated, demarcated, or set aside for a sporting activity, and includes facilities surrounding and normally supplementary to a sporting facility.
2. Principles and objectivesThe municipality recognizes the right of the community, whether associated to an organization or not, to use and enjoy sporting facilities, and accepts the duty to maintain and develop the resources of the municipality to the best interest of the community, and aims, in this by-law, to control and administer sporting facilities.
3. Application of By-lawsThis by-law applies to all sporting facilities under the control and administration of the Municipality, but do not apply to land, areas, buildings, and structures regulated by the Municipality’s Public Amenities By-laws.
Administration, access, fees and prohibited behaviour
4. Administration, control over and maintenance of sporting facilities
5. Access to sporting facilities and storage facilities
6. TariffsThe municipality may prescribe tariffs to be charged for admission to or the hire or use of a sporting facility or equipment.
7. Prohibited behaviour in or on sporting facility or its premises
Organised sporting activities
8. Organised sporting activities
9. Reservation and hiring of sporting facilities
10. Cancellation, postponement or extension of reservation
11. Termination of hire
12. Duties of organisation
14. IndemnityAny person visiting or using a facility does so at his or her own risk and the municipality will not be liable for any injury, loss or damage that such person may suffer while in or on the facility.
15. 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.
16. 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.
17. 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.
18. 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.
19. Short title and commencementThis by-law shall be known as the Sporting Facilities By-law, and commences on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Principles and objectives
- 3. Application of By-laws
- Chapter 1 – Administration, access, fees and prohibited behaviour
- Chapter 2 – Organised sporting activities
- Chapter 3 – General provisions
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.