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Bergrivier
South Africa

Sporting Facilities By-law, 2009

In terms of and under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996, the Bergrivier Municipality, enacts as follows:—

1. Definitions

In 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 objectives

The 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-laws

This 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.

Chapter 1
Administration, access, fees and prohibited behaviour

4. Administration, control over and maintenance of sporting facilities

(1)The municipality may establish a body or sport committee with the aim of advising it on matters relating to sporting facilities.
(2)All sporting facilities must be administered by the municipality in accordance with this By-law.
(3)The municipality may acquire land or a building with the aim of developing sporting facilities, or dispose of existing sporting facilities or any rights thereto.
(4)A person or organisation that uses or hires sporting facilities does so subject to the provisions of this by-law and in terms of conditions as may be determined by the municipality.
(5)Where an organized sporting activity is not organized or controlled by the municipality, a municipal employee may be present.
(6)Subject to the terms and conditions stipulated in any contract of hire, and subject to any applicable national laws, no person—(a)may bring his or her own supply of alcoholic beverages on or into a sporting facility without written authority from an authorised official; or(b)may sell any alcoholic beverage on the premises of a sporting facility without first obtaining approval for that activity from the municipality;
(7)If the municipality permits the sale or consumption of alcohol on or in a facility by an organization or body, the sale or consumption is subject to the following conditions:(a)no alcoholic beverage may be served in a glass bottle, glass cup or other container made of glass;(b)beer, cider and alcoholic cordials may be served in cans, kegs, or plastic cups only;(c)the organization or body must maintain good order within the sporting facility.
(8)The municipality may close a facility when:(a)The facility is substantially unusable due to—(i)destruction;(ii)severe damage; or(iii)the absence of municipal services;(b)the facility constitutes a danger to human life or property; or(c)an emergency has arisen which requires such closure.
(9)The municipality may temporarily close a facility for purposes of repair or maintenance or for any other reason in the municipality’s discretion.
(10)A person who or organization that contravenes subsection (6) or (7) commits an offence.

5. Access to sporting facilities and storage facilities

(1)The municipality may by notice posted at or near the entrance to a facility indicate the hours during which it may be used by the public.
(2)The municipality reserves the right of access to a facility and an official may instruct a person who has contravened a provision of this by-law to leave the facility or premises immediately and should the person fail to observe the instruction, the official may remove or cause the person to be removed.
(3)The municipality has the right to determine the maximum capacity of a sporting facility and an official must, once the maximum capacity has been reached, refuse further access and may take measures necessary to prevent access.

6. Tariffs

The 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

(1)No person may—(a)enter any part of a facility otherwise than by an entrance designated for that purpose;(b)enter or remain inside a facility, without permission, or at any time other than during the hours when such facility is open to members of the public, or when access to the facility has been denied;(c)smoke in a sporting facility, except in an open air facility or in those areas which have been designated for this purpose, as indicated by notices to that effect;(d)wear footwear that may damage the surface of a facility;(e)attend or engage in a sporting activity if dressed indecently or if undressed, except in a facility set aside for use by a person of the same sex;(f)relieve him or herself in any part of the sporting facility other than in the ablution facilities;(g)excluding a child under the age of five years, use change rooms, places of ablution, cubicles, or any other facilities set aside for a particular sex if he or she is not of that particular sex;(h)enter or remain in any area of the sporting facility, which area is reserved for the use of persons of the other sex;(i)use a change room, place of ablution, cubicle or any other facility for longer than is reasonably necessary to undertake an activity intended to be undertaken;(j)use profane or indecent language or behave in any other manner that constitutes a nuisance or unacceptable behaviour towards other persons;(k)destroy, damage or deface any part of a sporting facility, accessories or equipment;(l)discard rubbish other than in a container provided for that purpose;(m)in any manner, interfere with the substance covering the surface of a sporting facility;(n)light any fire;(o)drive, draw, or propel a vehicle, or walk upon or recline on lawn on the premises of a sporting facility if prohibited to do so by a notice on the premises;(p)ride or use in or on a sporting facility a bicycle, roller blades, roller skates, a skateboard, a tricycle or any similar form of transport or amusement, except in a sporting facility which specifically provides for the riding of such appliances;(q)without the prior written consent of the municipality, sell, hawk, advertise, offer for sale or purchase or exhibit any article for sale, lease or hire, distribute a pamphlet, book, handbill or other written or printed matter inside a sporting facility or in the immediate vicinity of the entrance thereto;(r)neither inside nor outside a sporting facility, obstruct, resist or interfere with an official in the execution of his or her duties or the exercise of any authority in terms of this by-law;(s)tamper or interfere with an appurtenance in or on the premises of a sporting facility;(t)bring into or keep on a sporting facility an animal, except a guide dog, without the prior consent of the municipality, unless the sporting activity engaged in involves the use of animals;(u)bring into or keep on a facility a weapon or any other dangerous object.(v)erect or attempt to erect any enclosure, tent or similar construction, stall, booth, stand, screen, fence, or drive into the ground any peg or spike without the permission of the official in charge of the facility;(w)behave or conduct himself or herself in a manner which may prejudice good order;(x)bring into or onto a facility any substance or matter which may endanger the safety of people, or which may be used to disrupt proceedings at or spoil the peaceful enjoyment of the facility;(y)bring into or onto a facility intoxicating liquor or drugs, except with the permission of the municipality; or(z)be drunk or under the influence of drugs having a narcotic effect, or behave or conduct himself or herself in a manner which may disrupt a sporting activity.
(2)A person who contravenes any of the provisions of this section commits an offence.

Chapter 2
Organised sporting activities

8. Organised sporting activities

(1)The municipality may allow the use of its facilities by sport organisations, municipal staff, or other persons.
(2)An organization to which a sporting facility or a portion thereof has been allocated for use at regular times, must ensure that only its members use the facility, and should it be impossible for the organisation to use the facilities at those times, the organization must notify the official in charge of the sporting facility beforehand, and should an organization fail to do so, the municipality may suspend or cancel the organisation’s further use of the facility.

9. Reservation and hiring of sporting facilities

(1)The municipality may set aside or hire out a sporting facility for the purpose of organised sport or for special occasions on such conditions as it may prescribe and the municipality may charge a fee, or may make it available free of charge or grant free admission to selected persons.
(2)The representative of an organization that wishes to hire a sporting facility must complete and lodge a prescribed application form with the municipality.
(3)When considering an application the municipality may have, in addition to other relevant factors, due regard to the following:(a)the principles and objectives of this by-law;(b)that the sporting facility may be used for lawful purposes only;(c)that the use of the sporting facility will not constitute a nuisance or annoyance to other users of another part of the sporting facility which has not been hired by the organisation, or to the occupiers of neighbouring premises; and(d)that the use of the sporting facility will not constitute a danger to any person or property or negatively affect the environment.
(4)The municipality may approve the use of a sporting facility subject to any condition it may impose, or it may refuse consent.
(5)The municipality must, within seven days after the application form has been lodged, in writing notify the organisation if the application has been approved or refused, and—(a)if the application is refused, the municipality must supply to the organisation the reasons why the application was refused; or(b)if the application is approved, the municipality must forward a notice of approval which must specify the conditions to which the use of the sporting facility is subject.
(6)An organisation may not, before the municipality’s approval has been received by it, advertise or announce the sporting activity for which it has lodged an application.
(7)The municipality may, before it approves an application, require of an organization that wishes to make use of a sporting facility to take out,with an insurance company approved by the municipality—(a)insurance in an amount approved by the municipality to cover any structural damage which may occur to the sporting facility whilst being used by the organization; and(b)public liability insurance.
(8)An organization which supplies false information in an application form or with respect to the requirements in subsection (9), or which contravenes subsection (8) commits an offence.

10. Cancellation, postponement or extension of reservation

(1)An organisation who has applied for the reservation of a sporting facility, may cancel the application, and where the organisation has paid a fee the municipality will determine the percentage of the paid fee to be refunded to the organisation.
(2)(a)After approval has been given by the municipality, an organisation may apply for the postponement of the reservation to a later date.(b)Approval of the postponement does not result in a penalty or forfeiture of any fees already paid.(c)Postponement may be refused if the facility has been reserved.
(3)An organisation may apply for an extension of the period of use of the sporting facility, and—(a)the application must be in writing and lodged at the Municipal Manager’s offices; and(b)the facility must be available for such use.
(4)The municipality may cancel the hire of a facility under the circumstances contemplated in section 4(8), or should the municipality require the facility for municipal purposes at the same time, however, the municipality may refund the fees that have already been paid to it in respect of the reservation; or
(5)Should the municipality cancel a reservation, the municipality must, within a reasonable time and in writing notify the organisation of its decision, however, where a notice is given in terms of section (4)(8), the notice is deemed to be effective from the date on which the destruction or damage took place.
(6)Subject to the provisions of subsection (4), an organisation has no claim against the municipality for loss of use of the sporting facility or for damage arising from a cancellation in terms of subsection (4).

11. Termination of hire

(1)On termination of the hire an organisation and an official of the municipality must inspect the facilities for the purpose of assessing the conditions of the facilities.
(2)The organisation must—(a)return the sporting facility to the municipality in the condition it was when it was hired out to the organisation;(b)repair any damage or breakages;(c)comply with any instructions by the municipality in respect of the cleaning of the sporting facility; and(d)vacate the sporting facility within the period stated in the application; and should the organisation fail to comply with–(i)subsection (2)(a), (b) or (c), the municipality may replace, repair or make good any breakages or damages, and recover the costs from the organisation; or(ii)the municipality may levy an additional fee for the period during which the organisation occupies the sporting facility after the expiry of the period stipulated in the application.

12. Duties of organisation

(1)Before an organisation commences to use the sporting facility, a representative must inspect the facilities, and should he or she find that buildings, structures, accessories or equipment are in a state of disrepair, this fact must be reported to the municipality in writing, and failure to do so is deemed as an acceptance by the organisation that the facilities are in a proper condition.
(2)The organisation must comply with any conditions determined by the municipality in terms of section 4(4) and take all reasonable measures to ensure that its members and persons attending a sporting activity, as participants, visitors or spectators comply with section 7.

Chapter 3
General provisions

13. Enforcement

(1)An official may search any person, vehicle or container in, entering into or being brought onto a facility.
(2)An official may confiscate liquor, or any other dangerous object, substance or matter which may endanger the safety of people in the facility, or which may be used to disrupt proceedings at or spoil the enjoyment of the facility, but must return to the person that which was confiscated when he or she leaves the sporting facility.
(3)If the official finds an unlawful substance as a result of the search contemplated in subsection (1), he or she must immediately alert the South African Police Services, or if he or she is appointed as a peace officer in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), he or she may act in terms of the Act.
(4)A person who interferes with or obstructs an official of the municipality in the execution of his or her duties, commits an offence.

14. Indemnity

Any 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. Appeal

A 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 penalties

A 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 legislation

In 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-laws

The 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 commencement

This by-law shall be known as the Sporting Facilities By-law, and commences on the date of publication thereof in the Provincial Gazette.

History of this By-law

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