Hessequa
South Africa
South Africa
Roads and Streets By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 17 January 2014 and includes any amendments published up to 9 June 2023.]
- [Amended by Roads and Streets: Amendment on 17 January 2014]
Chapter 1
Definitions, purpose and objectives
1. Definitions
In 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 Hessequa 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 Hessequa 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;"welfare organisation" means any association not for gain which is registered under the Non-profit Organisations Act, 1997 (Act 71 of 1997) and is exempt from income tax in terms of section 10 (1)(cN) of the Income Tax Act, if it carries on or intends to carry on any welfare activity determined by the Minister for purposes of this Act to be of a philanthropic or benevolent nature, having regard to the needs, interests and well-being of the general public, relating to those activities that fall under the headings—(a)welfare and humanitarian;(b)health care;(c)land and housing;(d)education and development; or(e)conservation, environment and animal welfare.[definition of "welfare organisation" inserted by section (3) of the Amendment By-law, 2014]"work" means work of any nature whatsoever undertaken on any land under the jurisdiction of Hessequa 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, 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 objectives
The Hessequa 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.Chapter 2
General provisions relating to roads and streets
3. Streets and sidewalks
No person may –4. Advertisements in streets
5. Animals or objects causing an obstruction
No person may –6. Trees in streets
7. Trees or growth causing an interference or obstruction
8. Refuse, motor vehicle wrecks, waste material, etc.
No person may –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
No person may, in a street –13. Games and other acts in streets
No person may –14. Use of explosives
No person may in or upon a street use explosives or undertake blasting operations -15. Conveyance of animal carcasses or other waste products through streets
No person may carry or convey through a street the carcase of an animal or any garbage, night soil, refuse, litter, rubbish, manure, gravel or sand –16. Fences on street boundaries
Subject to the By-law relating to Fences and Fencing, no person may erect a barbed-wire-, razor wire-, electrified fence or other dangerous fence on the boundary of a street except with the written permission of the municipality.17. Building materials in streets
No 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 verandas
No person may, except with the written permission of the municipality –19. Drying of washing on fences on boundaries of streets
No person may dry or spread washing on a fence on the boundary of a street.20. Damaging of notice-boards
No 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.21. Street, door-to-door collections and distribution of handbills
22. Poison in streets
No 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.23. Roller-skating and skating on skateboards
No 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 in or upon an area where skating is prohibited by an applicable road traffic sign.24. Persons to be decently clad
No 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 street
No owner or person –27. Restriction of access to streets
No person may, without the approval of the municipality, close or barricade any street or restrict access thereto.Chapter 4
Work in streets, public roads and sidewalks and water discharged onto roads and streets
28. Use of vehicles that may damage street surface
29. Obstruction on public roads and streets
No person may deposit or cause to be deposited or leave or cause to be left sand, stone, earth, bricks, timber, lime, cement or other building or excavated material of whatever nature on a portion of a public road, sidewalk or footpath, unless it is deposited within an enclosure in respect of which the written consent of the Municipality has first been obtained.30. Work in public roads or streets
31. Norms, standards and guidelines
32. Discharge of water on public road
33. Overflow of water into public roads and streets
Chapter 5
Behaviour in streets
34. Prohibited conduct
No person may, in a street–Chapter 6
Display of street numbers
35. Street numbers
Chapter 7
General powers of the municipality
36. Municipality may act and recover costs
37. Closure of or restriction of access to streets or roads
38. Temporary closure of streets or roads
39. Construction, maintenance and naming of streets
The municipality may in its area –40. Declaration of streets
Chapter 8
Processions
41. Processions
Chapter 9
General matters
42. Appeal
A 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 therefore 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.43. Exemption
44. Penalty
Any person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to –45. Repeal 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, 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 1998.46. Short title and commencement
This 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.Cited documents 4
Legislation 4
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |
3. | Nonprofit Organisations Act, 1997 | 142 citations |
4. | Regulation of Gatherings Act, 1993 | 125 citations |