Lesedi
South Africa
South Africa
Police Services By-law, 2018
- Published in Gauteng Provincial Gazette 123 on 2 May 2018
- Commenced on 2 May 2018
- [This is the version of this document from 2 May 2018 and includes any amendments published up to 4 April 2024.]
Chapter I
1. Definitions
In this By Law, unless the context otherwise indicates:"affix" includes painting onto and "affixed" shall have a corresponding meaning;"animal" includes any horse, mare, gelding, foal, bull, ox, cow, bullock, steer, heifer, calf, mule, ass, lamb, sheep, goat, swine, ostritch, cat or dog;"animation" means a process whereby advertisements' visibility or message is enhanced by means of moving units, flashing lights or similar devices;"application to register" means an application which is submitted by an organization to the Council for consent to operate and be registered as a parking attendant organisation within the Municipal area and which is made on the form (see annexure 10) that is obtainable from the Council and that materially corresponds to the form set out reflected in the Annexure in annexure 10;"approved" means approved by the Council and "approval" has a corresponding meaning;"arcade" means a covered pedestrian thoroughfare, whether or not located at ground level passing wholly or partly through a building and to which the public normally has regular and unrestricted access;"arm" means any arm as contemplated in the Firearms and Ammunition Act, Act 75 of 2000 as amended;"authorised emergency vehicle" shall mean a vehicle of the Fire Department, South African Police Services, Lesedi Traffic Services and duly registered ambulances;"authorised officer" means(1)Lesedi Traffic Officials appointed under the NRTA, Act 93 of 1996;(2)A peace officer as contemplated in section 334 of the Criminal Procedure Act, Act 51 of 1977;(3)Any member of the South African Police Services as contemplated in the South African Police Services Act, Act 68 of 1995;"authorized official" means any employee of the Council who is acting within the scope of his/her duties on behalf of the Council and who is in uniform or with distinctive badge and appointment certificate of his office;"authorised person" means a person nominated by an organisation and authorised by the Council;"back light units (backlit)" means advertising structures which house illumination in a box with through light through translucent advertising printed on plastic or heavy duty paper for a higher visibility and extended night viewing;"balcony" means a platform projecting from a wall, enclosed by a railing, balustrade or similar structure, supported by columns or cantilevered out and accessible from an upper floor door or window;"banner" means an advertisement displayed on plastic sheet, paper, mache or any similar pliable material or on calico or other woven material, attached to or suspended between two poles or other supports;"bib" or "jacket" means a garment which fits around the chest of a person, which has recognisable insignia identifying the person as a parking attendant and which is approved by the Council;"billboard" means any screen or board larger than 4m 2 supported by a free standing structure, which is to be used or intended to be used for the purpose of posting, displaying or exhibiting an advertisement and which is commonly known as an advertising hoarding. The main function of a billboard is to advertise non-locality Bound products, activities or services;"blind" means a vertical screen attached to shop windows or verandas in order to keep sun and rain from shop fronts and sidewalks, and which may be rolled up when not in use;"bridge" means a bridge as contemplated in the National Road Traffic Act, Act 93 of 1996, as amended;"building" means any structure whatsoever with or without walls, having a roof or canopy and a normal means of ingress and egress there under, covering an area in excess of 4,6m 2 and having an internal height of more than 1,65m;"Business Act" means the Business Act, Act 71 of 1991 as amended;"ByLaw" means a bylaw as contemplated in Part B of Schedule 5 read with section 156 (1)(a) of the Constitution of the Republic of South Africa Act, Act 108 of 1996, Sections 76; 80A and Chapter VI of the National Road Traffic Act, Act 93 of 1996, as amended, Section 165 bis of the Local Government Ordinance, Ordinance 17 of 1939 and Application of the provisions of the Road Transportation Act, Act 74 of 1977;"cancel" means to withdraw the authorisation granted by the Council to a holder of a permit in terms of this bylaw, and A cancellation @ has a corresponding meaning;"canopy" means a structure in the nature of a roof projecting from the facade of a building and cantilevered from that building or anchored otherwise than by columns or posts;"charge determined by the Council" means the appropriate charge set forth in a bylaw made by the Council;"clear height" means the vertical distance between the lowest edge of the sign and the level of the ground, footway or roadway immediately below such sign;"composite sign" means a sign linked to a standardized background of a specific size similar to a poster board on which logos or other tourist related information can be attached;"contract" means the contract approved by the Council for the operation of a parking attendant organisation;"copy" as contemplated in Chapter IV of this bylaw means the complete advertising message to be displayed on the advertising structure;"Council" means the Lesedi Local Municipality as established in terms of Sect 12(1) read with Sect 14(2) of the Local Government Municipal Structures Act, Act 117 of 1998, as promulgated in notice no. 6768 of 2000, Gauteng Provincial Gazette no. 141, dated 1 October 2000 and includes the Executive Mayor, Mayoral Committee or any other authorised person, functionary or structure of the Council to whom has been delegated, the powers, functions and duties vesting in the Council in relation to this bylaw and "Lesedi Council" shall have the same meaning;"cut outs/ embellishments/ addon" means letters, packages, figures or mechanical devices attached to the face of a sign which extend beyond the rectangular area for greater attention value, can provide a three dimensional effect;"day" means the period between sunrise ead sunset;"decal" means a disc or other means of identification issued by the Council to a medical practitioner or the holder of a valid taxi permit;"demarcated parking place" means a place referred to in Section 80A of the National Road Traffic Act, Act 93 of 1996, as amended and means space laid out and marked in a public place, the time of occupation by which a vehicle is intended to be recorded by a parking meter;"demarcated space" means a space within which a vehicle is to be parked in terms of this bylaw, demarcated by means of one or more white lines upon the surface of a parking ground or floor thereof;"demarcated stand or stop" means the stand or stopping place for a taxi as contemplated in Chapter III of this bylaw;"designated facility" means a facility referred to in Chapter III of this bylaw;"donation" means any amount of money that a driver gives to a parking attendant on a voluntary basis for services rendered by the parking attendant;"driver" shall have the meaning assigned to it by the National Road Traffic Act, Act 93 of 1996, as amended;"election" means either Parliamentary, Provincial or Local elections and by- elections held from time to time;"erf" means any piece of land registered in a deed registry, an erf, lot, plot, stand or agricultural holding;"equipment" means a baton, whistle, identification card and a voucher approved by the Council;"Examiner of vehicles" means an examiner of vehicles registered and appointed in terms of Chapter II of the National Road Traffic Act, Act 93 of 1996, as amended;"facility" means a structure designed to permit the display and selling of foodstuff and goods and a receptacle for the disposal of litter;"foodstuff" means foodstuff as defined in Section 1 of the Foodstuff Cosmetics and Disinfectants Act, Act 54 of l972;"footpath" shall mean that portion or lateral extremities of the street which, although not actually defined or made, is habitually used by pedestrians as a sidewalk;"garden" means a garden or park to which the public has a right of access;"goods" includes without detracting from the generality thereof goods, wares, water, sand, stone and merchandise of all kinds, including livestock;"hawkers" means any person, agent or employee who carries on any trade or occupation for which a licence or permit is required in terms of the Business Act;"Inspector of licences" shall have the meaning as contemplated in the National Road Traffic Act, Act 93 of 1996, as amended;"intersection" means an intersection as defined in Section 1 of the National Road Traffic Act, Act 93 of 1996, as amended;"kerb line" shall mean the boundary between the roadway and the footpath, usually indicated by means of a raised kerb;"litter" includes any container or other matter, which has been discarded, abandoned or left behind by a person trading or by his or her customers;"Local Government Ordinance" means, to the extent that they have not been repealed by Schedule 1 of the Rationalisation of Local Government Affairs Act (Gauteng), Act 10 of 1998, the Local Government Ordinance, Ordinance 17 of 1993 as amended and the Local Government Ordinance (Administrations and Elections), Ordinance 40 of 1960 as amended;"main wall of a building" means any external wall of such building, but shall not include a parapet wall, balustrade or railing of a veranda or a balcony;"Marshal" means a person who arranges passenger and vehicle related procedures at taxi facilities;"Municipal area" means the area placed under the control and jurisdiction of the Council;"Minister" means the Minister of Transport;"month" shall mean a calendar month;"motor vehicle" means a motor vehicle as defined in Section 1 of the National Road Traffic Act, Act 93 of 1996, amended;"movable temporary sign" means a sign not permanently fixed and not intended to remain fixed in one position, but does not include any moving part in a fixed permanent sign;"national monument" means a building declared to be a national monument under the National Monuments Act, Act 28 of 1969;"night" means the period between sunset and sunrise;"NRTA" means the National Road Traffic Act, Act 93 of 1996 as amended;"operate on a public road" or any like expression, in relation to a vehicle, means to use or drive a vehicle or to permit a vehicle to be used or driven on a public road, or to have or to permit a vehicle to be on a public road;"open fire" means any way of making a fire, for whatever reason, where it constitutes a danger, nuisance or disturbance to any other person in any public area;"organisation" means a group of people, company, association or body representing parking attendants that operates a parking attendant services in certain geographical areas approved by the Council;"owner" in relation to a vehicle, means:(1)The person who has the right to the use and enjoyment of a vehicle in terms of common laws or a contractual agreement with the titleholder of such vehicle;(2)Any person referred to in paragraph (a), for any period during which such person has failed to return that vehicle to the titleholder in accordance with the contractual agreement referred to in paragraph (a); and(3)Any person who is registered as such in accordance with Section 14 of the NRTA (see infra);"park" in relation to a public open space see "garden";"park" means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle;"parking attendant" means a person in the employ of an organisation to render a parking attendant service to drivers in a public place or on a public road, and includes a car watcher;"parking ground" means any area of land or any building set aside by the Council as a parking ground or garage for the parking of vehicles therein by members of the public, whether or not charges are prescribed by this bylaw for the use thereof;"parking period" means the period of time measured in hours or part thereof on any one day during which vehicles are permitted to park in a parking ground as prescribed by Council;"particulars" means any form of information of any party and shall include the name, surname, company name, residential, business or email address, telephone, cellular or fax number or any other such information;"passenger carrying motor vehicle" means a taxi or a bus used or designed to convey passengers for reward;"passenger" means any person in or on a vehicle but shall not include the "driver" or the "conductor";"pavement" means a sidewalk as defined in Section 1 of the NRTA;"pedestrian" shall mean any person afoot;"permit" in relation to this bylaw means a document in which the Council authorises the holder to operate as a parking attendant and which contains the information reflected in on this By-Law of this bylaw; any area or place set aside by the Council for the custody vehicles;"prescribed" means determined by the Council by special resolution from time to time;"prohibited area" means any place declared or to be declared under Section 6A(2) of the Business Act by resolution of the Council to be an area in which street trading may be prohibited;"property" in relation to a person carrying on the business of street trading, means any article, receptacle, vehicle or any structure used or intended to be used in connection with such business, and include goods in which he or she trades;"province" means the Province of Gauteng established in terms of Section 103 of the Constitution of Republic of South Africa, 1996;"public road" means a public road as defined in Section 1 of the NRTA;"public place" means any foot pavement, footpath, sidewalk, lane, square, open space, garden, park or enclosed space and includes any public road;"public building" means any building where the public has unrestricted access;"rank" in relation to a taxi means a place upon a public road where a taxi may stand to ply for hire or to pick up passengers for their conveyance for reward;"Registering Authority" means a registering authority appointed under Section 3 of the NRTA;"residential area" means that portion at the area of a local authority, which has by actual survey been subdivided into erven or is surrounded by surveyed erven, and includes the public road abutting thereon;"residential purposes" means the use of a building as a dwelling house, two or more dwelling units, a hostel, a boarding house and a residential club;"right of entry" means the rights obtained in terms of Chapter III of this bylaw;"road traffic sign" means any road traffic sign as prescribed in Section 56, NRTA, the detailed dimensions and applications of which are controlled by the South Africa Road Traffic Sign Manual;"roadway" means a roadway as defined in Section 1 of the NRTA;"sell" in relation to any park or public road, means any act of selling or supplying goods coupled with the intention, at the time of such selling or supplying, to continue such activity business has a corresponding meaning;"selling" means to display goods for sale by inviting others to come and buy the goods so displayed, including supply to, carry on a business, has a corresponding meaning, and also exchange or hire, store, expose, offer or prepare for sale and sale has a corresponding meaning;"services" includes the performance of any work or labour or the use of skill for the benefit of another for consideration or reward;"sidewalk" means a sidewalk as defined in Section 1 of the NRTA and include the median of a public road;"skateboard" means a device, which includes a mainly flat object mounted on wheels, which is designed in such a manner as to provide room only for one person to stand or squat and is as such propelled by means of either human power or gravitation or both;"stop" in relation to a taxi stopping on a public road, means to keep a taxi, whether occupied or not, stationary for a period of time not longer that is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such stopping by reason of a cause beyond the control of the driver of such taxi;"street" means any street, road or thoroughfare shown on the general plan of a township, agricultural holding or any other division of land or in respect of which the public have acquired a prescriptive or other right of way and which vests in the Council;"supermarket trolley" means any push trolley or push cart which is placed at the disposal of the public as buyers by any business undertaking or shop and which is used by the public to convey their purchases;"tariffs" means fees approved by the Council in regards of the relevant legislation that should be applicable for the purpose of this bylaw;"toy vehicle" means a device designed, made or manufactured with the purpose for children to play with or to amuse themselves with, but exclused motorized vehicles designed to convey people, goods or both;"trade" means selling of goods or the offering or rendering of services in a public road or public place and trading has a corresponding meaning;"trailer" means a trailer as defined in Section 1, NRTA;"tricycle" means a three wheeled cycle exclusively designed or prepared for the conveyance of goods and propelled solely by human power;"vehicle" means a vehicle as defined in Section 1 NRTA;"veranda" means a structure in the nature of a roof attached to or projecting from the facade of a building and supported along its free edge by columns or posts;"verge" means a verge as defined in Section 1 of the NRTA;"ward" means a portion of a public place or public road of the Council that has been demarcated by the Council to be allocated to an approved organisation for the purpose of providing a parking attendant service and"zone" shall have a corresponding meaning;"zone" see "wardChapter II
Traffic
1. Parking
No person shall park a vehicle with a tare of 3 500 kg or more for a period exceeding one hour at any time after sunset and before sunrise on the roadway, verge or sidewalk of a street within a residential area.2. Medical practitioners
3. Turn with combination of vehicle
No person shall turn with any vehicle that draws a semi-trailer, trailer or combination of vehicles at any crossing for the purpose of driving in the opposite direction.4. Cycles
No person shall ride a pedal cycle/tricycle at night without being clearly visible from a distance of not less than 50m and such cycle must be equipped with a lamp emitting white light to the front and a lamp emitting red light to the back of such cycle.5. Holding on to moving vehicles
6. Riding on handlebars prohibited
It shall be unlawful for the operator of any cycle or motorcycle, when upon the street, to carry any other person upon the handlebars, frame or tank of any such vehicle, or for any person so to ride upon any such vehicle.7. Traffic signals
8. Traffic notices and signs
9. Games, throwing stones, etc
10. Prevention of obstruction during public processions
11. Prohibition of the use of public place closed by council.
No person shall enter or use any street, road, thoroughfare, square or other public place, garden, park or other enclosed space lawfully closed by the Council for the purpose of such entry or use.12. Street collections
13. Ropes across street
No person shall without the consent of the Council in writing, place any rope, wire, pole, banner, advertisement or any other object across any street or hang or place anything whatsoever thereon.14. Defacing, marking or painting streets
No person shall without the consent of the Council in writing, except in the execution of his duty in any way deface, mark or paint any Council property, road traffic signs, street or part thereof.15. Escort of abnormal vehicles
16. Tariffs/charges for assistance with racing events, sporting events, processions and other gatherings in general
17. Supermarket trolleys
18. Shoeing, cleaning and repairing in streets
19. Control of animal
20. Keeping of animals
21. Gambling
22. Sidewalks
23. Littering and spillage
No person shall spill, drop or place, or permit to be spilled, dropped or placed, in or on any street, any fruit rind, or fruit or any glass or sharp substance or nails, metal, building or lining, sawdust packing, paper, stable, house or trade refuse, stone, brick or other building materials, or any matter or thing that may interfere with the cleanliness of such street, or cause annoyance, danger or accident to persons, animals, vehicles or other traffic using such street, without causing the same to be immediately removed from such street, and in the event of his failing to do so, the Council may, by its servants remove the same and, in addition to any penalty for the breach of this section, recover from him the expenses of such removal in the same manner as any penalties for breaches of the Council's bylaws are recoverable.24. Display of articles/clothing
25. Openings and doors on streets
26. Excavations and wells
27. Removal of soil, sand, etc
No person shall take, remove or carry away or cause or allow to be taken, removed, or carried away any sand, soil or other material forming part of or being upon any street, stand, erf, or other place within the municipal area which shall be vested in or be the property of the Council, except by permission in writing from the Council first had been obtained and subject to such conditions as may be imposed by the terms of such permission.28. Sweeping premises adjoining streets
The occupier of premises adjoining any streets shall not cause or permit any part thereof or of the sidewalk abutting thereon to be swept unless and until the same shall have been adequatly sprinkled to prevent the raising of dust to the annoyance or inconvenience of the public by such sweeping, nor shall be cause or permit any dirt or refuse swept up to be thrown or in any way deposited in or upon any street, any conravention of this section by any servant or represenatative of the occupier shall be deemed to be a contravention by the occupier.29. Opening in kerbing, etc.
30. Disturbance of the peace
31. Indecency
32. Cleanliness of streets and public places
33. Trees
Chapter III
Street trading
34. Freedom to trade
35. General conduct
A person trading shall:36. Prohibition on carrying on business
No person shall in the jurisdictional area of the Council carry on the business of a street vendor:37. Cleanliness
A person trading shall:38. Obstruction of pedestrians
No person shall trade at a place where such trading:39. Obstruction of vehicular traffic
No person shall trade at a place where such trading:40. Street trading licence
41. Responsibility of persons carrying on business
No person shall instructs, allows, permits, incite, or otherwise induce or persuade any other person to contravene any provisions of this bylaw.42. Impoundment/removal/disposal
43. Signs indicating restrictions and areas
The Council shall by resolutions:Chapter IV
Parking grounds
44. Vehicles of excessive size
45. Miscellaneous
Parking attendants & car watchers
46. Prohibition
47. Registration fee payable
48. Garments and identification of parking attendants
49. Requirements for conduct of parking attendants
50. Cancellation or suspension of the authority as parking attendant
Chapter V
51. Penalties
Any person contravening any of the foregoing bylaws shall be guilty of an offence and liable on conviction, except where otherwise expressly stated, to:60. Tariffs
Chapter VI
History of this document
02 May 2018 this version
Cited documents 7
Legislation 7
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4003 citations |
3. | Criminal Procedure Act, 1977 | 3916 citations |
4. | National Road Traffic Act, 1996 | 1679 citations |
5. | Constitution of the Republic of South Africa, 1996 | 585 citations |
6. | Businesses Act, 1991 | 473 citations |
7. | Department of Communications Rationalisation Act, 1998 | 438 citations |