Hessequa
South Africa
South Africa
Sporting Facilities 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 19 December 2008 and includes any amendments published up to 9 June 2023.]
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;“facility” means a sporting facility and includes any appliance, equipment, apparatus or storage facility in or on a facility;"municipality" means the Municipality of Hessequa 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 apply 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 behavior
4. Administration, control over and maintenance of sporting facilities
5. Access to sporting facilities and storage facilities
6. Admission fees and other fees
The municipality may prescribe fees to be charged for admission to or the hire or use of a sporting facility or equipment.7. Prohibited behavior in or on sporting facility or its premises
Chapter 2
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
Chapter 3
Miscellaneous provisions
13. Enforcement
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 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.16. Penalty
A person who has committed an offence in terms of this by-law is liable upon conviction to a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and, 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, 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. 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, 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 1998.18. Short title and commencement
This by-law may be cited as the Sporting Facilities By-law, and commences on the date of publication thereof in the Provincial Gazette.Cited documents 3
Legislation 3
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Criminal Procedure Act, 1977 | 3916 citations |
3. | Constitution of the Republic of South Africa, 1996 | 585 citations |