M.N. 160/90 SECTION I.4

CITY HALL PARKING AREA BYLAWS

1. For the purposes of these bylaws, unless the context otherwise indicates:

"approved" means approved by the Town Clerk;

"authorised officer" means an officer of the Council authorised or instructed by the Town Clerk to exercise any power or perform any duty or function in terms of these Bylaws;

"authority" means authority referred to in section 4;

"Council" means the Council of the City of Durban;

"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;

"parking area" means the parking area set aside as such in terms of section 2;

"Town Clerk" means the person who from time to time holds the position of Town Clerk either substantively or in an acting capacity from the Council and includes any other officer authorised by the Town Clerk to administer these Bylaws; and

"vehicle" means a device designed or adapted principally to travel on wheels and intended for the coneyance of persons or goods.

1A Nondiscrimination

(1) Subject to the provisions of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed so as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and changeroom facilities or prescribes different standards for such facilities.

(M.N. 43/92)

2. The area of land which is not occupied by buildings or other improvements and which lies between West Street, Aliwal Street, Smith Street and the footpath running along the eastern side of the City Hall is hereby set aside for the parking of vehicles in accordance with the provisions of these Bylaws.

3. No person shall introduce a vehicle onto the parking area or drive, park, stop or abandon a vehicle in such area except with the prior authority of the Town Clerk or otherwise than in compliance with these Bylaws.

4. The Town Clerk may grant authority for the parking of vehicles in the parking area to such persons and in respect of such vehicles and under such circumstances as he deems fit and when granting such authority he may impose conditions.

5. The Town Clerk may without notice withdraw any authority granted in terms of section 4 and upon such withdrawal the owner or person in charge of any vehicle which is in the parking area in terms of such authority shall forthwith remove it from the parking area.

6. The Town Clerk may at any time without notice temporarily close the parking area or any portion thereof to vehicles when he considers it necessary or desirable to do so.

7. Authority granted in terms of section 4 shall be personal to the person to whom it has been issued and he shall not transfer it to any other person or transmit any cards, disc, or other physical evidence of his authority to any other person for use by the latter.

8. The Town Clerk may appoint authorised officers to control access to the parking area and the parking of vehicles in such area or its use for any other purposes.

9. No person shall disobey or fail to comply with any direction given to him by the Town Clerk or an authorised officer or contravene or fail to observe or comply with any sign or notice or marking displayed in or on the parking area.

10. Neither the Council, the Town Clerk nor any authorised officer shall be liable for the death or injury of any person or for any damage to or loss of any property which may occur within the parking area, however caused and whether due to any negligence on the part of the Council or any of the aforementioned persons or not.

11. Subject to the provisions of section 13, if access to the parking areas controlled by a manually operated or automatic device no person other than an authorised officer shall operate or attempt to operate such device or shall interfere with it other than for the purpose of authorised repair or replacement.

12. Where access to the parking area is controlled by a device which is operated by means of a disc, card or other object issued for that purpose by the Town Clerk, no person other than a person authorised by him to do so shall use any such disc, card or other object to operate the device nor shall any person use or attempt to use any object to operate the device other than one issued by the Town Clerk.

13. If a disc has been issued to a person to whom authority has been granted in terms of section 4 as evidence of such authority, such disc shall be displayed in the approved manner on the vehicle to which it relates and no person shall introduce that vehicle onto the parking area unless the disc is so displayed.

14. No person shall introduce a vehicle onto the parking area or remove a vehicle from it except at an aceess point provided by the Council for the purpose.

15. No person shall introduce a vehicle onto the parking area if he has refused to allow the vehicle under his control or its contents to be searched by or at the discretion of an authorised officer.

16. A vehicle which has been parked in the parking area in contravention of these bylaws shall forthwith be removed from the parking area by the person having control of the said vehicle and if he fails to do so or if he cannot reasonably be found for the purpose of effecting such removal, the provisions of subsections (2) and (7) of section 114 of the Road Traffic Act, 1989 (Act 29 of 1989), shall mutatis mutandis apply.

17. No pedestrian other than the driver or a passenger of a vehicle lawfully parked in the parking area shall use the parking area as a means of access or thoroughfare.

18. No person shall cause an obstruction in the parking area or obstruct the movement of a vehicle therein.

19. Any person who:

(a) contravenes any provisions of these bylaws;

(b) contravenes any conditions imposed upon the granting of authority in terms of section 4; or

(c) fails or refuses to comply with any direction or order given to him by the Town Clerk or an authorised officer;

shall be guilty of an offence and shall be liable, upon conviction, to the maximum penalty prescribed for a breach of these bylaws by section 266(7)(a) of the Local Authorities Ordinance, 1974 (Ordinance 25 of 1974).

20. The bylaws published on 2 November 1939 under Provincial Notice 477 are hereby repealed.