General Bylaws

1.1 In these Bylaws, except as otherwise expressly provided or unless the context otherwise requires:

"audience" means an assembly of three or more persons attending an entertainment or other event within a building;

"auditorium" means that part of a building which is occupied by an audience and includes aisles and passages forming an integral part thereof;

"authorised officer" means an officer of the Council to whom it has assigned or delegated a duty, function or power under these Bylaws, in relation to the exercise or performance of that duty, function or power and includes any employee acting under the control and direction of such officer;

"bus" bears the meaning given to it by the Road Traffic Act, 1989 (Act No. 29 of 1989);

"cramp" when used as a verb includes the use of a vehicle for the purpose of habitation or sleeping, whether or not such vehicle is designed or adapted for any such purpose;

"canopy" means a rigid roof-like projection from the wall of a building;

"Chief Constable" means the Chief Constable of the Durban City Police and in his absence includes his Deputy;

"City" means the City of Durban and includes any area comprising part of the area of jurisdiction of the Council;

"Council" means the City Council of the City and includes, in relation to a duty, function or power under these Bylaws, a committee or official of the Council to whom it has assigned or delegated such duty, function or power;

"dependence-producing substance" means a dependence-producing substance as defined in the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992);

"discharge" includes, in relation to the use of a gun, the act of discharging a blank cartridge;

"Durban City Police" means the police force established by the Council in terms of section 83 of the Durban Extended Powers Consolidated Ordinance, 1976 (Ordinance 18 of 1976);

"gun" includes a weapon of any description from which any bullet, pellet, shot or any missile of any description can be discharged, whether or not activated by explosive;

"lift" means an enclosed apparatus used for the conveyance of persons between the floors of a building;

"Ordinance" means the Local Authorities Ordinance, 1974 (Ordinance 25 of 1974);

"policeman" means a member of any police force established under any law;

"prescribed" means prescribed by the Council;

"road traffic sign" bears the meaning given to it by the Road Traffic Act, 1989 (Act No. 29 of 1989);

"sidewalk" means the portion of a verge intended for the exclusive use of pedestrians;

"smoke" or "smoking" includes being in possession of a lighted cheroot, cigar, cigarette or pipe;

"street" means a public street;

"vehicle" bears the meaning given to it by the Road Traffic Act, 1989 (Act No. 29 of 1989);

"verge" means that portion of a street which is not constructed or intended for vehicular traffic.

(2) Subject to the provisions of subsection (1), any word or expression to which a meaning has been assigned in the Ordinance shall bear that meaning in these Bylaws, unless the context otherwise requires.

CHAPTER 2

STREETS AND PUBLIC PLACES

PART 1 : CONDUCT

BREACHES OF THE PEACE

2.1.1 A person commits an offence if in a street or public place he:

(a) accosts, insults, interferes with, jostles, threatens or harasses another person;

(b) associates or acts in concert with other persons in a manner which causes or is likely to cause a breach of the peace;

INDECENT BEHAVIOUR

2.1.2 A person commits an offence if in or in view of a street or public place he:

(a) is not decently clothed so that least such person's private parts are covered from view;

(b) performs any indecent act; or incites any other person to commit any such offence.

OBSCENE OR OFFENSIVE LANGUAGE

2.1.3 A person commits an offence if in a street or public place or within the hearing of a person in a street or public place he uses any indecent or offensive language or sings an indecent or offensive song.

INDECENT OR OFFENSIVE LITERATURE AND REPRESENTATIONS

2.1.4 A person commits an offence if in a street or public place or in view of a street or public place he:

(a) displays, distributes, exposes to view or sells or offers for sale in a manner likely to cause offence any indecent or offensive picture or other representation or written or printed matter;

(b) draws, prints, writes or otherwise produces any immoral, indecent or offensive figure, letter, picture, word or other representation or matter so that the same is in the public view or may be seen by any other person.

LOITERING

2.1.5 A person commits an offence if in a street or public place he loiters for the purpose or with the intention of committing an offence.

DANGEROUS ACTS

2.1.6 A person commits an offence if in a street or public place he:

(a) activates, handles or uses any material, object or thing which is likely to cause injury to a person or to intimidate him or to damage property or does so in a manner likely to result in such injury, intimidation or damage;

(b) introduces or handles any material, object or thing or any liquid or solid substance which by its nature or by reason of the manner of its introduction or hardly creates a new source of danger to person or property or is likely to do so;

(d) attaches any object to or suspends any object from a canopy, verandah or other projection or a pillar, pole or post;

(e) performs any other act which may cause injury to persons or damage to property;

unless he is authorised or permitted by law to do so or does so with the written permission or an authorised officer and in accordance with any conditions imposed by him.

GENERAL OFFENCES

2.1.7 A person commits an offence if in a street or public place he:

(a) defecates or urinates except in a facility provided by or on behalf of the Council for the purpose;

(b) enters a toilet reserved or set aside for members of the opposite sex;

(d) is drunk; or

(e) is under the influence of or administers a dependence-producing substance to himself or another person.

PART 2 : OFFENCES RELATING TO LITTER

2.2.1 (1) A person commits an offence if in a street or public place he:

(a) abandons, discards, discharges or spills or causes or allows to be discharged or spilt any rubbish or other waste material or thing, whether liquid or solid, except in a receptacle for the purpose;

(b) removes from a receptacle provided for the disposal of refuse any of its contents and causes the same to be discharged from such a receptacle.

(2) A person who causes or incites another person to perform any of the acts described in subsection (1) shall also be guilty of an offence.

(3) Any material or thing that a person drops or allows to fall without being immediately retrieved by him shall for the purposes of subsection (1)(a) be deemed to have been discarded by him.

(4) Any material or thing found in a street or public place in circumstances giving rise to a suspicion that an offence has been committed under subsection (1)(a) and which bears the name of a person or in respect of which there is a reasonable suspicion that it is or was the property or under the control of that person shall for the purposes of subsection (1)(a) be deemed to have been abandoned or discarded by that person until the contrary is proved.

(5) A person who sweeps or in any other way introduces any rubbish or waste material or thing into a street or public place shall be deemed to have discarded it there for the purposes of subsection (1)(a).

(6) A person who has been observed by an authorised officer or policeman to contravene the provisions of paragraph (a) or (b) of subsection (1) may be directed by him to remove the rubbish, material or thing or to place it in a receptacle provided by or on behalf of the Council and failure to comply with such direction shall constitute an offence.

CLEANING OF SIDEWALKS AND VERGES

2.2.2 (1) An occupier of premises which are a factory as defined in subsection (3) or in or on which there is carried on any business, occupation or trade shall at all times while any activity is being carried on in the factory or while the premises are open for business or the occupation or trade is being carried on or during business hours, whichever is applicable, keep any sidewalk or verge abutting or adjoining the premises, including the gutter and kerb, free of litter and put and keep the same in a clean and satisfactory state and to this end remove all litter therefrom.

(2) The occupier referred to in subsection (1) shall cause all litter removed in terms of that subsection to be placed in refuse receptacles provided by or on behalf of the Council or, with the written consent of the authorised officer, to be disposed of in a manner approved of by him.

(3) For the purposes of subsection (1) the expression "factory" shall bear the meaning given to it by the Occupational Health and Safety Act, 1993 and the regulations thereunder.

PART 3 : OBSTRUCTIONS

OBSTRUCTIONS : OFFENCES

2.3.1 A person commits an offence if in a street or public place he:

(a) leaves anything unattended, having introduced or placed it there, so as to cause or be likely to cause an obstruction to persons or vehicles;

(b) carries, deposits, handles or introduces anything so as to be likely to obstruct or interfere with the free movement of persons or vehicles or with the use of a street or public place by persons or vehicles or to cause injury to any person or damage to any property;

(c) deposits on its surface anything for the purpose of or in the course of loading or unloading a vehicle or of delivering the same to premises having access to such street or public place for a longer period than is reasonably necessary for that purpose;

(d) obscures a road traffic sign;

(e) hangs or suspends anything above the surface thereof or causes or allows anything to protrude above such surface or to encroach upon it;

(f) gathers with or cause a gathering of other persons in a place or manner as to or as to be likely to obstruct or restrict or interfere with the movement or persons or vehicles or the use or enjoyment of the street or public place by persons or vehicles;

(g) performs any other act which has or is likely to have a result described in paragraph (b) above.

DISPOSAL OF PROPERTY FOUND IN STREET OR PUBLIC PLACE

2.3.2 (1) When anything has been left in a street or public place in contravention of section 2.3.1(a) an authorised officer or policeman may remove it to a store established by the Council for the purpose; provided that if such thing is in the opinion of an authorised officer or a policeman of no commercial value he may dispose of the same in such manner as he deems fit and the person who has committed the offence shall be liable to the Council for the costs of such disposal as determined by such officer or policeman.

(2) Things which have been removed to a store in terms of subsection (1) shall be released to any person who, within seven days after such removal or within such longer period as may be allowed by the authorised officer in charge of such store, satisfies him that he is its owner or is entitled to its possession, after payment of the cost of removal and storage as determined by such officer in accordance with a prescribed tariff of charges; provided that such officer may cause things which are of a perishable nature and have not been claimed before they have ceased to have a commercial value or before they have become offensive or a danger to health, to be destroyed or otherwise disposed of in such manner as he deems fit or to be removed to a municipal refuse dump.

(3) Things which have not been released or disposed of in terms of subsection (2) shall be sold in such manner and after such notice as the authorised officer in charge of the store deems fit, having regard for their nature.

(4) The proceeds of any sale in terms of subsection (3) shall first be applied in payment of:

(a) the cost of removal and storage as determined in terms of subsection (2);

(b) any costs which may have been incurred in attempting to trace the owner.

and the balance shall be forfeited to the Council if not claimed within one year from the date of sale by a person who establishes his legal right thereto to the satisfaction of the authorised officer in charge of the store.

(5) If the proceeds of the sale are not sufficient to meet the costs referred to in subsection (4) the owner of the things sold and the person who committed any offence in terms of these Bylaws in relation thereto shall be jointly and severally liable to the Council for payment of the unsatisfied balance.

(6) If the things cannot be sold in terms of subsection (3) the authorised officer in charge of the store may dispose thereof in such manner as he deems fit and the provisions of subsection (5) shall mutatis mutandis apply in respect of any costs incurred in effecting such disposal.

(7) The exercise of any powers conferred by this section shall not render the Council or any authorised officer or policeman liable for any loss or theft of or any damage to anything removed in terms of subsection (1).

OBSTRUCTIONS CAUSED BY PLANTS

2.3.3 (1) If a tree, shrub or other plants growing on any premises which abut a street or public place or any portion of such plant:

(a) obstructs the view of the driver of any vehicle in such street or public place;

(b) obstructs or causes a nuisance to persons using such street or public place; or

or if any part of such plant causes or is likely to cause a nuisance or a source of danger to such persons, an authorised officer may serve a notice on the owner of the premises or, if the premises are occupied by a person other than the owner, on the occupier thereof, requiring him to cut down, remove or trim the plant from which the nuisance or source of danger originates to an extent and within the period stated in the notice and any person who fails to comply with such notice within the period stated shall be guilty of an offence.

(2) If a person on whom a notice has been served in terms of subsection (1) fails to comply with the terms thereof within the period stated therein, an authorised officer may cause the work specified in the notice to be carried out and such person shall be liable to the Council for the cost of the work as assessed by such officer.

PART 4 : BEGGING, GAMBLING AND VAGRANCY

BEGGING AND GAMBLING

2.4.1 A person commits an offence if in a street or public place

(a) he:

(i) begs for money or goods or asks for or solicits anything, whether by gesture, word or otherwise;

(ii) gambles or plays any game for gain, whether monetary or otherwise;

(b) he causes or induces another to commit an offence under paragraph (a)(i) on his behalf.

VAGRANCY

2.4.2 No person who leads a vagrant life and who has no ascertainable and lawful means of livelihood or who leads an idle, dissolute or disorderly life shall enter or be in a street or public place.

CAMPING AND SLEEPING

2.4.3 A person commits an offence, if in a street or public place or on any premises or property owned by or under the control of the Council not intended for such purpose be:

(a) camps, sleeps or uses any portion thereof for the purpose of habitation, except with the express permission of the Council;

(b) lies and sleeps on any bench or seat provided for the use of the public.

PART 5 : DISPLAYS, GATHERINGS, MEETINGS

AND PROCESSIONS

GATHERINGS, MEETINGS AND PROCESSIONS

2.5.1 (1) No person shall in a street or public place convene, hold, organise or take part in any gathering, meeting or procession without the prior written permission of the Chief Constable which shall not unreasonably be withheld.

(2) Application for permission in terms of subsection (1) shall be made in writing to the Chief Constable not less than fourteen days prior to the date of commencement of the event to which the application relates, provided that the authorised officer may at his sole discretion accept a late application on good grounds shown.

(3) Applications shall, in addition to such other information as the authorised officer may require:

(a) specify the nature and purpose of the event and its date, time and duration as well as the place at or the route over which it is to be held;

(b) contain the full names, addresses, designations and telephone numbers of the convenors, holders, organisers and sponsors of the event;

(d) furnish details of equipment, machinery or vehicles to be used, as well as of any musical instruments, loudhailers, loudspeakers, radios or other devices which produce, reproduce or amplify sound.

(4) The Chief Constable may refuse an application made in terms of subsection (1) if he has reasonable grounds for believing that the event is likely to result in a breach of any law or in public disturbance or riot, damage to property, nuisance, obstruction to pedestrian or vehicular traffic, interference with the amenities of the area or to be offensive to public morals or decency or to give rise to a danger to public health or safety.

(5) In granting permission in terms of subsection (1) the Chief Constable may impose such conditions and restrictions as he deems necessary to avoid the results described in subsection (4), including the imposition of a prohibition on the use of any of the equipment, machinery or vehicles or any of the devices referred to in subsection (3)(d), and in order to ensure compliance with the provisions of these Bylaws and all other laws, including a requirement that there be furnished:

(a) a deposit or guarantee to cover damage to property of the Council and the cost of the removal of litter caused by or deposited during the event;

(b) a public liability policy to protect the Council against third party claims.

(6) An applicant who is aggrieved by a decision of the Chief Constable in terms of subsection (4) or (5) may appeal to the Mayor or the Chairman of the Council's Management Committee on giving notice in writing setting forth the grounds of appeal within two working days of receipt of notice of that decision and the decision of the Mayor or Chairman shall be final.

(7) Any permission given in terms of this section shall be subject to the provisions of sections 46 and 53 of the Internal Security Act, 1982 (Act No. 74 of 1982).

(8) Any person who convenes, holds or organises an event in respect of which permission has been granted in terms of this section who contravenes or fails to comply with a condition or restriction imposed in terms of subsection (5) shall be guilty of an offence.

(9) Any person who while present at or during an event in respect of which permission has been granted in terms of this section who in any manner causes a disturbance or commits an offence and who fails or refuses to leave after having required to so by an authorised officer or a policeman shall be guilty of an offence.

(10) Any person who is present at or during an event in respect of which permission is required in terms of this section who is warned by an authorised officer or policeman that such permission has not been obtained or that conditions or restrictions imposed in terms of subsection (5) have been contravened and who thereafter fails to leave the scene of the event or to cease participation therein when required to do so, shall be guilty of an offence.

CHAPTER 3

NUISANCES

PART 1 : GENERAL

OFFENCES

3.1.1 (1) A person commits an offence if in a street or public place or on premises he by act or omission causes or creates a nuisance or allows a nuisance to arise or exist in circumstances which are under his control; provided that the aforegoing shall not apply to the extent that a person acts lawfully in the exercise of a right or in the performance of a duty.

(2) Without limiting the generality of the provisions of subsection (1) the following shall constitute nuisances thereunder:

(a) the reproduction of noise or vibration which arises from or is caused by the operation or use of equipment or machinery;

(b) the production of harmful, noisome or offensive dust, fumes, gases, smells or smoke which arises from or is caused by any act or activity, the operation or use of equipment or machinery or the condition of any property, movable or immovable;

(c) the production of noise by or arising from or caused by the operation or use of any device which produces, reproduces or amplifies sound;

(d) the production of noise by the striking of any object;

(e) the production of noise produced by the discharge of any gun, firework or other explosive device;

(f) quarrelling, shouting, screaming, swearing or making any other loud or disturbing noise;

(g) the production of an excessively bright or a flashing or intermittent light;

except to the extent that is expressly authorised by law.

PART 2 : STREETS AND PUBLIC PLACES

NUISANCES IN STREETS AND PUBLIC PLACES

3.2.1 (1) A person commits an offence if in a street or public place he:

(a) plays any game or indulges in any past time;

(b) exposes, hangs up or lays out to dry any article or clothing or other object.

(2) After six months from the date of commencement of this subsection the registered owner of a motor vehicle to which a theft prevention alarm device has been fitted shall be guilty of an offence if the device continues sounding either continuously or intermittently for more than ten minutes after it has been activated by any cause whatsoever, whether the vehicle is in a street or public place or on premises and such a device shall be deemed to be sounding intermittently for the purpose of this subsection so long as it continues to sound at any interval without the intervention of a new cause; provided that it shall be a good defence to a charge of contravening this subsection to prove that an automatic cut-off mechanism fitted to such device had failed to operate or reasons beyond the control of the owner and without negligence on his part.

(3) If a device referred to in subsection (2) has sounded over a period in excess of ten minutes the vehicle concerned shall, if it is in a street or public place, be deemed to have been abandoned by the owner and may be removed by an authorised officer or policeman, and the provisions of subsections (2) to (7) of section 114 of the Act shall mutatis mutandis apply.

PART 3 : NUISANCES ON PREMISES

BURGLAR ALARMS

3.3.1 (1) The occupier of premises in which a burglar alarm device has been installed shall be guilty of an offence if it continues to sound either continuously or intermittently for more than ten minutes after it has been activated by any cause whatsoever, and such a device shall be deemed to be sounding intermittently for the purposes of this subsection so long as it continues to sound at any interval without the intervention of a new cause; provided that it shall be a good defence to a charge of contravening this subsection to prove that an automatic cut-off mechanism fitted to such device has failed to operate for reasons beyond the control of the occupier and without negligence on his part.

(2) When a burglar alarm device has been installed in any premises the occupier of the premises shall, unless a mechanism referred to in the proviso to subsection (1) has been fitted, either erect and maintain at the main entrance to the premises a notice specifying the names and telephone numbers of persons who have access to the premises at all times for the purpose of deactivating the device or shall arrange for an automatic response to an alarm to operate at all times.

AIRCONDITIONING APPLIANCES

3.3.2 The owner or occupier of a portion of a building, who has installed therein or who maintains and operates therein an airconditioning appliance shall ensure that such appliance is so installed, maintained and operated as to preclude -

(a) the generation of noise, smell or vibration which constitutes a nuisance to the public, including any other occupier of that building and any occupier of premises in the neighbourhood;

(b) the discharge or generation of condensate onto a street or public place so as to be a source of danger or nuisance to the public.

NUISANCES ARISING FROM THE USE OF PREMISES

3.3.3 (1) No occupier of premises shall:

(a) use them for a purpose,

(b) cause, allow or permit their use for a purpose,

which by its nature or otherwise or by reason of its consequences creates or is likely to create a nuisance.

(2) Whenever an authorised officer or a policeman of the rank of sergeant or of a higher rank is of the opinion that a contravention of subsection (1) is being committed he may instruct the occupier of the premises and any person responsible for or participating in the use, activity, event or function to take such steps as he specifies to abate the nuisance or to avoid the creation of a nuisance or, if this can only be achieved by the cessation of the use, activity, event or function, to bring it to and end forthwith or within a time prescribed by him.

LIGHTING OF FIRES

3.3.4 (1) No person shall on any premises light a fire or burn or attempt to burn any rubbish or refuse or any grass or other vegetation without taking adequate precautions to prevent the uncontrolled spread of fire or the creation of a nuisance, whether as a result of the production of ash, flames, fumes, heat, smoke or otherwise.

(2) Until proved to the contrary the owner of the premises or, if he is not in occupation of the premises, the occupier thereof, shall be deemed to have committed the offence created by subsection (1).

PROHIBITION ON SMOKING

3.3.5 (1) No person shall smoke:

(a) in an auditorium while an audience or members of an audience are present or are in the process of entering or leaving the auditorium or during an interval in any event, performance or meeting;

(b) in a passenger lift;

(c) in a bus which habitually plies for hire or carries passengers for reward within the City while passengers are present or it is plying for hire or reward;

(d) in that part of a building in which food intended for sale is displayed, handled, manufactured, packed, prepared or processed except at a time when all the food present is either pre-packed or pre-wrapped or is stored in cupboards, refrigerators or sealed containers;

(e) in those parts of a museum, art gallery or library to which the public has a right of access, whether on payment of an admission charge or not, while they are open to the public.

(2) Any person who contravenes paragraphs (a), (c), (d) or (e) of subsection (1) who fails or refuses to cease the contravention when called upon to do so by a person having charge or control of the place or bus in which the contravention is taking place shall forthwith leave it and if he fails or refuses to do so he may forcibly be removed therefrom by an authorised officer or policeman and he shall forfeit any admission fee or fare that he may have paid.

(3) The occupier of premises-

(a) referred to in paragraphs (a), (d) and (e) of subsection (1) shall display and at all times maintain in prominent positions therein and at each entrance thereto a sufficient number of prescribed signs to inform the public of the prohibition effected by this section;

(b) referred to in paragraph (d) who allows or fails to prevent any person from committing an offence of the kind referred to in that paragraph shall be guilty of an offence.

(4) The owner of a building containing a passenger lift shall affix and at all times maintain in a prominent position inside such lift at least one prescribed sign.

(5) The owner of a bus referred to in subsection (1)(c) shall affix and at all times maintain in prominent positions therein at least four prescribed signs.

(6) The provisions of this section shall not apply to -

(a) an auditorium which is not under a roof or which is not enclosed by walls;

(b) that portion of a building referred to in paragraph (e) of subsection (1) in which seating accommodation is provided for persons partaking of food or which is not under a roof or which is not enclosed by walls;

(c) any place referred to in paragraphs (a) or (e) of subsection (1) while it is occupied by persons who are present exclusively by personal invitation or who together only comprise members or employees of an association, club, company or other body of people, whether corporate or otherwise;

(d) a bus while under private charter to a body referred to in paragraph (c) above.

(7) Whenever a sign is required to be displayed in terms of this section, the display of a sign conforming to Sign PV1 (SMOKING Prohibited) of the South African Bureau of Standards' Standard Specification for Symbolic Safety Signs, S.A.B.S. 1186-1978 and which is of a size not less than that specified below shall be the prescribed sign: -

(i) in lifts - 150mm x 150mm

(ii) in buses - 190mm x 190mm

(iii) in buildings - 290mm x 290mm

CHAPTER 4

MUNICIPAL PROPERTY

GENERAL OFFENCES.

4.1 (1) A person commits an offence if in relation to any property in the ownership or possession of or under the control of the Council, whether movable or immovable, and including any street or public place, he -

(a) wilfully or negligently damages or destroys such property or any part thereof;

(b) removes any earth, sand, shale, stone, turf or any other material or part thereof;

(c) breaks, cuts, destroys or removes any bush, shrub, tree or other plant or removes any branch, flower, leaf or other part thereof;

(d) attaches to or places on or next to such property any thing, including any advertisement, bill, pamphlet, placard or poster or other illustrative, written or printed matter, or hangs or suspends any thing on or from it;

(e) defaces any such property whether by the use of chalk, ink or paint or by any other means whatsoever;

(f) extinguishes any lamp or light or displaces or removes any barricade, enclosure, fence, lamp, light, notice or sign;

(g) makes any excavation in or disturbs the surface of such property;

(h) climbs or sits upon, hangs onto or mounts any such property;

(i) introduces any object or material or erects any structure on such property;

(j) enters such property or remains there;

(k) allows, causes or permits any other person to commit any of the aforesaid acts;

unless he does so in the performance of a lawful right or duty or with the prior consent of an authorised officer or in accordance with the provisions of any law; Provided that nothing contained herein shall prevent the owner or occupier of premises from planting and maintaining grass and plants on that portion of the verge of a street which abuts such premises so long as the lawful passage of vehicular and pedestrian traffic and the lawful parking of vehicles is not thereby obstructed and the grass and plants are properly maintained and do not give rise to a nuisance.

(2) Any person who is convicted of an offence under subsection (1) shall pay to the Council the cost of remedying any loss or damage suffered by the Council as a result of the commission of that offence and the cost of the removal and disposal of any material, object or structure involved in the commission of the offence and for this purpose the provisions of section 2.3.2 shall apply.

(3) The authorised officer referred to in subsection (1) -

(a) may require an application for consent to furnish information in support of the application and a deposit or security for the costs of removal of the thing to which the application relates and the repair of any damage caused thereby;

(b) may impose such conditions or restrictions as he deems necessary or desirable;

(c) shall refuse consent if he is of the opinion that the act to which the application relates will or may be unlawful or will or may cause offence to any person or to a section of the community.

(4) If the thing is not removed in compliance with a condition imposed in terms of subsection (3) or should such removal result in any damage to the property, the cost of such removal or of the repair of the damage shall be recoverable by the COUNCIL as a civil debt from the person to whom consent was given to the extent that any deposit or security furnished in terms of subsection (3)(a) proves inadequate.

CHAPTER 5

PRIVATE PREMISES

5.1 (1) A person commits an offence if on any premises he -

(a) excavates or removes soil or other material in a position in relation to a boundary of the premises with other premises or a street or public place so as to or to be likely to remove lateral support from those premises or that street or public place or to create a source of danger to life or damage to property;

(b) being the owner or occupier of such premises allows any well, pond, reservoir, pit, hole, excavation or earthwork or any tree or other vegetation on such premises to be in such a condition or to be so unprotected as to constitute a danger to the safety of persons or property;

(c) causes or allows anything to project from the premises over or into a street or public place, except in an area zoned for industrial purposes under a town planning scheme, and to an extent necessarily consistent with the use to which the premises are put;

(d) being the owner or occupier of such premises, deposits, stores or causes, allows or permits to be deposited or stored or to accumulate so as to be visible from a street or public place abandoned, derelict or disused furniture, machinery, vehicles or other objects or parts thereof or scrap metal or other derelict or waste materials;

(e) without the consent of the owner or occupier thereof attaches or places anything to or on any premises or in any way defaces such premises, whether by the use of chalk, ink or paint or by any other means whatsoever, unless he is authorised by any law to do so.

(2) An authorised officer or policeman may order a person who has contravened or is contravening paragraph (c) or (e) of subsection (1) to remove the thing to which the contravention relates from the premises concerned within a specified time and if he fails to do so the provisions of section 2.3.2 shall mutatis mutandis apply.

SITE DEVELOPMENT WORKS AND OTHER EARTHWORKS.

5.2 (1) For the purpose of this section the expression "site development works" shall mean any earthworks upon premises the result of which would permanently change the level of any portion of the surface of the ground upon the premises.

(2) No person shall carry out, or cause or permit to be carried out, any site development works in the following areas unless he has obtained the prior written approval of the authorised officer:

(i) any "controlled area" as defined in clause 1 of the City of Durban's Town Planning Regulations;

(ii) any unstable Ecca Shale area of the City, as depicted upon City Engineer's Plan No. DMA 1074;

(iii) any area, subject to inundation by floodwaters resulting from any watercourse with a known and defined channel and with a catchment area exceeding one square kilometre from a storm with a frequency of more than 1 in 50 years as depicted upon City Engineer's Plan No. 37100;

(iv) any areas within the CITY, other than the areas referred to in paragraphs (i), (ii) and (iii) above, if the proposed permanent change in level at any point is to exceed 1 500mm.

(3) Site development work in the area referred to in subsection (2)(iv) need not obtain the prior written approval of the authorised officer if:

(i) the permanent change in level of any portion of the surface of the ground does not exceed 1 500mm, and

(ii) all banks that are created as a result of such site development works - whether they be cut or fill - have their surfaces sloped at an angle of not more than 26^o to the horizontal.

(4) No person shall raise or lower, or cause or permit to be raised or lowered, the ground level within an area that is subject to a sewer and drain servitude (or a Municipal Services servitude) without the prior written approval of the Council.

(5) Every person requiring approval for the kinds of earthworks referred to in subsections (2) and (4) above shall submit a written application therefor, in duplicate, to the authorised officer on forms obtainable from him.

(6) In cases where it is proposed to execute site development works, or earthworks as referred to in subsection (4), in conjunction with building works and the proposals have been fully documented and described as part of a building application made in terms of the National Building Regulations made under Act No. 103 of 1977 and such building application has been approved, no separate application need be made or fee paid in respect of the site development works, or earthworks as referred to in subsection (4), as shown on the approved plan relating to the building application.

(7) In all cases other than those referred to in subsection (6), application for approval shall be made in terms of subsection (5) and such applications shall be accompanied by the prescribed fee and the following documents:

(i) four complete sets of drawings showing full details of all proposed site development works or earthworks to a scale of 1: 100 or to a larger scale that shall be either 1: 50, 1: 20 or 1: 10;

(ii) four copies of a block plan, to a scale of not smaller than 1: 500, reflecting the information as set out in Part A of the Regulations referred to in subsection (6);

(iii) such other drawings or details as the authorised officer may require, which in the case of applications under subsection 2(iii) shall include details of the effect, if any, that the proposed works will have on the natural watercourse and the levels and extent of flooding on any other properties,

provided that the authorised officer may, if he considers it advisable in a particular case, reduce or relax any or all the requirements of this subsection, but may not reduce the fee.

(8) The fee in respect of any application in terms of this section shall be as prescribed by the Council from time to time.

(9) Upon the approval of an application the authorised officer shall, when conveying his decision to the applicant in writing, return two sets of each of the block plan and working drawings.

(10) Should the application be disapproved the authorised officer shall, in conveying his decision to the applicant, state his reasons for such disapproval.

(11) The owner of any site in respect of which written approval has been given for proposed site development works, shall be responsible for ensuring that the works conform in all respects to the approval given and within 14 days of the completion of such works he shall advise the authorised officer that the works have been completed.

(12) Any approval given in terms of this section shall lapse if the work has not started within 6 months of the date of approval or if the work is not completed within 12 months of the date of approval.

(13) Should approval have lapsed in terms of subsection (12) the Authorised officer may at any time thereafter serve a written notice upon the owner requiring him to restore the site concerned to its former condition within a period to be specified in such notice, which period shall be not less than 30 days from the date of such notice, and such owner shall thereupon comply with such notice.

(14) Whenever any site development works contemplated by subsection (2) or any works contemplated by subsection (4) have been carried out without the necessary prior approval in terms of this section first having been obtained, it shall be presumed, until proved to the contrary, that the owner of the land upon which the works have been carried out is the person who carried out such works.

(15) In the event of a breach of this section the authorised officer may, after the person responsible for the breach has failed to comply with the terms of a notice calling on him to remedy the breach, do all things necessary to do so and the Council may recover the costs of doing so from such person.

CHAPTER 6

MISCELLANEOUS PROVISIONS

PUBLIC MEETINGS.

6.1 The number of persons required to sign a requisition for the summoning of a public meeting by the Mayor in terms of section 207 of the Ordinance shall be two hundred and fifty.

OFFENCES RELATING TO THE DURBAN CITY POLICE.

6.2 (1) A person commits an offence if he -

(a) assaults, resists, obstructs, hinders, delays or interferes with any member of the Durban City Police in the exercise of his powers or the performance of his duties or functions or in any other way attempts to prevent the exercise of such powers or the performance of such duties or functions;

(b) offers any inducement to any such member or makes any threat, whether of violence or otherwise, in relation to such member or a member of his family or a person dependent on him or to his or their property in order to persuade or prevent such member from exercising any of his powers or performing any of his duties or functions;

(d) not being a member of the Durban City Police wears a uniform or part of a uniform or an insignia designed and intended for use by a member of the Durban City Police or an imitation of such uniform or insignia.

(2) A person found guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding R500 or imprisonment for a period of six months or to both such fine and imprisonment.

CHAPTER 7

OFFENCES, PENALTIES AND PRESUMPTIONS

PRESUMPTIONS.

7.1 (1) When an employee of a person in the course of his employment performs any act or is guilty of an omission which constitutes an offence under these Bylaws, the employer shall be deemed also to have performed the act or to be guilty of the omission and he shall be liable on conviction to the penalties referred to in section 7.2 unless he proves to the satisfaction of the Court that -

(a) in performing the act of being guilty of the omission the employee was acting without his knowledge or permission;

(b) all reasonable steps were taken by him to prevent the act or omission in question;

(c) it was not within the scope of the authority or the course of the employment of the employee to perform an act of the kind in question.

(2) The fact that an employer issued instructions forbidding any act or omission of the kind referred to in subsection (1) shall not of itself be accepted as sufficient proof that he took all steps referred to in paragraph (b) of that subsection.

(3) When an employer is by virtue of the provisions of subsection (1) liable for any act or omission of his employee, that employee shall also be liable to prosecution for the offence.

(4) In any prosecution for an offence under these Bylaws an allegation in the charge concerned that any place was situate in a street or public place or within a particular area or was a place of a specified kind shall be presumed to be correct unless the contrary is proved.

(5) In any prosecution for an offence under these Bylaws the accused shall be deemed to know the provisions of these Bylaws and to know that the offence with which he is charged is a contravention thereof unless he proves to the satisfaction of the Court that he did not have and could not reasonably be expected to have that knowledge.

OFFENCES AND PENALTIES.

7.2 (1) Any person who -

(a) contravenes any provision of these Bylaws which contravention is not expressly stated to be an offence;

(b) contravenes any condition or restriction imposed upon the granting of any application, approval, authority, consent or permission in terms of these Bylaws; or

shall be guilty of an offence.

(2) Any person who is guilty of an offence under these Bylaws shall be liable, upon conviction, to the maximum penalties prescribed by section 266(7)(a) of the Ordinance.

Nondiscrimination.

7.3 (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 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 a person into public ablution,

toilet and changeroom facilities or prescribes different standards for such facilities.

CHAPTER 8

REPEALS

8.1 Sections 2 to 131 inclusive of the General Bylaws published under Provincial Notice 26 of 1914, together with the headings applicable to such sections are hereby repealed and the title "Miscellaneous Tariffs" is hereby substituted for the title "General Bylaws" in the said Bylaws as so published.