Refuse Removal Bylaws

P.N. 97/85

REFUSE REMOVAL BYLAWS

Definitions

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

"building's refuse" means refuse generated by demolition, excavation or building activities on premises;

"bulky refuse" means refuse which cannot by virtue of its mass, shape, size or temporary extraordinary generation conveniently be stored in a refuse receptacle or container, but shall not include builder's refuse or special domestic refuse;

"City Engineer" means the person appointed as such by the Council from time to time or authorised to act in that capacity, and includes any Deputy City Engineer, the Director, Development and Housing and any other officer of the Council's nominated by it to discharge all or part of the functions of the City Engineer under these bylaws to the extent of such nomination;

"City Medical Officer of Health" means the person who from time to time holds the position as such either substantively or in an acting capacity from the Council and includes any Deputy City Medical Officer of Health;

"Council" means the City Council of Durban;

"disposal site" means a site for the disposal of refuse which is owned by the Council or has been approved for the purpose by the City Engineer;

"domestic refuse" means refuse of a kind normally produced or generated on residential premises, and the manure or dung of any animal or bird kept as a domestic pet, but shall not include sand, earth, liquid matter, garden refuse or the carcass of any animal or special domestic refuse;

"garden refuse" means refuse which is generated as a result of normal gardening activities on any premises, such as grass cuttings, leaves, plants, flowers, weeds, clippings of trees, hedges or fences and other similar small and light matter;

"industrial refuse" means refuse in solid form which is generated as a result of activities carried on in premises falling within the meaning of "factory" as defined in the Basic Conditions of Employment Act, 1983 (Act 3 of 1983) but shall not include builder's refuse, special industrial refuse or trade refuse;

"occupier" includes any person in actual occupation of premises without regard to the titled under which he occupies, if any;

"owner" in relation to premises means:

(i) the person who from time to time is registered as such in a deeds registry as defined in the Deeds Registries Act, 1937 (Act 47 of 1937); or

(ii) in cases where such person is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration of his property is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative; or

(iii) where a sectional title register has been opened in terms of section 8 of the Sectional Titles Act, 1971 (Act 66 of 1971), the body corporate as defined in that Act; and includes any persons receiving rent for such premises whether on his own account or as a agent for a person entitled thereto;

"refuse container" means a container other than a refuse receptacle and whether wheeled or otherwise, designed for the temporary storage and removal of refuse which is supplied by the Council in terms of section 3(4) or by a contractor approved in terms of section 2(3);

"refuse receptacle" means a receptacle which complies with either South African Bureau of Standards specification 493-1973: Steel refuse bins or 1310-1980: Refuse bins of polymeric materials, both as published by General Notice 463 of 9 July 1982;

"residential purposes" means premises occupied for the purpose of human habitation, but excludes an accommodation establishment as defined in section 1 of the Hotels Act, 1965 (Act 70 of 1965);

"special domestic refuse" means refuse discarded from residential premises which cannot by virtue of its mass, shape or size be conveniently stored in a refuse receptacle or container;

"tariff charge" means the appropriate charge as set out in the tariff of charges adopted by the resolution of the Council from time to time;

"trade refuse" means refuse generated in the course of the conduct of a business which is required to be licensed in terms of the Licences and Business Hours Ordinance, 1973 (Ordinance 11 of 1973), or which is exempt from the provisions of that Ordinance.

(P.N. 97/85)

1A Nondiscrimination

(1) Subject to the provision 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 provisions 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 change room facilities or prescribes different standards for such facilities.

(M.N. 43/92)

Collection and removal of refuse

2. (1) The occupier of every premises upon which refuse is generated or, in the case of premises which are occupied by more than one person, the owner of such premises, shall in compliance with these bylaws make provisions for the temporary storage of such refuse and for its collection and removal therefrom, either by the Council or, subject to subsections (2), (8) and (11), by a refuse removal contractor approved in terms of subsection (3), and failure to do so shall be a contravention of these bylaws.

(2) The service provided by the Council for the collection and removal of refuse shall be used in respect of premises on which domestic refuse or both domestic and trade refuse is generated and such service may be used in respect of premises on which trade refuse or industrial refuse is generated; provided that the Council shall not be obliged to collect and remove industrial refuse and the City Engineer may by written notice to the occupier of premises give directions as to its disposal.

(3) Subject to the provisions of subsection (2), trade refuse and industrial refuse may be collected and removed from premises by a contractor approved in writing by the City Engineer for the purpose, which approval may be withdrawn by the City Engineer at any time. Application for approval as a refuse removal contractor shall be made to the City Engineer on the form prescribed by him.

(4) Approval contemplated by subsection (3) may be granted or refused at the discretion of the City Engineer and shall be subject to such conditions, whether as to period of validity, the type of refuse which may be dealt with thereunder, or otherwise, as the City Engineer may impose.

(5) No person shall hold himself out to be, or acts as a refuse removal contractor who has not been approved as such in terms of subsection (3) or whose approval has expired or been withdrawn and no refuse removal contractor shall contravene any condition imposed in terms of subsection (4).

(6) No person shall employ as a refuse removal contractor a person who has not been approved as such in terms of subsection (3).

(7) A person who intends to engage the services of an approved refuse removal contractor shall notify the City Engineer in writing of that fact and shall likewise notify the City Engineer whenever such engagement is terminated.

(8) The City Engineer may, if refuse is not being collected and removed to his satisfaction from any premises by an approved refuse removal contractor, by written notice to the owner or occupier of those premises require him to terminate the services of such contractor and to use the service provided by the Council for the collection and removal of refuse with effect from a date specified in such notice.

(9) In the event of the occupier or owner of premises having notified the City Engineer in terms of subsection (7), such occupier or owner shall ensure that such refuse is collected and removed in terms of the provisions of these bylaws within a reasonable time after the generation thereof.

(10) A person approved in terms of subsection (3) may not remove refuse from premises unless the occupier or owner of such premises has notified the City Engineer in writing that he has entered into a contract with such person for the removal of such refuse and that the Council should not provide a service to the premises for its removal.

(11) Notwithstanding anything in these bylaws to the contrary, the occupier of premises may himself remove or cause to be removed by his employees industrial refuse generated thereon to a disposal site.

(12) Whenever there is a change in the occupation or ownership of premises, the new occupier or owner, as the case may be, who will be liable, in terms of subsection (1), to comply with the requirements of that subsection, shall forthwith notify the City Engineer in writing of such change and furnish him with such particulars as he may require.

(13) The occupier or owner of premises, as the case may be, who is liable to comply with the requirements of subsection (1) shall notify the City Engineer in writing of any change in the nature of the use to which such premises are put or any change in the nature, mass or volume of refuse generated thereon which in any way affects the application of these bylaws or the tariffs for any service rendered by the Council in terms thereof.

(14) The occupier or owner of premises, as the case may be, who is liable to comply with the requirements of subsection (1) shall be liable to the Council for the tariff charge for any service rendered by it in respect of the collection and removal of refuse in terms of these bylaws.

(15) Every occupier of new premises or premises on which the generation of domestic or trade refuse is about to be commenced, or in the case of premises being occupied by more than one person, the owner of such premises, shall prior to the commencement of the generation of such refuse notify the Council in writing -

(a) that the premises are being occupied; and

(b) whether trade refuse or domestic refuse or both is or are to be generated on the premises.

(16) Any person who is aggrieved by a decision of the City Engineer under subsection (3) or (4) of this section may appeal to the Council or the committee of the Council to which this function has been lawfully delegated and the decision of the Council or such committee shall be final and binding.

(P.N. 97/85)

Refuse receptacles.

3. (1) Subject to the provisions of subsection (4), every occupier or owner referred to in section 2(1) shall provide on his premises such number of refuse receptacles as is adequate for the purpose of the temporary storage of all refuse, other than garden, special domestic and special industrial refuse, as may be generated on his premises pending its removal in terms of these bylaws.

(2) The occupier or owner referred to in subsection (1) shall ensure that refuse receptacles provided by him in terms of that subsection -

(a) are maintained in a sound and serviceable condition and that receptacles which are no longer capable of being so maintained are replaced by him; and

(b) are kept on the refuse storage area provided in terms of section 116 of Chapter V. bis of the Council's Building Bylaws.

(3) Whenever the City Engineer or the City Medical Office of Health is of the opinion that a person has not complied with the provisions of this section he may cause a written notice to be served on such person calling upon him to comply with such provisions within a period specified in the notice.

(4) The Council may at its sole discretion supply refuse containers to premises if, having regard to the quantity of refuse generated on the premises concerned, suitability of such refuse for storage in such containers and the accessibility of the refuse storage area to the Council's refuse collection vehicles, it considers such containers more appropriate for the storage and removal of refuse than receptacles referred to in subsection (1).

(5) No container supplied by the Council in terms of sub-section (4) may be used for any purpose other than the storage of trade, domestic, industrial or garden refuse and no fire shall be lit in such container.

(6) The provisions of these bylaws shall mutatis mutandis apply to wheeled refuse containers supplied in terms of subsection (4) as if they were receptacles referred to in subsection (1), provided that they shall remain the property of the Council and may at any time either be replaced or removed by it. In the event of their removal for a purpose other than one of a temporary nature, the occupier or owner of the premises concerned, as the case may be, shall forthwith comply with the requirements of sub-section (1).

(7) The occupier or owner of premises shall be responsible for the safekeeping of any refuse containers supplied to his premises in terms of subsection (4) and shall be liable to the Council for the loss thereof or any damage thereto except such as has been caused by the Council's employees.

Duties of owner or occupier

4. Every occupier of premises, or in the case of premises being occupied by more than one person, the owner of such premises, shall ensure that -

(a) all the domestic or trade refuse generated on the premises is placed and kept in refuse receptacles or refuse containers for removal by the Council or by a refuse removal contractor approved by the City Engineer in terms of section 2(3) and that all other refuse, other than garden refuse, is placed and kept in containers approved by the City Engineer for the purpose until it is removed in terms of these bylaws; provided that the provisions of this subsection shall not prevent any occupier, or owner as the case may be -

(i) with the prior written consent of the City Engineer, from selling or otherwise disposing of corrugated cardboard, paper, glass or other material being an element of trade refuse, for recycling in a manufacturing process or, with the prior written consent of the City Medical Officer of Health, from using swill for animal consumption; and

(ii) from utilising such domestic refuse as may be suitable for making compost, provided that the refuse remains on the premises and all reasonable steps are taken to avoid a nuisance or health hazard;

(b) no hot ash, unwrapped glass fragments or other refuse which may cause damage to refuse receptacles or refuse containers or disposable plastic bags supplied by the Council under section 6 or which may cause injury to the persons or vehicles employed in removing the refuse from the premises is placed in refuse receptacles or refuse containers before he has taken such steps as may be necessary to avoid such damage or injury;

(c) no material, including any liquid, which by reason of its mass or other characteristics is likely to render such refuse receptacles or disposable plastic bags supplied by the Council under section 6 unreasonably difficult for the Council's employees to handle or carry, is placed therein;

(d) every refuse receptacle and wheeled refuse container on the premises is properly covered by means of the lid or other covering supplied therewith so as to prevent any nuisance or health hazard, save when refuse is being deposited therein or discharged therefrom, and that every receptacle or container is kept in a clean and hygienic condition; and

(e) all refuse which is to be removed to a disposal site and has toxic or other harmful properties is suitably treated by a person approved by the City Engineer and to the City Engineer's satisfaction.

Collection and removal of refuse

5. (1) The City Engineer shall from time to time determine the day or days upon which refuse which is to be removed by the Council in terms of these bylaws will be collected in the various areas of the City.

(2) On the day or days which have been determined in terms of subsection (1) for a particular area every owner or occupier, as the case may be, of premises within that area to whom a wheeled refuse container has been supplied in terms of section 3 (4) or to whom disposable plastic bags have been supplied in terms of section 6 shall, unless otherwise directed by the City Engineer, place such container or any bag or bags containing refuse immediately inside the boundary of the premises and adjacent either to the pedestrian or the vehicular access to the premises from a street.

(3) Notwithstanding the provisions of these bylaws, the owner or occupier, as the case may be, of premises on which industrial refuse is generated or of premises used for keeping equine or bovine animals for the purpose of business or trade shall when required by the City Engineer in writing to do so and in accordance with such directions as he may give from time to time, remove such refuse or cause the same to be removed either to a disposal site or to an incinerator of the Council at the discretion of the City Engineer or to be disposed of in such other manner as may be approved by the City Engineer and in any event as often as may be necessary to prevent any nuisance or danger to health arising therefrom and shall also comply with any notice to remove such refuse which may be served upon him under the hand of the City Medical Officer of Health in terms of section 14; provided that the City Engineer may on written application by the owner or occupier agree to collect and remove solid refuse from such premises having regard to the nature and quantities thereof.

(4) No owner or occupier, as the case may be, of any premises shall, unless permitted to do so by the City Engineer in terms of the proviso hereto, deposit or allow to be deposited any refuse other than domestic refuse in any refuse receptacle or container the contents of which are removable free of charge by the Council; provided, however, that where any such owner or occupier has made arrangements for the removal by the Council of an assessed quantity of any such other refuse on payment of the tariff charge, he may be permitted by the City Engineer in writing to deposit such assessed quantity of other refuse in the receptacle provided for the reception of domestic refuse.

(5) The owner of occupier of any premises on which bulky and loose refuse of any kind is produced, kept, or accumulated, shall, when required thereto under notice in writing from the City Engineer , tie up securely or cause to be tied up securely such refuse into bales or bundles of convenient size.

Supply of disposable plastic bags.

6. (1) Except when a refuse container has been supplied in terms of section 3(4), the Council shall at its own cost provide the owner or occupier, as the case may be, of premises upon which domestic refuse is generated with one disposable plastic bag for each refuse receptacle provided in terms of section 3(1).

(2) On each occasion that refuse is collected by the Council in terms of these bylaws, the Council will supply one new disposal plastic bag for every full disposable plastic bag which is removed.

(3) No owner or occupier to whom one or more disposable plastic bags have been supplied in terms of this section shall deposit or cause to permit to be deposited any refuse in a refuse receptacle except in such bags.

Access to premises

7. (1) The occupier or owner of premises to which the Council provides a refuse removal service, as the case may be, shall grant the Council convenient access to the premises for the purpose of collecting and removing refuse and shall ensure that nothing obstructs, frustrates or hinders the Council and its employees in the carrying out of its service.

(2) If in the opinion of the City Engineer the collection or removal of refuse from any premises is likely to result in damage to the premises or the Council's property, or injury to the refuse collectors or any other person, it may as a condition of rendering a refuse collection service in respect of the premises, require the owner or occupier to indemnify it in writing in respect of any such damage or injury or any claims arising therefrom.

Accumulation of refuse

8. Where any refuse accumulates on premises so as to constitute a nuisance or so as to render it likely that a nuisance will be created thereby, the Council may make a special removal of such refuse and the owner of occupier shall be liable in respect of such special removal to pay the tariff charge therefor.

Removal and disposal of garden, special domestic and bulky refuse.

9. (1) The occupier or, in the case of premises occupied by more than one person, the owner, or premises on which garden special domestic or bulky refuse is generated shall ensure that such refuse is disposed of in terms of this section within a reasonable time after the generation thereof; provided that garden refuse may be retained on the premises for the making of compost.

(2) Any person may remove and dispose of his own garden, special domestic and bulky refuse.

(3) Garden, special domestic and bulky refuse shall, once it has been removed from the premises on which it was generated, be deposited on a site designated by the Council as a disposal site for such refuse against payment of the tariff charge; provided that the owner or any occupier of the premises on which garden refuse was generated may deposit such refuse by means of a vehicle not exceeding one ton pay load capacity at a specially designated garden refuse disposal site free of charge.

(4) At the request of the owner or any occupier of premises the Council may at the tariff charge remove garden, special domestic and bulky refuse from premises, provided that the Council is able to do so with its refuse removal equipment.

Responsibility for builder's refuse.

10. (1) The owner of premises on which builder's refuse is generated and the person engaged in the activity which causes such refuse to be generated shall ensure that:

(a) such refuse is disposed of in terms of section 11 within a reasonable time after the generation thereof; and

(b) until such time as builder's refuse is disposed of in terms of section 11 and subject to the provisions of section 37 of the Council's Building Bylaws, such refuse together with the containers used for the storing or removal thereof, is kept on the premises on which it was generated.

(2) Builder's refuse may be removed by the builder himself or by a contractor approved by the City Engineer in terms of section 2(3).

Disposal of builder's refuse.

11. (1) Subject to the provisions of subsection (2) hereof all builder's refuse shall be deposited at the Council's disposal sites and the person depositing the refuse shall be liable to pay the tariff charge therefor.

(2) Builder's refuse may, with the written consent of the City Engineer, be deposited at a place other than the Council's disposal sites for the purpose of reclamation of land.

(3) Any consent given in terms of subsection (2) shall be subject to such conditions as the City Engineer may deem necessary; provided that in giving or refusing his consent or in laying down conditions the City Engineer shall have regard to:

(a) the safety of the public;

(b) the environment of the proposed disposal site;

(d) the expected manner and times of depositing of refuse at the site;

(e) the levelling of the site;

(f) the control of dust; and

(g) other relevant factors.

Refuse suitable for use.

12. Notwithstanding anything contained in these bylaws, no charge shall be payable in respect of the depositing at a disposal site of refuse approved of by the City Engineer, as being suitable for top cover, road surfacing or other purposes connected with such site.

Powers of City Medical Officer of Health to require refuse to be specially dealt with

13. (1) If the City Medical Officer of Health is of the opinion that, in order to avoid any health hazard or nuisance arising, special measures for the collection, temporary storage or disposal of any refuse should be adopted or that such refuse should be specially treated to render the same inoffensive or non-injurious to health he may serve written notice on the occupier of any premises or in the case of vacant land, the owner thereof, to carry out any of the aforesaid measures as he may stipulate in his notice and within such time as he may stipulate.

(2) The owner or occupier of any premises shall, on being served with a notice to that effect signed by the City Medical Officer of Health -

(a) either remove any refuse which is likely to be offensive or injurious to health from such premises and dispose thereof in such manner as may be stipulated in such notice; or

(b) when permitted by the terms of such notice treat any refuse on such premises so as to render it innocuous and in-offensive and so as to prevent infestation thereof by flies, mosquitoes, rats and other vermin.

(3) Any owner or occupier who refuses to carry out the measures specified in a notice given under this section or who fails to comply therewith within the time specified in the notice shall be guilty of an offence and the City Medical Officer of Health may arrange for such measures to be carried out at the expense of the person on whom the notice was served.

Removal of refuse or offensive matter along street.

14. (1) Any person removing or conveying any refuse or other offensive matter or any builder's refuse shall remove the same by means of a properly constructed and enclosed vehicle and in such manner as will prevent any nuisance arising from such conveyance or the escape of the contents therefrom; provided that no refuse shall be conveyed from any premises along a street or public place in order to gain access to a refuse storage area located elsewhere on the same premises except in the case of premises in respect of which the plan or plans approved in terms of the Building Bylaws prior to the date of promulgation of these bylaws reveals that the only possible means of gaining access to the said refuse storage area is along a street or public place.

(2) The City Medical Officer of Health may serve a written notice upon any person restricting or stipulating the means to be adopted and specifying the times during which refuse may be conveyed through or along any street or public place if he is of opinion that the conveyance of such refuse is likely to be objectionable or give rise to a nuisance. Any person who fails to comply with the requirements of subsection (1) of this section or with any notice given under this subsection shall be guilty of an offence.

Notification of generation of special industrial refuse.

15. (1) The occupier of premises on which special industrial refuse is generated shall inform the City Engineer in writing of the composition thereof, the quantity generated, how it is stored, and how and when and by whom and to which place, it will be removed.

(2) If so required by the City Engineer the notification referred to in subsection (1) shall be substantiated by an analysis certified by a duly qualified industrial chemist.

(3) Subject to the provisions of section 192 of the Local Authorities Ordinance, 1974 (Ordinance 25 of 1974), any officer or servant of the Council any other person duly authorised by the City Engineer may enter premises at any reasonable time to ascertain whether special industrial refuse is generated on such premises and may take samples and test any refuse found on the premises to ascertain its composition.

(4) Having notified the City Engineer in terms of subsection (1), the person mentioned in that subsection shall notify the City Engineer in writing of any change in the composition and quantity of the special industrial refuse occurring thereafter.

Storing of special industrial refuse.

16. (1) The person referred to in section 15(1) shall ensure that the special industrial refuse generated on the premises is kept and stored thereon in terms of subsection (2) until it is removed from the premises in terms of section 17.

(2) Special industrial refuse stored on premises shall be stored in such manner that it cannot become a nuisance or pollute the environment.

(3) If special industrial refuse is not stored in terms of subsection (2) on the premises on which it is generated the City Engineer may in writing order the person referred to in section 15(1) or, in the case of vacant land, the owner thereof to remove such refuse within a reasonable time and, if thereafter such refuse is not removed within such time, the Council may by itself or through a contractor remove it at the expense of such person or the owner, as the case may be.

Removal of special industrial refuse.

17. (1) No person shall remove special industrial refuse from the premises on which it was generated without, or otherwise than in terms of, the written consent of the City Engineer.

(2) The City Engineer may give his consent in terms of subsection (1), subject to such conditions as he may deem fit. In laying down conditions the City Engineer shall have regard to -

(a) the composition of the special industrial refuse;

(b) the suitability of the vehicle and container to be used; and

(3) The City Engineer shall not give his consent in terms of subsection (1) unless he is satisfied that the person applying for such consent is competent and has the equipment to remove the special industrial refuse and to comply with the conditions laid down by the City Engineer.

(4) The person referred to in section 15(1) shall inform the City Engineer, at such intervals as the City Engineer may stipulate of the removal of special industrial refuse, the identity of the remover, the date of such removal, and the quantity and the composition of the special industrial refuse removed.

Liquid Waste.

18. Subject to any directions that may be given under section 5(3), no person shall deliver to or discharge at a disposal site any liquid refuse or cause the same to be done, except with the prior written permission of the City Engineer and in accordance with such conditions as may be imposed by him.

19. No person shall deliver or to discharge at a municipal disposal site the following liquid refuse:

(a) inflammable refuse, i.e. refuse which will ignite when exposed to a naked flame;

(b) putrescible refuse;

(d) refuse which separately or in admixture with other refuse will create a health hazard or a nuisance.

20. Any costs as determined by the City Treasurer which may be incurred by the Council in remedying damage or in abating any nuisance caused by the discharge of liquid refuse at a disposal site in contravention of the provisions of these bylaws or any condition imposed upon the grant of permission under section 18 and the amount of any legal liability or costs incurred by the Council in respect of any claim arising from any such nuisance shall be borne by and be recoverable from the owner of such refuse.

Conduct at Disposal Sites

21. (1) Every person who, for the purpose of disposing of refuse enters a disposal site controlled by the Council, shall:

(a) enter the disposal site at an authorised access point indicated as such;

(b) present the refuse for weighing in the manner required by the Council's official having authority at such site;

(d) follow all instructions given to him in regard to access to the actual disposal point, the place where and the manner in which the refuse should be deposited; and

(e) provide the said official with full information as to the person who is liable to pay the tariff charge for the refuse deposited to enable an account to be rendered to him;

provided that the provisions of paragraphs (b), (c) and (e) above shall not apply to a person who, in term of section 9(3), has entered a specially designated garden refuse disposal site for the purpose of disposing of garden refuse.

(2) No person shall bring any intoxicating liquor onto a disposal site controlled by the Council.

(3) No person shall enter a disposal site controlled by the Council for any purpose other than the disposal of refuse in terms of these bylaws and then only at such times and between such hours as the Council may from time to time determine.

(4) No person shall cause or allow a vehicle in his charge to remain at a disposal site for longer than is necessary for the discharge of refuse and if for any reason a vehicle becomes incapable of leaving the site under its own power the person having charge of that vehicle shall take immediate steps to prevent any obstruction on the site by the vehicle and to remove it from the site, failing which the Council's official having authority at the site may take such steps or cause them to be taken at the cost of the owner of the vehicle and neither the Council nor any employee of the Council shall incur liability to the owner for any loss or damage which may be suffered by him as a result of such action.

OWNERSHIP OF REFUSE

22. All refuse removed by the Council and all refuse on disposal sites controlled by the Council shall be the property of the Council and no person who is not duly authorised by the Council to do so shall remove or interfere therewith.

OFFENCES AND PENALTIES

23. (1) Any person who -

(a) contravenes any provision of these bylaws; or

(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of these bylaws; or

shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed for the offence by section 266(7)(a) of the Local Authorities Ordinance, No. 25 of 1974.

(2) Failure to comply with the terms of any condition or notice referred to in subsection (1)(b) or (c) above shall constitute a continuing offence and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.