KGALAGADI DISTRICT COUNCIL (ADVERTISEMENTS AND HOARDINGS) BYE-LAWS

(under sections 44 and 45)

(29th September, 2017)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Application

    4.    Exemption

    5.    Application for permit

    6.    Consideration of application

    7.    Maintenance of hoarding

    8.    Name and address of owner

    9.    Application for permit to advertise

    10.    Issue of permit to advertise

    11.    Advertisement to be secure

    12.    Removal of advertisements

    13.    Furnishing name and address

    14.    Obstructing view of traffic

    15.    Appeals

    16.    Hindering or obstructing an authorised official

    17.    Offences and penalties

        SCHEDULES

S.I. 104, 2017.

1.    Citation

    These Bye-laws may be cited as the Kgalagadi District Council (Advertisements and Hoardings) Bye-laws.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "advertisement" includes any notice, bill, placard, poster or similar publication;

    "authorised official" means the Council Secretary or any employee of the Council authorised as such, in writing by the Council;

    "Council" means the Kgalagadi District Council;

    "council area" means the Kgalagadi District Council;

    "hoarding" means any structure used as an advertisement or used for exhibiting any advertisement;

    "owner" means, in relation to any lot or premises, a person in whose name the title to such lot or premises is registered, and includes an agent of the owner or any person receiving or entitled to receive rent in respect of such lot or premises;

    "planning area" means those areas declared as such by the Minister of Lands and Housing under the Town and Country Planning Act (Cap. 32:09);

    "premises" means any building or part thereof, store, shop, tenement or other erection under, on or above the ground and the land occupied by the building, store, shop, tenement or other erection under, on or above the ground; and

    "street" means any highway, public bridge, road, lane, footway, square, recreation ground, court, alley or passage, whether a thoroughfare or not, and includes any works or thing forming part of or connected with such street.

3.    Application

    These Bye-laws shall apply to all planning areas of the Kgalagadi District Council as set out in the Administrative Districts Act (Cap. 03:02).

4.    Exemption

    (1) These Bye-laws shall not apply to any advertisement on any board, support or framework carried by any person to—

    (a)    hoardings which form a temporary part of any building operation shielding any work in progress or to protect the public from any hazard arising from work in progress; or

    (b)    any hoarding erected on privately owned business for the purpose of advertising the said premises for sale.

    (2) The Council may direct the person erecting any advertisement or hoarding under subbye-law (1) to remove it or reposition it for any reason set out in these Bye-laws.

5.    Application for permit

    (1) A person shall not erect a hoarding in any place within the council area without a permit issued by the Council.

    (2) Any person who wishes to erect a hoarding shall make an application to the Council for a permit in Form 1 set out in Schedule 1, accompanied by detailed pictorial or architectural representation of the hoarding and its location as well as the fees specified in Schedule 2.

    (3) In addition to the requirements set out in subbye-law (2), an application for the erection of a hoarding within a road reserve shall be accompanied by the written consent from the Government Department responsible for roads, stating that the hoarding may be erected.

    (4) A permit obtained under this bye-law shall be issued in Form 2 set out in Schedule 1 and shall be valid for 12 months from the date of issue.

    (5) Any person who contravenes the provisions of this bye-law commits an offence and is liable to the penalties specified under bye-law 16.

6.    Consideration of application

    (1) The Council may, where an application made under bye-law 5 meets all the requirements under these Bye-laws, issue a permit for the erection of a hoarding.

    (2) The Council may reject an application for the erection of a hoarding if it considers that the proposed hoarding—

    (a)    will be a distraction or visual obstruction to traffic, or will in any way interfere with the free movement of traffic, including pedestrians;

    (b)    is objectionable in substance, presentation or scale;

    (c)    will spoil the appearance of any improved or developed area set aside for industrial development, a park or other recreational purpose; or

    (d)    will be offensive to any occupier or residential premises adjacent to, facing or abutting the site of the proposed hoarding.

7.    Maintenance of hoarding

    (1) The owner or any person in receipt of any rent or profits from the use of any hoarding, shall maintain such hoarding in a proper state of repair and security to the satisfaction of the Council, failing which the Council may remove such hoarding at the expense of the owner, and in his or her default, or at the expense of any person in receipt of any rent or profit from the use of the hoarding.

    (2) The removal of the hoarding by the Council as referred to in subbye-law (1) shall not relieve the owner from any penalty provided for under these Bye-laws.