Know your municipal by-laws
I have decided to open this new column by introducing two common topics, both of which have created enormous problems in the lives of neighbours in most residential areas.
These are animals and parking.
Animals
People who keep animals in a residential area need to meet the requirements of the by-laws. And these requirements differ according to the type of animal.
According to the Ekurhuleni Metropolitan Municipality (EMM), the by-laws governing the ownership and keeping of animals in a residential area are as follows:
(1) No person shall keep any animal or bird which disturbs the public peace.
(2) No person shall without a permit issued by the council keep any wild or dangerous animal, reptile or insect which has an inherent propensity to attack human beings or animals, or the keeping of which is likely to become a nuisance or injurious to the health of or is fraught with danger to any person.
(3) Any animal, reptile or insect, the keeping of which is prohibited in terms of subsection (2) may if found at large, be removed by any authorised officer or authorised official and the cost of so doing may be recovered from any such person.
(4) Any such animal as is referred to in subsection (2) of this section found at large or apparently abandoned within the metropolitan area may be destroyed by the authorised officer or authorised official without any further warrant than this by-law and the council shall cause such animal to be removed and buried and the owner or the person who last had the animal in captivity shall be liable, in addition to any penalty under this by-law, to pay to the council a reasonable sum to defray the cost of destruction and removal and burial of such animal and shall be liable to prosecution.
(5) No person being the owner or having the charge or control of any animal whatsoever, whether domesticated or not, shall allow or permit such animal to cause any annoyance, offence or inconvenience to any person in any street or cause any obstruction or inconvenience to traffic generally.
Another issue affecting our neighbourhoods is parking.
Parking
(1) No person shall park a vehicle with a tare (weight) of 3 500kg or more for a period exceeding one hour at any time after sunset and before sunrise on the roadway, verge or sidewalk of a street within a residential area.
(2) The council may exempt any medical practitioner from the provisions of any by-law relating to the parking of a motor vehicle.
(3) The exemption contemplated in subsection (1) shall apply only where (a) the motor vehicle concerned is parked to enable such medical practitioner to perform his professional duties at any place other than his consulting room; and (b) a decal is issued by the council under its stamp.
(4) A medical practitioner to whom a decal as contemplated in subsection 3(2)(b) has been issued, shall immediately hand in such decal at the offices of the council when the motor vehicle to which it relates is no longer used in the course of the medical practitioner’s professional duties, and any abuse of such decal shall, notwithstanding any other recourse also result in the immediate withdrawal thereof.
Parking attendants
No parking attendant or car watcher may, when on duty:
• Tamper with, activate or operate a parking meter.
• Wash a car on a public road or in a public place and interfere with the movement of traffic or pedestrians.
• Demand a donation or fee for guarding a driver’s vehicle.
• Refuse to obey a lawful order from an authorised person or an authorised officer.
• Harass or threaten motorists, damage or threaten motorists by any other means.
• Involve him or her in any form of criminal activity.
• Be under the influence of alcohol or any narcotic substance or consume or use any alcohol or narcotic substance. • Be untidily dressed.
• Refuse to produce proof of his or her identity when requested to do so by an authorised officer of a person who requires it for his or her information relating to the service rendered.
• Refuse to subject himself or herself to an alcohol and drug test when called upon to do so.
• Ignore any by-laws of the council, contravene or fail to comply with any other law.
• No parking attendant or car watcher may refuse to subject himself or herself to a security scan.
