Nuisance by-law

by | Dec 13, 2023 | Blog, Building and Town Planning

Hi Community

Over this busy season please be aware of the Nuisance by-law. Apologies for the poor English but that’s how it’s written:


CHAPTER I GENERAL PROVISIONS RELATING TO PUBLIC NUISANCES

3. Behaviour and conduct (1) No person may –

(a) do work on or use any premises in such a manner that it interferes with the convenience or comfort of other people or that it becomes a source of danger to any person;

(b) carry on any trade, business, profession or hobby which may be a source of discomfort or annoyance to other people;

(c) deposit, leave, spill, drop or place any fruit or vegetable peels, broken bottles, glass, refuse, garden refuse or thing which is offensive or likely to cause annoyance, danger or injury to persons;

(d) allow the fencing of any premises to fall into a state of disrepair or to become unsightly or dilapidated;

(e) allow any building or structure or any portion thereof to fall into a dilapidated, neglected or unsightly state;

(f) use any stoep, verandah or alley of any shop or business premises or vacant land adjoining such shop or business premises for the purpose of storing, stacking, dumping, disposing, displaying or keeping articles or merchandise;

(g) enclose any stoep or verandah of any shop or business premises by any means otherwise than by such means as approved by the municipality;

(h) disturbance the comfort, convenience, peace or quiet of other people by the use of electrical appliances or machinery whether malfunctioning or not;

(i) befoul, misuse or damage public toilets;

(j) carry or convey in any street or public place, any objectionable material or thing, which is or may become offensive or dangerous, unless such material or thing is suitably covered;

(k) allow any erf to be overgrown to such an extent that it may be used as a shelter by vagrants, wild animals or vermin or may threaten the safety of any member of the community;

(l) by an action allow that a nuisance be created or continued;

(m) bathe or wash him- or herself or any animal, article or clothing in a public stream, pool, water trough, hydrant, fountain or at any place which has not been set aside by the municipality for such purpose;

(n) at any time disturb the public peace by making unseemly noises in any manner whatsoever;

(o) cause a nuisance by loitering in any street or public place;

(p) advertise wares or services by means of any megaphone, loudspeaker, or similar device or by insistent shouting, striking of gongs, blowing of horns or ringing of bells;

(q) in any street or public place use any abusive or threatening language;

(r) cleanse or wash any vehicle or part in any street or public place;

(s) discharge any fire-arm, airgun or air pistol on any premises except premises or land zoned for agricultural purposes and which does not form part of a general plan for a township.

(2) (a) In the event of a contravention of section 3(1)(a) to (l), the municipality may issue a notice on the owner, occupier or alleged offender to terminate the action or to abate the nuisance created. In the event of non-compliance with such order and without prejudice to the municipality’s right to prosecute, the municipality may take the necessary steps to remove the cause or source of the nuisance and any costs incurred in connection therewith may be recovered from the person responsible for the nuisance or the owner or occupier of the 5 premises whether or not such owner or occupier is responsible therefore.

(b) Where any vacant or developed premises or land in the vicinity of a street is used by unauthorised persons or where any of the materials or things mentioned in subsection (l) are dumped or deposited on such premises, the municipality may serve a written notice on the owner or occupier requiring him or her to enclose or fence it in to its satisfaction by a date specified in the notice. Every such enclosure or fence must be so constructed that it will effectively prevent the entry of unauthorised persons and the dumping of materials and things.

(3) For the application of this by-law, any action or condition on any premises that endangers the safety of any person or property or which is untidy, annoying, troublesome, offensive or disturbing to the peace of other people, shall be considered a public nuisance.

(4) Any person who contravenes or fails to comply with any provisions of this section or fails to comply with any notice lawfully given thereunder is guilty of an offence.

Click here for the full by-law document.

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