SELEBI-PHIKWE TOWN COUNCIL (PUBLIC STANDPIPES) BYE-LAWS
(under regulations 34 and 35)
(16th April, 1981)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Supply of standpipe water to occupier, etc.
4. Supply of water to other persons
5. Use of public standpipe water
6. Power to withhold supply of public standpipe water
7. Inspection of public standpipes
8. Misuse of water
9. Damage to public standpipe
10. Pollution
S.I. 31, 1981.
These Bye-laws may be cited as the Selebi-Phikwe Town Council (Public Standpipes) Bye-laws*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-laws, unless the context otherwise requires
“authorised officer” means the Town Clerk or an officer of the local authority duly authorised in writing by the Town Clerk to inspect public standpipes;
“designated area” means an area within the township which has been allocated to persons for occupation and in respect of which a certificate of rights or a temporary occupancy permit has been issued;
“local authority” means the Selebi-Phikwe Town Council;
“occupier” means any person who is residing in a designated area;
“public standpipe” means a water supply point in a designated area intended for use by the occupants;
“unauthorised connection or attachment” means a connection or attachment to a public standpipe without the written permission of the local authority.
3. Supply of standpipe water to occupier, etc.
Subject to the provisions of bye-law 4, a public standpipe water shall be available only to an occupier or any person authorised in writing by the local authority to draw water from a public standpipe.
4. Supply of water to other persons
(1) Any person, who is not an occupier in the area in which the standpipe is located or a person authorised in writing to do so, may draw water to a quantity not exceeding five litres from a public standpipe.
(2) An occupier shall not supply to any person not entitled thereto water from a public standpipe or permit a person to take water therefrom except
(a) for consumption;
(b) for the purpose of extinguishing fire; or
(c) with the written permission of the local authority.
(3) Except with the written permission of the local authority, water shall not be drawn from a public standpipe for use outside the designated area in which the standpipe is located.
(4) Any person who contravenes any provision of this bye-law shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month.
5. Use of public standpipe water
(1) No person shall use public standpipe water for any purpose other than domestic or for a purpose specified in writing by the local authority.
(2) The local authority may from time to time
(a) limit the quantity of water which may be drawn from a particular public standpipe;
(b) by notice published in the Gazette, prohibit the use of a particular public standpipe in a particular area for any purpose specified in the notice; or
(c) by written notice to a consumer, prohibit the use of public standpipe water for the purpose specified in the notice.
(3) Any person who uses public standpipe water for any purpose other than that for which it is supplied shall be guilty of an offence and liable to a fine not exceeding P10 or in default of payment to imprisonment for a term not exceeding one week, and such fine or term of imprisonment shall not prejudice the right of the local authority to recover the charge for the water improperly used.
6. Power to withhold supply of public standpipe water
Without prejudice to the right of recovery of any amount due to it, the local authority may turn off or curtail the supply of public standpipe water to any designated area where
(a) the occupiers, as a whole or in part have failed to pay any service levy or to comply with any provisions of these Bye-laws;
(b) a repair or maintenance to or extension of the water system is required; or
(c) a general water supply shortage occurs in the area of the local authority.
7. Inspection of public standpipes
(1) An authorised officer shall from time to time inspect public standpipes for
(a) unauthorised connections or attachments;
(b) any waste or misuse of water,
and supervise the proper use thereof.
(2) Where an unauthorised connection or attachment to a public standpipe is found by an authorised officer he shall, where it is
(a) a first offence, remove the connection or attachment and return it forthwith to the owner together with a warning in writing;
(b) a second offence
(i) remove the connection or attachment and cause it to be placed in the temporary custody of the local authority;
(ii) within three days thereafter issue a warning in writing and permit the connection or attachment to be released; and
(iii) require the person concerned to sign an acknowledgement to the effect that a further offence shall warrant confiscation of the connection or attachment; and
(c) a third offence, confiscate the connection or attachment and the person concerned shall be liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month, or to both.
(3) Any person who hinders or obstructs or uses abusive or insulting language towards an authorised officer in the performance of his duties under this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.
Any person who wilfully or negligently wastes or misuses or causes or allows to be wasted or misused any public standpipe water shall be guilty of an offence and liable to a fine not exceeding P10.
(1) Any person who tampers with or wilfully or negligently causes damage to a public standpipe or to any appliance or equipment in connection therewith shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.
(2) A fine or term of imprisonment shall not prejudice the right of the local authority to recover the cost of effecting any repair or replacement arising from damage to a public standpipe.
Any person who pollutes or causes the pollution of public standpipe water or allows any foul liquid, gas or other noxious matter to enter any pipe or fitting connected therewith shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month, or to both.