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.
These Bye-laws may be cited as the Kgalagadi District Council (Advertisements and Hoardings) Bye-laws.
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.
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).
(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.
(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.
(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.
(1) The owner of a hoarding shall exhibit and keep his or her name and address in a conspicuous position on the front of the hoarding.
(2) In the case of change of ownership of a hoarding, any person who wishes to acquire ownership of the hoarding shall, within 30 days, give written notice of such change to the Council.
9. Application for permit to advertise
(1) A person shall not exhibit or cause to be exhibited any advertisement on any wall, fence, gate, cart, carriage or any place visible from a street without a permit from the Council.
(2) Any person who wishes to exhibit or cause to be exhibited any advertisement on any wall, fence, gate, cart, carriage or any place visible from a street shall make an application to the Council for a permit in Form 3 set out in Schedule 1 accompanied by the fees specified in Schedule 3.
(3) A person who contravenes this bye-law commits an offence and is liable
(a) to a fine not exceeding P3000, or to imprisonment for a term not exceeding one year, or to both; and
(b) on a second or subsequent conviction, to a fine not exceeding P5000, or to imprisonment for a term not exceeding two years, or to both.
10. Issue of permit to advertise
(1) The Council may, upon receipt of an application under bye-law 9, issue a permit in Form 4 set out in Schedule 1.
(2) The Council may reject an application for a permit to advertise where the advert
(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, 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.
(3) A permit obtained under this bye-law shall be valid for 12 months from the date of issue.
11. Advertisement to be secure
A person shall not exhibit or cause to be exhibited on any hoarding or on any wall, fence, gate, cart, carriage or other place any advertisement that is not placed on or attached or affixed to such hoarding, wall, fence, gate, cart, carriage or place in a secure, neat and orderly manner.
(1) Where an advertisement exhibited on any hoarding or on any wall, fence, gate, cart, carriage or other place is defaced or is in an unsightly, torn or detached condition, the
(a) owner of a hoarding, wall, fence, gate, cart, carriage or other place;
(b) person on whose behalf the advertisement is exhibited; or
(c) person in receipt of rent or profit from the use of the hoarding, wall, fence, gate, cart, carriage or other place,
shall on receiving notice in writing to that effect from the Council, remove the advertisement within the time specified in the notice.
(2) Where the advertisement is not removed as required under subbye-law (1), the Council may remove the advertisement at the expense of the owner, and in his or her default, the person on whose behalf the advertisement is exhibited, and in his or her default, any person in receipt of rent or profit from the use of the hoarding.
13. Furnishing name and address
The owner, and in his or her default, any person in receipt of any rent or profit from the use of any hoarding shall, when required by the Council, furnish the name and address of a person on whose behalf any advertisement on the hoarding is exhibited.
14. Obstructing view of traffic
(1) A person shall not erect any hoarding or exhibit or cause to be exhibited any advertisement near any road in such manner or place as to obstruct the view of any road user.
(2) A person who contravenes this bye-law commits an offence and is liable to the penalties specified under bye-law 17.
Any person aggrieved by the decision of the Council under these Bye-laws may appeal, in writing, to the Minister within 30 days of notification of such decision.
16. Hindering or obstructing an authorised official
Any person who obstructs or hinders an authorised official in the exercise of his or her duties under the provisions of any of these Bye-laws commits an offence and is liable
(a) to a fine not exceeding P500, or in default of payment thereof, to imprisonment for a term not exceeding six months, or to both; and
(b) on a second or subsequent conviction, to a fine not exceeding P1000, or in default of payment thereof, to imprisonment for a term not exceeding one year, or to both.
A person who contravenes any provisions of these Bye-laws for which no penalty is provided commits an offence and is liable
(a) to a fine not exceeding P2000, or to imprisonment for a term not exceeding one year, or to both; and
(b) on a second or subsequent conviction, to a fine not exceeding P5000, or to imprisonment for a term not exceeding two years, or to both.
Form 1
(bye-law 5(2))
KGALAGADI DISTRICT COUNCIL
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Private Bag 005 |
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To be completed by the receiving authority |
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Date Stamp |
Perusal fee …………….. |
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APPLICATION FOR PERMIT TO ERECT A HOARDING |
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Name of applicant: …………………………………………………………….. |
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Postal and Physical Address: ……………………………..Tel: ………….. |
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Location of proposed hoarding ………………………………………………. |
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Dimensions of hoarding: |
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Height……………………………………………….. |
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Length……………………………………………….. |
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Width………………………………………………… |
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Height above ground……………………………… |
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Distance from existing hoarding………………………………………………. |
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Distance from centre of the road……………………………………………… |
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Distance from the edge of the road reserve………………………………… |
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Distance from the centre of an intersection………………………………… |
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Illuminated/non-illuminated |
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Flashing/non-flashing |
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Single sided/double sided |
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(Delete as appropriate) |
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Type of activity/business: ……………………………………………………………………………….. |
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………………………………………………………………………………………………………………… |
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Declaration by applicant: |
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I declare that the information I have given above is true. |
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Full Names: ……………………………………………………………………………………………….. |
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Signature:…………………………………………. |
Date:…………………………………………… |
Form 2
(bye-law 5(3))
KGALAGADI DISTRICT COUNCIL
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Private Bag 005 |
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To be completed by the receiving authority |
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Date Stamp |
Perusal fee …………….. |
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PERMIT TO ERECT A HOARDING |
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Permit is hereby granted to erect a hoarding. |
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Amount paid in fees …………………………………………….. Pula (P …………….). |
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Name of issuing officer ………………………………………. Designation ………….. |
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Date………………………… |
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Form 3
(bye-law 9(2))
KGALAGADI DISTRICT COUNCIL
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Private Bag 005 |
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To be completed by the receiving authority |
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Date Stamp |
Perusal fee …………….. |
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APPLICATION FOR PERMIT TO USE A WALL, FENCE, GATE OR OTHER PLACE FOR EXHIBITION OF ADVERTISEMENT |
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Name of applicant: ……………………………………………………………………………………. |
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Postal and Physical Address: ………………………………………….Tel: …………………….. |
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Location of proposed hoarding ……………………………………………………………………… |
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Name and address of owner of wall, fence, gate, premises or other place |
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…………………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………………….. |
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Dimensions of hoarding: |
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Height ……………………………….. |
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Length ………………………………. |
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|
Width ………………………………… |
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|
Illuminated/non-illuminated |
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|
Flashing/non-flashing |
|
|
Single sided/double sided |
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|
(Delete as appropriate) |
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Type of activity/business: |
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………………………………………………………………………………………………………………… |
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………………………………………………………………………………………………………………… |
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Declaration by applicant: |
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I declare that the information I have given above is true. |
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Full Names: ……………………………………………………. |
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Signature: ………………………………… Date: …………… |
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Signature:…………………………………………. |
Date:…………………………………………… |
Form 4
(bye-law 10(1))
KGALAGADI DISTRICT COUNCIL
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Private Bag 005 |
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To be completed by the receiving authority |
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Date Stamp |
Perusal fee …………….. |
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PERMIT TO USE A WALL, FENCE, GATE, CART, CARRIAGE OR OTHER PLACE FOR EXHIBITION OF ADVERTISEMENTS |
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Permit is hereby granted to use a wall, fence, gate, cart, carriage or other place for exhibition of advertisements. |
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Amount paid in fees ………………………………… Pula (P ………………..). |
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Name of issuing officer ……………………………… Designation ………….. |
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Date ……………………. |
(bye-law 5(2))
KGALAGADI DISTRICT COUNCIL
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Private Bag 005 |
LEVY FOR HOARDINGS
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Item |
Fee |
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1. |
Hoardings of area of, and greater than 10m2″/> |
P550/year/site |
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2. |
Hoardings of area less than 10m2″/> |
P150/year/site |
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3. |
Hoardings of area of, and greater than 10m2″/> for less than 1 year |
P300 |
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4. |
Hoardings of area less than 10m2″/> for less than 1 year |
P50 |
SCHEDULE 3
(bye-law 9(2))
KGALAGADI DISTRICT COUNCIL
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Private Bag 005 |
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ADVERTISEMENT AND PERUSAL FEES |
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1. |
Advertisements of area of, and greater than 10m2″/> |
P550/year/site |
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2. |
Advertisements of area less than 10m2″/> |
P150/year/site |
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3. |
Mobile/trailer advertising |
P20/day/cart or carriage |
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4. |
All advertisements of area less than 10m2″/> >for less than 7 days |
P50 for first 50 copies or less + P50 refundable upon removal |
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5. |
All advertisements of area less than 10m2″/> for 7 days or more but less than one year |
P60 for the first month + P10/month/additional month |
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6. |
All advertisements of area of, or more than 10m2 for 7 days or more but less than one year |
P80 for the first month + P30/month/additional month |
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7. |
Perusal fee |
P10/site applied for |