By-Laws

What is a By-Law?

 A by-law is legislation passed and enacted by a Municipal Council. The Constitution defines the range of by-laws from the use of parks, to noise, to the protection of cats and dogs, to street trading. By-laws exist to ensure that certain kinds of behaviour or/and acts are prohibited and punished if not observed. Other laws from crimes to smoking to education are defined by acts and regulations defined at a national or provincial level.

Who Enforces By-Laws?

The municipality is the primary entity responsible for the enforcement of by-laws. In the City of Johannesburg most by-laws are enforced by the Johannesburg Metropolitan Police Department (JMPD or Metro Police) although a few other agencies are responsible for certain categories (e.g. environment health (011 226 8300)). The statutory functions of the Metro Police are traffic policing, enforcement of municipal by-laws, and preventing crime. Since Metro Police are precluded from conducting criminal investigations, a person arrested by the JMPD is handed over to SAPS for further action. JMPD (Metro Police) and SAPS are two different organisations. Laws enforced by SAPS include sexual offences, robbery, murder, attempted murder, assault, arson, drug dealing, carjacking, fraud, etc.

Joburg By-Law Categories?

The following by-law categories apply to the City of Johannesburg.

Animals - The protection of wild animals and birds (hunting, firing air-guns etc); Dogs and Cats  (permits, the number of  dogs/cats etc).

Cemeteries and Crematoria - Disposal of bodies; coffins and graves; funerals; care of graves; memorials and inscriptions etc.

Credit Control and Debt Collection - Rights and obligations of ratepayers; service agreements for the provision of municipal services; accounts (management, queries and complaints); council access to premises; water and electricity, waste collection services.

Culture and Recreation - Library and information services; hire and use of community arts and culture facilities; community centres; camping; and caravan parks including permits and conditions; and sports facilities.

Emergency Services - Fire prevention; burning of refuse; fire protection; certificates of fitness; emergency exits; fire-fighting equipment, evacuation plans, water supply; control of fireworks; use, handling and storage of flammable substances and dangerous goods; spray painting; and fire brigade services….Phone 10177 or 112 for ambulance and fire emergencies.

Encroachment on Property - council permission and rules; columns; balconies and bay windows; plinths, pilasters etc; verandas around corners; pavement openings; maintenance, removal and tenancy of projections; and paving of footways.

Metered Taxi, Minibus, Midibus and Bus - Shortest route and driver obligations; operation of taximeter; bus stops; parking; engagement of passengers; payment of fares; filth, disease and disinfection; driver's right of refusal; lost property; dangerous articles; cleanliness; and queue marshals.

Outdoor Advertising / Advertising Signs and Hoardings – Applications and approvals; signs on verandas, canopies, pylons, flats, bridges, blimps, sky signs, banners, flags, billboards, signs on selling or letting properties; posters (elections); and cellular masts.

Parking Grounds - Fees; ticket-controlled grounds: fees and conditions; parking meter grounds: conditions, prohibitions; pay and display grounds: parking, prohibitions; defective vehicles; cleaning and repair of vehicles; tampering and obstructions; defacing of tickets; abandoned vehicles; and refusal of admission.

Public Health - Principles, hazards and nuisances; hazardous uses of premises; sanitary services including sewage system and toilets; private sewage works; water supply, boreholes and wells; "offensive trades" and storage of waste; hairdressing, beauty and cosmetology services; second-hand goods; accommodation establishments; dry-cleaning and laundry businesses; swimming pools and spa-baths; nursing homes; child-care services; keeping of animals; pet shops and parlours.

Public Open Spaces - principles, management, fees and access; prohibited activities including rules for walking dogs, washing, drinking, fires, camping; erection of structures and special events; applications for authorisation; co-operative management agreements; and tree preservation.

Public Roads - damage to trees; barbed wire and electrical fencing; cleaning and repairing on public roads; excavations; defacing or painting public roads; races and sports events; loitering on roads or places of entertainment; public decency; trolleys; stormwater and watercourses; obstructions; planting; permission to hoard; control of traffic; games on public roads; games and throwing stones; animals on public roads; medical practitioner exemptions; parking meters; and control of traffic.

Street Trading - Prohibited and restricted conduct; cleanliness; restricted and prohibited areas;  signs;  removal and impoundment; and vicarious responsibility of persons carrying out business.

Waste Management - Information system; municipal service: provision and usage; commercial services including industrial, garden, building and hazardous waste; transportation and disposal; license applications, terms and conditions; prohibition of littering and dumping; and powers of authorized officials and designated officers.

Water Services - Applications, fees, accounts and arrears; council obligations; unauthorised use and interference; supply services including installation work, measurement, restrictions, testing; special provision for fire services; sanitation services; sewage; industrial effluent; drainage installation and maintenance; powers of designated officer; exemptions; offences.

2010 FIFA World Cup By-Laws were gazetted in February 2009 for the City of Johannesburg. These cover advertising, controlled access sites, public open spaces and city beautification, public roads, traffic guidance and street trading.

Reporting By-Law Infringements?

 By-law infringements should be reported to the Joburg Call Centre on 011 375 5555. Always obtain a reference number when calling. At the start of the call it is good practice to ask for the name of the call centre agent and note the time of your call. Should you experience difficulties in getting the issue resolved, contact your Ward Councillor through your resident association or street committee. Contact details for Ward Councillors are obtainable through the Joburg Call Centre or www.joburg.org.za. The Linden Precinct is located in Region B.