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Parks and Recreational Ground By-law, 2025

Parks and Recreational Ground By-law, 2025
Jurisdiction
Winnie Madikizela-Mandela
Date
9 June 2025
Language
English
Publication
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Winnie Madikizela-Mandela
South Africa

Parks and Recreational Ground By-law, 2025

To regulate the admission of persons, animals and vehicles to public parks; to provide for the use and enjoyment of public parks; to determine conduct that will not be permitted within public parks; and to provide for matters incidental thereto.

Preamble

WHEREAS the Winnie Madikizela Mandela Local Municipality has legislative and executive competence relating to municipal parks and recreational facilities within its area of jurisdiction;WHEREAS the municipal parks, Heritage sites and recreational grounds are available for use and enjoyment by members of the public;AND WHEREAS the Municipality wishes to adopt such measures as may be necessary to protect and conserve the natural vegetation and equipment on the municipal parks and recreational grounds and to control the utilisation and enjoyment thereof by members of the public;AND WHEREAS the Municipal Council of the Winnie Madikizela Mandela Local Municipality, acting in terms of section 156 (2) read with Schedule 5 Part B of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:AND NOW THEREFORE BE IT ENACTED by the Council of Winnie Madikizela-Mandela Local Municipality as follows:

Chapter 1

1. Definitions

In this By-law, unless the context indicates otherwise—“Animal” includes any mammal, bird, fish, insect, amphibian or invertebrate"Fauna" means any mammal, fish, bird, reptile, insect, amphibian or invertebrate;"Authorised official" means a member of staff of WMMLM delegated by the Accounting Officer to implement the provisions of this By Law, or any appointed external service provider referred to in section 76(b) of the Local Government: Municipal Systems Act, 2000 ( Act 32 of 2000) and includes a law enforcement officer or traffic official of WMMLM who has been declared a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977), acting on duty and properly identified as such;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" or “Municipal Council” means the Winnie Madikizela Mandela Local Municipality Municipal Council;"Municipality" means the Winnie Madikizela Mandela Local Municipality, a category B municipality under the Alfred Nzo District Municipality;"Municipal Manager" means the official of the Municipality appointed as contemplated in section 54 A of the Municipal Systems Act;"Notice" means a written notification issued or pictogram displayed in terms of this By-law which is prominently and legibly displayed at the entrance to or any facility or part thereof to which it is intended to apply;"Park" means any park, recreational ground, open space, square, reserve, bird sanctuary, botanic or other garden which is under the control or ownership of the Municipality, and includes all buildings, facilities, equipment, trees and natural vegetation within such park;"Person" means a natural or juristic person"Prescribed fee" means a fee determined by the Council by resolution in accordance with the Policy;"Reservation" means a written application to the Municipality for the use of a park or any part thereof for the purpose of a private event or function, and “reserve” has a corresponding meaning;“Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);“this By Law” includes the Schedules hereto;“vehicle” means any self-propelled vehicle and includes—(a)A trailer; and(b)A vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto which is designated or adapted to be propelled by means of such pedals, engines or motor, or both such pedals and engine or motor, but does not include—(i)Any vehicle propelled by electric power from storage batteries and which is controlled by a pedestrian or;(ii)Any vehicle with a mass not exceeding 230 kilograms and specially designed and constructed, and not merely adapted, for the use of any person suffering from some physical defect or disability and used solely by such person.

2. Interpretation of By-law

In the event that there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.

3. Objects of By-law

The objects of this By-law are to—
a)Management, conservation, protection and preservation of the parks and recreational grounds for the benefit of the public;
b)Control proper use and enjoyment of parks by members of the public;
c)Provide the fees allocated for the reservation of parks for private events and functions; and
d)Provide for matters incidental thereto.

4. Application of By-law

This By-law applies to—This by-law is applicable to all parks under the ownership or control of Winnie Madikizela Mandela Local Municipality;

Chapter 2

5. Public access

The Municipality is entitled to determining the terms and conditions for access into a park.A person who is allowed access into a park must—
a)Familiarise and comply with all the notices displayed at any area of the park, including the entrance fee thereto; and
b)Adhere to any lawful instruction given to him or her by an authorised official.

6. Admission to and visiting a public park

6.1.A person who is admitted to gain access or visit a public park must, subject to the provision of this By-Law, observe and comply with all notices displayed at a park or at the entrance thereto and obey any instruction given to him/her by the authorised official;
6.2Should a person fail to observe and comply with a notice and/or any instruction referred to in subsection (1), the Municipality shall not be liable for any damage and/or injury/ies suffered while such person is visiting the park;
6.3A park is, subject to the provisions of this By Law, open to the public on the times determined by the Municipality different times may be determined in respect of different parks;
6.4The conditions times and places contemplated in subsection (1) to (3) shall be made known by means of a notice/s by the Municipality.

7. Maximum number of persons

7.1.The Municipality may determine the maximum number of visitors who may be present at a specific time at the park, provided that different numbers may be so determined for different events;
7.2.In instances of natural disasters and/or state of emergency, the determination of numbers by the Municipality shall be in line with proclamations made by the President.

8. Entrance fees

8.1.Subject to the provisions of this By Law, every person shall have free access to a park;
8.2.Despite section (8.1) the Municipality may, in terms of the Tariff By-Law prescribe fees for entering a park in such special circumstances as determined by it, and such fees shall be made known by means of a notice;

9. Use of Park/s

9.1No person shall in a public park without the written permission of the Municipality or contrary to conditions which the Accounting Officer may impose when granting such permission—
(a)Arrange or present any public entertainment;
(b)Display or distribute any pamphlet, placard, painting, book, handbill, sign, advertisement board or any other printed, written or painted work;
(c)Arrange or hold a public gathering or procession, or any exhibition or performance;
(d)Conduct any trade, occupation or business;
(e)Display, sell or rent or present for sale or rent any wares or articles;
(f)Hold an auction;
(g)Off-load or store building or other material;
9.2Subject to any other law, the written permission contemplated in subsection (1) shall be refused only if anything referred to in subsection (1)(a)-(g)—
9.2.1is likely to give rise to—
I.Public rioting;
II.The disturbance of public peace;
III.The committing of an offence;
IV.The committing of an indecent act;
V.Risks that comprise safety and security;
VI.A situation where a planned activity in any area of jurisdiction of WMMLM is taking place at the same time as a planned activity planned to take place in the park is deemed to have a detrimental impact on the ability of WMMLM to ensure safety and security;
9.2.2Is detrimental to the public or the users of, or visitors to, the public park; or
9.2.3.Is likely to damage or destroy the amenities, wildlife or plant material in the park

10. Closure or restriction of access

10.1.The Municipality may close or restrict public access to any park or part thereof for any purpose not inconsistent with the provisions of this By-law, including maintenance (such provision of garden services).
10.2.In the event of closure of or restriction of access to a park in accordance with subsection (1), a notice must be posted at or near the entrance to the park concerned indicating the duration of such closure or prohibition of access.

11. Exclusion or removal from a park

11.1.An authorised official and/or agent may exclude or remove from a park any person who—
a)is in a state of intoxication or under the influence of intoxicating substances;
b)behaves in a manner which is disorderly, indecorous or disruptive to other persons visiting the park; or
c)commits, or is reasonably suspected by an authorised official to have committed, an offence or any other act which is in contravention of any provision of this By-law;
d)breaking rules stipulated in the park notices.
11.2.Refusal by a person referred to in subsection (1) to leave a park upon being ordered by the authorised official and/or agent to do so is an offence in terms of this By-law.

12. Dumping and littering

12.1No person shall at a park—
12.1.1.dump, drop, bury, or place any refuse, rubble, material or any object or
12.1.2.permit any dumping, dropping, placing of any refuse, rubble, material or any object or thing,
Except in a container identified for the purpose at the park.

Chapter 3
Private events and functions

13. Reservation of park for private event or function

13.1.Any person who wishes to apply for the reservation of a park or part thereof for a private event or function must—
13.1.1Submit an application to the Municipality on the form prescribed for that purpose;
13.1.2On receipt of the application, the Municipal Manager must consider the application and within 30 days of receipt of the application—
13.2in writing, notify the applicant of the decision whether the application was successful or not successful
13.2.1If applications is successful make payment to the Municipality, the prescribed fee for the private use of the park before the date applied for.

14. Municipality's right of refusal or cancellation

14.1The Municipality may—
14.1.1refuse to grant an application for a private event or function;
14.1.2cancel any approval, if an authorised official suspect on reasonable grounds that the event or function applied for is either unlawful or is likely to result in public disturbance;
14.1.3cancel pre-bookings in the event of unforeseeable circumstances.
14.2In the event of the approved private use of a park being cancelled by the Municipality in accordance with clause (14.1) above, the applicant is entitled to a refund of the prescribed fee paid to the Municipality and/or the Municipality will be required to provide an alternative venue to the applicant whichever is feasible under the circumstances.

15. Terms and conditions of private use of park

15.1Where an application for the private use of a park or part thereof is granted by the Municipality in terms of section 14, such park or part thereof may only be used—
15.1.1For the purpose indicated on the application form; and
15.1.2Subject to the terms and conditions stipulated by the Municipality in an agreement designed for that purpose, unless prior approval of the Municipality is obtained in writing authorising it to be used for a different purpose.
15.2A person who applies for the private use of a park must, subsequent to the approval of such application by the Municipality, sign an agreement setting out the terms and conditions of the private use thereof obtainable from the municipal department dealing with parks and recreational grounds.

16. Public announcement and advertising

16.1.A person who has applied for the use of a park for a private event or function may not publicly announce or advertise the use of such park for the event or function concerned before the Municipality has granted that person in writing that the application has been approved.
16.2.An authorisation of the access for the use of a park for a private event or function does not absolve the applicant from due compliance with the Municipality's Advertising and Signs By-law in respect of the private event or function concerned.
16.3.An applicant referred to in subsection (1) must, before vacating the park at the end of the private event or function concerned, remove every poster, notice, decoration, flag, emblem, sign and other form of advertisement or direction erected or affixed by or at the instance of such person and make good any damage caused by such removal.

Chapter 4
General provisions

17. Food and alcoholic beverages

17.1.Subject to the provisions of subsection (2), the preparation and cooking of food in a park is restricted to the place or places set aside by notice for such purpose and must be done under clean and hygienic conditions.
17.2.The slaughtering or skinning of an animal for any purpose whatsoever is not allowed in a park.
17.3.Unless authorised by the Municipality in writing to do so, a person may not—
17.3.1Sell or display for sale any items, goods or services; or
17.3.2Bring into, consume or sell any alcoholic beverage or other intoxicating substance, in a park.

18. Starting of a fire

18.1A person may only start a fire in a park in a place as may be designated by the Municipality for that purpose.
18.2Where a person has started a fire in a place designated for that purpose as contemplated in subsection (1), such person may not leave the fire unattended or depart from the place where the fire is burning or smouldering without first ensuring that such fire is completely extinguished.

19. Vehicles

19.1Unless specifically authorised by the Municipality through the use of relevant signage displayed at the entrance to a park, access of vehicles of any kind is prohibited in a park.
19.2Where vehicular access is allowed in a park, an authorised official is empowered to control and regulate the use thereof within the park concerned, including the—
19.2.1adoption of traffic signage and rules;
19.2.2demarcation of parking bays and the levying of tariffs for the use thereof, if any; and
19.2.3charging of fines for non-compliance with the traffic signage and rules within the park, as well as the recovery thereof.

20. Water

No person may at the park—
(a)misuse, remove, pollute or contaminate any water source, water supply or waste water
(b)interfere with or obstruct the flow of any river or seasonal wetland; or
(c)drain or redirect any water to private property;
(d)drain or redirect any water from private property.

21. Facilities reserved for children

21.1.Where a facility or equipment in a park is reserved for children, the use of such facility or equipment must be restricted to persons not older than 12 years of age.
21.2.An authorised official may require any person to produce documentary proof of age of any person intending to use a facility or equipment referred to in subsection (1), failing which such person may be refused access to the facility or equipment concerned.

22. Animals

22.1.Except for a guide dog which is being used by a blind person, the Municipality reserves the right to prohibit or restrict the access of any animal into a park through a notice to that effect displayed at or near the entrance to such park.
22.2.Where animal access into a park is not prohibited in terms of subsection (1), any person who brings an animal into a park must keep it under proper control and ensure that any excrement by such animal is immediately removed and disposed of in a waste bin or other receptacle provided by the Municipality for that purpose.

23. Tree preservation orders

23.1.If, in the opinion of the Municipality, any tree or group of trees in a park requires legal protection, the Municipality may issue a tree preservation order in respect of the tree or group of trees concerned.
23.2.A copy of the tree preservation order must be displayed prominently within three metres of the tree or group of trees to which the order relates.
23.3Any person who cuts, uproots or causes any damage whatsoever to a tree or group of trees to which a tree preservation order relates, commits an offence.

24. Prohibited conduct

24.1A person entering or visiting a park must at all times act in strict compliance with the provisions of this By-law, as well as such lawful instructions and orders as may be issued or given by an authorised official and/or agent.
24.1.Subject to the provisions of subsection (1), person(s) entering or visiting a park may not—
24.1.1.conduct himself or herself in a manner which is inappropriate, improper or indecent;
24.2.2.cause a nuisance, annoyance or disturbance to any other person visiting the park;
24.2.3.destroy or remove any tree, flower or plant growing in any part of the park;
24.2.4.deposit or throw any rubbish, paper or other waste matter or thing anywhere other than in a receptacle provided by the Municipality for such purpose;
24.2.5.shoot or injure any bird or animal or throw a stick, stone or other object with the intent to injure any bird or animal or interfere with any fish in a fountain;
24.2.6.drive, ride or park any vehicle or cause or permit any vehicle to be within the area of any park, except insofar as is permitted by a notice displayed in the park;
24.2.7.damage, tamper with or destroy any equipment, amenity or structure;
24.2.8.lie on a bench or seating place or use it in such a manner that it prevents others from using it;
24.2.9.use any park facility or water resources, including a fish pond, fountain, stream, dam or pond to swim, bathe, walk, or place or wash clothes or other things;
24.2.10.skate on roller skates or on a skateboard or similar device except where permitted by a notice displayed in the park;
24.2.11.build, erect, place, create, remove or modify any structure, amenity, pathway, trail, jump or ramp;
24.2.12.play or conduct any game of any nature that will cause—
idisturbance or potentially disturb; or
iiinjury to, other park users, except at places set aside for such purpose by a notice displayed in the park and in accordance with the direction of an authorised official, if any;
24.2.13.sell, offer or display for sale or hire any commodity or article or distribute any pamphlet, book, handbill, or other printed or written matter without prior written consent of the Municipality;
24.2.14.carry, possess or discharge a firearm within a park;
24.2.15.engage in any other conduct in contravention of this By-law, the Municipality’s Nuisance and Health By-laws or any other applicable law;
24.2.16.sleep over or camp in the park;
24.2.17.remove any gravel, sand, sod, turf or mould;
24.2.18.perform any act that may detrimentally affect the health of any visitors to the park.

Chapter 5
Enforcment

25. Powers of an authorised official/agent

25.1An authorised official may—
25.1.1in a public park at any time enter the land and conduct an investigation in order to determine whether the provisions of this By Law are complied with;
25.1.2for the better exercising of any power or the performance of any function or duty assigned or granted to him or her, take along an interpreter who, while acting under the lawful order of such an official, shall have the same powers, functions and duties as such official as contemplated in paragraph 22.1.1 above;
25.1.3give instruction to or direct the public, for the purposes of this By Law, to act in a specific manner whilst at the public park.

26. Offences and penalties

A person who—
26.1contravenes, refuses or fails to comply with any provision of this By-law; refuse/s or fails to comply with any—
26.1.1notice issued; or
26.1.2lawful instruction given, in accordance with this By-law; or
26.1.3obstructs or hinders any authorised official of the Municipality in the execution of his or her duties under this By-law, is guilty of an offence.
26.1.4A person who is convicted of an offence under this section may be sentenced to a maximum fine of R40 000 or to imprisonment for a period not exceeding two years or to both such fine and a period of imprisonment and/ or a fine as determined by Council from time to time
26.1.5In the case of a continuing offence an additional fine of an amount not exceeding R200-00 or imprisonment for a period not exceeding 10 days, for each day on which such offence continues or both such fine and imprisonment, will be imposed.

Chapter 6
Miscellaneous

27. Delegations

27.1Subject to the Constitution and applicable national and provincial laws, any—
(a)power, excluding a power referred to in section 160(2) of the Constitution;
(b)function; or
(c)duty, conferred, in terms of this By-law, upon the council, or on any of the Municipality's other political structures, political office bearers, councillors or staff members, may be delegated or sub-delegated by such political structure, political office bearer, councillor, or staff member, to an entity within, or a staff member employed by, the Municipality.
27.2The delegation in terms of subsection (1) must be effected in accordance with the system of delegation adopted by the council in accordance with section 59(1) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), subject to the criteria set out in section 59(2) of said Act.
27.3Any delegation contemplated in this section must be recorded in the Register of Delegations, which must contain information on the—
(a)entity or person issuing the delegation or sub-delegation;
(b)recipient of the delegation or sub-delegation; and
(c)conditions attached to the delegation or sub-delegation.

28. Appeals

28.1.A person whose rights are affected by a decision taken by the Municipality in terms of this By-law may appeal against the decision in terms of the Appeals provision contained the Systems Act by giving written notice of the appeal and reasons to the Municipal Manager within 21 days of the date of the notification of the decision.
28.2.The Municipal Manager must promptly submit the appeal to the appropriate appeal authority.
28.3.The appeal authority must commence with an appeal within six weeks and decide the appeal within a reasonable period.
28.4.The appeal authority must confirm, vary or revoke the decision, but no such variation or revocation of a decision may detract from any rights which may have accrued as a result of the decision.
28.5.The appeal authority must furnish written reasons for its decision on all appeal matters.
28.6.All appeals lodged are done so in terms of the Systems Act and not in terms of this By-law.
28.7.Where a conviction has been affirmed by a court of law and the accused wishes to appeal such conviction, the appeal must take place in terms of the court’s appeal process and notin terms of subsections (1) to (5).

29. Repeal of laws and savings

29.1.The laws mentioned in the first and second columns of the Schedule to this By-law are hereby repealed to the extent set out in the third column of the said Schedule.
29.2.Any rights accrued or obligations incurred under any By-law repealed in terms of subsection (1) remain in force as if that By-law has not been repealed.

30. Short title and commencement

This By-law is called the Winnie Madikizela-Mandela Municipality: Parks and Recreational Ground, and takes effect on the date on which it is published in the Provincial Gazette of Eastern Cape

History of this document

09 June 2025 this version
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