Lesedi
South Africa
South Africa
Advertising By-law, 2015
- Published in Gauteng Provincial Gazette 408 on 15 September 2015
- Commenced on 15 September 2015
- [This is the version of this document from 15 September 2015 and includes any amendments published up to 4 April 2024.]
1. Definitions
In the interpretation of these by-laws, words in the masculine gender include the feminine, the singular includes the plural and vice versa and the following words and expressions shall have the meanings respectively assigned to them hereunder, unless such meanings are repugnant to or inconsistent with the context in which they occur:-“aerial sign” shall mean any sign attached to a kite, balloon, aircraft or any other device whereby it is suspended in the air over any part of the area under the jurisdiction of the municipality.“authorised employee” shall mean any employee authorised thereto by the municipality.“clear height” of a sign shall mean the vertical distance between the lowest edge of such sign and the level of the ground, footway or roadway immediately below such sign.“depth” of a sign shall mean the vertical distance between the uppermost and lowest edges of such sign.“display of a sign” shall include the erection of any structure if such structure is intended solely or primarily for the support of such sign; and the expression “to display a sign” shall have a corresponding meaning.“flashing sign” shall mean any illuminated sign, the light emitted from which does not remain constant in all respects.“flat sign” shall mean any sign which is affixed to or painted directly on a main wall and which at no point projects more than 250mm in front of the surface of such wall, but does not include a poster; provided, however, that a poster affixed to a main wall shall be deemed to be a flat sign if such poster is-(a)not less than 0.80m² in area;(b)bordered by a permanent frame fixed to such main wall; and(c)maintained at all times in an unmutilated and clean condition.“municipality” means –(a)the LESEDI LOCAL MUNICIPALITY or its successor-in-title; or(b)the Municipal Manager of LESEDI LOCAL MUNICIPALITY in respect of the performance of any action or exercise of any right, duty, obligation or function in terms of these bylaws;(c)an authorized agent of the LESEDI LOCAL MUNICIPALITY;“municipal council” means the municipal council as referred to in section 157(1) of the Constitution, 1996, Act No. 108 of 1966;“municipal manager” means the person appointed by the municipal council as the municipal manager of the municipality in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998); and includes any person –(a)acting in such position; and(b)to whom the municipal manager has delegated a power, function or duty in respect of such delegated power, function or duty;“municipal services” means, for the purposes of these bylaws, services provided by the municipality which among others include the electricity, water and sanitation, refuse, advertisements and other services;“main wall” or a building shall mean any external wall of such building but shall not include a parapet wall, balustrade or railing of a veranda or a balcony.“new sign” shall mean any sign first displayed after the promulgation of these by-laws.“overall height” of a sign shall mean the vertical distance between the uppermost edge of such sign and the level of the ground, footway or roadway immediately below such sign.“person” in relation to the display or alternation of or the addition to a sign, or in relation to the intended or attempted display or alternation of, or addition to a sign, shall include the person at whose instance such sign is displayed, altered or added to, or at whose instance such sign is intended or attempted to be displayed, altered or added to, as the case may be; and the person who or whose goods, products, services, activities, property or premises, is or are referred to in such sign shall be deemed to be such person unless he proves the contrary.“poster” shall mean any placard or similar device attached to some fixed object whereby any advertisement or notice is publicly displayed.“projecting sign” shall mean any sign which is affixed to a main wall and which at some point projects more than 250mm in front of the surface of such wall.“public road” means any road, street or thoroughfare or any other place which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes-(a)the verge of any such road, street or thoroughfare;(b)the footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other work or object belonging to such road, street or thoroughfare, footpath or sidewalk; and(e)any premises with or without structures thereon, used or set aside as a public parking area or public parking place for the parking of motor vehicles whether or not access to such a parking area or place is free of charge.“running light” means a portion of a sign in the form of an illuminated strip, the illumination of which varies periodically in such a way as to convey the impression of a pattern of lights moving steadily along such strip.“sign” shall mean any sign, signboard, screen, private lamp, blind or other device by means whereof any advertisement or notice is publicly displayed.“sky sign” shall mean any sign that is fixed above the roof of a building other than a roof of a veranda or a balcony and shall include any such sign consisting of a single line of free standing, individual, cut-out, silhouette letters, symbols or emblems.“thickness” of a projecting sign shall mean the horizontal dimension of such sign measured parallel to the plane of the main wall to which such sign is affixed.2. Disfigurement
3. Submission and approval of application to display sign
4. Existing signs to comply with by-laws
5. Enforcement
6. Subject matter of signs
7. Signs allowed on buildings
The following signs and no others may be affixed to or painted on buildings; provided that the municipality may prohibit the erection of certain or all of the undermentioned signs or the use of certain colours therein:-(a)Flat signs(b)Projecting signs(c)Sky signs(d)Signs affixed to or painted on verandahs or balconies.(e)Signs painted on sunblinds affixed to buildings.(f)Any sign referred to in paragraphs (i), (ii), (iv), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv) and (xvi) of section 22(2); provided that all the conditions applicable to such sign are complied with.8. Projecting Signs
9. Sky-signs
10. Signs on verandas and balconies
11. Signs over footways and roadways
12. Prohibited signs
13. Signs on walls, fences and hoardings
14. Signs on poles and other structures
15. Signs on vehicles and signs carried through the street
16. Illuminated signs
17. Structural requirements
18. Use of glass
All glass used in signs (other than glass tubing used in neon and similar signs) shall be plate glass at least 5mm thick.19. Fire precautions
Except as in section 22 provided, all illuminated signs and supports thereof shall be of incombustible material; provided that the municipality may allow any sign approved in terms of sections 14 and 15 and any support for any such sign to be of combustible material.20. Electrical requirements
No sign shall be illuminated except by electricity from the municipality’s mains where such supply is available.21.
Every sign in connection with which electric current is used shall be provided with an external switch in a position to be determined by the municipality whereby the electricity supply to such sign may be switched off.22. Exemptions
23. Savings
Nothing in these by-laws contained shall be construed as affecting in any way rights belonging to, or duties imposed upon, the municipality as the body in whom is lawfully vested the ownership of, or the control over, any public road or other place or thing whatsoever within its area of jurisdiction.24. Waiver of regulations
25. Penalty clause
Any person who contravenes or fails to comply with any provision of these by-laws and/or any notice issued thereunder shall be guilty of an offence and be liable, upon conviction, to a fine or in default of payment to imprisonment for a period not exceeding 6 months.26. Repeal of by-laws
All by-laws relating to advertising signs and the disfigurement of the front or frontages of streets adopted by the council of the municipality or any council of a municipality now forming an administrative unit of the municipality are, with effect from the date of promulgation of these by-laws, rescinded.27. Short title
These bylaws are known as Advertising by-laws.28. Effective Date
These bylaws shall come into operation on the date of the promulgation in the government gazette.History of this document
15 September 2015 this version
Cited documents 2
Legislation 2
1. | Local Government: Municipal Structures Act, 1998 | 4001 citations |
2. | Constitution of the Republic of South Africa, 1996 | 584 citations |