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Parking Meter By-law, 2019
- Published in Eastern Cape Provincial Gazette no. 4329 on 21 October 2019
- Commencement date unknown
- [Up to date as at 5 June 2020]
PreambleWHEREAS in terms of section 11 (3)(m) of the Local Government; Municipal Systems Act 32 of 2000, read with section 162 of the Constitution of the Republic of South Africa Act 108 of 1996, municipalities have the legislative power to promulgate by-laws regarding any matter which falls within its functional competence;AND WHEREAS Part B of Schedule 5 of the Constitution lists traffic and parking as a local government competency to the extent set out in section 155(5)(a) and (7);AND WHEREAS in terms of section 80A(1)(b) of the National Road Traffic Act, 1996 (Act 93 of 1996) a local authority may make bylaws including bylaws relating to the installation, regulation, supervision, maintenance and control of parking meters and parking places;AND WHEREAS the Mbizana Local Municipality seeks to regulate parking within its area of jurisdiction and matters incidental thereto;NOW THEREFORE the Council of the Mbizana Local Municipality, acting in terms of section 156. read with Schedule 5 (Part 8) of the Constitution of the Republic of South Africa Act 108 of 1996, and read with section 1 of the Local Government: Municipal Systems Act 32 of 2000, hereby makes the following By-Law: Parking Meter BylawsBe it enacted by the Council of the Mbizana Local Municipality Municipality, in terms of Section 156 of Constitution of the Republic of South Africa Act No. 108 of 1996, read with section 11 of the Local Government: Municipal Systems Act No. 32 of 2000 and the KwaZulu-Natal Pound Act 2006 (Act No. 3 of 2006), as follows:
1. DefinitionsIn these bylaws, unless inconsistent with the context-"Act" means the National Road Traffic Act, 1996 (Act 93 of 1996) together with any amendments thereto;"ambulance" means a motor vehicle specially constructed or adapted for the conveyance of sick or injured persons to or from a place for medical treatment and which is registered as an ambulance;"authorised employee" means any employee of the Council appointed by it for the purpose of controlling parking in parking areas and access thereto;"business hours" means the hours of 08h00 to 17h00 on Mondays to Fridays, and 08h00 to 13h00 on Saturdays, or such other times as may be determined by the Council from time to time;"car guard" means a person who watches over and protects motor vehicles in return for payment;"combination of motor vehicles" means two or more motor vehicles coupled together;"Council" means the council of the Mbizana Local Municipality Municipality;"emergency rescue vehicle" has the meaning assigned to it in the Act;"fire-fighting vehicle" means a motor vehicle designed or adapted solely or mainly for fighting fires and which is registered as a fire-fighting vehicle;"metered parking bay" means any parking bay on a public road or public place in respect of which -(a)a parking meter has been installed or is used; and(b)the municipality imposes parking fees;"metered parking ground" means a parking ground or any part thereof on a public road or public place in respect of which -(a)a parking meter has been installed or is used; and(b)the municipality imposes parking fees;"motor vehicle" means a motor vehicle as defined in the Act and includes but may not be limited to: any vehicle, articulated vehicle, breakdown motor vehicle, bus, motorcycle, motor, quadrucylce, motor tricycle, tractor, trailer truck, or semi-trailer, vintage motor vehicle as defined in the National Road Traffic Regulations, GNR 225 in Government Gazette 20963 of 17 March 2000;"municipality" means the Mbizana Local Municipality;"park" means to keep a vehicle whether occupied or not, stationery for a period of time longer than is reasonably necessary for the actual loading or off-loading of persons or goods, but does not include any such keeping of a motor vehicle by reason of a cause beyond the control of the persons in charge of such motor vehicle;"parking meter" means a static or hand-held device used for registering, recording and displaying -(a)the parking time available at the applicable metered parking bay or metered parking ground;(b)the parking fee payable for purchasing parking time at that metered parking bay or metered parking ground; and(c)the amount of parking time purchased in respect of a particular motor vehicle,whether by means of a meter affixed to the device or a parking meter ticket issued by the device, or any other device by which the parking time can be recorded;"parking meter attendant" means a person who is authorized to collect parking fees and to issue parking penalties on behalf of the municipality, and who is in possession of a valid appointment card issued by or on behalf of the municipality;"parking penalty" means a charge imposed by the municipality from time to time, and payable to the municipality, for parking a motor vehicle on a metered parking bay or on a metered parking ground in contravention of this Bylaw;"parking time" means the period of time purchased, against payment of the parking fee, for which a motor vehicle may be parked on a metered parking bay or metered parking ground;"pound" means any area or place set aside by the Council for the custody of vehicles removed from a parking area in terms of these Bylaws"prescribed" means determined by resolution of the Council, and in relation to a fee means as set out in the tariff policy of the municipality;"traffic warden" means a traffic office or traffic warden appointed in terms of section 3A of the Act and includes a member of the South African Police Service or a parking attendant who has been trained and certified and appointed by the municipality.Any term which is defined in the Act or its Regulations, but which is not defined in this Bylaw, shall have the meaning given to it in the Act or such Regulation.
2. Principles and objectivesThe municipality, acting under the Constitution and relevant legislation, and being aware of its duty to control parking within its areas of jurisdiction so as to provide a safe environment for all people within the municipal area, adopts these Bylaws with the aim of controlling parking within its area of jurisdiction.
3. Establishment of metered parking bays and metered parking groundsThe municipality may from time to time -
4. Parking fees and parking timesNo person may, during business hours, park a motor vehicle on a metered parking bay or metered parking ground, or cause a motor vehicle to be so parked -
5. Operation of parking metersAny person parking a motor vehicle or causing any motor vehicle to be parked on any metered parking bay or metered parking ground, during business hours, shall immediately-
6. ExemptionsNotwithstanding anything contained in this Bylaw, the following persons are exempt from the payment of parking fees:
8. Abandoned motor vehiclesAny motor vehicle which is parked in the place on a parking area for a continuous period of seven days or longer without being removed by the owner or owner's representative, is deemed to be an abandoned vehicle and must be removed by the Council and the Council be indemnified accordingly.
9. Refusal of admission
10. Towing and clamping
11. Parking meter attendants and traffic wardens
13. Parking penalties
14. Service providers
16. Municipality not liable for damageThe municipality is not liable for the loss of or damage howsoever caused, to any vehicle or person or any accessories ,or contents of a vehicle which has been parked in a parking ground.
17. OffencesAny person who contravenes or causes or permits a contravention of any provision of this Bylaw, shall be guilty of an offence and liable on conviction to a fine not exceeding R 5000-00 or in default of payment, imprisonment for a period not exceeding six months.
18. Parking tariffs
|0 to 15 minutes||R3-00|
|15 to 30 minutes||R5-00|
|30 to 45 minutes||R8-00|
|45 to 60 minutes||R10-00|
|Custody Costs (per day)||R1000-00|
|Towing per KM||R20-00|
|Daily Rate or part thereof||R1000-00|
19. Repeal of bylawsThe Council's existing parking meter bylaws are hereby repealed.
20. Short title and commencementThese Bylaws shall be known as the Mbizana Parking Meter Bylaws and shall come into effect upon its approval by the Mbizana Local Municipality.
- Entire By-law
- 1. Definitions
- 2. Principles and objectives
- 3. Establishment of metered parking bays and metered parking grounds
- 4. Parking fees and parking times
- 5. Operation of parking meters
- 6. Exemptions
- 7. Prohibitions
- 8. Abandoned motor vehicles
- 9. Refusal of admission
- 10. Towing and clamping
- 11. Parking meter attendants and traffic wardens
- 12. Presumptions
- 13. Parking penalties
- 14. Service providers
- 15. Payment
- 16. Municipality not liable for damage
- 17. Offences
- 18. Parking tariffs
- 19. Repeal of bylaws
- 20. Short title and commencement
History of this By-law
21 October 2019 this versionPublished in Eastern Cape Provincial Gazette no. 4329