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Control of the Seashore and the Sea Situated Within or Adjoining the Area of Jurisdiction of the Municipality of Cederberg By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [Up to date as at 28 May 2021]
Purpose of By-Law• To promote the achievement of a safe and healthy environment for the benefit of visitors and the residents in the area of jurisdiction of the municipality;• To provide for procedures, methods and practices to regulate the use and management of bathing and beach areas.
1. DefinitionsIn this by-law, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:—"Act" means the Seashore Act, 1935 (Act 21 of 1935);"bathing area" means that portion of a beach area habitually used by members of the public for bathing purposes and includes an area declared to be a bathing area in terms of section 14;"beach area" means the sea, seashore and any land owned by the municipality above the high water mark and adjoining or abutting the seashore and used or capable of being used by the public for recreational purposes, including any facility, promenade, walkway, sand dune, car park or lawn;"boat" means any water-navigable craft of whatsoever nature, whether self-propelled or not;"facility" includes a bathing enclosure, boat shed, bathing box, change room, pool, pavilion, playground, cubicle, shower or toilet;"litter" means any object or matter discarded or left behind by a person in whose possession or control it was;"liquor" shall bear the meaning as assigned thereto in paragraphs (a), (b), (c) and (d) of the definition of "liquor" contained in section 2 of the Liquor Act, 1989 (Act No. 27 of 1989);"motorised craft" means any boat driven or propelled or capable of being driven or propelled directly or indirectly on or in water by mechanical or electrical power;"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office-bearer, municipality or, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office-bearer, municipality or, agent or employee;"nuisance" means any conduct or behaviour which constitutes or may constitute a source of danger, inconvenience or annoyance to or a material interference with the ordinary comfort or convenience of other persons;"pool" means a bathing or swimming pool provided by, belonging to or under the control of the municipality;"publish in the press" shall have the meaning assigned thereto in section 21 of the Local Government: Municipal Systems Act, 32 of 2000;"sign" means a written notice erected by the municipality and includes a pictogram as approved by the municipality; and"surf" means riding waves on a board or similar contrivance capable, when in motion, of sustaining a person, and includes riding a sailboard propelled or driven by wind power or operating on a sail.
2. Entry to, use and closing of facilities
3. Segregation of sexesNo male or female over the age of seven shall enter any facility reserved by a sign for the exclusive use of the opposite sex.
4. ClothingNo person shall bathe or appear in any facility unless wearing a bathing costume or clothing complying with the requirements of decency.
5. Safety appliancesNo person shall handle, interfere with, disturb or remove any safety rope or other appliance provided for the assistance of distressed bathers, except for the purpose of rendering assistance to any such bather.
6. Dangerous articlesNo person shall—(a)bring onto or into any bathing area or into any pool or have in his possession in or on such bathing area or in such pool any glass bottle or other container made of glass; or(b)throw or deposit into any pool or into or onto a beach area—(i)any glass bottle or other container made of glass; or(ii)any object or matter likely to be dangerous to health or likely to disturb the convenience or comfort of or likely to be a source of danger or injury to any person.
7. LitteringNo person shall in or on any beach area discard, dump or leave or cause to be discarded, dumped or left any litter except in a container or at a place provided for that purpose.
8. Undesirable conductNo person shall—(a)behave in a disorderly or improper manner;(b)commit a nuisance;(c)hinder, interfere with, obstruct or use insulting or obscene language towards any employee of the municipality in the execution of his duty;(d)refuse or fail to obey a lawful order given by an employee of the municipality in the execution of his duty; or(e)introduce into or possess or consume on or in any bathing area any liquor after the municipality has defined such bathing area as an area into which the introduction of liquor or in which the possession or consumption of liquor is prohibited and a notice has been published in the press of such prohibition and a sign erected on or at such bathing area indicating that the introduction into or the possession or consumption on or in such bathing area of liquor is prohibited.
9. Dogs and animals
10. Aquatic sports and gamesNo person shall—(a)in or on any beach area organise or compete in any swimming race or aquatic sport, or organise training in respect of such water- or any other sport, except with the consent of the municipality and at such time and place as the municipality may have determined;(b)dive into the water in any bathing enclosure or pool except from the side thereof or from a diving platform provided for that purpose;(c)bathe, surf, paddle ski, kite ski or engage in any similar activity where bathing, surfing, paddle skiing, kite skiing or any similar activity has been prohibited by a sign; or(d)in or on any beach area play any game where the playing of games has been prohibited by a sign.
11. FishingNo person shall—(a)fish from or throw or cast any net or fishing line in or into any bathing enclosure, pool or bathing area unless—(i)such person has, prior to the promulgation of this by-law, acquired the right to fish from any part of the seashore which is a bathing area; or(ii)such area has been set aside by municipality for fishing purposes and indicated by a sign to that effect;(b)launch any boat where launching is prohibited by a sign.
12. GeneralNo person shall—(a)enter or use any facility while knowingly suffering from any cutaneous or communicable disease;(b)use as a bathing cubicle any property of the municipality not intended to be so used;(c)camp, light a fire, or cook any food other than in place set aside for that purpose;(d)without the prior written consent of and subject to the conditions imposed by the municipality in or on any beach area—(i)erect any construction designed for amusement;(ii)give any performance or provide any entertainment;(iii)hawk or exhibit any goods or carry on any other business;(iv)use any loudspeaker, amplifier or similar equipment; or(v)construct, erect or fix any building or structure of whatsoever nature, or pitch any tent of the like;(e)remove any vegetation, sand, shingle, rock or stone unless he is an employee of the municipality in the course of his duties;(f)use any facility set aside by the municipality for the exclusive use of children under a particular age if such person is older than such age;(g)without the consent of the municipality in any bathing enclosure or pool use any flippers, goggles or other underwater swimming or spear-fishing equipment;(h)wilfully or negligently damage, deface or defile in any way whatsoever any tree, shrub, building or structure including any bench, door, furniture or equipment, or any cubicle, water closet, shower, toilet or urinal;(i)cause any motorised craft to approach within 100 metres of any bather or within 100 metres from the low-water mark in any bathing area save for the purpose of rendering assistance in an emergency, in the lawful exercise of existing fishing rights, in the course of law enforcement or if written permission has been obtained from the municipality;(j)sit, lie or cause any obstruction whatsoever on or at any walkway;(k)drive or ride any vehicle or animal in or on any beach area unless he is an employee of the municipality acting in the course of his employment, a person authorised by the municipality to do so or a law enforcement officer in the course of his duties;(l)park any vehicle or trailer on any ramp used for launching of boats;(m)cycle, roller-skate, skate or use any similar contrivance where such conduct is prohibited by a sign;(n)smoke in disregard of any sign prohibiting smoking; or(o)discharge any fireworks or fire arm except in or from an area defined in a notice published in the press as an area in which or from where fireworks or fire arms may be discharged.
13. FeesThe municipality may from time to time fix fees or tariffs of fees for the use of any facility or property owned by the municipality.
14. Declaration of bathing areasThe municipality may by notice published in the press and the erection of a sign at or on a beach area, declare such beach area to be a bathing area.
16. Searching, seizure and disposalAn employee of the municipality in the execution of his duties, may in accordance with the provisions of the Criminal Procedure Act (Act No. 51 of 1977) search any person for and seize and dispose of anything—(i)which is concerned in or is on reasonable grounds believed to be concerned in a contravention of or failure to comply with any provision of this by-law;(ii)which may afford evidence of such contravention or failure; or(iii)which is intended to be used or is on reasonable grounds believed to be intended to be used in such contravention or failure.
17. ApplicationThis by-law shall apply to the beach areas situated within or adjoining the area of jurisdiction of the municipality.
18. PenaltiesAny person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to—
- Entire By-law
- 1. Definitions
- 2. Entry to, use and closing of facilities
- 3. Segregation of sexes
- 4. Clothing
- 5. Safety appliances
- 6. Dangerous articles
- 7. Littering
- 8. Undesirable conduct
- 9. Dogs and animals
- 10. Aquatic sports and games
- 11. Fishing
- 12. General
- 13. Fees
- 14. Declaration of bathing areas
- 15. Signs
- 16. Searching, seizure and disposal
- 17. Application
- 18. Penalties
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.
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