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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
- [This is the version of this document from 22 October 2004 and includes any amendments published up to 17 June 2022.]
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—
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—
9. Dogs and animals
10. Aquatic sports and gamesNo person shall—
11. FishingNo person shall—
12. GeneralNo person shall—
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—
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
2. Entry to, use and closing of facilities
3. Segregation of sexes
5. Safety appliances
6. Dangerous articles
8. Undesirable conduct
9. Dogs and animals
10. Aquatic sports and games
14. Declaration of bathing areas
16. Searching, seizure and disposal
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.
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