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Outdoor Advertising and Signage 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 29 July 2020]
Purpose of By-Law• To promote the tidiness of the environment and the safety of residents; and• to provide for procedures, methods and practices for the use of land and buildings for the purposes of outdoor advertising and signage and matters incidental thereto.
1. DefinitionsIn this by-law, 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:—"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."clear height" of a sign shall mean the vertical distance between the lowest edge of such sign and the natural or the finished 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."development board" means a sign displayed at premises upon which building operations are currently in progress and relating to any services being provided, work being done or goods being supplied in connection with such building operations. This excludes contract boards for building and civil engineering projects as required in terms of the National Building Regulations and Control Act, 103 of 1977 as amended from time to time and defined in terms of the General Conditions of Contract and/or Specifications of the appropriate institutions."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."estate agency" means a person who markets and/or sells properties with or without buildings erected thereon and "estate agent" has 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 250 mm 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 0,80 m² 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."main wall" of a building shall mean any external wall of such building but shall not include a parapet wall, balustrade or railing of a verandah or a balcony."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, councillor, 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, councillor, agent or employee;"new sign" shall mean any sign first displayed after the promulgation of this by-law."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 alteration of or the addition to a sign, or in relation to the intended or attempted display or alteration 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 250 mm 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)any 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."security sign" means an outdoor sign for neighborhood watch and similar schemes, and a sign containing the name, logo, address and telephone number of a security company contracted to protect, or security system installed to protect, the premises on which the sign is displayed."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 verandah 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."temporary" means fixed by means of paste or adhesive and which does not exceed a continuous period of thirty days;"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."transit advertising" means advertising by means of a movable sign which is capable of being transported by road either on or in conjunction with a motorized vehicle, including trailers primarily used for advertising.
2. Disfigurement(a)No person shall by means of posters or other signs disfigure the front or frontage of any public road, wall, fence, land, rock, tree or other natural feature, or the front or frontage or roof of any building otherwise than is provided in this by-law and any person who contravenes the provisions of this section shall be guilty of an offence.(b)A municipality may, subject to such conditions as it may deem fit, grant permission for the display of posters on special occasions such as elections, festivities, university rag processions, etc.
3. Submission of Application
4. Compliance of existing signs
6. Contents of Signs
7. Signs on BuildingsThe 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 under mentioned signs or the use of certain colours therein:—(a)Flat signs.(b)Projecting signs.(c)Sky signs.(d)Signs affixed to or painted on verandah or balconies.(e)Signs painted on sun blinds 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. Flat Signs
9. Projecting Signs
11. Signs on Verandah and Balconies
12. Signs over footways and roadways
13. Prohibited signs
14. Signs on walls, fences and hoardings
15. Signs on poles and other structures
16. Signs on vehicles and signs carried in streets
17. Illuminated Signs
18. Structural requirements
19. Use of glassAll glass used in signs (other than glass tubing used in neon and similar signs) shall be plate glass at least 5 mm thick.
20. Precautions against fireExcept as provided in section 22, 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.
21. Electrical requirements
23. Signs exempted from approval subject to certain conditions and requirements
24. Factors relating to specific signs
25. SavingsNothing in this by-law 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.
26. Waiver of Regulations
27. OffencesAny person who:(1)contravenes or fails to comply with any provision of this by-law; or(2)contravenes or fails to comply with any requirement set out in a notice served on him in terms of this by-law; or(3)contravenes or fails to comply with any condition imposed in terms of this by-law; or(4)knowingly makes a false statement in respect of any application in terms of this by-law,shall be guilty of an offence and upon conviction be liable to:(a)a fine or imprisonment, or either such fine or such imprisonment or both such fine and such imprisonment;(b)in the case of a continuing offence, an additional fine or an additional period of imprisonment or either such additional fine or such additional imprisonment or both such additional fine and imprisonment for each day on which such offence is continued, and(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention.
- Entire By-law
- 1. Definitions
- 2. Disfigurement
- 3. Submission of Application
- 4. Compliance of existing signs
- 5. Enforcement
- 6. Contents of Signs
- 7. Signs on Buildings
- 8. Flat Signs
- 9. Projecting Signs
- 10. Sky-signs
- 11. Signs on Verandah and Balconies
- 12. Signs over footways and roadways
- 13. Prohibited signs
- 14. Signs on walls, fences and hoardings
- 15. Signs on poles and other structures
- 16. Signs on vehicles and signs carried in streets
- 17. Illuminated Signs
- 18. Structural requirements
- 19. Use of glass
- 20. Precautions against fire
- 21. Electrical requirements
- 22. Exemptions
- 23. Signs exempted from approval subject to certain conditions and requirements
- 24. Factors relating to specific signs
- 25. Savings
- 26. Waiver of Regulations
- 27. Offences
- Schedule 1
- Schedule 2
- Schedule 3
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.