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This is the latest version of this By-law.
Street Trading 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 23 September 2022.]
Interpretation and freedom of trade
2. Freedom of tradeStreet trading is freely permitted in all public streets and public places in the municipal area, subject to the provisions of this by-law.
General supervision and control
3. General conductA person trading shall—
4. CleanlinessA street trader shall—
5. Obstruction of pedestrians, display windows, street furniture, etc.No person shall trade at a place where—
6. No street trading in stands or areas which have been let except by the lesseeIf the Council has let or otherwise allocated any stand or an area set apart or otherwise established for street trading purposes, as contemplated in section 6A(3)(c) of the Act, no person may trade on such stand or in such area if he is not in possession of proof that he has hired such stand or area from the Council or that it has otherwise been allocated to him.
Trading near certain residential and business premises
7. No trading near residential buildings in certain circumstancesNo person shall trade in that half of a public road adjacent to a building used for residential purposes if—
8. No trading near certain business premisesNo person shall trade on a verge adjacent to any part of a building in which business is being carried on by a person (other than a department store or supermarket or other supplier of many different lines of goods) who as one of his/her principal lines sell goods of the same nature as or of a similar nature to goods being sold by the street trader, without the consent of that person.
Restrictions relating to vehicular traffic
9. Obstruction of vehicular traffıcNo person shall trade at a place where—
10. Restrictions on dimensions and mass of vehicles contemplated in regulation 305(2) of the regulations promulgated under the National Road Traffıc Act, 1996 (Act 93 of 1996)No person shall, for the purpose of trading in a public place, park on a sidewalk any cart, trolley, trailer or similar vehicle which exceeds—
11. Restrictions affecting public roads contemplated in regulation 322 of the regulations promulgated under the National Road Traffıc Act, 1996 (Act 93 of 1996)
Gardens and parks, and verges next to certain buildings
12. No trading in certain gardens and parks, except where and as specifiedNo person may trade in a garden, park, public parking area, or public place to which the public has the right of access, whether the carrying on of the business is permissible or not, without the written permission of the council which permission shall not be unreasonably withheld. Such permission may be granted subject to certain conditions such as cleanliness, protection of public health, availability of toilet facilities, the provision of potable water as well as acceptable refuse storage and removal arrangements.
13. No trading on verges next to certain public buildings, places of worship and national heritage sites, except where and as specifiedNo person shall trade on a verge adjacent to any public building, place of worship or national heritage site.
Restricted areas and prohibited areas
14. Restricted areasNo person shall trade in a restricted outside a stand or area set apart for trading purposes as contemplated in section 6A(3) of the Act.
15. Prohibited areasNo person shall trade in any prohibited area. (See Schedule A)
Enforcement and penal provisions
16. Signs indicating restrictions and areasThe Council shall—
17. Removal and impoundment
18. ChargesThe council shall from time to time fix charges payable to it for the letting of stands or stalls in demarcated areas under its control from where carrying on of the business of street trader is permissible.
20. Constitution of Appeal Committee
21. Procedure at appeal meetings
22. OffencesAny person who—
23. PresumptionsIn any prosecution of an offence under this by-law, an allegation in the charge concerned that—
25. Vicarious liability of persons carrying on businessWhen an employee of a person conducting the business of street trading performs or omits to perform any act which would be an offence in terms of this by-law for that person to perform or omit to perform, that person shall be deemed himself to have performed or omitted to perform the act, unless he satisfies the court that—
26. Vicarious responsibility of employeesWhen a person carrying on the business of street trading is by virtue of section 22 liable for an act or omission by an employee of that person, that employee shall also be liable therefore as if he were the person carrying on the business concerned.
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.