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Holding of Events By-law, 2019
- Published in Government Gazette no. 8177 on 15 November 2019
- Commenced on 15 November 2019
- [Up to date as at 9 April 2021]
Definitions and application
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context otherwise indicates:–"authorised official" means a person appointed as such in terms of section 13(2);"Council" means the municipal council of Matzikama Municipality;"event" means any public gathering of not less than 20 participants excluding filming to be considered on merit based on the impact on the surrounding of the purpose built venue or alternatively in a street or at a public place or any other municipal owned property to which the public has access, for any purpose, including—(a)a sporting, recreational or entertainment event, including live acts;(b)an educational, cultural or religious event;(c)a business event including any marketing, public relations, promotional or exhibition event;(d)a charitable event, including any conference or organisational or community event;(e)filming which is of such a nature that it may have an effect on traffic or pedestrians or that it may draw spectators; or(e)any other similar event;"event organiser" means a person, who applies to hold an event in terms of section 4, whether in personal capacity or on behalf of another person, body or organisation;"participants" mean spectators, the event organiser and event crew;"fees" means the fees determined in terms of the Municipality’s Tariff Policy;"municipal manager" means the person appointed as municipal manager for the Municipality in terms of section 54A of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) or a person acting as such;"municipality" means the Municipality of Matzikama, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, duly authorised agent or any employee 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, office bearer, agent or employee;"permit" means a permit issued by the municipal manager or delegate for the holding of an event;"public place" means any parking area, recreational area, area of relaxation, sport grounds,beach,open place, unused or vacant municipal land, places at any time been dedicated to the public or at any time declared or rendered as such by the Municipality or other competent authority,"public facilities" means facilities providing services to the community which cannot be supplied directly to the individual land unit satisfying specific individual and/or community needs including safety; security; communication, recreation; sport; education; health; public administration; cultural and social needs generally regarded as the responsibility of a sphere of government but also provided privately when it is perceived that the government provided services are inadequate."public property" means all land owned by any organ of state and public property not registered in the name of the Matzikama Municipality that is used, managed, protected, conserved and enhanced in the interests of the whole community, e.g. road reserves, open space and state land that vests in the Municipality or is proclaimed by any other organ of state."public road" means any road, street or thoroughfare or any public place (whether a thoroughfare or not) which is commonly used by the general public or to which the public has a right of access and having been proclaimed accordingly by the Municipality and / or indicated as such on a Surveyor General approved diagram."purpose-built venue" means a venue zoned, built and suitable for the holding of specific events;"SANS" means the South African National Standards contemplated in section 2 of the Standards Act,1993, (Act 29 of 1993), and SANS followed by any number means a reference to a SANS code of practice, specification or standard of the corresponding number;"venue" means any open space, enclosed or semi-enclosed temporary structure or permanent structure to which the public has access –(a)within which a temporary or permanent structure may be erected, where an event is to be hosted; and(b)which, may consist of –(i)seating for spectators, attendees or an audience; or(ii)a playing field or a permanent or temporary podium or other area within a venue,reserved for the purposes of hosting an event;"venue owner" means any person who, directly or indirectly, owns, leases, rents, acquires, or exercises the powers of an owner or occupier of a venue.
2. Application of this by-law
Permit application process, requirements and enforcement
3. Permit requirement for eventSubject to section 11, no person may hold an event unless a permit has been issued upon application made in terms of section 4.
4. Application for permit to hold event
5. Criteria and conditions
6. Requirements and conditions
7. Holding of eventAn event organiser whose application has been approved in terms section 4 is responsible for the event and must ensure—(a)that the event is held in compliance with this by-law, the conditions imposed by the municipal manager and any other law that is applicable;(b)that the event complies with the requirements of SANS 10366:2006 in so far it relates to safety and health at the event;(c)that the conduct of persons attending the event and the activities undertaken or carried out at the event do not detrimentally impact on affected communities during the event; and(d)compliance with any compliance notice or other notice issued by the municipal manager or an authorised official in terms of section 8 or 10.
8. Compliance notices
9. Inspections and right of access
10. Suspension and revocation of permit
12. Agreements and partnershipsThe municipality may, subject to any other law, enter into an agreement or partnership with an event organiser for the holding and management of an event.
14. Offences and penaltiesA person who fails to comply with—(a)section 3;(b)section 4(1);(c)section 6(1);(d)a condition to a permit; or(e)a notice issued in terms of section 8 or 10, commits an offence and is on conviction liable to-(i)a fine or imprisonment or to both such fine and such imprisonment; and(ii)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued and,(iii)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 or failure.
15. AppealA person whose rights are affected by a decision delegated by the Municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision
16. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the Municipality or by any of the disestablished municipalities now incorporated in the Municipality are hereby repealed as far as they relate to matters provided for in this by-law.
17. Short title and commencementThis by-law shall be known as the By-law on the Holding of Events and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Definitions and application
- Chapter 2 – Permit application process, requirements and enforcement
- Chapter 3 – General provision
History of this By-law
15 November 2019 this versionPublished in Government Gazette no. 8177By-law commences.