To provide a set of regulations governing the use of land and buildings for outdoor advertising and signage and for matters incidental thereto.
Outdoor Advertising and Signage By-law,
1.2DefinitionsIn this by-law, unless the context otherwise indicates:ADVANCE SIGN means a sign indicating the direction or distance to a facility, locality, activity, service or enterprise.ADVERTISEMENT means any visible presentation of a word, name, letter, figure, object, mark or symbol or of an abbreviation of a word or name, or of any combination of such elements with the object of transferring information, including an election advertisement.ADVERTISER means the person, or the proprietor of an enterprise, placing an advertisement, alternatively the supplier of a product which is being advertised.ADVERTISING means the act or process of notifying, warning, informing, making known or any other act of transferring information in a visible manner.ADVERTISING DEVICE means any physical device which is used to display or transfer an advertisement or which is in itself an advertisement.ADVERTISING STRUCTURE means any physical structure built to display an advertisement.AERIAL SIGN means any sign which is affixed to or produced by any form of aircraft, balloon or blimp and which is displayed in the air. Furthermore, aerial sign means a sign which is exhibited, displayed or performed in the air with the aid of balloons, searchlights, aircraft or similar means.ANIMATION means a process whereby an advertisement’s visibility or message is enhanced by means of moving units, flashing lights or similar devices.APPLICANT means the owner of the advertising structure or device.AREA OF CONTROL refers to the degree of advertising control to be applied in a specific area, i.e. maximum, partial or minimum control, in accordance with the visual sensitivity of the area and traffic safety conditions. Area of control is also used to express the degree of landscape sensitivity of specific areas.ARTERIAL ROAD means a road which, in the opinion of the roads authority, functions as a main carrier of traffic within an urban area, and which is of a lower order than a freeway.AUTHORISED OFFICIAL means an official of the Municipality authorised to implement the provisions of this by-law.BACKLIGHT UNITS (BACKLIT) means advertising structures or devices which house illumination in a box to throw light through translucent advertising printed on plastic or heavy duty paper for higher visibility and extended night viewing.BALCONY means a platform projecting from a wall, enclosed by a railing, balustrade or similar structure, supported by columns or cantilevered out and accessible from an upper-floor door or window.BASIC LANDSCAPE SENSITIVITY indicates the visual or aesthetic sensitivity of the landscape with regard to outdoor advertisements and signs in terms of three basic landscape types which are, in order of sensitivity, natural, rural and urban landscapes.BILLBOARD means any screen or board larger than 4,5m², supported by a free-standing structure, which is to be used or intended to be used for the purpose of posting, displaying or exhibiting an advertisement and which is also commonly known as an advertising hoarding. The main function of a billboard is to advertise non-locality bound products, activities or services.BIT OF INFORMATION refers to the basic unit for measuring the length of advertising messages and may consist of letters, digits, symbols, logos or abbreviations.BUILDING means any structure whatsoever with or without walls, with a roof or canopy and a means of ingress and egress underneath such roof or canopy.CANOPY means a structure in the nature of a roof projecting from the façade of a building and cantilevered from that building or anchored otherwise by columns or posts.CLEAR HEIGHT means the vertical distance between the lowest edge of a sign and the level of the ground, footway or roadway immediately below such sign.COMBINATION SIGN means a single free-standing advertising structure for displaying information on various enterprises and services at locations such as road-side service areas, urban shopping centres and other urban complexes.CORPORATE SIGNAGE means trademark, brand-name, franchise and such like signage where only a specified range of signage is available to the proprietor of an enterprise.CONTROLLING AUTHORITY means the authority or body, including the Municipality, which exercises control over the erection or placement of advertising signs within the area of jurisdiction of the Municipality.COPY means the complete advertising message to be displayed on the advertising structure.CUT-OUTS means letters, packages, figures or mechanical devices attached to the face of an outdoor sign, which might extend beyond the rectangular area for greater attention value, can provide a three-dimensional effect and are also commonly known as add-ons or embellishments.DEEMED CONSENT (PERMITTED WITH) means a sign which is deemed approved without the controlling authority having to provide specific consent.DIRECTION SIGN means a guidance sign provided under the South African Traffic Sign System and used to indicate to the road user the direction to be taken in order that they may reach their intended destination.DISPLAY OF A SIGN includes the erection of any structure if such structure is intended solely or primarily for the support of such sign.DISPLAY PERIOD means the exposure time during which the individual advertising message is on display.ELECTRIC SIGN means a sign in which electric current is used.ELECTRONIC SIGN means a digital or analogue sign which can display permanently changing images or animation by means of LCD or plasma screens. An electronic sign is animated, but an animated sign is not necessarily electronic.ENTERPRISE means a business undertaking.ESTATE AGENCY OR AGENT means a person, or group of persons, natural or legal, who renders any service referred to in subsections (i) to (iv) of paragraph (a) of the definition of "Estate Agent" in section 1 of the Estate Agents Act, 1976 (Act 112 of 1976), as amended, or an estate agent as defined in sub-section (vi) of section 1 of Act 112 of 1976.FACADE means the principal front or fronts of a building.FLASHING SIGN means a sign in which the visibility of the contents is enhanced by their intermittently appearing and disappearing or being illuminated with varying intensity or colours.FLAT SIGN means any sign which is affixed to any external wall of a building used for commercial, office, industrial or entertainment purposes, but excluding a parapet wall, balustrade or railing of a veranda or balcony of any such building, which sign at no point projects more than 300mm from the surface of such a wall and which may consist of a panel or sheet or of individual numbers, letters or symbols.FREE-STANDING SIGN means any immobile sign which is not attached to a building or to any structure or object not intended to be used for the primary purpose of advertising.FREEWAY means a road designated as a freeway by means of a road traffic sign.GANTRY BILLBOARD is a billboard placed on a structure specifically built for the purpose of advertising and which straddles a road.GANTRY means a structure specifically built for the purpose of supporting billboards and which spans a road.GATEWAY means a prominent entrance to or exit from an urban area or a specific part of an urban area, consisting of man-made or natural features and creating a strong sense of arrival or departure.GROUND LEVEL means the level immediately below any portion of a sign and means natural ground level where the natural ground level is uncovered and where such ground level is covered, the top surface level of the covering on the natural ground.HEIGHT (OF A SIGN) means the vertical distance between the ground level and the uppermost edge of a sign.ILLUMINATED means any advertising structure which has been installed with electrical or other power for the purpose of illumination of the message of such sign.ILLUMINATED SIGN means a sign, the continuous or intermittent functioning of which depends upon it being illuminated by means of either external or internal illumination.LIMITED USE AREA means an area of 50 metres outside the road reserve boundary of a freeway to which the same restrictions apply as the actual freeway reserve but where consent is given under certain circumstances for the display of specific sign types in order to indicate enterprises situated in such a limited use area.LOCALITY-BOUND SIGN means a sign displayed on a specific site, premises or building and which refers to an activity, product, service or attraction located, rendered or provided on that premises or site or inside that building.LOCATION SIGN means a guidance sign provided under the SA Road Traffic Sign System and used to identify places or locations which either provide reassurance during a journey or identify destinations such as town, suburbs or streets near the end of a journey.MAIN ROOF-LINE OF A BUILDING means the gutter-line or wall plate level of any roof of a building other than the roof of a veranda or balcony.MAIN WALL OF A BUILDING means any external wall of a building, but does not include a parapet wall, balustrade or railing of a veranda or a balcony.MAXIMUM AREA (OF A SIGN) means the measured area of a signboard, or where there is no backing board to the sign, the area of an imaginary rectangle drawn around the outer extremities of the contents of a sign.MOBILE OR TRANSIT SIGN means an advertisement attached to or displayed on a vehicle, vessel or craft on land, on water or in the air.MUNICIPAL PROPERTY means immovable assets in the registered ownership of the Municipality, and includes land, improvements, road reserves and infrastructure.MUNICIPALITY means the Matzikama Municipality established in terms of section 12 of the Local Government: Municipal Structures Act 117 of 1998, and includes any political structure, political office bearer, or duly authorized 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, agent or employee.NATIONAL BUILDING REGULATIONS means the regulations promulgated from time to time under the National Building Standards and Regulations Act, 1977 (Act 103 of 1977), as amended from time to time.NATURAL LANDSCAPE means relatively unspoilt areas outside urban areas such as natural parks, game reserves, marine reserves, wilderness areas and extensive agriculture and scenic corridors.OUTDOOR ADVERTISING means the act or process of notifying, warning, informing, making known or any other act of transferring information in a visible manner and which takes place out of doors.PERMANENT SIGN means a sign that may be displayed for a maximum of five years or any other period approved by the relevant controlling authority.PERSON means a natural or legal person.POSTER means any placard announcing or attracting public attention to any meeting, event, function, activity or undertaking or to the candidature of any person nominated for election to parliament, local government or any similar body or to a referendum, or any placard advertising any product or service or announcing the sale of any goods, livestock or property.PRESCRIPED FEE means the fees set out in the approved Municipal Tariff Schedule.PROJECTED SIGN means any sign projected by a cinematograph or other apparatus.PROJECTING SIGN means any sign which is affixed to a main wall of a building which is used for commercial, office, industrial or entertainment purposes and which projects more than 300 mm from the surface to the main wall and is affixed at a right angle to the street line.ROAD TRAFFIC SIGN means any road traffic sign as defined in the National Road Traffic Act, Act 93 or 1996 as amended, the detailed dimensions and applications of which are controlled by the regulations to this Act and the 3rd (1999) edition of the SADC Road Traffic Signs Manual.ROOF SIGN means a sign attached to or painted on a roof of a building.ROTATING SIGN means a sign which rotates on any axis.RUNNING LIGHT SIGN means a sign or 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 light moving steadily along such strip.RURAL LANDSCAPE refers to areas of transition between developed urban areas and relatively unspoilt natural areas. Typical rural land use forms include intensive agriculture, subsistence agriculture and peri-urban smallholdings of a rural nature with relatively low population density.SAMOAC means the South African Manual for Outdoor Advertising Control (April 1998 as amended) published by the National Department of Environment Affairs and Tourism;SCROLLING SIGN which means a sign which, by mechanical means, permits the rotation or changing of advertising faces to display a series of advertisements on one side of the sign structure.SIGN OR SIGNAGE is a more comprehensive term than "advertisement" and refers to any advertisement or object, structure or device which is in itself an advertisement or which is used to display an advertisement, give instructions or provide information as set out in Schedule A of this by-law.SIGNAGE MASTER PLAN means a set of design guidelines, not in conflict with this by-law, which will govern the type and style of signage to be utilized on a building or erf containing more than one enterprise or undertaking.SKY SIGN means a very large sign between 75m² to 300m² on top of a building and which may form an important landmark.SPATIAL DEVELOPMENT FRAMEWORK means a strategic spatially based policy guidelines and proposals whereby changes, need and growth in the area can be managed to the benefit of the environment and its inhabitants.STREET means any public street, avenue, sidewalk, public open space or park within the area of the jurisdiction of the Municipality.STREETSCAPE means a street or a portion of a street in an urban area or any part of an urban area.STREET FURNITURE means public facilities and structures which are not intended primarily for advertising but which are provided for pedestrians and commuters and may include seating benches, planters, pavement litter-bins, bus shelters, pavement clocks and drinking fountains.STREET POLE ADS means a sign which consists of permanent signs attached to electrical light poles within the road reserve to advertise primarily commercial third party advertisements in the urban environment.STROBE LIGHT means an electronic tube that can emit extremely rapid, brief and brilliant flashes of light.TEMPORARY ADVERTISING STRUCTURE OR SIGN means the time period, other than permanent, laid down by the Matzikama Municipality as a condition of approval for the erection or display thereof, within which the structure/sign is to be removed.TOURISM SIGN means a sign erected on a national, provincial or municipal road which provides information on routes, destinations, facilities, services and/or attractions and which is of primary interest for tourists as prescribed in the " South African Road Traffic Sign Manual" (Refer to Schedule B for conditions and application procedures).TOWER means a tall equilateral or circular self-standing structure.TRI-VISION means a display embellishment which, through the use of a triangular louver construction, permits the display of three different copy messages in a pre-determined sequence.URBAN AREA means a human settlement with a permanent population of more than 1000 people.URBAN LANDSCAPE means an urban area or any part of an urban area.VEHICULAR ADVERTISING means advertising on self-driven vehicles which are normally driven on land or water and which are normally moving.VERANDA means a structure in the nature of a roof attached to or projecting from the façade of a building and supported along its free edge by columns or posts.VISUAL ZONE refers to a zone considered to be an area of maximum control, visible from an urban freeway, extending a distance of 50 metres in any direction from the freeway reserve boundary, but which excludes all visually isolated space which cannot be seen from such a freeway.WINDOW SIGNS means signs which are permanently painted on or attached to the window-glass of a building.NOTE:1. Further important descriptions and sub-definitions appear in Schedule A.2. Conditions applicable to tourism signs on national, provincial and municipal roads are set out in the relevant application forms.1.3Abbreviations and AcronymsAPT’S Automatic Public ToiletsDEAT Department of Environmental Affairs and TourismEAP Environmental Assessment PractitionerEIA Environmental Impact AssessmentEMF Environmental Management FrameworkEMP Environmental Management PlanNEMA National Environmental Management ActOHMSA Out of Home Media South AfricaSANS South African National StandardsSEA Strategic Environmental AssessmentVIA Visual Impact Assessment1.4The purpose of this by-lawThis by-law aims to balance a number of needs in the municipal area, amongst others to1.4.1ensure a well-maintained and attractive townscape;1.4.2ensure adequately identified and communicated advertisements;1.4.3contribute to the conservation of tourism resources; and1.4.4ensure public safety and welfare.1.5Application of the by-law and deferment of compliance1.5.1This by-law deals with the authorisation and regulation of the public display of advertisements within the area of jurisdiction of the Municipality.1.5.2Nothing contained in this by-law shall be construed as being in derogation of any law enacted by a national or provincial authority, in particular, the provisions of the Advertising on Roads and Ribbon Development Act, 1940 (Act 21 of 1940), as amended, or any regulations made in terms thereof in its application to the advertisement to which it refers.1.5.3This by-law shall not apply in respect of signs which are not visible from beyond the boundaries of the property on which they are displayed.1.5.4This by-law shall not, from the date of commencement hereof, apply to any sign lawfully in existence at that date, if such sign is continuou sly displayed without alteration, re-erection or reconstruction and if at all times it complies with this by-law and is maintained in a proper and safe condition.1.5.5All other signs shall be removed or brought into compliance with this by-law within a period of twelve months from date of promulgation hereof, unless more immediate removal or amendment is required by written notification of the controlling authority or for a longer period.1.5.6All applications for outdoor advertising signs in conservation areas shall require the input of the relevant local body concerned with environmental and conservation matters.1.6Guideline framework and the SAMOAC sign typology1.6.1The policy underlying this by-law is the South African Manual for Outdoor Advertising Control (SAMOAC) , as amended from time to time, issued by the Department of Environmental Affairs and Tourism.1.6.2Advertising signage erected or placed within the municipal area must comply with the advertising opportunities for each sign type as well as the specific conditions attached to such opportunities as set out in SAMOAC.1.6.3The sign typology used in this by-law follows the final draft of the revised SAMOAC Manual 1998 as amended on February 2011 and forms the basis for Schedule A.1.6.4Specifications regarding each type of sign are dealt with in terms of the classes used in SAMOAC.1.7Areas of SensitivityThe Municipality may determine areas of visual, environmental or cultural sensitivity within which the approval of the Municipality shall be required for all advertising signage and structures as determined by the Municipality’s Zoning Scheme.1.8Guidelines for signageThe following general guidelines shall apply:1.8.1Signs must be in keeping with the general architectural design and aesthetics of the property to which they relate, and must be in keeping with the character of their immediate surroundings. Preference will be given to signs with a narrow proportional border. Where more than one enterprise is operating on a single property or in a single building, a signage master plan shall be required to be submitted by the owner of the property, for the Municipality's approval prior to any signage being displayed.1.8.2Signs on a property may only relate to the business operated thereon and the products processed, produced or sold thereon.1.8.3No property may be used for the primary purpose of erecting advertising signage.1.8.4A maximum of two signs per enterprise or undertaking per direct street frontage and up to a maximum of three signs per business or undertaki ng shall be permitted on any property.1.8.5The content of a sign may not be offensive, but must be tasteful, simple and informative.1.8.6Illumination may not be a source of light pollution, visual nuisance or interference. An Environmental Impact Assessment (EIA) may be required prior to consideration for approval. Such an EIA, conducted in terms of the National Environmental Management Act (NEMA), could address visual, social and traffic safety aspects.1.8.7A sign or a portion thereof may not protrude above the main roof-line or parapet wall of a building, or beyond the edges of the particular portion of the building to which it is attached, nor conceal architectural detail of facades on buildings. A sign that is affixed to a building may not contain obtrusive visible struts or anchors and the electricity supply to illuminated signs shall be concealed.1.8.8Illumination shall be limited to the face of the sign and where illumination is by external means or spotlight, such illumination will be directed downwards onto the face of the sign and may not cause nuisance to passing traffic or to other properties.1.8.9A minimum clear height of 2,3m shall be adhered to for all signs over public walkways and accesses, except for road traffic signs.1.8.10A sign or a portion thereof may not be placed within 300mm of the vertical line formed by the roadside edge of a kerbed-stone.1.8.11Any sign, including those utilized for advertising of events of a civic, cultural, religious, social, sporting or welfare-related nature may display a sponsor's logo not greater than one-third of the area of the advertising sign.1.8.12Corporate signage must comply with the provisions of this by-law.1.8.13An information "i" sign may only be displayed by an enterprise accredited as an information bureau by the Destination Marketing Organisation in terms of the Western Cape Tourism Act, 2004. (Act 1 of 2004), as amended from time to time.1.8.14All signs on main roads shall comply with the provisions of the Advertising of Roads and Ribbon Development Act, 1940 (Act 21 of 1940), as amended from time to time.1.8.15No advertising pamphlet may be pasted on any wall or structure, without the express permission of the owner thereof. The advertiser shall be liable for any costs involved in removing such advertisements, including where littering has occurred as a result of unauthorised placing of such pamphlets or posters.1.8.16Any vehicle containing signage that such vehicle is for sale and which is parked on municipal land without the prior written approval of the Municipality, may be removed to the traffic pound at the owner's cost and a retrieval cost shall be payable as determined by the Municipality from time to time.1.8.17This by-law must be read together with the Matzikama Municipality’s by-law relating to Streets, Public Places and the prevention and suppression of nuisances.1.9Advertising signage on municipal propertyAdvertising on municipal property –1.9.1will only be permitted in accordance with the provisions of this by-law and the Municipality's policies in this regard, as amended from time to time;1.9.2may only be erected or placed on municipal property with the approval of and in compliance with the policies of the Municipality;1.9.3that has not been erected or placed in accordance with the provisions of this by-law may be removed without written notice at the advertiser's expense and it will only be released to the advertiser after payment of a prescribed fee.
2. The exhibition of temporary advertisements
2.1No advertisement relating to any function, event or presentation outside the Municipality, excluding advertisements relating to charitable, religious, cultural, educational, sporting, political, art or civil functions or meetings, shall be displayed or distributed in any manner.2.2The display of advertisements purely for commercial advertising is not permitted, provided that any poster erected or displayed by a person for a commercial advantage which relates to a sport, the arts or a cultural event may be permitted, despite the display of that poster being purely for commercial advertising.2.3An advertisement shall be attached in such a manner that it will not become wholly or partially dislodged by wind or rain, to a neat and strong board made of wood or other suitable material approved by the Municipality and neither such board or other material nor the advertisement itself shall measure more than 0.9m by 0.6m.2.4A board or material as prescribed in Section 2.3 shall not be placed on or against or be attached to or otherwise supported by any transformer box, telegraph pole, traffic light or sign or other structure or thing erected by the Municipality or the Provincial or National Government, or any other walls, fences, trees, rocks or other natural features, except on or against an electric pole in a street.2.5A board or material as prescribed in Section 2.3 shall be affixed securely with wire not exceeding 8 and not less than 10 standard wire gauge, stout string or plastic fastening.2.6No board or material shall be placed in such a position or fastened in such a manner as is likely in the opinion of the Municipality to constitute a danger to any vehicular traffic or pedestrian in any street.2.7Advertisements may not be displayed within 10m of any road traffic sign, traffic signal or intersection.2.8Only one advertisement per function, or event, per body or political party may be displayed on any one pole.2.9The name of the host organisation, the date of the function and the venue must appear on the advertisements.2.10No advertisement relating to a meeting, function or event other than an election shall be displayed for longer than 14 days before the day on which it begins or longer than three days after the day on which it ends.2.11Election advertisements may be displayed from the date on which an election is proclaimed, provided that no advertisement shall be displayed for longer than sixty days before the day on which the first polling day of the election starts, and must be removed not later than seven days after the day on which the election ends.2.12The maximum number of advertisements to be displayed at any one time relating to a meeting, function, event or election, shall be determined by the Municipality.2.13The Municipality shall itself remove the advertisements which have not been removed within the period specified and the person who displayed such advertisement or caused it to be displayed shall be liable to refund to the Municipality an amount as determined in the Municipal Tariff Schedule as amended from time to time, so removed and for purposes of which an applicant shall sign an undertaking when applying for approval.
3. Prohibited signs
3.1The following signs may not be displayed:3.1.1Any sign which in the opinion of the Municipality, is of an indecent, obscene, repulsive, revolting or objectionable character or content or of a nature calculated to produce a promiscuous or injurious effect on the public or any person, or is displayed in such a place or in such a manner, or by such means affects or is likely to affect injuriously the amenities of, or disfigure or is likely to disfigure, any property or neighbourhood.3.1.2Any sign, including the name or number of the premises in the street in which such sign occurs, which is painted directly on rocks, trees, hillsides or other natural features, and any sign which is, in the opinion of the Municipality, detrimental or is likely to be detrimental to the environment by reason of size, shape, colour, texture, intensity of illumination, quality of design or materials or any other reason provided for in this bylaw or any other law.3.1.3Any sign which obstructs any fire escape or any window or door or other opening used as a means of egress or for which ventilation of for fire-fighting purposes or which prevents the free passage from one part of a roof to another.3.1.4Any sign which unreasonably obscures, wholly or partially, any sign owned by another person previously erected and legally displayed.3.1.5Any self-propelled vehicle, trailer or other craft, carrying advertisements for the sole purpose of advertising, excluding advertising trailers and self-propelled advertising vehicles that have been approved by the Municipality in the case of special events.
4. Application and appeal procedures
4.1Consent required4.2.1No person may, except as otherwise provided for in this by-law, erect or display or cause or permit to be erected or displayed any outdoor sign without the written approval of the Municipality and against the payment of a fee prescribed by the Municipality, provided that no such approval or fee shall be required in respect of:(1)a sign less than 0,75m² in extent on business, commercial, industrial or community facility premises not exceeding 100m² in floor area;(2)a sign less than 1,5m² in extent on business, commercial, industrial or community facility premises greater than 100m² in floor area;(3)a sign less than 0,12m² on residential premises; and which sign complies with the relevant parameters prescribed in this by-law;(4)advertising signs on vehicles, trailers or other craft where such signs are not used for the primary purpose of displaying advertising signs.4.2Application for consent4.2.1A person who intends to erect, alter or display a sign as set out in more detail in Schedule A, and for which the approval of the Municipality is required, must apply to the Municipality on the prescribed form, accompanied by proof of payment of the prescribed application fee.4.2.2The following information must accompany the application referred to in Section 4.2.1:(1)full specifications showing the dimensions and design of such sign, its location or proposed location on a building or other supporting structure, the materials of construction, the name and address of the contractor erecting the sign, and, where applicable, the number of electric lights and electrical details in regard thereto,(2)a plan indicating the position of such sign on the site, detail drawings drawn to an appropriate scale, accompanied by the prescribed fee, and(3)in the case of projecting signs or free-standing signs, information in regard to the size of all members of supporting frameworks and anchorages and, if required by the Municipality, all calculations upon which such size is based.4.2.3The Municipality may refuse any application or grant an application subject to such conditions as it may deem necessary.4.2.4An application for the erection of pavement posters, notices and banners on municipal property must comply with the procedures as contemplated in Schedule A of this by-law.4.2.5If an application is refused, withdrawn or is granted conditionally by the Municipality, the applicant may appeal against such decision as provided for in Section 4.44.3Departures4.3.1An application for a departure from the provisions of this by-law must be submitted in accordance with Section 4.2, accompanied by a motivation and any prescribed fee for consideration of departures from the provisions.4.3.2An applicant may, if deemed necessary, be required to submit an Environmental Impact Assessment with specific emphasis on the visual impact of the proposed departure.4.4Appeals against applications for consentAn appeal against a decision of the Municipality taken in terms of this by-law must be made in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) by giving written notice of the appeal and the reasons therefore within 21 days of the date of notification of the decision to the Municipal Manager.
5. Technical requirements for signage
5.1Safety and construction of signs5.1.1No advertisement or advertising structure, as permitted by this by-law, may:(1)be displayed or placed so as to constitute a danger to any person or property;(2)be so placed or contain an element which distracts the attention of drivers in a manner likely to lead to unsafe driving conditions;(3)be illuminated to the extent that it causes discomfort to or inhibits the vision of approaching pedestrians or drivers;(4)be attached to a road traffic sign or signal, combined with a road traffic sign or signal, unless specifically provided for in the South African Road Traffic Signs Manual (SARTSM), obscure a road traffic sign or signal, create confusion with a road traffic sign or signal, interfere with the functioning of a road traffic sign or signal or create a road safety hazard in the opinion of the relevant roads authority;(5)obscure the view of pedestrians, road and features of the road, or pavement such as junctions, bends and changes in width;(6)exceed the minimum clearance with regard to overhead power lines as prescribed in regulation 15 of the Electrical Machinery Regulations, No R1593 in GG. 11458 of 12 August 1988; and(7)be erected in a power line servitude without the permission of the controlling authority and a copy of such permission must be made available to the Municipality.5.1.2Signs or advertisements positioned along roads and specifically targeting the road user shall be concise and legible and shall comply with the following requirements:(1)No sign displaying a single advertisement or message shall exceed 15 "bits" of information.(2)No combination sign or any other sign displaying more than one advertisement or message shall contain more than 6 "bits" of information per enterprise, service or property or per individual advertisement or message displayed on a combination sign.(3)"Bit" values shall be calculated as follows:
5.1.3Any sign permitted by this by-law must:(1)be neatly and properly constructed and executed and finished in a workmanlike manner;(2)must consist of durable materials in accordance with the function, nature and permanence of the advertisement, sign or structure and materials such as cloth, canvas, cardboard, paper or synthetic cardboard should be used only when essential to the nature and function;(3)have a neat appearance in terms of advertisement content and sign writing;(4)be rigidly and securely attached, supported and anchored in a safe manner so that unwanted movement in any direction is prevented;(5)be capable of effectively securing, supporting and maintaining not less than twice its mass with the addition of any force to which the sign may be subjected, including wind pressure;(6)wherever necessary in accordance with the nature of the sign and when attached to brickwork,masonry or concrete, be securely and effective ly attached thereto by means of bolts securely embedded in such brickwork, masonry or concrete or passing through the same and secured on the opposite side;(7)when attached to conservation-worthy buildings, be attached with the necessary expert advice in order to prevent damage to such buildings;5.1.4Glass used in signs (other than glass tubing used in neon and similar signs) must be safety glass, at least 6mm thick and glass panels used in signs may not exceed 0,900m² in area, each panel being securely fixed in the body of the sign, structure or device independently of all other panels.5.1.5Every illuminated sign and every sign in which electricity is used must be in accordance with the requirements of the Municipality or other electricity regulator and must -(1)have power cables and conduit containing electrical conductors positioned and fixed so that they are not unsightly;(2)be constructed of material which is not combustible;(3)be provided with an external switch in an accessible position whereby the electricity supply to the sign may be switched off;(4)be properly wired and constructed.5.1.6All signs must comply with the relevant provisions of the National Building Regulations.5.2Maintenance of signs5.2.1The owner of the property on which any sign is erected or displayed and the advertiser shall be jointly and severally responsible for the maintenance of such a sign, together with all its supports,braces, guys and anchors, and to keep it in a state of good repair and preservation both structurally and aesthetically.5.2.2Whenever any alteration is made to the ground level adjacent to any sign, such owner and advertiser shall be jointly and severally responsible for the alteration of the height of such sign so as to comply with the following requirements:(1)It shall be serviced on a regular basis; and(2)It shall be maintained in good repair and in a safe condition and according to the highest standards as regards quality of structures, posting and sign writing.5.2.3Should any sign become dangerous or a nuisance, the owner or advertiser must immediately remove the source of danger or the nuisance and failure to do so shall constitute an offence.5.2.4Should an owner or advertiser fail to comply with the terms of a notice issued by the Municipality to remove such source of danger or nuisance, the Municipality may remove the sign concerned at the expense of the owner or the advertiser and no compensation or damages shall be payable by the Municipality to any person in consequence of such removal.5.3Positioning of signsUnless otherwise provided for in this by-law, a sign permitted by this by-law may:5.3.1not be positioned on a road island or road median, with the exception of street name advertisements;5.3.2not be suspended across a road except with the written approval of the Municipality, and subject to any conditions imposed by the Municipality;5.3.3not be erected within or suspended above a road reserve, except for signs that relate to road construction;5.3.4not be erected within an area formed by a square with sides measured 10m long the edge of a kerb from any urban street corner, or within the road reserve for a distance of 25m from urban street corner, with the exception of signs which are attached to buildings, and illuminated signs allowed within the area formed by a square with sides measured 15m along edge of kerb from any signalized street corner, may not contain the colours red, green or amber.5.4Illumination5.4.1In areas of sensitivity, downward-directed external lighting must be utilized and any departure from this prescription shall be subject to the approval of the Municipality.5.4.2The light source emanating from floodlights may not cause any nuisance to passing traffic.5.4.3Floodlighting must be so positioned to ensure effective distribution and minimize light wastage.5.4.4No illuminated flashing sign in the colours red, amber or green may be erected within 20 metres of a traffic light.5.5Damage or defacement by removal of signsAny damage or defacement of any building or site caused by or resulting from the removal of any sign must be repaired to the satisfaction of the Municipality at the owner’s cost.
|a. Words of up to 8 letters, inclusive
|b. Numbers of up to 4 digits, inclusive
|c. Numbers of 5 – 8 digits
|d. Symbol, logo or abbreviation
6. Offences and penalties
6.1Offences6.1.1Any person who contravenes the provisions of this by-law shall be guilty of an offence and liable on conviction to the penalty prescribed in Section 126.96.36.199.2When any sign is displayed for which no approval has been granted by the Municipality or for which the approval has expired, or which does not comply with the provisions of this by-law, the Municipality may by serving a written notice upon the person displaying or causing or permitting such sign to be displayed or upon both such person and such owner, directing such person or owner to, within a time specified in such notice, to remove, repair or alter such sign or to alter the manner or place or circumstances in which it is displayed, or to comply with any other requirements deemed necessary by the Municipality, so that such non-compliance may cease.6.1.3If a person or owner fails to comply with any requirements as contemplated in Section 6.1.2. the Municipality may give effect thereto, or remove and confiscate any sign referred to in such notice, or revoke any approval in respect of such sign and recover the cost of any such removal or any such action from any person upon whom the notice in question was served unless such person or owner proves to the satisfaction of the Municipality:(1)that he did not display the sign; or(2)that he did not take an active part in displaying the sign and did not grant any person permission to display it and did not receive any valuable consideration in connection with the displaying thereof.6.1.4No compensation shall be payable by the Municipality to any person in consequence of any removal or other work in terms of Section 6.1.2 or 188.8.131.52.2PenaltiesAny person who contravenes any provision of this by-law or who fails to comply with a lawful directive issued by an authorised official of the Municipality, shall be guilty of an offence and liable on conviction to a fine or to imprisonment or to both such fine and such imprisonment, and in the case of a continued offence, to a further fine per day for every day, since the date on which the directive had been given, that the offence continued.6.3Repeal 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, and insofar as it has been made applicable to the Municipality by the authorisation for the execution of powers and functions in terms of Section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.
7. Short title and commencement
This by-law shall be known as the Matzikama Municipality: By-law relating to Outdoor Advertising and Signage and shall come into operation on the date of publication thereof in the Provincial Gazette.