Cape Town
South Africa
South Africa
Graffiti By-law, 2010
- Published in Western Cape Provincial Gazette 6767 on 9 July 2010
- Commenced on 9 July 2010
- [This is the version of this document from 9 July 2010 and includes any amendments published up to 12 April 2024.]
Preamble
WHEREAS section 156 (2) of the Constitution of the Republic of South Africa, 1996 provides that a municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer;WHEREAS the City has, in terms of section 156(1) read with Part B of Schedule 5 of the Constitution, the right to administer the control of public nuisances, billboards and the display of advertisements in public places;WHEREAS graffiti affects the quality of life of all residents and visitors, and constitutes a public nuisance which damages the image of the City known worldwide for its beauty and makes it a less desirable place to visit, live and work in;AND WHEREAS the City wishes to provide for the removal of graffiti on both public property and private property, the restoration of such property and the protection of public and private property from acts of graffiti vandalism;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:—1. Definitions
In this By-law, unless the context indicates otherwise—"apply" means to paint, including to spray paint, draw, write, mark, engrave, etch, scratch, or otherwise affix to or express on any natural surface or man-made surface, utilising any graffiti implement whatsoever, and "applying", "applied" and "application" have corresponding meanings;"authorised official" means an employee of the City responsible for the enforcement or the implementation of this By-law or such service provider as has been authorized by the City;"City" means the City of Cape Town established by Provincial Notice 479 of 2000 dated 22 September 2000 in terms of section 12 of the Local Government: Municipal Structures Act, 1998(Act No. 117 of 1998), and includes any committee or sub-council established by the City or any employee or duly authorised agent of the City, acting in connection with this By-law by virtue of a power vested in the City and delegated to such committee, sub-council, employee or agent;"compliance notice" means a notice served in terms of section 4;"graffiti" means any one of or a combination of any inscription, word, figure other than a figure indicating a street number, letter, sign, symbol, sketch, picture, drawing, mural or design that is applied to any natural surface or man-made surface on any property and which is visible to a person from a public place and which has not been authorised by the City;"graffiti implement" includes an aerosol paint container, a broad tipped marker, gum label, etching equipment, brush or any other device capable of leaving a visible mark on or scarring any natural surface or man-made surface;"mural art" means art in the form of a painting, applied directly to a wall, fence or structure;"natural surface" means the surface of any rock, tree or other natural feature;"offensive content" includes content of any art work which, whether in form, content or both, may reasonably be expected to—(a)cause offence or danger to any person or property, or to any member of the public in a manner which is contemplated in section 16(2)(a),(b) and (c) of the Constitution of the Republic of South Africa, 1996; or(b)be detrimental or otherwise have a negative impact on the environment;"organ of state" means—(a)any department of state or administration in the national, provincial or local sphere of government; or(b)any other functionary or institution—(i)exercising a power or performing a function in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer;"owner" means—(a)the owner of any property or any person in whose name the land on which a building was or is erected and is registered in the deeds office;(b)any person who, as agent or otherwise, undertakes the management, maintenance or collection of rentals or other monies in respect of the property; and(c)any person who is entitled to the benefit of the use of such building or land, or who enjoys such benefit;"person" includes any organ of state, natural or juristic person including companies incorporated or registered as such under any law and any body of persons, whether incorporated or not, functioning as a single entity for whatever purpose;"public place" means—(a)any public land, square, public swimming bath, public resort, public recreation site, zoological, botanical or other public garden, park or hiking trail, including any portion thereof and any facility or apparatus therein or thereon, as well as any public open space, public road, road reserve, reserve street, lake, dam, or river;(b)any public building, structure, hall, room or office including any part thereof and any facility or apparatus therein, which is the property of, or possessed, controlled or leased by the City and to which the general public has access, whether on payment of admission fees or not;(c)any nature conservation area including —(i)nature reserves;(ii)protected natural areas;(iii)nature conservation worthy areas; or(iv)natural open spaces;"public property" means immovable property owned by an organ of state; "private property" means immovable property owned by a private person;"remove" means restore the surface with full functionality of purpose to the same or to a better condition than prior to the application of graffiti to the satisfaction of the City, and "removal", "removing" and "removed" have corresponding meanings; and"self-permit mechanism" refers to the mechanism referred to in section 10 for an application and approval to effect a self-permit.2. Declaration of nuisance
The City declares the existence of graffiti anywhere within its area of jurisdiction to be a public nuisance, which is subject to removal in terms of this By-law.3. Prohibition
4. Compliance notice
5. Service of notices
6. Duty of owner
7. Right of entry
8. Costs
9. Permits for art work and decorations
10. Artist database and self-permitting mechanism
11. Penalties
12. Short title
This By-Law is called the City of Cape Town: Graffiti By-Law, 2010.History of this document
09 July 2010 this version
Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4001 citations |