Advertising

Jurisdiction
South Africa · Lesedi
Date
15 September 2015
Language
English
Type
Legislation
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Taxonomies
Lesedi
South Africa

Advertising By-law, 2015

1. Definitions

In the interpretation of these by-laws, words in the masculine gender include the feminine, the singular includes the plural and vice versa and the following words and expressions shall have the meanings respectively assigned to them hereunder, unless such meanings are repugnant to or inconsistent with the context in which they occur:-“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.“authorised employee” shall mean any employee authorised thereto by the municipality.“clear height” of a sign shall mean the vertical distance between the lowest edge of such sign and the 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.“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.“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 250mm 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 0.80m² 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.“municipality” means –(a)the LESEDI LOCAL MUNICIPALITY or its successor-in-title; or(b)the Municipal Manager of LESEDI LOCAL MUNICIPALITY in respect of the performance of any action or exercise of any right, duty, obligation or function in terms of these bylaws;(c)an authorized agent of the LESEDI LOCAL MUNICIPALITY;“municipal council” means the municipal council as referred to in section 157(1) of the Constitution, 1996, Act No. 108 of 1966;“municipal manager” means the person appointed by the municipal council as the municipal manager of the municipality in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998); and includes any person –(a)acting in such position; and(b)to whom the municipal manager has delegated a power, function or duty in respect of such delegated power, function or duty;“municipal services” means, for the purposes of these bylaws, services provided by the municipality which among others include the electricity, water and sanitation, refuse, advertisements and other services;“main wall” or a building shall mean any external wall of such building but shall not include a parapet wall, balustrade or railing of a veranda or a balcony.“new sign” shall mean any sign first displayed after the promulgation of these by-laws.“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 alternation of or the addition to a sign, or in relation to the intended or attempted display or alternation 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 250mm 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)the 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.“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 veranda 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.“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.

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 these by-laws and any person who contravenes the provisions of this section shall be guilty of an offence.
(b)The 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 and approval of application to display sign

(1)Save as in section 22(2) is provided, every person intending to display a new sign or to alter or to add to an existing sign (hereinafter referred to as the “applicant”) shall make written application to the municipality in the form prescribed in the Schedule to these by-laws, submitting therewith the prescribed fees determined by the municipality and plans drawn in accordance with the following requirements:-
(i)The Plans shall be drawn in blank ink on tracing linen or stout durable drawing paper or shall be linen prints with black lines on a white background. Such form and plans shall be in duplicate (one set of which shall become the property of the municipality) and shall be dated and signed in ink by the applicant or by a person authorised by such a person in writing to sign on his behalf, and all alterations and corrections to such form and plans shall be similarly dated and signed.
(ii)Where the sign is to be affixed to a building the plans shall include an elevation and a section of the façade and, where necessary of the roof of the building, drawn to a scale of 1:100 upon which shall be depicted the sign, any other signs affixed to such façade or roof and enough of the main architectural features of such façade or roof to show the position of the sign in relation to such other signs and features. The location of the sign relative to the ground level and, where necessary, the kerb line shall also be shown on such elevation and section.
(iii)Where the sign is not to be affixed to a building, the location of the sign relative to the ground level and, where necessary, the kerb line shall be shown on an elevation, plan and section drawn to the scale of 1:100.
(iv)Elevations, including full particulars of the subject matter as defined in section 6, plans and sections of the sign itself as may be necessary to show whether it complies with these by-laws, accurately drawn to a large enough scale (but in no event less than 1:50) shall also be included.
(v)The plans shall also depict full details of the structural supports of the sign, drawn to a scale of 1:20.
(vi)The plans shall also include a site plan, drawn to a scale of 1:200, showing clearly and accurately the position of the sign and the building, if any, to which it is to be attached, in relation to such of the boundaries of the erf as may be affected by such position, and giving the name of the abutting street and the distance to and the name of the nearest named cross-street, and showing the direction of true north.
(vii)The plans shall indicate the materials of which the sign is to be constructed, the manner in which the lettering thereof is to be executed, the colours to be used, and whether or not the sign is to be illuminated; and in the latter event the plans shall indicate whether or not the sign is flashing sign, and if the sign is a flashing sign, full details of its periodicity and variations or changes in appearance shall be furnished.
(2)
(a)Notwithstanding the provisions of sub-section 3(1) it shall be lawful, subject to the provisions of section 6(1), to display any poster and to replace any poster by another poster of the same size without the consent of the municipality, if any such poster as aforesaid is displayed at a cinema or theatre, or other place of public amusement, or on a hoarding, the erection and use of which for this purpose have been authorised by the municipality, or is a poster which, in terms of Section 1, is deemed to be a flat sign.
(b)The municipality may, subject to such conditions as it may deem fit, including the payment of any fees by the applicant for its approval in terms of these by-laws, grant permission for the display of posters on special occasions such as elections, festivities, university rag processions, etc.
(3)The municipality shall, within 21 days after receiving the form and plans referred to in sub-section (1), specify to the applicant the provisions, if any, of these by-laws, or of any other laws that the municipality is required or empowered to administer, with which such form or plans do not comply; and the municipality shall, if it deems it necessary, return the form and plans to the applicant.
(4)where the form and plans comply with these by-laws and any other laws as aforesaid, the municipality shall approve them and shall forward one set thereof to the applicant.
(5)Approval granted in terms of sub-section (4) shall become null and void if the sign has not been completed in accordance with the approved form and plans within twelve months of date of such approval.

4. Existing signs to comply with by-laws

(1)Every sign existing at the date of the promulgation of these by-laws shall be made to comply therewith in all respects within a period of one year from the date of such promulgation. Where any sign does not so comply after the said period of one year, it shall forthwith be removed.
(2)Where any sign not complying with the provisions of these by-laws has not been made to comply therewith within the aforementioned period of one year, or where any sign has been erected which is not in conformity therewith the municipality may, in writing, order the owner thereof to remove such sign within a period stipulated in such order.
(3)Whenever, through change of ownership or occupancy or change in the nature of the business, industry, trade or profession conducted on any premises or through the erection of new traffic signal lights or through an alteration in the level or position of any street, footway or kerb, or through any other cause whatsoever, a new sign ceases to comply with these by-laws, such sign shall be forthwith removed, obliterated or altered by the person displaying such sign so as to comply with these by-laws.

5. Enforcement

(1)Any person who displays or attempts to display a new sign or who alters or adds to, or attempts to alter or add to, an existing sign without the prior approval of the municipality given in terms of section 3, where such approval is required by the said section 3, shall be guilty of an offence.
(2)Any such person shall forthwith, after service on him of an order in writing to that effect under the hand of the authorised employee of the municipality, cease or cause to cease all work on the display of such new sign, or shall cease or cause to cease any alternation or addition to such existing sign, as the case may be, and any such person who fails to comply with such order shall be guilty of an offence.
(3)Any person who, having obtained such approval, does anything in relation to any sign which is a departure from any form or plan approved by the municipality shall be guilty of an offence.
(4)Any such person shall forthwith, after the service upon such a person, of an order in writing to that effect under the hand of the authorised employee of the municipality, discontinue or cause to be discontinued such departure, and any person who fails to comply with such order shall be guilty of an offence.
(5)Whether or not any such order as is referred to in sub-sections (2) and (4) has been served on any such person, the municipality may serve upon such person an order in writing requiring such person forthwith to begin to remove or obliterate such sign or anything referred to in sub-section (3) and to complete such removal or obliteration by a date to be specified in such order, which date my be extended by the municipality as it may deem fit.
(6)If before the date for completion of the removal or obliteration required by such order, such person satisfies the municipality that he has complied with these by-laws, the municipality may withdraw such order.
(7)Where any person displaying a sign contravenes any of the provisions of these by-laws other than those relating to the matters referred to in sub-section (1) and (3), the authorised employee of the municipality may serve a notice in writing under his or her hand upon such person, and in such notice shall cite the provisions contravened and shall specify the things to be done in order that such provisions may be complied with.
(8)Any person who fails to comply with any order referred to in sub-section (5) or with the terms of any notice referred to in sub-section (7) shall be guilty of an offence, and in addition the municipality itself may give effect to such order or notice at the expense of such person.

6. Subject matter of signs

(1)No sign on any premises shall contain any words, letters, figures, symbols, pictures or devices (hereinafter called “subject matter”) unless every part of such subject matter falls into one or more of the following categories:-
(a)The name, address and telephone number of such premises or part thereof.
(b)The name of the occupier of such premises or part thereof.
(c)A general description of the type of trade, industry, business or profession lawfully conducted on such premises or part thereof by the occupier thereof.
(d)Any information, recommendation or exhortation concerning, or any name, description, particulars or other indication of-
(i)any goods, not being samples, regularly and lawfully manufactured, kept and sold or kept and offered for sale on such premises; or
(ii)any services regularly and lawfully rendered or offered on such premises; or
(iii)any catering or any entertainment or amusement or any cultural, educational, recreational, social or similar facilities lawfully provided or made available on such premises, or any meeting, gathering or function lawfully held on such premises;
provided that this paragraph shall not be construed as permitting any subject matter which, in the opinion of the municipality is an evasion of or not in accordance with the intent of this paragraph.
(2)Notwithstanding the provisions of sub-section (1), the case of any premises partly or wholly used for residential purposes, no sign other than the name of such premises shall be displayed on the part of such premises used for residential purposes.
(3)The provisions of this section shall not apply to any sign referred to in paragraph (i), (ii), (iv), (vi), (vii), (viii), (ix), (x), (xi), (xv) or (xvi) of section 22(2).
(4)Where a sign is displayed by means of a device whereby a service of consecutive signs is displayed at one place, the provisions of sub-section (1) shall, subject to the following conditions, not apply to any such sign so displayed:-
(a)No sign in such series, other than a sign permitted in terms of sub-section (1), shall be displayed on any one occasion for a longer period than twenty seconds.
(b)The individual signs consecutively displayed within any particular 10-minute period shall all be completely different from one another in so far as their subject matter is concerned; provided that this paragraph shall not apply to any sign permitted in terms of sub-section 9{1).
(c)Where such device is capable of displaying news or of providing entertainment it shall not be operated in any position or place where, in the opinion of the municipality, such operation is calculated to bring about or to aggravate congestion of vehicular or pedestrian traffic.
(d)No such device whether or not it is capable of displaying news or of providing entertainment shall be operated in any position or place where in the opinion of the municipality such operation or any gathering of persons brought about thereby is calculated to detract from the amenities of the neighbourhood or to depreciate the property or to cause a public nuisance.
(e)No such sign shall have a clear height of less than 9m.
(f)Notwithstanding the granting of approval by the municipality for the display of signs referred to in this sub-section, the municipality shall be entitled at any time thereafter to revoke such approval if it is satisfied that the display of such signs is in contravention of paragraph (a), (b) or (e) or is bringing or has brought into existence the conditions referred to in paragraph (c) or (d).
(5)
(a)Where the municipality, by notice in writing, informs any person displaying signs referred to in sub-section (4) of the revocation of its approval for such display, such person shall forthwith cease to display such signs and shall remove the device by means whereof such signs are displayed by a date to be specified in such notice, which date may be extended by the municipality as it may deem fit.
(b)Any person who fails to comply with any notice referred to in paragraph (a) shall be guilty of an offence, and in addition the municipality itself may give effect to such notice at the expense of such person.

7. Signs allowed on buildings

The 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 undermentioned signs or the use of certain colours therein:-(a)Flat signs(b)Projecting signs(c)Sky signs(d)Signs affixed to or painted on verandahs or balconies.(e)Signs painted on sunblinds 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.
(1)Flat signs shall not exceed, in aggregate area, 40m2 or one-quarter of the overall area of the main wall to which they are affixed or on which they are painted, whichever of these figures is the lesser; provided that he municipality may fix a lesser aggregate area for any flat sign.
(2)No flat sign shall extend above the top of such main wall or beyond either end of such main wall.
(3)
(a)Where a building which is adjacent to another building, and which extends over the boundary line of the prospective width of a proclaimed road or public street, is demolished either wholly or partially and is reconstructed in such a manner that it no longer extends over the aforementioned boundary line, no flat sign will be permitted on the sidewall of such other building facing the building so re-constructed, in so far as the said sidewall extends over the aforementioned boundary line.
(b)For the purposes of this section-
(i)“prospective width” in relation to a proclaimed road shall mean the statutory width as contemplated by any enactment promulgated by any legislative body which has legal competency to pass legislation on such a matter and in relation to a public road shall mean the width whereto it is to be widened in accordance with a town planning scheme whether in the course of preparation, awaiting approval or in operation;
(ii)“adjacent” shall mean a distance of 6m or less.

8. Projecting Signs

(1)No part of any projecting sign shall project in front of the main wall to which such sign is affixed to a greater extend than-
(i)1.5m in the case of a sign which has a clear height of not less than 7.5m; of
(ii)1m in the case of any other sign;
provided, however, that where such a sign has a clear height of less than 7.5m-
(a)any portion of such sign which is not more than 600mm in depth may project as aforesaid to an extent of more than 1m but not more than 1.5m; provided than there shall be a clear vertical distance of not less than 3.6m between any two successive portions, if any, so projecting; and
(b)any such sign which is not more than 600mm in depth may project as aforesaid to an extent of more than 1m but not more than 1.5m; provided that there shall be a clear vertical distance of not less than 3.6m between any two such signs, if any, which are in the same vertical plane.
(2)No projecting sign shall extend above the top of the main wall to which it is affixed.
(3)The depth of a projecting sign shall not exceed one-and-a-quarter times the clear height of such sign.
(4)A projecting sign shall not exceed 600mm in thickness.

9. Sky-signs

(1)The depth of a sky-sign shall not exceed one-sixth of the clear height of such sky-sign.
(2)No sky-sign shall project in front of a main wall of a building so as to extend, in plan, beyond the roof of such building in any direction.
(3)The length of a sky sign shall not exceed:-
(i)14m, if the depth of such sky-sign does not exceed 4.5m, or
(ii)18m, if the depth of such sky-sign exceeds 4.5m.
(4)Subject to the preceding provisions of this section a council may allow a sky-sign in excess of 18m in length whenever the street frontage of a site exceeds 55m, provided that-
(i)such sky-sign shall consist of a single line of free standing, individual, cut-out, silhouette letters, symbols or emblems, and
(ii)the length of such sky-signs shall not exceed one-third of the length of the road frontage of such site, and
(iii)such sky-sign shall be erected parallel to the road frontage of such site, and
(iv)if, as a result of the road frontage of such site being reduced, such sky-sign ceases to comply with the preceding provisions of this section, the owner of such site shall forthwith remove such sky-sign or alter it so as to comply with such provisions.

10. Signs on verandas and balconies

(1)The following signs and no others may be affixed to or painted on verandas and balconies:-
(i)Signs affixed flat on to or painted on a parapet wall, balustrade or railing of a veranda or a balcony.
(ii)Signs affixed flat on to or painted on a beam or fascia of a veranda or a balcony.
(iii)Signs suspended below the roof of a veranda or the floor of a balcony.
(2)No sign affixed to a parapet wall, balustrade or railing of a veranda or a balcony shall exceed 1m in depth, or project above or below or beyond either end of such parapet wall, balustrade or railing, or project more than 250mm in front of such parapet wall, balustrade or railing.
(3)No sign affixed to a beam or fascia of a veranda or balcony shall exceed 600mm in depth, or project above or below or beyond either end of such beam or fascia, or project more than 250mm in front of such beam or fascia. Where any such sign is affixed to a beam which is at right angles to the building line and which is below the roof of a verandah or the floor of a balcony, such sign shall not exceed 1.8m in length.
(4)No sign suspended below the roof of a veranda or the floor of a balcony shall exceed 1.8m in length or 600mm in depth. Every such sign shall be at right angles to the building line.
(5)Notwithstanding the foregoing, it shall be permissible to erect a sign on the roof of a veranda or balcony, subject to the following conditions:-
(i)Such sign shall be composed of a single line of freestanding, individual, cut-out silhouette letters.
(ii)Such sign shall lie in the vertical plane passing through the foremost edge of such roof, being an edge parallel to the kerb line.
(iii)The subject matter of such sign shall be limited to that referred to in paragraphs (a), (b) and (c) of section 6(1).
(iv)The depth of such sign shall not exceed 600mm.
(6)Notwithstanding the provisions of section 17(1) it shall be permissible for a sign suspended below the roof of a veranda or the floor of a balcony to be bordered by a running light, provided that such running light border shall be not more than 75mm in width.

11. Signs over footways and roadways

(1)Any sign projecting over a footway forming part of a public road shall be not less than 2.4m in clear height, provided that a flat sign in the form of a showcase for the display of goods may project not more than 50mm over such footway if such footway is not less than 1.5m wide, irrespective of the clear height of such showcase.
(2)Any sign projecting more than 150mm over any place where persons may walk, if such place is not a footway forming part of a public road, shall be not less than 2.1m in clear height.
(3)No part of a sign projecting over a footway forming part of a public road shall be nearer than 300mm to a vertical plane through the kerb line of such footway.
(4)Where a public road has no footway, signs my project over the carriageway of such public road if such signs are not less than 6m in clear height.

12. Prohibited signs

(1)Notwithstanding anything in these by-laws contained; the following types of sign are prohibited:-
(a)Swinging signs, loose portable signs (other than signs designed for the purpose of being carried through the streets and signs on portable racks or other articles for containing and displaying goods), aerial signs and other signs not rigidly fixed.
(b)Posters, except:-
(i)any poster referred to in section 3(2) of these by-laws;
(ii)any poster comprising any such sign as is referred to in paragraph (i), (ii), (iii), (iv), (v), (vi), (vii), (x), (xv) or (xvi) of section 22(2) of these by-laws.
(c)Any sign which is so placed as to obstruct, obscure, interfere with, or otherwise be likely to introduce confusion into the effective working of any traffic sign.
(2)No person shall exhibit in any place to which the public has access or shall expose to public view, any advertisement, placard, poster, engraving, picture, drawing, print or photograph of an indecent, obscene, repulsive, revolting or objectionable character, or of a nature calculated to produce a pernicious or injurious effect on the public or any particular class of persons.
(3)Any person contravening the provisions of sub-section (2) shall be guilty of an offence.

13. Signs on walls, fences and hoardings

(1)Except as in section 22 provided, no sign shall be affixed to or painted on a wall (other than a wall of a building), a fence or a hoarding, unless, in the opinion of the municipality, such wall, fence or hoarding serves primarily either to conceal a condition or attribute of the property on which such wall, fence or hoarding is erected, which condition or attribute is unsightly by reason of the use to which such property is lawfully being put, or unless such wall, fence or hoarding is a temporary measure to protect the public in the neighbourhood of building, demolition or similar operations.
(2)In granting its approval in terms of section 3 for the affixing or painting of any such sign, the municipality may grant such approval for a limited period only, and the provisions of section 6 shall not apply to such sign.
(3)Every such sign affixed or painted in terms of this, section shall comply with the following requirements:-
(i)No such sign shall exceed 3m in depth or 4.2m in overall height.
(ii)Poster signs shall be enclosed with definite panels, which shall be uniform in size and level.

14. Signs on poles and other structures

(1)Except as in section 22 provided, no sign shall be affixed to or painted on a pole or any other structure which is not a building, wall, fence or hoarding unless-
(i)such sign is indispensable for the effectual conduct of the activity in connection with which it is displayed and
(ii)either-
(a)it is impracticable to display a sign effectually at the premises concerned except by affixing a sign to or painting a sign on a pole or other structure as aforesaid, or
(b)in the opinion, of the municipality a particular sign intended to be affixed to or painted on a pole or other structure as aforesaid would not detract from the amenities of the neighbourhood or depreciate neighbouring property to a greater extent than a sign capable of being displayed at the premises in conformity with any other section of these by-laws would do.
(2)Where in the opinion of the Municipality, serious difficulty is experienced by the public in finding the way to a factory in an industrial zone, the Municipality may permit the erection of a signboard on a pole on a vacant erf in such zone for purposes of indicating the direction to such factory, subject to the following conditions:-
(i)Not more than one such signboard shall be erected on any one erf; but it shall be permissible to indicate the direction to more than one factory on any such signboard.
(ii)The subject matter of the signs on such signboard shall be limited to the names of the factories concerned, the names of their occupiers, and essential directional information; and the lettering employed shall not exceed 100mm in height.
(3)Where in its opinion this is reasonably required, the Municipality may permit the erection of a signboard on a pole on a vacant erf in a township for the purposes of displaying thereon a map showing the street names and erf numbers of such township, together with the name and address of the owner of or agent for such township and the name of the township. Such signboard shall not exceed 3,6m in area, and the lettering employed thereon shall not exceed 100mm in height.
(4)In granting its approval in terms of section 3 for the display of any sign referred to in sub-section (1), (2) or (3) of this section the Municipality may grant such approval for a limited period only; on the expiry of such period the person displaying such sign shall forthwith remove it.

15. Signs on vehicles and signs carried through the street

(1)No person shall carry or cause to be carried in any public road any sandwich board, lantern, flag, banner, screen or other movable advertising device if such board, lantern, flag, banner, screen or other device hinders or obstructs traffic in such road, or is likely to do so.
(2)No person shall drive or propel or cause to be driven or propelled in any public road any advertising van or other movable advertising device if such van or device hinders or obstructs traffic in such road, or is likely to do so.
(3)Any person who contravenes the provisions of sub-sections (1) or (2) shall be guilty of an offence.

16. Illuminated signs

(1)No flashing sign shall be less than 9m in clear height, and no illuminated sign shall be displayed in such a position that it is or is likely to be a danger to traffic or to cause confusion with traffic signals.
(2)No sign that is so intensely illuminated as to create a nuisance shall be displayed.

17. Structural requirements

(1)Every sign affixed to a building or structure shall be rigidly attached thereto. Every sign which is affixed to the ground and every structure supporting a sign, which structure is affixed to the ground, shall be rigidly anchored to the ground. Every sign and its supports and anchorages, and the building or structure, if any, to which it is affixed, shall be of adequate strength to resist, with a safety factor of 4, the dead load of the sign and a superimposed horizontal wind pressure of 1.5kPa.
(2)All signs and supports thereof which are attached to brickwork or masonry shall be attached thereto by means of expansion bolts or by means of bolts passing through such brickwork or masonry and secured on the opposite side thereof. Such bolts shall be not less than 12mm in diameter.
(3)Every sign affixed to a building or a wall shall be supported by at least four independent supports so designed and disposed that any two of such supports will safely support the sign with a safety factor of 2.
(4)All exposed metalwork in a sign or its supports shall be painted or otherwise treated to prevent corrosion and all timber in a sign or its supports shall be treated with creosote or other preservative to prevent decay.
(5)Every person displaying a sign shall cause such sign and its supports to be maintained in a safe condition at all time and any person who contravenes the provisions of this sub-section shall be guilty of an offence.

18. Use of glass

All glass used in signs (other than glass tubing used in neon and similar signs) shall be plate glass at least 5mm thick.

19. Fire precautions

Except as in section 22 provided, 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.

20. Electrical requirements

No sign shall be illuminated except by electricity from the municipality’s mains where such supply is available.

21.

Every sign in connection with which electric current is used shall be provided with an external switch in a position to be determined by the municipality whereby the electricity supply to such sign may be switched off.

22. Exemptions

(1)The provisions of these regulations shall not apply to any sign inside a building, except illuminated signs in shop windows.
(2)There shall be exempted from the provisions of sections 3, 14, 15 and 20 any sign that falls into one or other of the following categories:-
(i)Any sign displayed by the municipality or by any person lawfully authorised to conduct an approved system of transport for use by the public, and any sign affixed to a street pole with the written permission of the municipality.
(ii)Any sign inside a shop window.
(iii)Any advertisement appearing in a newspaper or periodically sold in the streets and any poster in connection therewith.
(iv)Any sign temporarily displayed on the occasion of-
(a)any public thanksgiving, rejoicing or mourning, or
(b)any other public function or occasion to which the municipality may apply the provisions of this paragraph.
(v)Any sign displayed on any vehicle ordinarily in motion upon, and any sign carried in, public roads.
(vi)Any unilluminated sign not projecting over a public road and not exceeding 0.60m2 in area, notifying only that the premises to which it is attached are to be sold on a date specified in such sign, or that a sale of furniture or household goods is to take place therein on a date specified in such sign (neither of which dates shall be more than one month after the date when the sign is first displayed); provided that only one such sign is displayed on any public road frontage of such premises and that it is removed within seven days after the said specified date.
(vii)Any unilluminated sign not projecting over a public road and not exceeding 0.20m2 in area, notifying only that the premises to which it is attached are for sale or to let or that lodgers and boarders may be received therein; provided that only one such sign is displayed on any public road frontage of such premises.
(viii)Any unilluminated sign not projecting over a public road and not exceeding 1.2m in area, comprising only the name, address and telephone number of any building or premises not used for purposes of industry or trade, and attached to such premises; provided that only one such sign is displayed on any public road frontage of such premises.
(ix)Any unilluminated sign not projecting over a public road and not exceeding 0.20m2 in area, notifying only the types of trade, business, industry or profession lawfully conducted by any occupant of the premises to which it is attached, the name of such occupant, the address and telephone number of such premises and the hours of attendance (if any); provided that only one such sign is displayed by any occupant on any public road frontage of such premises.
(x)Any unilluminated sign not projecting over a public road and not exceeding 0.60m2 in area, advertising a function to be conducted on a date specified in such sign on the premises to which it is attached; provided that such function is not conducted for the private gain of any individual; provided further that such date is not more than one month after the date when such sign is first displayed; and provided lastly that only one such sign is displayed on any public road frontage of such premises and that it is removed within seven days after the said specified date.
(xi)Any unilluminated sign not projecting over a public road, which serves only for purposes of warning or indication of direction in relation to the premises to which such sign is attached, and which is no bigger or higher than is reasonable necessary for the effectual performance of its functions.
(xii)Any sign painted directly on, or forming part of the permanent fabric of a wall of a building.
(xiii)Any sign painted or otherwise executed on the glass of any window.
(xiv)Any sign painted directly on a veranda or balcony if it complies with section 11.
(xv)Any sign required to be displayed by law.
(xvi)Any sign displayed at premises upon which building operations are taking place relating to any services being provided, or any work being done, or any goods being supplied in connection with such operations provided that any such sign shall be forthwith removed when the provision of such services or the doing of such work or the supply of such goods, as the case may be, has ceased.

23. Savings

Nothing in these by-laws 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.

24. Waiver of regulations

(1)The municipality may, if it deems it desirable to do so, waive compliance with or relaxing the provisions of these by-laws; provided that any person whose rights are adversely affected by such waiver or relaxation shall not be bounded thereby.
(2)In each case in which such waiver or relaxation has been granted to any person, the municipality shall serve a written notice upon such person citing the relevant provision waived or relaxed and the extent to which such provision has been waived. In addition, the municipality shall keep a record containing an identical copy of each such notice, which record shall be available for inspection by members of the public at the offices of the municipality.

25. Penalty clause

Any person who contravenes or fails to comply with any provision of these by-laws and/or any notice issued thereunder shall be guilty of an offence and be liable, upon conviction, to a fine or in default of payment to imprisonment for a period not exceeding 6 months.

26. Repeal of by-laws

All by-laws relating to advertising signs and the disfigurement of the front or frontages of streets adopted by the council of the municipality or any council of a municipality now forming an administrative unit of the municipality are, with effect from the date of promulgation of these by-laws, rescinded.

27. Short title

These bylaws are known as Advertising by-laws.

28. Effective Date

These bylaws shall come into operation on the date of the promulgation in the government gazette.

Schedule

Application to erect a sign

I, the undersigned, hereby apply for permission to erect a sign in accordance with the particulars given below and the plans attached hereto.ApplicantFull name ………………………………………………………………………………Address …………………………………………………………………………………Signature ………………………………………………………………………………Telephone No. ………………………………… Date ………………………………Premises to which Sign is to be affixedAddress of premises …………………………………………………………………Name of Occupier of premises ……………………………………………………Use to which premises are put ……………………………………………………Owner of premises …………………………………………………………………Address of owner ……………………………………………………………………If Sign Projects over Public Footway, etc.Name and address of person who will enter into the necessary Agreement with municipality in respect of projection:…………………………………………………………………………………………..…………………………………………………………………………………………..Particulars of SignMaterials of construction …………………………………………………………….Approximate mass of sign (if to be affixed to a building) ……………….…… kgIs sign illuminated or non-illuminated? …………………………………………..…If illuminated, what colours are used? ………….………………………………….If illuminated, is it flashing or non-flashing? …...…………………………………..
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History of this document

15 September 2015 this version
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