Schedule 1
Public Health Nuisance
1. General nuisance
An owner or occupier of premises creates a public health nuisance if he or she causes or allows-(a)any premises or part thereof to be of such a construction or in such a state as to be offensive, injurious or dangerous to health;(b)any street, stream, pool, lagoon, ditch, gutter, watercourse, sink, cistern, water-closet, earth close, pail closet, urinal, cesspool, cesspit, drain, sewer, dung pit, slop tank, ash heap or dung heap to be so foul or in such a state or so situated or constructed as to be offensive or to be injurious or dangerous to health;(c)any stable, kraal, shed, run or premises used for the keeping of animals or birds and which is so constructed, situated, used or kept as to be offensive or to be injurious or dangerous to health;(d)any accumulation of refuse, offal, manure or other matter which is offensive or is injurious or dangerous to health;(e)any public building to be so situated, constructed, used or kept as to be unsafe or to be injurious or dangerous to health;(f)any dwelling to be occupied without proper and sufficient supply of potable water within a reasonable distance;(g)any factory or industrial or business premises not to be kept in a clean state and free from offensive smells arising from any drain, water closet, earth-close, urinal or any other source, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gas, vapour, dust or other impurity generated, or so overcrowded or so badly lighted or ventilated, as to be injurious or dangerous to the health of those employed therein or thereon;(h)any factory or industrial or business premises to cause or give rise to any smell or effluvium which is offensive or injurious or dangerous to health;(i)any building, room or structure to be used wholly or partly by a greater number of persons than will allow less than 11,3 m³ of free air space and 3,7 m² of floor space for each person aged 10 years or more and 5,7 m³ of free air space and 1,9 m² of floor space for each person less than 10 years of age' or(j)the accumulation of filth, debris rubbish, glass, paper, rags, tins, lumber and the growing or presence of weeds, long grass or undergrowth which is unsightly or is likely to become a nuisance or injurious to health or cause an annoyance to the inhabitants of the neighbourhood,(k)any other activity, condition or thing declared to be a nuisance by the Minister in terms of the National Health Act, 2003 (Act 61 of 2003) or any other relevant health legislation.(l)Any other condition at or on a place or premises whatever, which in the opinion of Council is or can be detrimental, dangerous, inconvenient, offensive, injurious or dangerous to health, or which may in any other way cause a risk of disease, death or injuries.2. Pest control
(1)An owner or occupier of premises creates a public health nuisanc(a)the premises are maintained in a manner that attracts or harbours rodents or other pests, or is conducive to the breeding thereof;(b)flies are being attracted to, or can breed on, the premises, in significant numbers because-(i)insufficiently rotted manure or any other organic material is being kept or used; or(ii)any other substance that attracts flies is used or kept other than for the purposes of trapping or killing flies(c)mosquitoes can breed in significant number on the premises because -(i)containers in which mosquitoes can breed, such as tyres, bottles, crockery, and tins, have been left or are kept on the premises;(ii)tanks, barrels and similar containers in which mosquitoes can breed are not fitted with mosquito -proof covers or mosquito gauze screens in a manner that prevents mosquitoes gaining access to water contained in them; or(iii)gutters and down pipes are sagging or clogged so that stagnant water can accumulate in them; or(iv)approved measures have not been taken to prevent mosquitoes breeding in ponds, excavations, wells, swimming pools or any other stagnant water source on the premises.(2)The following measures are approved measures for the purposes of subsection (1)(c)(iv) -(a)draining accumulated water at least once every seven days;(b)covering accumulated water with a larvicide at least once every seven days; and(c)in the case of well, providing a mosquito-proof cover and a pump.3. Air pollution
An owner or occupier of premises creates health nuisance if -(a)any waste on the premises is burned outside except in an approved appliance;(b)ash, grit, soot or smoke is emitted from any chimney or appliance or form any other means on the premises in a manner or quantity that is sufficient to have an adverse impact on public health;(c)the erection or destruction of a building or structure causes dust to be discharged into the surrounding atmosphere in a manner or quantity that is sufficient to have an adverse impact on public health; or(d)Any dust is generated on, and emitted form the premises due to any activity or process and discharged into the surrounding atmosphere in a manner or quantity that is sufficient to have an adverse impact on public health.4. Fouling and littering of public place and open spaces
(1)A person creates a public health nuisance if he or she throws, dumps, stores, Keeps or drops refuse, rubbish, glass, tins, paper, car wrecks or parts of motor vehicles, dead animals, waste water of flushing water or other litter or waste, whether liquid or solid, on or in a street, road, bridge, through fare, open space, vacant stand, public place or eri, spruit or watercourse, or cause or permit it to be thrown, dumped or dropped there, or cause or permit any such liquid to flow into such place.(2)The person who has contravened sub item (1), must remedy, to the satisfaction of the environmental health practitioner, any damage to the environment which resulted from such contravention.Schedule 2 (Sections 1, 8, 9 and 11)
Scheduled uses
The activities and uses of premises listed in this Schedule are considered to pose an unacceptable risk to public health unless the measures specified in the relevant Chapter of these By-laws and where required, in a permit, are taken to avoid the risk or to reduce it to a level acceptable to the Council.Part A – Activities for which a permit is required
Section | Activity |
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31 | Provision of service to remove human excrement or urine |
32 | Installations of sewage works |
46 | Offensive trades |
53 | Hairdressing, beauty and cosmetology services |
62 | Accommodation Establishments |
78 | Child care services |
104 | Keeping of poultry |
108 | Keeping of rabbits |
113 | Dog Kennels and catteries |
124 | Keeping bees |
Part B – Scheduled uses chapter
heading 1 | heading 2 |
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4 | Sanitary services |
5 | Private Sewage Works |
6 | Water |
7 | Offensive |
8 | Hairdressing, Beauty and Cosmetology Services |
9 | Second- hand Goods |
10 | Accommodation Establishments |
11 | Dry Cleaning and Laundry Establishments |
12 | Swimming Pools and Spa-Baths |
13 | Child-care Services |
14 | Keeping of Animals |
17 | Operating and Managing an initiation School for Boys |
Schedule 3
Repealed By- laws
This by-laws does not repeal any existing by-laws.Schedule 4
Minimum requirements which must be complied with for initiation schools
1.A suitable shelter must be provided and be constructed in such a manner that initiates are protected from extreme temperatures especially against cold weather conditions.2.Pure water supply should be supplied for drinking and cooking purpose for the initiates.3.Suitable sanitary facilities in the form of well constructed pit latrine or movable chemical toilets should be proved for use.4.All body parts removed should be disposed of in a hygienic manner.5.Refuse removal and disposal including used surgical instruments should be carried out as may be prescribed by Environmental Health Practitioner in the area namely incinerated.6.Food should be prepared hygienically and kept separate from any area used for sleeping purposes.7.Initiates should be given sufficient food at east twice a day and be allowed to drink water when necessary.8.Initiates should be allowed to wear warm clothes especially during cold weather.9.Instruments such as razor blades used for the operation should be used once only and any other instruments may be sterilized after each initiate as prescribed by the medical practitioner.10.The owner of the initiation school must identify at least one person from the medical profession to assist in case of emergency and for referral purposes.11.Prescribed medication to stop and prevent unnecessary bleeding must be readily available.12.A detention room for persons who came for circumcision without the consent of their parents or guardian.13.A register must be kept of all initiates in the circumcision school.14.A first aid kit which includes antiseptics medicines for treating minor ailments should be provided.Annexure: 1
APPLICATION FOR A PERMITNAME OF APPLICANT : | .............................................. |
PHYSICAL ADDRESS: | .............................................. |
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POSTAL ADDRESS: | .............................................. |
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| .............................................. |
| .............................................. |
PERMIT APPLIED FOR: | |
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.............................. | .............................................. |
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SIGNATURE: | ............................................. |
DATE: | ............................................. |
Annexure 2
APPLICATION AND CONSENT FORM BY PARENT GUARDIANI, ...................................ID NO.........................herebygive consent and permit................................Age............to be circumcised and attend a Ngoma for the duration of the prescribed period of the school.I further declare that I am the parent/guardian of the said applicant and I reside at the following address:..........................................................................................................................................I can be contacted at the following telephone numbers in case of any emergency:Work Tel No: .................................Cell No: .....................................SIGNATURE:............................. DATE:.................................