Lesedi
South Africa
South Africa
Signs and Advertising Hoardings By-law, 2018
- Published in Gauteng Provincial Gazette 123 on 2 May 2018
- Commenced on 5 May 2018
- [This is the version of this document from 2 May 2018 and includes any amendments published up to 4 April 2024.]
Preamble
WHEREAS the community of Heidelberg has legitimate interests in ensuring:1. that signs or advertisements do not constitute a danger or nuisance to members of the general public whether by way of obstruction, interference with traffic signals or with the visibility of such signals, light nuisance or otherwise;2. that signage or advertising displayed in its living environment is aesthetically pleasing, appropriate and placed at appropriate sites with an uncluttered effect;3. that its environment for tourism is characterised by a high standard of user friendly signage and advertising satisfactorily integrated into the environment;AND WHEREAS individual businesses have legitimate interest in the proper advertising of their businesses, wares and products;AND WHEREAS it is the duty of the Council of Heidelberg to balance the competing interests in a fair, equitable, flexible and responsible way;NOW THEREFORE the following by-laws are adopted as the Signs and Advertising Hoardings: By-laws, for Heidelberg Transitional Local Council.1. Definitions
In these By-laws, unless the context otherwise indicates:"advertisement" means any representation of a word, name, letter, figure or object of an abbreviation of a word or name, or of any sign or symbol; or any light which is not intended solely for illumination or as a warning against any danger, which is visible from any street or public place;"advertising hoarding" means a screen, fence, wall or other structure in a fixed position to be used, or intended to be used, for the purpose of posting, displaying or exhibiting any advertisement;"advertising structure" means any physical structure built to display advertising;"aerial sign" means any sign attached to a kite, balloon, or similar device whereby it is suspended in the air over any part of the area;"affix" means to firmly secure which includes to paint onto and "affixed" shall have a corresponding meaning;"animation" involves special treatment such as moving units, flashing lights, etc. and is used to gain added attention and awareness. Animation is more commonly used in rotating permanent or spectacular size sites;"approved" means approved by the Council and "approval" has a corresponding meaning;"arcade" means a covered pedestrian thoroughfare not vested in the Council, whether or not located at ground level passing wholly or partly through a building and to which the public normally has regular and unrestricted access;"backlight units " (backlit) means advertising structures which house illumination in a box to throw light through translucent advertising printed on plastic or heavy duty paper for a higher visibility and extended night viewing;"billboard" means a large free-standing structure used or intended to be used for the purpose of posting, displaying or exhibiting any advertisement;"building" means any structure whatsoever with or without walls, having a roof or canopy and a normal means of ingress and egress thereunder, covering an area in excess of 4,6m² and having an internal height of more than 1,650m;"canopy" means a structure in the nature of a roof projecting from the facade of a building and cantilevered from that building or anchored otherwise than by columns or posts;"charge determined by the Council" means the appropriate charge set forth in a by-law made by the Council;"clear height" means the vertical distance between the lowest edge of the sign and the level of the ground, footway or roadway immediately below such sign;"copy" (artwork) means the complete advertising message to be displayed;"commercial advertising" is any words, letters, logos, figures, symbols, pictures relating to the name of a business, a trade, a partnership or an individual or any information, recommendation or exhortation in respect of any particular goods manufactured or sold or any particular services rendered or offered;"composite sign" means a sign linked to a standardised background of a specific size similar to a poster board on which logos or other tourist-related information can be attached;"Council" means the Heidelberg Transitional Local Council and includes the Executive Committee of that Council or any officer employed by the Council, acting by virtue of an, power vested in the Council in connection with these by-laws and delegated to him/her;"cut-outs / embellishments / add-ons" means letters, packages, figures or mechanical devices attached to the face of an outdoor sign which extend beyond the rectangular area for greater attention value. (Can provide a three dimensional effect);"depth of a sign" means the vertical distance between the uppermost and lowest edges of the sign;"directional sign" means a sign indicating the way to a place, undertaking or activity for the purpose of advertising or directing public attention as contemplated in the definition of "advertisement";"display of a sign" shall include the erection of any structure if such structure is intended solely or primarily for the support of a sign;"display period" means the exposure time during which the individual advertising message is on display;"election" means either Parliamentary or Provincial or Metropolitan or Transitional Local Council elections and by-elections held from time to time;"erf" means any piece of land registered in a deeds registry as an erf, lot, plot, stand or agricultural holding;"flashing sign" means a sign in which a symbol, figure, message or illustration intermittently appears and/or disappears and/or illuminated with varying colour or intensity;"flat sign" means 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;"flyposter" means any poster which is pasted by means of an adhesive directly onto a surface;"ground sign" means any sign detached from a building, other than an aerial sign, hoarding, billboard or advertising structure;"illuminated" means the installation of electrical equipment on an outdoor structure for illumination of the copy message at night;"illuminated sign" means a sign, the continuous or intermittent functioning of which depends upon it being illuminated;"inflatable sign" means any hoarding erected and maintained by means of air or gas used for the purpose of posting or displaying any advertisement;"main wall of a building" means any external wall of such building, but shall not include a parapet wall, balustrade or railing of a veranda or a balcony;"movable temporary sign" means a sign not permanently fixed and not intended to remain fixed in one position, but does not include any moving part in a fixed permanent sign;"non-profit body" is a body established to promote a social goal without the personal financial gain of any individual or profit making commercial organisation involved and that any individuals and bodies, who do not have a formal constitution, or whose objectives appear vague, or of limited social benefit be not permitted to display posters unless adequate proof to the satisfaction of the town engineer is supplied to validate their bona-fide non-profit and social orientated status;"person" includes both natural and artificial persons;"poster and notices" 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, the Provincial Local Government or similar body or to a referendum;"projected sign" means any sign projected by a cinematograph or other apparatus, but does not include a sign projected onto the audience’s side of a drive-in cinema screen during a performance;"projecting sign" means a sign, whether stationary or actuated, attached to and protruding from the facade of a building;"public place" means any road, street, thoroughfare, bridge, subway, foot pavement, footpath, sidewalk, lane, square, open space, garden, park or enclosed space vested in the Council;"pylon sign" means any sign whether stationary or actuated, displayed on/or forming an integral part of a pylon or mast or similar structure other than a building or advertising hoarding;"residential purposes" means the use of a building as a dwelling house, two or more dwelling units, a hostel, a boarding house and a residential club;"road traffic" sign means any road traffic sign as defined in Section 1 of the Road Traffic Ordinance, 1966 (Ordinance 21 of 1966);"rotating sign" means a sign which rotates about 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 lights moving steadily along such strip;"shelter displays" means posters positioned as an integral part of a free-standing covered structure;"sign" means any advertisement and any object, structure or device which is in itself an advertisement, in or in view of any street, or which is used to display an advertisement;"sky sign" means any sign erected or placed on or above any roof, parapet wall or the eaves of a building, but does not include a sign painted on a roof of a building;"spectacular" (an industry term) means a giant, modern, illuminated advertising billboard;"street" means any street, road or thoroughfare shown on the general plan of a township, agriculture holding or any other division of land or in respect of which the public have acquired a prescriptive or other right of way and which vests in the Council;"temporary advertisements" means signs and advertisements which are usually displayed to publicise a forthcoming event or to advertise a short term use of the advertisement site;"temporary sign" means a sign not permanently fixed and not intended to remain fixed in one position;"third-party advertising" means any advertising displayed which is not appropriate to the type of activity on the erf or site to which it pertains;"transit advertising" means all advertising on normally moving vehicles including taxis, busses, trailers, trams, vessels, etc.;"tri-vision" means a display embellishment which, through use of a triangular louvre construction, permits the display of three different copy messages in a pre-determined sequence;"veranda" means a structure in the nature of a roof attached to or projecting from the facade of a building and supported along its free edge by columns or posts;"window signs" are signs which are permanently painted on, or attached to the window-glass of a building.2. Applications for Council’s approval for signs and advertising hoardings
3. Withdrawal or amendment of Council’s approval
4. Exempt signs
5. Prohibited signs
No person shall erect or cause or permit to be erected or maintained any of the following signs:6. Fixing of signs and hoardings
7. Advertising signs and hoardings to be licensed
8. Signs suspended under verandahs or canopies
Every sign which is suspended from a veranda or a canopy shall comply with the following requirements:9. Signs on verandahs and canopies over street
10. Projecting signs
11. Pylon signs
12. Signs indicating the development of a township or property
13. Signs flat on buildings
14. Requirements for sky signs
Number of Storeys Below Sign | Maximum Vertical Dimension |
---|---|
One or two storeys | 1,5m |
Three of four storeys | 2,0m |
Five or six storeys | 3,0m |
Seven or eight storeys | 4,0m |
Nine or more storeys | 5,0m |
15. Screens for sky signs
Every screen for sky sign required in terms of Section 14(2) shall comply with the following requirements:16. Signs on buildings used for residential purposes
17. Signs on awnings
A sign containing only the name of a hotel, shop or restaurant may be displayed on an awning of approved material.18. Sun-blinds
19. Bill postings and hoardings
20. Signs not to be fixed to verandah columns
No sign of any description shall be fixed to street veranda posts or columns.21. Signs regarded as tenancy at will
22. Advertisements on banners or similar items
23. Advertisements on balloons
The Council may, for the purpose of considering an application for approval in terms of Section 2 of a sign to be displayed on a tethered balloon for a period not exceeding four days and being airborne only during daylight hours, have regard to:24. Painted advertisements
25. Temporary signs and advertising
26. Signs on and over streets
27. Posters
28. Materials for signs, advertising hoardings, screens and supporting structures
29. Power cables and conduits to sign
30. Erection and maintenance of signs and advertising hoardings
31. Charges
32. Damage to Council property
33. Entry and inspection
The Council shall be entitled, through its duly authorised officers, to enter into and upon any premises, at an reasonable time for the purpose of carrying out any inspection necessary for the proper administration and enforcement of the provisions of these By-laws.34. Offences
Any person who-35. Presumptions
If any person is charged with an offence referred to in Section 34 relating to any design, advertising hoarding or poster:36. Removal of signs or advertising hoardings
37. Serving of notices
Where any notice or other document is required by these By-laws to be served on any person, it shall be deemed to have been properly served if served personally on him or any member of his household apparently over the age of sixteen years at his place of residence or on any person employed by him at his place of business, or if sent by registered post to such person’s residential or business address as it appears in the records of the Council, or if such person is a company or closed corporation or a trust, if served on any person employed by that company, closed corporation or trust at its registered office or sent by registered post to such office.Any verbal request for action to be taken in terms of these By-taws shall be confirmed in writing.38. Billboards
39. Transit signs
40. Design requirements for signs
Regulations for Section 2(12)41. Right of appeal
42. National building regulations
Should any conflict exist between these By-laws and the National Building Regulations and Building Standards Act 103 of 1977 the Act shall prevail.History of this document
05 May 2018
Commenced