Outdoor Advertising

Jurisdiction: South Africa · Johannesburg
Date: 30 May 2018
Language: English
Type: Legislation
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Outdoor Advertising By-law, 2018

Published in Gauteng Provincial Gazette 146 on 30 May 2018
Commenced on 30 May 2018
[This is the version of this document from 30 May 2018 and includes any amendments published up to 4 April 2024.]

Preamble

The City Manager of the City of Johannesburg Metropolitan Municipality hereby in terms of section 13(a) of the Local Government: Municipal Systems Act, 32 of 2000, read with section 162(2) of the Constitution, 1996, publishes the Outdoor Advertising By-law for the City of Johannesburg Metropolitan Municipality as approved by its Council which will come into operation on the date of promulgation of this notice.

Chapter 1
Interpretation and application

1. Definitions

In these By-laws, unless the context otherwise indicates –"adjoining" means all the adjoining property owners/occupiers which include the properties on the opposite side of a street or lane;"advertisement" means any representation by a word, or abbreviation thereof, letter, logo, symbol, sign, figure, painting, drawing or other pictorial representation, or light, displayed in or in view of any public place, Provincial or National Road within the jurisdiction of the City for the purpose of drawing the attention of the public to or promoting any product, service, business or commercial enterprise, trade, person, election or candidature in an election, voter registration, entertainment, function, meeting or other event, aspects relating to security and news headlines;"advertising" means the act or process of displaying an advertisement and"advertise" has a corresponding meaning;"advertising precinct" means an advertising area specifically designated and approved as an advertising precinct by the City;"advertising sign" means a screen, fence, wall or any other object, structure or device, freestanding or attached to any wall or structure, in a fixed position intended to be used or used for the purpose of displaying any advertisement and any object, structure or device which is in itself an advertisement, in or in view of a public place, Provincial or National Road and includes an advertising hoarding and billboard and in so far as any provision of these By-laws relating to an advertising sign is practically capable of being applied to an advertisement, includes an advertisement other than an advertisement displayed on an advertising sign and a poster;"applicant" means a person who makes an application in terms of the provisions of this By-law on public or private land and it includes such person’s duly authorised agent;"approved" means approved in writing by the City and "written approval" has a corresponding meaning;"arcade" means a covered pedestrian thoroughfare not vested in the City, 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;"area of control" means 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 an area and traffic safety conditions as contemplated in Schedule 2 to this By-law or in terms of an Outdoor Signage Management Framework as approved by the City;"authorised official" means any official of the City who has been authorised by the City to implement and enforce the provisions of these By-laws;"banner" means a piece of cloth or similar material on which an advertisement is displayed in such a manner that it is legible in windless conditions and is attached to one or more ropes, poles or a flagstaff that projects vertically, horizontally or at any angle from the building or structure to which it is attached or is attached to a building or other structure, but excludes a banner carried as part of a procession;"blimp" means a gas-inflated balloon or other object, including any such object capable of carrying passengers, which is attached or anchored to the ground upon which an advertisement is displayed;"Building Control Officer" shall mean the officer appointed by the City in terms of the provisions of the National Building Regulations and Building Standards Act and "BCO" has a corresponding meaning."building line" means a building line determined under an applicable town planning or land use scheme or any other law or document that has the force of law;"building schedule" means a development programme for the construction or renovation of a building or structure specifying the different phases of the development or renovation and the type of construction prepared by a person undertaking the activities concerned;"Bus Rapid Transit System" means the public transport system as approved by the City;"City" means –(a)the City of Johannesburg Metropolitan Municipality established by Provincial Notice No. 6766 of 2000, as amended, or(b)its successors in title; or(c)a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Municipal Systems Act, as the case may be;"clear height" means the vertical distance between the lowest edge of an advertising sign and the level of the ground, footway or roadway immediately below such sign;"construction site" means a property or portion of a property on which any building or structure is under construction after building plans have been approved in terms of the National Building Regulations and Building Standards Act or provisional authorisation has been granted in terms of Section 7(6) of that Act, or on which a building or structure is in the process of being demolished, which require that a hoarding or fence be erected as contemplated in Regulation F1 of the Regulations issued under the said Act;"directional sign" means an advertising sign indicating or directing the attention of the public to a place, undertaking or activity for the purpose of advertising it;"display" means the display of an advertisement and "displayed" has a corresponding meaning;"dwelling house" means one dwelling unit forming a single building;"dwelling unit" means an interconnected suite of rooms designed for occupation by a single family, irrespective of whether the dwelling unit is a single building or forms part of a building containing two or more dwelling units;"election" means a national, provincial or local government election, any by-election and a referendum held in terms of any law;"electronic advertising sign" means an advertising sign, which has an electronically/digitally/LED controlled, or both an electronically and digitally controlled, illuminated display surface, which allows for different advertisements to be shown, changed, animated or illuminated in different ways and at different intervals on one such sign;"event" means an occasion organised for the general public;"façade" means the principal front of a building;"flag" means a piece of cloth or similar material upon which an advertisement is displayed and which is attached to a single rope, pole or flagstaff projecting vertically in such a way that its contents are normally not legible in windless conditions but excludes –(a)a national flag which does not carry any advertisement in addition to the design of the flag or flagstaff;(b)a flag carried as part of a procession; and(c)a flag which is not displayed on a flagstaff."gantry" means a freestanding advertising sign that extends over, or suspends across a public street erected for the sole purpose of displaying an advertisement;"interested party" means any person who has in terms of this By-law submitted an application or submitted comments or an objection or made representations in respect of any such application;"intersection" means that area embraced within the prolongation of the lateral boundary lines of two or more public streets, open to vehicular traffic, that join one another at any angle, whether or not one such public road crosses the other;"Motorway" means a road or part of a road designated as a motorway/freeway in terms of applicable legislation;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000\(Act, No. 32 of 2000) and any regulations made thereunder;"National Building Regulations and Building Standards Act" means the National Building Regulations and Building Standards Act, 1977, (Act No. 103 of 1977), and any regulations made there under;"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No. 107 of 1998) and any regulations made there under;"National Road Traffic Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996), and any regulations made there under;"on-premises advertising sign" means an advertising sign located on-(a)a property other than a public place; or(b)a public street and adjacent to a property contemplated in paragraph (a), on which sign an advertisement is displayed, advertising any business, industry, service, activity or attraction taking place or provided on that property and "on-premises advertising" has a corresponding meaning;"outdoor advertising " means the display of any advertisement in or in view of any public place, Provincial or National Road within the jurisdiction of the City;"owner" means, in relation to –(a)property, the person registered as the owner or holder thereof and includes the trustee in an insolvent estate, the liquidator of a company or a close corporation which is an owner and the executor of any owner who has died or the representative recognised by law of any owner who is a minor or of unsound mind or is otherwise under disability, provided such trustee, liquidator, executor or legal representative is acting within the authority conferred on him or her by law; and(b)an advertising sign or advertisement, the person who owns such sign or advertisement and any person who has a right to, or share in, the ownership of such sign or advertisement;"poster" means any placard displaying an advertisement attracting public attention to any event , activity or product for which a poster may be approved as contemplated in section 26(1);"pre-evaluation submission" means the submission envisaged in section 3(4) of this By-law;"prescribed" means prescribed by the City;"projected sign" means an advertisement projected by a cinematograph or other apparatus onto any surface, but does not include an advertisement projected onto the audience’s side of a drive-in cinema screen during a performance;"projecting sign" means an advertising sign, whether stationary or actuated, attached to and protruding from a building which is used for commercial business, offices, industrial or entertainment purposes and which projects more than 300mm from the surface of the wall to which it is attached;"Promotion of Administrative Justice Act" means the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000);"property" means any unit of land, including a public place, registered as a separate entity of land in the Deeds Office and includes any unit and land contemplated in the Sectional Titles Act, 1986 (Act No. 95 of 1986) and any public place depicted on the general plan of a township;"public place" means a public street, bridge, subway, a square, open space, garden and any other enclosed space to which the public has a right of access or which is commonly used by the public;"public street" means a road, street or thoroughfare or other right of way to which the public has a right of access or which is commonly used by the public and includes any portion of a public street between the edge of the roadway and the boundary of the land reserved for such public street, including a sidewalk, and it includes Provincial and National roads and/or motorways;"rates penalty" means the rate penalty as prescribed by the City’s Rates Policy and as envisaged in section 37(2) of this By-law;"registered person" means a person registered with the Engineering Council of South Africa as a professional engineer or professional engineering technologist, professional certified engineer or professional engineering technician under the Engineering Profession Act, 2000, (Act No. 46 of 2000);"residential building" means a building, other than a dwelling house and dwelling unit, designed for use or used for human habitation and includes a guest house, boarding house, hotel, residential club and hostel;"road island" means an area demarcated on a roadway by means of painted lines, stones, kerbs or other means, with the intention of preventing vehicles from standing or being operated in that area;"road median" means a median that separate a specific road/street to allow for traffic to travel in opposite directions or it separate two different roads to allow for traffic in opposite or the same direction but on different roads, for example a service road, and it excludes a road island;"roadway" means that portion of a public street which is improved, constructed or intended for vehicular traffic;"road reserve" means the full width of a public street including the roadway, shoulder and sidewalk and the air space above a roadway, shoulder and sidewalk and any other area within the road reserve boundary;"road traffic sign" means any road traffic sign and traffic signal as contemplated in the National Road Traffic Act;"scaffolding" means a system of interlocking poles and bars used to provide support or access, or both, to a site for construction purposes as regulated by the South African Bureau of Standards code of practice 085, entitled The Design, Erection, Use and Inspection of Access Scaffolding;"scrolling advertising sign" means an advertising sign which by mechanical means allows the rotation or changing of advertising faces to display different advertisements on one such sign;"sky sign" means any advertising sign erected or placed on or above any roof, parapet wall or the eaves of a building, but does not include an advertisement painted on a roof of a building;"storey" means the space within a building, which is situated between one floor level and the next floor level above, or if there are no clearly defined storeys, a height of 4,5m;"street furniture advertisement" means an advertisement displayed on any public facility or structure which is not primarily intended for advertising and includes a seating bench, plant box, sidewalk litter bin, pole-mounted litter bin, public transport shelter, sidewalk clock, suburban name and a street name signs and drinking fountain;"street light pole advertising sign" means an advertising sign fixed to or erected on a street light pole which pole vests in the City or a Municipal Entity;"streetscape" means the visual product of all the features within and adjacent to a public street such as street furniture, signage and landscaping;"third-party advertising sign" means an advertising sign located on a property upon which sign one or more advertisements are displayed which are not descriptive of any business, industry, service, activity or attraction situated, taking place or provided on that property and "third party advertising" has a corresponding meaning;"transit advertising sign" means a vehicle or trailer designed or adapted for advertising purposes and mainly used for such purposes;"urban design" means the actions of conceiving and managing the special and aesthetic characteristics of urban space between and around buildings including physical elements that make up the streetscape and the combined visual effect of building facades and other structures; and"voter registration" means voter registration conducted by the Independent Electoral Commission established in terms of section 4 of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), for the purpose of any election;

2. Application

(1)This By-law applies to all outdoor advertising in the area and jurisdiction of the City.

(2)Approval for outdoor advertising in terms of this By-law is required irrespective of the zoning of any property in terms of any applicable town-planning scheme and irrespective of the provisions of any other law.

(3)The owner of an advertising sign and any person who has applied for approval of an advertising sign in terms of this By-law must comply with any provision of this By-law relating to that sign and must ensure that such provisions are complied with, subject to anything to the contrary contained in such provision.

(4)An approval in terms of this By-law does not exempt the applicant/owner from complying with any other applicable law.

Chapter 2
Applications and approvals

3. Approval of advertising signs

(1)No person may erect an advertising sign or use or continue to use an advertising sign or any structure or device as an advertising sign without the prior written approval of the City.

(2)No advertising sign erected and displayed with approval contemplated in subsection (1) or any by-law repealed by section 38, may in any way be altered, removed, re-erected or upgraded, other than for maintenance work which may be required for the upkeep of an advertising sign, without prior written approval of the City and subject to such conditions and requirements as the City may consider appropriate which may include the submission of proof of compliance with section 31.

(3)An application for approval envisaged in subsection (1) above must be on the prescribed form and accompanied by such documentation, information, maps, diagrams and plans as set out in Schedule 1 to this By-law.

(4)An application envisaged in subsection (3) above shall be preceded by a pre-evaluation submission and such submission shall be accompanied by some but not necessarily all of the documentation, information, maps, diagrams and plans as set out in Schedule 1 as determined by the City.

(5)At the end of the pre-evaluation as envisaged in subsection (4) above, the City shall give to the applicant an indication in writing whether, if a formal application is to be submitted in terms of subsection (3) above, such application would be in compliance with the provisions of this By-law and would in all probability find support; however, the City would not be bound by such an indication when considering the application.

(6)The City may in its sole discretion exempt an applicant from complying with any of the requirements stipulated in Schedule 1in terms of a written application and on good cause shown.

(7)Every plan and drawing required in terms of Schedule 1 must be on a sheet of not less than A4 size.

(8)The City shall refuse to accept an application if –

(a)subject to subsection (6) above and subject to the authority to ask for any other information as per clause (p) in Schedule 1, any requirement stipulated in Schedule 1 has not been complied with; or

(b)the application relates to an advertising sign which is prohibited in terms of section 9.

(9)If any information requested by the City in terms of clause (p) of Schedule 1 is not provided within 60 days from the date of the first written request, or within such further period as the City may in writing permit, the application concerned shall automatically lapse without further notice.

(10)Any extension of time envisaged in subsection (9) above shall be submitted for consideration prior to the lapsing of the application.

4. Consideration of applications

(1)In considering an application submitted in terms of section 3(3), the City must, in addition to Schedule 2 or an Outdoor Signage Management Framework as approved by the City and any other relevant factor, legislation, policy, and by-laws of the City, have due regard to the following:

(a)The compatibility of the proposed advertising sign with the environment and with the amenity of the immediate neighbourhood, urban design and streetscape;

(b)Whether the proposed advertising sign will –

(i)have a negative visual impact on any property or a property zoned or used for residential purposes under any applicable town-planning or land use scheme; or

(ii)constitute a danger to any person or property or to motorists or pedestrians or obstruct vehicular or pedestrian traffic or constitute a traffic hazard in general;

(iii)in any way impair the visibility of any road traffic sign;

(iv)obscure any existing and legally erected advertising sign;

(v)obscure any feature which in the opinion of the City is a natural feature, architectural feature or visual line of civic, architectural, historical or heritage significance; or

(vi)in the City’s opinion, be unsightly or objectionable or detrimentally impact on the architectural design of any building on the property concerned or any adjacent or nearby property;

(c)The number of advertising signs displayed or to be displayed on the property concerned and on any adjacent property and its visibility in the circumstances in which it will be viewed in compliance with the minimum distances specified in section 6(2)(a);

(d)Any restrictive or other condition and any existing building line and servitude specified in a title deed, town planning scheme, conditions of establishment or any other law;

(e)Any written comments, objections or representations submitted by and conditions determined or prescribed by any statutory authority, for example, SANRAL or GAUTRANS, in terms of any legislation applicable to outdoor advertising;

(f)Any written representations, objections and comments received from any interested party; and

(g)Compliance with the provisions of this By-law.

(2)

(a)The City may refuse any application submitted in terms of section 14. 3(3) or approve it, subject to any amendment or condition the City deems appropriate which may include a condition, subject to section 14(3)(b) and if the approval is in relation to a third-party advertising sign and on private property, that an annual or monthly contribution be paid by the owner of the property as determined by the City for benefitting from the exposure a public road/street provides.

(b)Any approval in terms of subsection (a) above may be for a period as determined by the City.

(c)The period of approval contemplated in subsection (b) above must be specified in the approval.

(3)The City must forthwith, in writing, notify all the relevant parties to the application of its decision taken in terms of subsection (2)(a) above by registered post or by any other means available to the City, including e-mail and/or fax, and shall provide within such notification written reasons for its decision as contemplated in Section 5 of the Promotion of Administrative Justice Act.

(4)The Council must for its records retain every application, plans, drawings and other documentation submitted in terms of section 3(3) read with Schedule 1 for a period it considers appropriate.

(5)No approval granted in terms of this section has the effect that –

(a)any person is exempted from any provision of any other law that might be applicable to outdoor advertising; or

(b)the owner of the property and the owner of the advertising sign is exempted from the duty to ensure that such sign is designed, erected, completed, displayed and maintained in accordance with the provisions of this By-law and any other applicable law.

(6)Such "any other applicable law" envisaged in subsection (5) above includes the approval of building plans for such advertising sign in terms of the National Building Regulations and Building Standards Act, unless such advertising sign has been exempted by the City’s BCO as "minor building work" as per the provisions of the said Act as a result of the nature and size of the advertising sign.

(7)Any such advertising sign exempted by the BCO as envisaged in subsection (6) above, shall not be subject to a building line relaxation application where applicable.

(8)If an application submitted in terms of section 3(3) has been refused in terms of subsection (2)(a) above, no further application may be lodged in respect of the same exact application site for a period of two years from the date of such refusal, unless a motivation is submitted in writing for approval indicating a change of circumstances;

(9)If an advertising sign approved in terms of subsection (2)(a) above is not completely erected within six months from the date of approval of the building plans envisaged in subsection (6) above or within a time specified in such approval or any further period which the City on good cause shown may allow in writing, the approval shall automatically lapse, where after a new application must be submitted in terms of section 3(3) above.

(10)An application for an extension envisaged in subsection (9) above shall be submitted for consideration prior to the lapsing of the approval and if the extension is granted, it may not exceed a further 3 months.

(11)After the erection of an approved advertising sign, the applicant shall provide the City with a certificate by a registered engineer as envisaged by the provisions of the National Building Regulations and Building Standards Act, 103 of 1977, confirming the structural safety of the proposed advertising sign and its foundations, if applicable, within 7 days of date of such erection.

(12)Any application for the renewal of an approved advertising sign shall be submitted to the City for consideration in terms of section 3(3) within 5 months prior to the expiry of such an approved advertising sign and no renewal application will be accepted after the approval has already expired as such would warrant a new application in terms of section 3(3) above.

5. Withdrawal and amendment of approvals

(1)The City may, after having considered any representations made in terms of subsection (2) below, withdraw an approval granted in terms of section 4(2) above or granted in terms of any previously repealed By-law or other legislation applicable to Outdoor Advertising or amend any approval by adding, amending or deleting a condition in respect of such approval if, in the opinion of the City, the advertising sign concerned –

(a)is or has, as a result of a change to the nature of the environment or the amenity of the neighbourhood, streetscape or urban design existing at the time of such approval, become detrimental to the area in which it is located by reason of its size, intensity of illumination, quality of design, workmanship, material or its existence;

(b)constitutes, or has become, a danger to any person or property;

(c)is obscuring any other approved advertising sign, natural feature, architectural feature or visual line of civic, architectural, historical or heritage significance; or

(d)has become prohibited in terms of these By-laws or any other law;

(2)Prior to taking any decision in terms of subsection (1) above, the City must in writing notify the owner of the advertising sign concerned and the owner of the property on which such sign has been erected of its proposed decision and that he or she may within 21 days of the receipt of the notice make written representations concerning the proposed decision.

(3)The owner of the advertising sign concerned and the owner of the property concerned must forthwith be given notice in writing of any decision in terms of subsection (1).

(4)The City must upon written request provide written reasons for its decision as contemplated in Section 5 of the Promotion of Administrative Justice Act, 2000.

Chapter 3
General requirements, exemptions and prohibitions

6. General requirements for advertising signs

(1)The owner of an advertising sign and/or the owner of the property on which the approved advertising sign is to be erected must ensure that such sign is designed or located so as not to –

(a)be detrimental to the nature of the environment, streetscape, urban design or detract from the architecture of any building on which or where such sign is to be located, by reason of abnormal size, appearance, intensity of illumination, workmanship, design or its existence;

(b)wholly or partially obscure any other advertising sign previously erected which displays an advertisement;

(c)constitute a danger to any person or property;

(d)project outside the boundaries of the property on which it is to be erected or displayed;

(e)result in the removal of, or damage to, any trees in a public place without prior written authorisation of the Council;

(f)be unsightly and/or objectionable and not to comply with minimum distances as prescribed in subsection (2)(a) in relation to any other advertising sign;

(g)have a detrimental visual impact on any residential property within the immediate area;

(h)obstruct a fire escape or the means of access to or egress from a fire escape; or

(i)comply with the minimum clearance with regard to overhead power lines stipulated in any law.

(2)Any advertising sign on a public road/street or facing a public road/street, must comply with the following requirements:

(a)except for street light pole and on-premises advertising signs, a minimum distance of a 100m must be maintained between approved advertising signs or advertisements on the same side of a public road/street or on private property, provided that the City may require a minimum distance exceeding 100m if it considers it necessary in the interest of road safety; and

(b)except for static on-premises advertising signs flat against a building, no advertising sign may be located inside a prohibited area at any on-and off-ramp of a motorway, and inside a prohibited area of an overhead road traffic sign targeting the same critical traffic direction, as depicted in Schedule 3.

(3)Any advertising sign on a public road/street or facing a public street/road controlled by road traffic signs or signals must in addition to any other requirement in terms of this By-law or any other applicable law, comply with the following requirements:

(a)no advertising sign may obscure or interfere with any road traffic sign or create a traffic hazard;

(b)any advertising sign must be clear of any road traffic signs concerned and must be positioned in compliance with the following :

(i)no free-standing on-premises advertising signs greater than 8m² in extent shall be allowed within a 50 m from the nearest road traffic sign or signal at an intersection;

(ii)street furniture used for advertising or a sign containing the name of a suburb and an advertisement at an intersection shall be 5m from any road traffic sign;

(iii)except for temporary construction site advertising signs and street furniture advertising signs, no other third party advertising sign may be positioned within 50m from the nearest road traffic sign or signal at an intersection.

(iv)No electronic, digital or LED advertising sign shall be allowed within a 100m from the nearest road traffic sign or signal at an intersection.

(4)Traffic flow may not be impeded during the erection and maintenance of an advertising sign located in a public street, unless prior permission has been obtained and necessary precaution arranged with the City.

(5)As a guideline, no freestanding third-party advertising sign on any property, except for those located in an advertising precinct, may exceed:

(a)in an area of partial control, 40m²; and

(b)in an area of minimum control, 120m².

(6)Notwithstanding the guideline as set out in subsection (5) above, the City may approve an application in excess of the sizes stipulated in subsection (5) above on good cause shown.

(7)The overall height of an advertising sign may not exceed 12m with a clear height of 2.1m, provided that the City may in granting an application in terms of section 4(2), approve a height in excess of the height stipulated in this subsection on good cause shown.

(8)The following maximum luminance levels per square metre shall be applicable for all classes of advertising signs where illumination is permitted:

A compliance certificate shall be provided to the City by a registered electrician certifying compliance with the above.

(9)Any advertising sign which constitutes a gantry shall only be erected in designated areas as approved by Council.

7. Power cables and conduits to signs

(1)Every power cable and conduit containing an electrical conductor for the operation of an advertising sign must be so positioned and attached so that it is not unsightly.

(2)No advertising sign may be connected to any electricity supply without the prior written permission of the electricity supply authority concerned and such permission must, on request by an authorised official, be presented to him or her by the owner of the advertising sign concerned.

8. Exempt advertising signs and advertisements

(1)The following advertising signs and advertisements are exempt from the provisions of this By-law :

(a)An advertising sign on a property where a building, swimming pool, tennis court, paving, fencing or garden landscaping or any other structure is in the course of being constructed, erected, carried out or altered and on which the activity concerned is described and the name of any architect, contractor or consultant concerned in such activity is displayed and the branch of the industry or the profession involved is specified, provided–

(aa)only one such sign, or set of signs is permitted per street frontage of a property; and

(bb)such sign is placed on or affixed to the building concerned or attached to the boundary wall or fence of the property on which the activity is taking place; and

(cc)such sign may not exceed 8m² in extent with a maximum height of 6m, if the name of the architects, consultants and contractors or all of them are displayed; and

(dd)such sign may not exceed 2m² in extent if the names of the contractor, sub-contractor, or both of them, are displayed; and

(ee)such sign is removed within 21 days of the completion of the activities contemplated in this paragraph;

(b)In an area of maximum control, an advertisement consisting of one metal plate or board not exceeding 600mm x 450mm in size, displaying the name, address and telephone number of a security company contracted to protect a property and firmly affixed to the boundary wall, fence or gate on the street of the property concerned;

(c)An advertising sign not exceeding 2m² in extent attached to a boundary wall or fence of a property on which the existence of a security company or protection service conducted on that property is displayed;

(d)A single advertisement not exceeding 600mm x 450mm in size on any street boundary of a property or portion of a property on which the existence of a security service or burglar alarm system is displayed;

(e)A transit advertising sign which is mobile at all times when an advertisement is displayed;

(f)An on-premises advertising sign comprising–

(aa)a non-illuminated advertising sign not projecting over a public street and not exceeding 8m² in extent displaying the trade, business, industry or profession conducted by any occupant or resident of the building to which such sign is attached, and the name of such occupant and resident, the address and telephone number of the occupant and resident and the hours of business; provided only one such sign per occupant or resident is displayed; and

(bb)An illuminated advertising sign not exceeding 12m² in extent, incorporated in the face of a building and a sign forming an integral part of the fabric of a building, not on or attached to the building in any manner.

(g)Street furniture advertisements not exceeding 2m²;

(2)The following advertising signs and advertisements are exempt from compliance with the provisions of section 3(3) but must comply with any other applicable provision of this By-law:

(a)Any advertisements not in conflict with any provision of this By-law displayed on an advertising sign approved in terms of section 4(2);

(b)Any advertising sign and advertisements associated with and displayed at or on public transport shelters and stations;

(c)A poster relating to voter registration for the purposes of an election displayed by the Independent Electoral Commission in terms of section 27;

(d)A poster advising of a national, provincial government or local government event or activity, subject to compliance with section 27;

(e)A poster advising of an event, activity, function or meeting organised by a registered political party, subject to compliance with section 27;

(f)An advertising sign provided for in terms of sections 10, 11, 12, 15(1), 18, 19, 20(1) and 23, and complying with the applicable requirements of those sections;

(g)An advertising sign not exceeding 2 m² indicating the existence of a Block or Neighbourhood Watch System, Community board, displayed on a boundary wall or fence or in a position approved by the Council;

(h)An advertising sign for hawkers once a permit has been issued in terms of the relevant by-laws which is limited to two signs per hawker and which must be removed daily at close of business of such hawker;

(i)Any advertising sign which has been erected in terms of a Council approved initiative in terms of a Council Resolution which is deemed to be in the public interest or which is deemed to be of local, Provincial or National interest.

(3)Any advertising sign referred to in subsection (2) which does not comply with any provision of this By-law relating to such sign, may only be erected or displayed after approval of an application in terms of section 4(2).

9. Prohibited signs

In addition to any other prohibition, expressed or implied, in this By-law, no person may erect, maintain or display any advertising sign –

(a)painted on, attached to, or attached between the columns or posts of, a veranda;

(b)which projects above or below a fascia, bearer, beam or balustrade of a veranda or balcony fronting on a public street;

(c)which is luminous or illuminated and which is attached to a facia, bearer, beam or balustrade of any splayed corner of a veranda or balcony fronting on a public street;

(d)on calico, paper machete, plastic, woven or similar material unless –

(i)it is an advertising sign contemplated in section 19 or 20;

(ii)it consists of a flexible face and forms part of an advertising sign approved in terms of section 4(2);

(e)which is a swinging sign, not rigidly attached to any building or structure;

(f)which may obscure, or be mistaken for, or interfere with the functioning of, a road traffic sign;

(g)which may endanger the safety of motorists by restricting their vision or line of sight;

(h)which is indecent or suggestive of indecency and/or prejudicial to public morals;

(i)which obstructs any window or opening in a building provided for the ventilation of that building or which obstructs any stairway or doorway or other means of exit from a building or which will prevent the movement of persons from one part of a roof of a building to another part thereof;

(j)which is an animated or flashing advertising sign, the frequency of the animations or flashes or other intermittent alternations of which may disturb the residents or occupants of a building or is a source of nuisance to the public or detrimentally affect or pose a risk or threat to road traffic or pedestrian safety;

(k)which is an illuminated advertising sign, the level of illumination of which disturbs the residents or occupants of a building or is a source of nuisance to the public or a portion of the public or detrimentally affect or pose a risk or threat to road traffic or pedestrian safety ;

(l)which is a movable either temporary or permanent advertising sign, other than those allowed in terms of this By-law;

(m)if the extent of the advertising sign exceeds 30m² and it is painted or fixed on a wall of a building other than a front wall of that building, unless such sign has been permitted in terms of section 14(3).

(n)which is painted on or attached to a boundary wall or fence which wall or fence has not been approved as an advertising sign in terms of section 4(2);

(o)which is attached to a road traffic sign or a tree including posters that does not comply with section 26;

(p)which is on a road island excluding a road median;

(q)which is attached to a security access control structure to any area property or building;

(r)which is an advertising sign for purposes of section 20 which displays a third party advertisement on it;

(s)subject to section 16(1), on a property where the main land use is residential in nature;

(t)which is a painted third party advertising sign onto the roof of any building;

(u)in the middle or on the median island of a motorway marked as such whether Provincial, National or local and it includes street pole advertising signs but excludes an advertising sign that constitutes a gantry for purposes of section 6(9);

(v)against any telecommunication, cell mast or what is deemed to be infrastructure pylons.

(w)within an on- or off-ramps of any motorway as per Schedule 3.

Chapter 4
Provisions relating to specific advertising signs

10. Signs suspended under verandas or canopies

Any advertising sign which is suspended under a veranda or a canopy, must comply with the following requirements:

(a)Unless otherwise permitted by an approval in terms of section 4(2), such sign must be fixed with its face at right angles to a boundary of a public street on which the property concerned fronts;

(b)no part of such sign may project beyond the outer edge of the veranda or canopy from which it is suspended;

(c)such sign must have a clear height of at least 2,75m;

(d)the top of such sign may not be more than 1m below the canopy or veranda from which it is suspended or more than exceed 1m in thickness;

(e)unless otherwise permitted by an approval in terms of section 4(2), the bottom edge of such sign when suspended must be horizontal and the supports by means of which it is suspended must be an integral part of the design of such sign.

11. Signs on verandas or canopies over public streets

(1)Any advertising sign affixed to or onto a veranda or canopy which extends over a public street–

(a)must be set parallel to the building line on the property concerned;

(b)may not exceed 600mm in vertical dimension; and

(c)must be attached immediately above the eaves of a veranda or canopy roof in such a manner that it does not project beyond the rear of the roof gutter or must be fixed against but not extending above or below the veranda parapet or balustrade in such manner that it projects more than 230mm from the outside face of such parapet or balustrade

(2)An advertising sign on a building in which public entertainment is presented, attached to a veranda or canopy extending over a public street and which displays only the features or programmes of the entertainment to be presented in such building, may not exceed –

(a)an area of 1m² in the aggregate for every 1.5m or part thereof of the frontage of such building on the public street over which such sign is erected; and

(b)1.2m in height.

(3)Nothing in this section prohibits the painting of an advertisement on or the display of advertisement not exceeding 600mm in thickness on a beam over a veranda column or on a parapet of a veranda contemplated in subsection (1).

12. Projecting signs

(1)Any projecting sign must be set at right angles to the building line and must maintain a clear height of not less than 2,75m.

(2)Subject to the provisions of subsection (3), no sign contemplated in subsection (1) may either exceed 600mm in height, 300mm in thickness nor project more than 900mm from the building to which it is attached.

(3)A projecting sign larger than that specified in subsection (2) may be erected, subject to compliance with the following requirements :

(a)such sign must be constructed of metal framing and covered with metal sheeting;

(b)such sign may not exceed 9m in height or project more than 1.5m from the building concerned, or in the case of a sign consisting only of the name of a building used for the public, 14m in height or project more than 1.8m from the building concerned;

(c)such sign must be supported by at least four iron brackets firmly fixed to the building concerned, any two of which must be capable of carrying the entire mass of the sign; and

(d)such sign must be adequately protected from wind pressure by the use of effective braces and stays.

13. Pylon signs for on-premises advertising

(1)For the purposes of this section "pylon" means a structure designed solely for advertising purposes to which an advertising sign is attached, supported by or displayed on or a combination of such signs, for the purpose of on-premises advertising.

(2)Any pylon must be independently supported and for that purpose it must be firmly secured to an adequate foundation in the ground and be entirely self-supporting without the aid of guys, stays, brackets or any other restraining device.

(3)The dimensions of a pylon and its associated advertising sign must be such that the entire assembly, whether stationary or actuated, can be contained within a notional vertical cylindrical figure having a diameter of 9m and a height of 12m.

(4)No activated or protruding part of a pylon sign or of an advertising sign associated with it may be less than 2.4m above the highest point of the existing ground level immediately below that pylon.

(5)No free standing advertising sign as contemplated in subsection (1) shall have a single advertising display exceeding 18m² and 24m² for a combination of such signs.

14. Advertising signs placed flat on buildings or painted on a wall of a building and bridges

(1)No on-premises advertising sign contemplated in this section, may exceed 40m² in extent in an area of partial control, and 80m² in an area of minimum control.

(2)No third party advertising sign contemplated in this section may exceed 80m² in an area of partial control, and 200m² in an area of minimum control.

(3)Notwithstanding the provisions of subsection (1) and (2), it may in an approval in terms of section 4(2) above be permitted or required that the dimensions of any such sign be greater than those specified in those subsections, if-

(a)it is in the interests of the aesthetic appearance of a building or wall on which an advertising sign is placed as contemplated in subsection (1) and (2), and of the neighbourhood where such building or wall is situated, if the building or wall is situated in appropriate areas of either partial or minimum control;

(b)it is in the Inner City as indicated in the City’s Spatial Development Framework and the approval of such sign in terms of section 4(2) is subject to an annual prescribed financial contribution to be utilised for any Inner City Renewal project.

(4)Any advertising sign displayed against any bridge may not exceed 30m² in extent in an area of partial control and 45m² in extent in an area of minimum control.

15. Signs relating to the development of townships and properties

(1)An advertising sign exempted in terms of section 8(2) and relating to the development of a township or property and the disposal of property in a township may be displayed, provided the following requirements are complied with :

(a)If such advertising sign relates to the laying out or development of any land as a township or for the disposal of any erven in a township or a property development –

(i)it may not be erected prior to the land-use rights being promulgated in terms of the Townships and Town-planning Ordinance 1986 (Ordinance 15 of 1986) or any other applicable law; and

(ii)may not exceed 40m² in an area of partial control and 80m² in an area of minimum control and an erected height of 12m;

(b)such advertising sign must be located on the site of the proposed township or property development; and

(c)any such advertising sign must be removed within 90 days of a development being completed or in respect of a property for sale or to let, within seven days after the sale or letting concerned.

(2)If an advertising sign contemplated in this section does not comply with subsection (1), an application for approval of such sign must be made in terms of section 3(3).

16. Requirements for sky signs

(1)Notwithstanding section 9(s), a sky sign may be erected on a building where the main use is residential or which is used as a residential building as long as the sign has no visual impact on the occupants of the building itself or any other building in the immediate area which is used for residential purposes or as a residential building.

(2)Two or more sky signs placed one above the other, whether or not in the same vertical plane, are for the purposes of this section, deemed to be one such sign.

(3)In an area of minimum or partial control as specified in Schedule 1 to this By-law, every sky sign must be set against a screen complying with the requirements of section 17.

(4)No part of a sky sign may protrude beyond, above or below the edge of the screen required in terms of subsection (2).

(5)No sky sign may exceed 500m² in extent: Provided that the City may for a third party advertising sign allow a greater extent.

(6)If the number of storeys contained in that part of a building which is directly below a sky sign is –

(a)one to five storeys ; or

(b)six or more storeys,

the vertical dimension of such sign may not exceed 3,0m and 5,0m respectively : Provided that the City may in terms of section 4(2) approve a third party advertising sign which is a sky sign with a greater dimension.

17. Screens for sky signs

(1)Every screen for a sky sign contemplated in section 16 must comply with the following requirements:

(a)Every screen must be located and constructed to form a continuous enclosure effectively concealing the frame and the structural components of any sky sign from view, and, if it is required or allowed in an approval in terms of section 4(2) –

(i)such screen and structural component must be screened from any adjacent or other property;

(ii)the provisions of paragraph (a) requiring a continuous enclosure may be relaxed if the walls of any building on a property contemplated in sub-paragraph (i) are of a height and construction that such walls will effectively conceal such frame and structural components and do not contain openings overlooking them.

(b)unless the City otherwise allows, no part of a screen may protrude beyond the perimeter of the building on which it is constructed;

(c)the gap between the bottom of a screen and that part of the building immediately below it may not exceed 100mm;

(d)no vertical dimension of any screen may exceed one-and-one-half times the vertical dimension of a sky sign specified in section 16(6): Provided that if the screen also encloses a lift motor room, tank or other structure on the roof of the building concerned, the vertical dimension of the screen may be increased to the same height as such room, tank or structure; and

(e)if the material of which the screen is made has an open mesh or grid formation –

(i)the openings in such mesh or grid must be uniform; and

(ii)the aggregate area of the openings may not exceed 25% of the area of the screen; and

(iii)no dimension of any such opening may exceed 100mm : Provided that the City may allow the erection of a screen not complying with this paragraph, if the requirement of concealment in terms of paragraph (a) is met.

18. Advertising signs depicting name, profession or occupation at residential buildings, dwelling houses and dwelling units

An advertising sign not exceeding 2m² specifying the name, profession or occupation of an occupant of the residential building, dwelling house or dwelling unit may be displayed by attaching the signs to a boundary wall or fence at or against the entrance door of such a residential building, dwelling house or dwelling unit.

19. Sun-blind advertisements

An advertisement on any sun-blind exempted in terms of section 8(2), may be displayed without the approval of the City as envisaged in section 8 above, subject to compliance with the following requirements:

(a)A sun-blind must be so erected, positioned and attached to a building that it is incapable of being lowered to a height lower than 2m above the footway or pavement of a public street;

(b)except at an intersection, a sun-blind must be placed parallel to the building line of the property concerned; and

(c)at any intersection a sun-blind must be placed so that it does not cause any interference with or endanger vehicular or pedestrian traffic, or a traffic sign, street nameplate or other notice for the guidance or information of the public.

20. Advertisements on banners, flags and similar objects

(1)An advertisement on any banner, streamer, flag, paper, paper machete, plastic sheet or other similar pliable material or on calico or other woven material may only be displayed for the following purposes :

(a)advertising a function or event conducted for religious, educational, social, welfare, animal welfare, sporting, civic or cultural purposes, or a function or event relating to an election and no on-premises and third-party advertising shall be allowed.

(2)An advertisement envisaged in subsection (1) above must comply with the following requirements:

(a)banners (limited to 6m²) and/or flags as envisaged in subsection (1)(a) shall be limited to 4 each for the same function or event and must, subject to section s 4, 6 and 9, be attached to a pole or suspended between poles or other supports but may not be suspended across a public road;

(b)banners and/or flags as envisaged in subsection (1)(a) above shall only be displayed within the relevant property boundaries; and

(c)banners and flags as envisaged in subsection (1)(a) may not be displayed for more than ten (10) days prior to the date of the function or event advertised and must be removed within four (4) days after the conclusion thereof.

21. Advertisements on blimps

(1)The City must, for the purposes of considering an application for approval in terms of section 3 of an advertisement to be displayed on a blimp, have regard to –

(a)the size of the blimp;

(b)the strength of the anchorage and the anchoring cable;

(c)the provision of a device by means of which the blimp will automatically so deflate as to sink slowly to the ground in the event of the failure or severance of the blimp from its anchorage or anchoring cable;

(d)the possibility of interference with pedestrian or vehicular traffic;

(e)any requirement or condition prescribed by the Department of Civil Aviation, including the maximum height to which the blimp must be restricted; and

(f)the location of the blimp.

22. Advertising signs relating to selling and letting of property

(1)Any of the following advertising signs relating to the letting or selling of property must comply with the following requirements:

(a)A sign not exceeding 600mm x 450mm in size containing the words "for sale" , "to let" or "sold" in respect of a dwelling house or residential building and displaying only the name, address and telephone number of the owner of the property or his or her estate agent, must be –

(i)placed on or attached to the building concerned;

(ii)attached parallel to a boundary fence or wall of the property concerned;

(iii)otherwise displayed within the boundaries of the property concerned;

(iv)on that part of a public street, other than the roadway, on which the property concerned fronts and directly in front of such property and subject to it not obstructing any pedestrian traffic; and

(v)limited, if an estate agent is involved, to one sign per estate agent per property;

(b)A single sign per street frontage of a property not exceeding 600mm x 450mm in size, which contains only the word "sold" and the name address and telephone number of the estate agent concerned, in respect of any dwelling house, or residential building, and which –

(i)is displayed only after every sign specified in paragraph (a) has been removed;

(ii)is placed, attached or displayed as specified in paragraph (a)(i), (ii) or (iii);

(c)A single sign not exceeding 8m² in extent per building flat on the façade of a non-residential building which contains only the words "for sale", "to let" or "sold" and the name, address and telephone number of the owner or his or her estate agent, or only the word "sold" and the said particulars of the estate agent, for a period not exceeding 90 days;

(d)A sign not exceeding 600mm x 450mm in size, displayed on a vacant residential property, which displays only the words "for sale" and the name, address and telephone number of the owner or his or her estate agent concerned, or only the word "sold" and the name address and telephone number of that agent;

(e)A "for sale" sign must be limited to one sign per estate agent and may be displayed for a period not exceeding 90 days; and

(f)A single sign not exceeding 8m² in extent per property, on a vacant non-residential property, on which the words "for sale" or "to let" and the name, address and telephone number of the owner or his or her estate agent are displayed or the word "sold" and the name, address and telephone number of the estate agent concerned, may be displayed for a period of not exceeding 90 days;

(2)Not more than eight (8) directional signs and only on show days indicating the position of a property for sale or to let may be displayed by an estate agent and "show days" shall mean on Saturdays and Sundays only between the hours of 8H00 and 17H00 and such signs shall be removed daily at the conclusion of such show day.

23. Other temporary advertising signs

(1)Any advertising sign not exceeding 8m² in extent and not more than 3m above the ground level immediately below it, containing an advertisement relating to a sale in execution consequent upon the decision of a Court of Law or an auction or a sale by a liquidator or a trustee in an insolvent estate to be held on or relating to a property, may be displayed on that property for not more than ten (10) days before the sale or auction, or for more than four (4) days after the conclusion of the sale or auction.

(2)The City may approve temporary advertising on property owned by, vested in or controlled by it for a period not exceeding 120 days.

24. Advertisements on construction sites

(1)The City must, for the purposes of considering an application in terms of section 3(3) for an advertisement to be displayed on the boundary or fence of or scaffolding on a construction site for a period as set out in the building schedule, have regard to the following considerations :

(a)the area of control as set out in Schedule 2 to this By-law or in terms of an Outdoor Signage Management Framework as approved by the City, applicable to the property concerned and its surroundings; and

(b)the overall height of the advertisement to be displayed on the boundary or fence or scaffolding on a construction site shall be 3m, which may be increased on good cause shown and the size of the advertisement shall be at the discretion of the Council.

(2)An advertisement specified in subsection (1) is only allowed in an urban area of partial or minimum control and

(a)may only be permitted on and be attached to scaffolding which is against a building under construction or on and attached to a hoarding, fence or wall on the boundary of a construction site as envisaged in regulation F1 of the National Building Regulations and Building Standards Act which has been erected to enclose that site during construction and which may not be a free standing advertising sign;

(b)may only be erected if it will conceal an unsightly condition arising out of the use to which the property concerned is put and if such sign will make a positive contribution to the visual environment; and

(c)may not be placed on the top of a boundary fence or wall unless it is positioned so that there is no gap between the advertisement and the wall or fence.

25. Transit advertising

(1)A transit advertising sign containing an advertisement is exempted in terms of section 8 if it is mobile at all times and not specifically parked for purposes of advertising;

(2)An owner of a transit advertising sign who wishes to park such transit advertising sign for purposes of advertising at a specific location and for a specific period, shall be subject to an application as envisaged in section 3(3) above.

(3)For purpose of subsection (2) above, the City shall identify pre-determined sites within the jurisdiction of the City which sites will then be available for transit advertising purposes upon application, provided that no transit advertising sign shall be parked for purposes of advertising on any other site not so determined by the City.

(4)The approval of an application for a transit advertising sign shall be subject to any condition the City may deem fit, including the period of approval, and a permit will be issued by the City which must be displayed at all times on the transit advertising sign or shall be produced by the owner of the sign upon request by an authorised official.

(5)The parking of any transit advertising sign on a site which has not been pre-approved and for which no permit has been issued by the City shall be regarded as illegal and subject to removal and impoundment as envisaged in subsection (6) below.

(6)If a transit advertising sign is used in contravention of subsections (1), (2), (3), (4) and/or (5) above or any other provision of this By-law, an authorised official may, without prior notice to the owner, remove and impound such transit advertising sign without a court order.

(7)Any transit advertising sign impounded in terms of subsection (6) above must be kept by the City for a period of 60 days from the date of impoundment and an authorised official must in writing notify the owner of such sign of the impoundment if the address of the owner can be ascertained.

(8)An owner of a transit advertising sign impounded in terms of subsection (6) above may claim such sign within the period specified in subsection (7) subject to payment of a prescribed fee.

(9)The City may if an advertising sign is not claimed by its owner within the period of 60 days referred to in subsection (7), destroy or otherwise dispose of the advertising sign concerned.

(10)The City may recover the prescribed fee from any owner who has not claimed his or her transit advertising sign in terms of subsection (8).

Chapter 5
Posters

26. Approval of posters

(1)No person may, except for newspaper posters and subject to the provisions of section 27, display any poster in, or in view of, any public place unless he or she has first obtained the written approval of the City.

(2)Approval in terms of subsection (1) may only be given for the display of a poster which does not relate to third party advertising.

(3)Application for approval contemplated in subsection (1) must be made on a prescribed form and must be accompanied by –

(a)details in writing of every township and street in which the posters concerned are to be displayed;

(b)by the prescribed fee; and

(c)an example of every poster to which the application relates;

(d)an example of the frame in which the posters will be displayed.

(4)Every poster for which permission is granted as contemplated in subsection (1) must be provided with a sticker supplied by the City and only a poster with such sticker may be displayed

(5)The City may to retain one poster to which an application in terms of subsection (3) relates for identification purposes.

(6)Any person who displays a poster, for which approval has been granted as contemplated in subsection (1), must comply with the following requirements:

(a)No poster may be displayed that it has a clear height lower than 2.1m or higher than 3m;

(b)no poster may be indecent or suggestive of indecency, prejudicial to public morals or reasonably objectionable;

(c)no poster may be displayed on any motorway and on any on- and off-ramp relating to a motorway; whether a local, provincial or national motorway;

(d)every poster other than a poster contemplated in section 27 must be displayed in a frame and in a location approved by the City;

(e)a frame referred to in sub-paragraph (d) may not exceed –

(aa)600mm in height x 450mm in width in respect of any poster displaying a newspaper headline; and

(bb)900mm in height x 600mm in width in respect of any other poster;

(f)a poster with a frame contemplated in paragraph (d) may only be attached to an electric pole in a public place and only one single frame per pole;

(g)a frame referred to in paragraph (f) must –

(aa)be secured in such a manner that it will not become wholly or partially dislodged by wind or any other means; and

(bb)positioned in such a manner that it does not obscure or interfere with the electrical inspection chamber or pole identification number of the pole to which it is attached; and

(cc)not impair the safety of motorists or pedestrians.

(h)no poster may be displayed within 20m of an intersection, controlled by a road traffic sign;

(i)no poster relating to a meeting, function or event, other than a national election or relating to the registration of voters, may be displayed for a period exceeding ten days before the date on which such meeting, function or event commences or longer than four days after the date on which it ends;

(j)the name and contact details of the person displaying any poster, details of the event advertised, the commencement and final date of the event and the venue with address where it is to be held must appear on every poster.

(k)no poster may be displayed for a period exceeding 28 consecutive days for any event advertised; and

(l)no poster may be affixed by means of adhesive directly onto any surface of any private or City property or asset.

(7)Subject to approval contemplated in subsection (1), a number of posters not exceeding 80, advertising an auction to be held in consequence of an order of Court of Law as a sale in execution or a sale held by a liquidator or a trustee in an insolvent estate, may be displayed and must contain –

(a)in the case of a sale in execution, the relevant case number; or

(b)in the case of a sale by a liquidator or a trustee, the reference number of the Master of the High Court.

(8)

(a)An authorised official may forthwith, without giving notice to anyone, remove, without a court order, any poster displayed without approval having been obtained in terms of subsection (1) or which is in conflict with any provision of this By-law.

(b)Any poster removed in terms of paragraph (a), other than a poster which had to be damaged or destroyed in order to remove it, may be claimed by its owner within 21 days of its removal, and if not so claimed may be destroyed by an authorised official.

(c)If an owner claims any poster in terms of paragraph (b), the poster concerned must be returned to him or her subject to the payment of the prescribed fee.

(d)The City may recover the prescribed fee contemplated in paragraph (c) from any owner who does not claim his or her poster as contemplated in that paragraph.

27. Posters relating to election or voter registration

(1)The following requirements must be complied with in respect of any poster relating to elections or voter registration:

(a)Every poster must be attached to a board made of weatherproof material, in such a manner that it will not become wholly or partially dislodged by wind or any other means;

(b)no board or poster referred to in paragraph (a) may exceed 900mm in height x 600mm in width or be less than 600mm in height x 450mm in width;

(c)a board and poster referred to in paragraph (a) may only be secured to an electric light pole;

(d)a poster relating to –

(i)a candidate nominated for election may be displayed from the date of such nomination;

(ii)an election other than a poster referred to in paragraph (a), or voter registration, may be displayed from the a date –

(aa)14 days prior to the date of the proclamation in the Government or Provincial Gazette of the election or voter registration; or

(bb)if applicable, 14 days prior to the date of nomination of candidates, whichever date is earlier;

(e)any poster contemplated in this section, must be removed by the person displaying it within five days after conclusion of the election or voter registration, failing which, the City shall within 10 days after the conclusion of the election or voter registration notify the relevant party to remove the posters within a time period specified, failing which, the City may remove the posters itself against a prescribed fee per poster payable by the relevant party.

(2)The provisions of section 26(6)(a), (b), (c), (e) (f) and (g), read with the necessary changes, shall apply mutatis mutandis in respect of any poster contemplated in this section, provided that such poster need not be placed in a frame.

(3)The provisions of section 26(8) read with the necessary changes apply mutatis mutandis in respect of posters not complying with the provisions of this section.

Chapter 6
Miscellaneous

28. Maintenance and removal of advertising signs

(1)

(a)The owner of the property and the owner of the advertising sign are responsible for maintaining an advertising sign and the surrounding area so that it does not become unsightly or deteriorate to such a degree that it is in conflict with any provision of this By-law.

(b)The owners contemplated in paragraph (a), must carry out at least one annual inspection of an advertising sign with the view of satisfying himself or herself that it has been properly maintained as contemplated in paragraph (a) and forthwith carry out any necessary maintenance resultant upon such inspection.

(c)The owners contemplated in paragraph (a), must keep a written record of any inspection made and maintenance carried out in terms of paragraph (b), must retain such record for a period of five years and must, on request by an authorised official, make such record available for perusal.

(2)If, in the opinion of an authorised official, any advertising sign has been allowed to fall into a state of disrepair or is in conflict with any provision of this By-law, such authorised official shall serve a notice on the owner of such sign and the owner of the property requiring him or her, at his or her own cost, to remove the advertising sign or take other steps relating to the maintenance specified in the notice, within a period so specified, failing which, such authorised official may take such steps necessary to remove such advertising sign, which shall include the removal of such advertising sign without a court order if the advertising sign has been erected on City owned property, on property that vests in the City in terms of any applicable legislation or on any public place.

(3)If, in the opinion of an authorised official, any advertising sign has become dangerous and unsafe for whatever reason in that it poses a possible threat to life and/or property, such authorised official may, without serving a notice on the owner of the advertising sign or the owner of the property concerned, remove such advertising sign forthwith and without the necessity to obtain a court order.

(4)Notwithstanding the powers vested in subsection (2) above and after failure by the owners to comply with the notice envisaged in subsection (2) above, if an advertising sign is in contravention of any provision of this By-law, the sign will be deemed illegal and an authorised official may mark the advertising sign as illegal by pasting the words "illegal sign" over the entire advertisement rendering the advertisement null and void.

(5)

(a)If at any time, no advertisement is displayed on an advertising hoarding, the City may serve a written notice on the owner of that hoarding requiring him or her at his or her own cost, to display an advertisement on that hoarding within a period so specified or to display a community message specified by the City, until that owner displays an advertisement on the hoarding concerned.

(b)The approval for an advertising hoarding in terms of this By-law lapses if the owner on whom a notice has been served in terms of paragraph (a) fails to comply with the requirements of the notice within the period specified therein.

29. Costs of removal and storage

(1)The cost incurred by the City for the removal and storage of an advertising sign, other than a poster, and other costs incurred by the City as contemplated in section 28 above, may be recovered from the owner of that advertising sign or the owner of the property or any other person whose name or activity is displayed on that advertising sign.

(2)If an advertising sign has been removed in terms of section 28(2) or (3), an authorised official must in writing give notice to the owner of that sign, if his or her address can be ascertained, of such removal and that he or she may claim the advertising sign concerned.

(3)Any advertising sign which has been removed and stored in terms of this By-law may be released to its owner subject to payment of a prescribed fee.

(4)Any advertising sign removed and not claimed within 60 days may be disposed of in any manner by the City.

(5)The Council shall be indemnified against any claim for loss or damage of any advertising sign in the removal/impoundment thereof.

30. Documentation

(1)The owner of a property upon which a sign or an advertising sign is erected, attached or displayed, must retain certified copies of all documentation relating to the application for approval of such sign in terms of this By-law and the approval of the City in terms of this By-law, for as long as that sign is erected or displayed, and must on request by an authorised official, present such documentation.

(2)The owner of an advertising sign or advertisement who is not also the owner of the property or building on which such sign is displayed, must provide the owner of that property or building with a certified copy of all documentation contemplated in subsection (1), relating to such advertising sign.

31. Public participation process

(1)After lodging an application in terms of section 3(3) above, the applicant must forthwith display a notice in a A1 size format in English on the application site in a conspicuous place clearly visible from any public street provided that no such notice may be displayed during the period from 12 December to 3 January of the following year, both dates included.

(2)The applicant must maintain such notice envisaged in subsection (1) above for a period of at least 21 days.

(3)In addition to the on-site notice prescribed in subsection (1) above, the applicant shall also forthwith notify all the adjoining property owners in writing by registered post or by any other means available to the applicant.

(4)A notice contemplated in subsections (1) and (3) above must contain the following information:

(a)full details of the application concerned and that it will lie open for inspection at an address specified in the notice for a period of 21 days from the date of first display of the on-site notice in terms of subsection (1); and

(b)the name, postal address, telephone number, fax number and e-mail address of the person submitting the application; and

(c)that any person may within a period of 28 days from date of first display of the notice envisaged in subsection (1) above submit comments or representations, or lodge an objection, in writing in respect of the application concerned.

(5)The applicant must furnish proof to the City in the form of an affidavit that he or she has complied with the provisions of subsections (1) to (4) above.

(6)Any person proposing to submit comments or representations or lodge an objection as contemplated in subsection (4)(c) above, must address such comments, representations or objections to both the City and the applicant concerned at their respective addresses specified in the notices so contemplated.

(7)Any comment, representation or objection submitted outside of the 28 day period envisaged in subsection (4)(c) above, shall not be entertained by the City.

(8)An applicant may choose to reply to the City to any comment, representation or objection received in terms of subsection (6) above within 14 days from date of receipt of such comment, representation or objection.

(9)The Council may in its discretion exempt an applicant from complying with the requirements of subsections (1) to (4) above on good cause shown.

32. Consideration of applications

(1)If any written comments, representations or objections have been received in respect of an application from any interested party contemplated in section 31(6) above, the City must consider all such comments, representations and objections before taking a decision on the application.

(2)The City shall consider the application on written submissions only and no formal oral hearing will be conducted.

(3)A decision on a complete application shall be taken within 3 months of date of submission of the application, failing which, it shall constitute grounds for unreasonable delay and an appeal may be submitted in that regard in terms of section 36 below, if the applicant so wishes.

33. Termination of approvals granted under previous By-laws or other applicable legislation

(1)If an approval for an advertising sign was granted in terms of the By-law repealed by section 39 or in terms of any previous By-laws or other legislation that might have been applicable to Outdoor Advertising without specifying a period for the duration of that approval, the City may determine a date on which such approval will lapse.

(2)Subject to compliance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), the City may determine a date contemplated in subsection (1) and notify the owner of the advertising sign concerned of its decision and that he or she may apply for the approval of such sign in terms of section 3(3) of this By-law.

(3)If the owner of an advertising sign fails to submit an application in terms of section 3(3) of this By-law within 60 days of the date of being notified of the date as determined under subsection (1), the advertising sign concerned shall be considered to be erected and/or displayed without any approval and shall be deemed illegal and contrary to the provisions of this By-law.

34. Serving of notices

Any notice that is required to, or may, be served, delivered or given in terms of, or for the purposes of, this By-law, must be served in any of the following ways:

(a)By handing a copy of the notice to the person concerned;

(b)By leaving a copy of the notice at the person’s place of residence, business or employment with any other person who is apparently at least 16 years old and in charge of the premises at the time;

(c)By faxing or e-mailing a copy of the notice to the person where such fax number or e-mail address is available ;

(d)By handing a copy of the notice to any representative authorised in writing to accept service on behalf of the person;

(e)If the person has chosen an address for service, by handing a copy of the notice to a person who is apparently at least 16 years old at that address;

(f)By sending a copy of the notice by registered or certified post to the last-known address of the person concerned, and, unless the contrary is proved, it is deemed that service was effected on the seventh day following the day on which the document was posted;

(g)If the person is a company or other body corporate, by serving a copy of the notice on an employee of the company of body corporate at its registered office or its principal place of business within the Republic, or its main place of business in the area of jurisdiction of the City, or if there is no employee willing to accept the service by affixing a copy of the notice to the main door of the office or place of business; or

(h)If the person is a partnership, firm or voluntary association, by serving a copy of the notice on a person who at the time of service is apparently in charge of the premises and apparently at least 16 years of age, at the place of business of such partnership, firm or association or if such partnership, firm or association has no place of business, by serving a copy of the notice on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of such association, as the case may be.

35. Inspections

(1)In addition to any power of inspection which an authorised official may have in terms of this By-law, he or she may for any purpose relating to the implementation and enforcement of this By-law, carry out an inspection of any advertising sign on any property.

(2)An authorised official must, before the commencement of, or during an inspection in terms of subsection (1), at the request of the owner of an advertising sign or the owner of a property on which the advertising sign concerned has been erected or is displayed, produce written confirmation of his or her appointment as an authorised official empowered to carry our inspections for the purposes of this By-law.

(3)An authorised official carrying out an inspection in terms of this By-law, must conduct himself or herself with strict regard to decency and orderliness and with due regard to any person’s rights contained in the Bill of Rights set out in Chapter 2 of the Constitution.

36. Appeals

(1)Any interested party whose rights are affected by a decision by an authorised official in terms of or for the purposes of this By-law, may appeal against that decision to the City Manager or his nominee(s), by lodging a written notice of appeal, specifically specifying the grounds of appeal, within 21 days of the date on which he or she was notified of that decision as per section 4(3) above.

(2)The City Manager shall give notice to all other interested parties, if any, that an appeal has been lodged and whether they want to make any further written submissions in respect of the appeal within 14 days of date of such notification.

(3)The appellant may reply to any written submissions received as per section (2) above within 14 days from date of receipt of such written submissions.

(4)The City Manager shall consider the appeal on written submissions only and must consider such appeal and take a decision thereon within a reasonable time which shall not exceed 90 days from date of submission of the appeal or from date of expiry of the 14 day period as per subsection (2) above.

(5)The City Manager may uphold the appeal, with or without amendments, or dismiss the appeal.

(6)The City Manager must forthwith after a decision has been taken in terms of subsection (3), in writing, notify the appellant thereof and any other interested parties, if any, and shall provide written reasons within such notice for the decision taken as contemplated in Section 5 of the Promotion of Administrative Justice Act, 2000.

37. Offences and penalties

(1)Any person who-

(a)contravenes or fails to comply with any provision of this By-law;

(b)refuses or fails to comply with any notice served on him or her in terms of or for the purposes of this By-law;

(c)refuses or fails to comply with the terms or conditions of any approval issued in terms of this By-law;

(d)obstructs, hinders or interferes with an authorised official or other official of the Council acting under power delegated to him or her, in the exercise of any power or the performance of any duty under this By-law;

(e)fails or refuses to furnish to an authorised official or other official of the Council acting under power delegated to him or her, with any documentation or information required for the purposes of this By-law or furnishes a false or misleading document or false or misleading information;

(f)fails or refuses to comply with any instruction given in terms of or for the purposes of this By-law; or

(g)pretends to be an authorised official or other official of the City acting under power delegated to him or her, shall be guilty of an offence and –

(i)upon conviction be liable to a fine or imprisonment not exceeding 10 years or to both a fine and such imprisonment and the fine shall be calculated according to the ratio determined for such imprisonment in terms of the Adjustment of Fines Act; and

(ii)a person convicted of an offence under this By-law who, after conviction, continues with the action in respect of which he or she was so convicted, is guilty of a continuing offence and liable to a fine, or upon conviction, to imprisonment for a period not exceeding three months or to both such fine and imprisonment, in respect of each day on which he or she so continues or has continued with that act or omission.

(2)Nothing in subsection (1) above shall be construed to prevent the City from imposing, in addition to the civil and criminal options available, a rates penalty as per the City’s approved Rates Policy against an owner of a property who is in contravention of any provision of this By-law.

38. Repeal of By-Laws

(1)Subject to the provisions of subsection (2), the City of Johannesburg’s Outdoor Advertising By-laws published under Local Authority Notice 2007 in Extraordinary Provincial Gazette No. 277 18 December 2009, are hereby repealed.

(2)Anything done under or in terms of any provision of the By-laws repealed by subsection (1) is deemed to have been done under the corresponding provisions of these By-laws and such repeal does not, subject to the provisions of section 5 and section 33 above, affect the validity of anything done under the By-law so repealed.

(3)Any application in terms of the By-law repealed by subsection (1), pending before the Council at the date of commencement of this By-law must be dealt with in terms of this By-law.

39. Tariffs

The City may determine tariff of charges dealing with any aspect, conduct or action in terms of this By-law and such tariff of charges shall be published in the Provincial Gazette for information after approval thereof by the City.

40. Title

This By-law is referred to as the City of Johannesburg Outdoor Advertising By-law and will come into operation on date of promulgation of the By-law in the Provincial Gazette or on such date as stipulated in the promulgation.

Schedule 1

Documentation, information, maps, diagrams and plans to be submitted as part of an application envisaged in section 3 of this By-Law:

(a)the prescribed fee;

(b)the written consent of the owner of the proposed advertising sign and of the registered owner of the property or building upon which the advertising sign is to be erected or on behalf of the owner of the property or building by his or her agent duly authorised in writing by such owner;

(c)a locality plan, in colour, indicating the proposed position of the advertising sign within the area of jurisdiction of the Council ;

(d)a block plan of the property upon which an advertising sign is to be erected, drawn to scale acceptable to Council, showing every building, building line and servitude on the site and the position with dimensions of the advertising sign in relation to the two boundaries of the property closest to the proposed advertising sign and the location of any public street and any building on a property adjacent to the property upon which such sign is to be erected;

(e)an artistic impression, in colour, showing all the detail, location and measurements of the proposed advertising sign;

(f)a drawing, in colour showing the proposed advertising sign and the distances in relation to any other 3rd party or free-standing advertising signs situated within a radius of 200m from the proposed advertising sign on the same side of the road;

(g)a diagram showing that the proposed position of the advertising sign is in conformity with Schedule 2, if applicable;

(h)a copy of the title deed of the property upon which the proposed advertising sign is to be erected, if applicable;

(i)a zoning certificate of the property concerned issued under an applicable town planning scheme and a zoning map indicating the land uses in terms of such scheme of every property adjacent to the property upon which the advertising sign is to be erected;

(j)a diagram of the property indicating the position of the proposed advertising sign with measurements from that position to the closest two boundaries of the property concerned;

(k)proof of compliance with any other law, including but not limited to, the National Road Traffic Act, the National Building Regulations and Building Standards Act, and the National Environmental Management Act, to the extent that such law is applicable in respect of the application concerned;

(l)proof of submission of an application for a building line relaxation in terms of any law, if applicable;

(m)if a proposed advertising sign is to be attached to, or displayed on, the façade of a building, building plans of that building showing an elevation and measurements of the building, and the details, measurements and position of the proposed advertising sign and the details and the position of every existing advertising sign on the building drawn to a scale acceptable to the Council;

(n)if a proposed advertising sign is to be displayed on a boundary fence or hoarding enclosing the whole of a construction site as contemplated in regulation F1 to the National Building Regulations and Building Standards Act, the approved building plans of the proposed building showing the details, measurements and position of the proposed advertising sign drawn to a scale acceptable to Council, or proof that a section 7(6) has been granted; a certificate by a registered person as envisaged by the provisions of the National Building Regulations and Building Standards Act, 103 of 1977, confirming the structural safety of the proposed advertising sign and its foundations, if applicable; and

(o)any comments/objections/representations submitted by and conditions determined or prescribed by any statutory authority, for example, SANRAL or GAUTRANS, in terms of any legislation applicable to outdoor advertising, if applicable; and

(p)any other written information which the City may in writing require which in the opinion of the City would assist in taking a proper decision.

Schedule 2

Classification of areas of control

(a)The classification of the areas of control for the purpose of outdoor advertising is based on the current and (near) future zoning of the property/erf concerned.

(b)The classification of the areas of control shall be determined by Council within the Jurisdiction of the City of Johannesburg, and if needs be, in consultation with the relevant roads authority, such as for the property along the provincial or national roads.

(c)The classification of the areas of control is dynamic because it is a function of the land use and may need to be updated and changed according to the changes in the land use for a specific property/site.

(d)It should be noted that the classification for a single erf / site can be over -ridden by the surrounding area of control. This implies that although a specific site can be zoned in such a way as to be classified as a specific area of control, and the surrounding area is predominantly classified as a "higher / more stricter" area of control, Council shall decide that such a site /property be classified according to the predominantly "higher" area of control.

(e)The determination of areas of control shall also take cognizance of areas that have been designated by any relevant national or provincial legislation or policy as "no go" or sensitive areas with respect to any development.

1. Natural landscape - area of maximum control

(a)The "natural" landscape shall refer to the following parts of the rural or non-urban environment:

(i)Area in non-urban environment in an unspoilt natural state

(ii)Areas of high scenic value

(iii)Undeveloped Natural Landscapes and open spaces

(iv)Natural areas and open spaces

(b)Natural landscapes shall include but shall not be limited to the following:

(i)Game reserves

(ii)Nature reserves

(iii)Marine reserves

(iv)Wilderness areas

(v)Extensive agriculture

(vi)Agricultural Holdings

(vii)Scenic corridors

(viii)Scenic landscapes

(ix)National parks

2. Rural landscape - area of maximum control

(a)Rural areas form a transition between the developed urban areas and the relatively unspoilt natural areas. Typical land use shall include the following:

(i)Intensive agriculture area

(ii)Subsistence agriculture

(iii)Peri-urban smallholdings

(iv)Undeveloped/Vacant agricultural land where the surroundings is still vacant and undeveloped

3. Urban areas of maximum control

(a)Urban areas will be proclaimed township areas. If a site is not part of the proclaimed township scheme, it should be classified as rural or natural area. Urban areas can be classified as maximum control, partial control or minimum control.

(b)The following precincts are deemed sensitive to visual disturbance and shall be defined as urban areas of maximum control:

(i)Natural open spaces in urban areas

(ii)Urban conservation areas

(iii)Vacant/Undeveloped Urban Space Areas

(iv)Interface of natural landscape with built -up areas

(v)Gateways as determined by relevant authorities

(vi)Residential areas/properties

(vii)Bodies of water / Rivers

(viii)Ridges

(ix)Forests

(x)Open recreational areas

(xi)Architectural and Historical sites

(xii)Characteristic vistas

(xiii)Heritage and Protected Areas/Sites

(xiv)Skylines

4. Urban areas of partial control

(a)Urban areas of partial control are, in most cases, characterized by a greater degree of integration and complexity of land use, facilities and activities that allows for limited freedom with regard to size, number and position of advertisements.

(b)Where urban areas of maximum control and urban areas of minimum control, according to the land use, are adjacent to each other, an urban area of partial control will apply to protect the area of maximum control to be proliferated by advertisements. This will be a 50 m band between an area of minimum control and an area of maximum control.

(c)The band mentioned in (b) above will be measured from the edge of the area of maximum control into the area of minimum control.

(d)Besides this area of 50 m, the following areas will also be defined as urban areas of partial control:

(i)Commercial enclaves in residential areas

(ii)Shopping centres

(iii)Suburban shopping centres & office parks

(iv)Ribbon development

(v)Educational institutions

(vi)Institutional premises

(vii)Sports fields, private open spaces or stadiums

(viii)Commercialized squares

(ix)Residential 1 properties with primary rights for offices in a commercial neighbourhood /precinct

(x)Government enclaves

(xi)Smallholdings of an urban nature

5. Urban areas of minimum control

(a)Urban areas of minimum control can be seen as centres, areas and nodes of concentrated economic activity where the dominant concern and motivation is to conduct business and to sell products and services. This calls for the display of advertisements and signs in stronger and more obvious forms.

(b)The following precincts are included in urban areas of minimum control:

(i)Concentrated economic activity

(ii)Commercial districts

(iii)Industrial areas & Industrial parks

(iv)Office precincts along urban highways

(v)Institutions along urban highways only in an exclusive commercial neighbourhood or precinct

(vi)Commercial enclaves & shopping centres in industrial areas & industrial parks

(vii)Entertainment districts

(viii)Prominent transport nodes (subject to other applicable Council or any other policies)