Author: Chantel Edwards

DRAFT WATER SERVICES BY-LAW TO RESTRICT THE USE OF WATER

The purpose of the Water Restrictions by-law is to regulate and restrict the use of potable water in the George Municipal Area.  South Africa’s status as a water-scarce country is reflected in the formulation of our legislative framework pertaining to water. This legislation has placed emphasis on water scarcity and the effective management of national resources coupled with the need to rectify historical inequalities and promote justice and equity in the availability and use of water resources.

The three principal sources of national water legislation are the Constitution of the Republic of South Africa Act 108 of 1996, the National Water Act 36 of 1998 and the Water Services Act 108 of 1997. The executive power to deliver water services falls, in terms of the Constitution, on local government. The statutory legislative framework for effective management of local government consists of the Local Government: Municipal Structures Act 117 of 1998, the Local Government: Municipal Systems Act 32 of 2000 and the Local Government: Municipal Finance Management Act 56 of 2003.

The Water Restriction by-law provides a mechanism for the George Municipality to secure, control, manage and protect our highly valued water resources.  Minor amendments were made and the By-law deals with the restriction of the supply of water services under certain circumstances, measures for the promotion of water conservation and the procedure to institute such restrictions. One of the Water Restriction “triggers” is linked to dam levels and other raw water resources in terms of the Drought Management Policy that is currently under review (as part of the Bulk Raw Water Resources Study update/review). This policy allows the introduction of water restrictions for any number of valid reasons. The Tariff Policy will also be amended in 2023/24 to remove any reference to a specific cause as related to the Emergency Tariffs.

DRAFT WATER AND SANITATION BY-LAW
The purpose of the Water and Sanitation bylaws are to regulate the provision of water and sanitation services in the area of jurisdiction of the George Municipality and to provide for matters connected therewith.  South Africa’s status as a water-scarce country is reflected in the formulation of our legislative framework pertaining to water. This legislation has placed emphasis on water scarcity and the effective management of national resources coupled with the need to rectify historic inequalities and promote justice and equity in the availability and use of water resources. The executive power to deliver water and sanitation services falls, in terms of the Constitution, on local government.

The Water and Sanitation by-law provides a mechanism for the George Municipality to secure, control and manage water and sanitation services within the sphere of local government as highlighted above.  Some of the improvements entail the following:

The amended by-law makes provision for improved water quality control and will ensure that potable water distributed for consumption will comply with the standards as prescribed in SANS 0241. The amended by-law also allows for the testing of defective water meters. If a consumer has reason to believe that a water meter is defective, he or she may apply in writing to the Municipality to have the meter tested free of charge. Many more improvements on the existing water and sanitation bylaw were made by officials and representatives of the George Municipality.

NEW DRAFT PUBLIC TRANSPORT BY-LAW
The Public Transport By-Law is an important new addition to Council’s By-Laws which sets out to better regulate and manage matters related to all modes of public transport, including minibus taxis and buses. The by-Law deals with matters such as the use of public transport infrastructure, controlled facilities, administrative matters, as well as conditions related to the behaviour of both passengers and public transport operators and drivers. This by-Law also greatly strengthens the enforcement framework within which traffic and law enforcement officers can effectively ensure the safety and security of public transport passengers and road users alike.

The principles and objectives of this By-law are to:-

1. Provide a regulatory framework for the public transport service provided within the municipal area, subject to and in addition to the Act and other legislation, and to provide for ancillary aspects such as a framework for safety and security in relation to public transport.
2. Ensure that the provision of public transport services within the municipal area are provided for and executed in a safe and secure environment that is regulated and managed appropriately.
3. Control and regulate the use of public transport facilities for public transport services and their operations.
4. Promote the effective and efficient operation of public transport that serves the travelling public within the municipal area.
5. Provide for the promotion of non-motorised transport in support of public transport infrastructure and operations, and
6. Provide for the promotion of universal access, to the maximum extent possible, in the provision of public transport infrastructure, support infrastructure and services provided.

The aim of this By-Law is to ensure that all road users and public transport passengers, irrespective of the modal choice, experience a safer journey and that Municipal public transport infrastructure is well-managed and efficiently utilised.

PUBLIC PARTICIPATION
Full particulars of the proposed amendments to the above By-laws and the proposed adoption thereof are available for inspection at the following places:

1. Old Town Hall Building: York street, Civil Engineering Services
2. Libraries: George Library; Blanco Library; Conville Library; Pacaltsdorp Library; Thembalethu Library; Uniondale / Haarlem Library;
3. Municipality’s Website: https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/civil-engineering-services/

Written comments to the intention of the Municipality as outlined above, if any, must be lodged:

1. via mail to reach the Director: Civil Engineering Services, P.O. Box 19, George, 6530 before 12 June 2023 ; or
2. via e-mail with subject line “Comment to CES By-laws ” to gvanniekerk@george.gov.za and copied to post@george.gov.za

Any person who is unable to write, can submit their input, verbally to the Council’s offices where they will be assisted by a staff member to put their comments in writing. Enquiries can be directed to Mr Jannie Koegelenberg (044 801 9278 ).

The George Integrated Zoning Scheme By-law was first promulgated in terms of section 13 of the Local Government Municipal Systems Act, 2000 (Act 32 of 2000) on 1 September 2017 by virtue of P.N 017/2017. The amendment is in terms of Section 27 of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013). The draft amended George Integrated Zoning Scheme By-Law was tabled before Council on 26 April for adoption in principle to proceed with public participation.

The intent of this By-law is to:
• Make provision for appropriate rural and urban zoning categories;
• Consider environmental management instruments adopted by relevant environmental management authorities – coastal management setbacks, wetlands, etc;
• Include provisions to permit the incremental management and upgrading of rural areas;
• Include provisions to promote the inclusion of affordable housing in residential land development;
• Provide incentives to promote the effective implementation of the municipality’s spatial development frameworks and other development policies;
• Include provisions that promote the effective implementation of national and provincial government policies;
• Give effect to the Municipal Spatial Development Framework and the Integrated Spatial Development Plan.

The following are the most important changes to the current by-law:
• The present list of consent uses was revisited to see which can become primary uses;
• Establishing special zones (overlay zones) to address development priorities in the municipal areas;
• Providing for minor deviations from the conditions (land use development parameters) of the zoning scheme, excluding deviations which have a material effect on the use;
• To accommodate the business tourist, we make accommodation in the zoning scheme for guest accommodation in town – like guest houses, bed and breakfasts, and hotels.
• The eco-tourist may stay longer, want other types of accommodation – resorts, farm cottages, guesthouses on The beach, self-catering rooms.
• Accommodating the eco-tourist must not however come at the expense of other objectives such as the protection of the natural environment (rivers, wetlands, dunes, forests, etc) or agricultural activities on farms.

Public Participation Details
The George Integrated Zoning Scheme (Draft Amendments March 2023) will be published on 4 May 2023 in the George Herald, on the Municipal Website and Municipal social media sites. The George Integrated Zoning Scheme (Draft Amendments March 2023) will be available on our website for review.

Follow this link for the documentation on our website https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/planning-and-development/

Hard copies will be provided at all public libraries in George for review. Feedback is required by no later than 5 June 2023.

Comments and inputs can be emailed to, kmeyer@george.gov.za phoned in to 044 801 9435 or submitted in person at the George Municipality, 5th Floor, 71 York Street, George, 6530.

Enquiries to Clinton Petersen (cpetersen@george.gov.za); Ilane Huyser (ihuyser@george.gov.za) or Jeanne Muller (jmuller@george.gov.za).

Promulgated in Western Cape Provincial Gazette
A municipal by-law may be enforced only after it has been published in the official gazette of the Western Cape Province on request of the local municipality. The promulgated by-law is then uploaded to the municipal website for easy access by the public. Transgression of a by -law is treated the same as a normal law, if you break a by-law, you can be fined or prosecuted. Most transgressions are handled in the George Municipal Court.

DRAFT INFORMAL TRADING BY-LAW
The draft informal trading by-law was provisionally approved by Council on 23 February 2023 and a public participation process was also approved.

The intent of this by-law is to:

• provide for the right to engage in informal trading;
• to establish informal trading areas and informal trading sites on municipal property;
• to provide for the granting of trading permits to trade on municipal property;
• to restrict and prohibit informal trading in certain areas;
• to regulate the conduct of informal traders;
• to regulate informal trading at special events;
• to provide for measures to ensure health and safety;
• to create offences and penalties;
• to provide for the repeal of laws; and
• to provide for matters incidental thereto.

The following are the most important changes to the current by-law:

• Adoption of Trading Zones in areas where there is significant overlap between formal and informal trading;
• changes to types of trading- roving traders who can move around from place to place in the municipal area;
• food trucks/mobile trading- which is regarded as trading from caravans, trailers, light delivery vehicles or a trolley or a similar device;
• transfer of payments in certain cases;
• boundaries of trading; and
• demarcation of trading areas.

PUBLIC PARTICIPATION DETAILS
The draft Informal Trading By-Law notice will be published in he George Herald, on the Municipal Website and municipal social media sites. The draft Informal Trading By-Law will be available on our website, follow this link https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/planning-and-development/

Hard copies will be provided at all public libraries in George for review. Deadline for feedback is 5 June 2023. Comments and inputs can be emailed to, khaarhoff@george.gov.za  phoned in to 044 801 9148 or submitted in person at the George Municipality Ground Floor ,71 York Street, George ,6530

Enquiries to Dr Kosie Haarhoff khaarhoff@george.gov.za

George Municipality, acting under the Constitution and relevant legislation, and being aware of its duty to control the use of streets and sidewalks and to manage any work undertaken in such streets and sidewalks so as to provide a safe environment for all people within the municipal area, adopts this by-law to provide mechanisms and guidelines for such control and management.

The Streets, Sidewalks and Public Places By-law was first promulgated in 2010. Minor amendments have been made to the existing document. The by-law addresses a wide variety of actions that may or may not be permitted on a street, a sidewalk or a public place:

• Advertisements in streets
• Animals or objects causing an obstruction
• Trees or growth causing an interference or obstruction
• Refuse, motor vehicle wrecks, waste material, etc.
• Parking of heavy vehicles and caravans
• Parking attendants
• Encroachments
• Vehicle repairs in streets
• Games and other acts in streets
• Use of explosives
• Conveyance of animal carcasses or other waste products through streets
• Fences on street boundaries
• Building materials in streets
• Balconies and verandas
• Drying of washing on fences on boundaries of streets
• Damaging of noticeboards
• Street, door-to-door collections and distribution of handbills
• Poison in streets
• Roller-skating and skating on skateboards
• Persons to be decently clad
• Amusement shows and devices
• Animals in a street
• Restriction of access to streets
• Use of vehicles that may damage street surface
• Obstruction on streets
• Work in streets
• Discharge of water on streets
• Prohibited conduct
• Street numbers
• Closure of or restriction of access to streets
• Construction, maintenance and naming of streets
• Declaration of streets
• Processions

PARTICIPATION DETAILS
The draft Streets, Sidewalks and Public Places By-Law notice will be published in the George Herald, on the Municipal Website and municipal social media sites. The document is available on our website, follow this link https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/civil-engineering-services/ Hard copies will be provided at all public libraries in George for review. Feedback is required within 30 days.

We encourage the residents of George to keep an eye out for the notices and to provide input. Once the input has been received from the public and addressed, the final by-law then goes back to Council for approval. Comments and inputs can be emailed to Lionel Daniels, rldaniels@george.gov.za phoned in to 044 801 9111 or submitted in person at the Civil Engineering Services Building, Corner of Market and York Street, George ,6530

By-laws differ between municipalities.
The Constitution of South Africa gives municipalities the power to pass their own legislation, in the form of by-laws, for subject areas. These by-laws hold the same power and force as other national and provincial legislation but are laws managed by the individual municipality in order to regulate the affairs and the services it provides within its area of jurisdiction.  The details of by-laws can differ from one municipality to another, and the public is always advised to check their local municipal by-laws which can be found on the relevant municipal website.

Promulgated in Western Cape Provincial Gazette
A municipal by-law may be enforced only after it has been published in the official gazette of the Western Cape Province on request of the local municipality. The promulgated by-law is then uploaded to the municipal website for easy access by the public. Transgression of a by -law is treated the same as a normal law, if you break a by-law, you can be fined or prosecuted. Most transgressions are handled in the George Municipal Court.

The new Stormwater By-law focuses on stormwater drainage from domestic as well as trade (business and industrial) premises. This includes open areas discharging to the George Municipality stormwater system and natural streams or rivers.

Stormwater management was previously dealt with under the George Municipality Water and Sanitation Services By-law and the By-law Relating to Streets, Sidewalks and Public Places.

The need for a separate By-law which deals exclusively with stormwater management was therefore identified. The purpose of the by-law is to regulate stormwater management and activities that may have an adverse impact on the development, operation and maintenance of the stormwater system.

PUBLIC PARTICIPATION DETAILS
The draft Stormwater By-Law notice will be published in the George Herald, on the Municipal Website and municipal social media sites. The document will be available on our website, follow this link https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/civil-engineering-services/ copies will be provided at all public libraries in George for review.

Feedback is required within 30 days. We encourage the residents of George to keep an eye out for the notices and to provide input. Once the input has been received from the public and addressed, the final by-law then goes back to Council for approval.

Comments and inputs can be emailed to Lionel Daniels, rldaniels@george.gov.za phoned in to 044 801 9111 or submitted in person at the Civil Engineering Services Building, Corner of York and Market Street, George ,6530

The Community Services Directorate, division Community Safety has amended three of its by-law’s recently and which were approved in draft format in Council on 20 April 2023, and are now published for public participation purposes. These by-laws hold the same power and force as other national and provincial legislation but are laws managed by the individual municipality in order to regulate the affairs and the services it provides within its area of jurisdiction.

DRAFT BY-LAW RELATING TO IMPOUNDMENT OF ANIMALS

The intent of this by-law is to provide for, interalia:

• The control over the number of dogs , cats and other animals that may be kept, the breeding with these animals, and the control over these animals by their owners.
• Impoundment of stray animals as mentioned in this chapter, the prevention of nuisances and the provision for incidental matters.

The following are the most important changes to the current by-law:

• An authorised officer and powers of the authorised officer.
• The terms of Nuisance in relation to comfort, convenience , peace and quiet of other people or which adversely effects the safety of people.
• The Definition of the establishment of the Municipality was corrected with reference to Section 12 of the Local Government: Municipal Structures Act,1998 ( Act 117 of 1998).
• The definition of a Municipal Manager in Terms of Section 54 A of the Municipal Systems Act 32 of 2000 and an acting Municipal Manager was included in the definitions.

DRAFT BY-LAW RELATING TO THE REGULATING OF THE KEEPING OF DOGS AND CATS AND OTHER ANIMALS

The intent of this by-law is to provide for, interalia:

• The control over the number of dogs , cats and other animals that may be kept, breeding with such animals, and the control of these animals by their owners.
• Impoundment of stray animals as mentioned in this chapter, and the prevention of nuisances as well as the provision for incidental matters.

The following are the most important changes to the current by-law:

• The clarification of the Director Community services and the relevant scope of appointment, in Terms of Sec 56 of the Municipal Systems Act.
• An authorised officer and powers of the authorised officer.
• Defining the terms of Nuisance in relation to comfort, convenience , peace and quiet of other people or which adversely effects the safety of people.

DRAFT BY-LAW ON LIQUOR TRADING DAYS AND HOURS

The intent of this by-law is to:

• Provide for the days and hours on which the holder of a Liquor license may sell liquor to the public.

The following are the most important changes to the current by-law:

• The definition of Municipality with reference to George Municipality in terms of Section 12 of the Municipal structures act, 117 of 1998.
• The Appeal process for people who feel their rights has been affected, with relevant terms and references, inclusive of how the process must be directed.
• The By-Law Trading days and hours promulgated in the Provincial Gazette 7102 dated 8 March 2013, are repealed.
• The Trading Days and Hours known as the George Municipal By-law on Liquor Trading would come into  operation on the date of the publication thereof in the Provincial Gazette.

PUBLIC PARTICIPATION DETAILS

Notices will be published in the George Herald, on the Municipal Website and municipal social media sites. Please follow this link to access the Community Services By-Law documentation https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/protection-services/  Hard copies will be provided at all public libraries in George for review. Feedback is required within 30 days. Comments and inputs can be emailed to Ms Lee-anne Meiring lameiring@george.gov.za , phoned in to 044 801 6367 or submitted in person at the George Municipality Law Enforcement Offices, 25 B Cathedral Street, George.