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CHAPTER 7
ACCUMULATING WASTE, LITTERING, DUMPING AND ABANDONED ARTICLES
Accumulating waste
33. Every owner and occupier of premises must keep those premises clean and free from any waste which is likely to cause a nuisance, harm to human health or damage to the environment.
Duty to provide facilities for litter
34.(1) The Council, or owner in the case of privately owned land, must take reasonable steps to ensure that a sufficient number of approved receptacles are provided for the discarding of litter by the public, on any premises to which the public has access.
(2) The Council, or owner of privately owned land, must ensure that every receptacle provided in terms of subsection (1), is —
(a) maintained in good condition;
(b) suitably weighted or anchored so that it cannot be inadvertently overturned;
(c) constructed in such a manner as to ensure that it is weatherproof and animal proof;
(d) of a suitable size so that the receptacles on the premises are capable of containing all litter likely to be generated on the premises;
(e) placed in a location convenient for the use by users and occupants of the premises to discourage littering or the accumulation of waste; and
(f) emptied and cleansed periodically to ensure that no receptacle or its contents become a nuisance.
Prohibition of littering
35.(1) No person may -
(a) cause litter;
(b) sweep any waste into a gutter, onto a road reserve or onto any other public place;
(c) disturb anything in, or remove anything from any receptacle which has been placed for the purposes of collecting litter in such a manner as to cause any of the contents of the receptacle to spill from it; or
(d) allow any person under his or her control to do any of the acts referred to in paragraph (a), (b) or (c).
(2) Notwithstanding the provisions of subsection (1), the Council, or the owner in the case of privately owned land to which the public has access, must within a reasonable time after any litter has been discarded, dumped or left behind, remove such litter or cause it to be removed from the premises concerned to prevent the litter from becoming a nuisance.
Prohibition of dumping and abandoning articles
36. (1) No person may deposit or permit the depositing of any waste, whether for gain or otherwise, upon any land or in any building of which he is the owner or occupier except if such deposit is made in accordance with the provisions of these By-laws.
(2) Subject to any provision to the contrary contained in these By-laws, no person may leave any article or allow any article under his or her control to be left at a place with the intention of abandoning it.
(3) No person may dump waste.
(4) Any article, other than a motor vehicle deemed to have been abandoned as contemplated in regulation 320 of the National Road Traffic Regulations, 2000, made under the National Road Traffic Act, 1996, which, in the light of such factors as the place where it is found, the period it has been at such place and the nature and condition of such article, is reasonably considered by the Council as having been abandoned, may be removed and, subject to the provisions subsection (6), disposed of by the Council as it deems fit.
(5) The Council may remove and, subject to the provisions of subsection (6), dispose of any article which is chained or fastened to any pole, parking meter or any other property of the Council as it deems fit.
(6) If an article contemplated in subsection (4) or (5), is, in the opinion of the Council, of significant financial value, the Council may not dispose of it unless it has published a notice in a newspaper circulated in the area where the article was found, describing the article, stating the Council’s intention to dispose of it and inviting the owner, or person legally entitled thereto, to claim the article within 30 days of the date of publication of the notice and such article may only be disposed of if no valid claim is made during such period.
CHAPTER 8
AUTHORISED OFFICIALS AND DESIGNATED OFFICERS
Identification documents
37.(1) An authorised official must, upon appointment, be issued with an identification document by the Council which must state the name and powers and function of that official, and include a photograph of the official.
(2) An authorised official, exercising his powers or performing his functions and duties for the purposes of these By-laws, must present an identification document issued in terms of subsection (1) on demand by a member of the local community.
Powers of authorised officials and designated officers
38. (1) In addition to the powers, functions and duties an authorised official or designated officer has by virtue of his appointment as such, an authorised official or designated officer, may with the consent of the owner or person in charge of a vehicle or other mode of conveyance, search that vehicle or other mode of conveyance found in any place other than on premises not belonging to the Council.
(2) If consent is not obtained in terms of subsection (1), a vehicle or other mode of conveyance may be searched or stopped and searched, only pursuant to a warrant issued by a justice of the peace as contemplated in sections 3 and 4 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), and subject to section 25 of the Gauteng Rationalisation Act, read with the necessary changes.
(3)(a) If, in the opinion of an authorised official or designated officer, any search of a vehicle or other mode of conveyance, in terms of subsection (1) or (2), gives rise to the reasonable apprehension that the presence of waste in or on such vehicle or other mode of conveyance is a serious and immediate danger to human health or to the environment, the authorised official or designated officer must instruct the owner or person in control of the vehicle concerned in writing to take the steps specified in that instruction which, in the opinion of such official or officer, are necessary to mitigate harm to human health or damage to the environment.
(b) In the event of a refusal or failure to comply with an instruction given in terms of paragraph (a), the authorised official or designated officer concerned may report the matter to the Johannesburg Metropolitan Police Department with a view to seizure of the vehicle concerned in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Powers to question
39.(1) For the purposes of administering, implementing and enforcing the provisions of these By-laws, an authorised official or designated officer, may, require a licensee or any other person to disclose information, either orally or in writing, and either alone or in the presence of a witnesses, on any matter to which these By-laws relate and require that the disclosure be made on oath or affirmation.
(2) An authorised official or designated officer may for the purposes of subsection (1) be accompanied by an interpreter and any other person reasonably required to assist that official or officer.
Observance of human rights
40. The provisions of section 27 of the Gauteng Rationalisation Act, read with the necessary changes, apply to the exercise by an authorised official of any of the powers contemplated in sections 38 and 39.
Supervision of licensees
41.(1) A designated officer must, subject to the provisions of Chapter 5 of the Gauteng Rationalisation Act, inspect every workplace of a licensee not less than twice a year.
(2) A licencee must allow a designated officer access for the purposes of an inspection in terms of subsection (1).
(3) If a designated officer is, after an inspection in terms of subsection (1), of the opinion, that a licensee is complying with these By-laws, he must, subject to the provisions of subsection (4), issue the licensee with a certificate confirming such compliance, in which must be stated —
(a) the name and residential and postal address of the licensee;
(b) the address of the premises inspected;
(c) the time, date and scope of the inspection; and
(d) any remarks which, in the opinion of the designated officer, may be relevant.
(4) If a licensee fails to obtain a certificate confirming compliance at three consecutive inspections done at intervals of not less than 120 days, a designated officer may recommend that the Council review the licence concerned, and should there be reasonable grounds, the Council may suspend or revoke the licence concerned in terms of section 26.
(5) A designated officer must keep a register recording each inspection which he or she has undertaken, in terms of subsection (1).
Compliance notices
42.(1) If, in the opinion of an authorised official, a person is contravening any provision of these By-laws, that official may in writing issue a compliance notice and serve it on the person concerned.
(2) The provisions of section 32 of the Gauteng Rationalisation Act, read with the necessary changes, apply to a compliance notice contemplated in subsection (1).
Representations
43. (1) Any person on whom compliance notice as contemplated in section 42 or section 32 of the Gauteng Rationalisation Act, was served, may make representations to the Council, by submitting a sworn statement or affirmation to the Council, within 21 days of the service of the compliance notice.
(2) Representations not lodged within 21 days must not be considered, except if the person concerned has shown good cause and the Council condones the late lodging of the representations.
(3) (a) The Council must consider the representations and any response thereto by an authorised official, designated officer or any other person, if any, and may conduct any further investigation to verify the relevant facts.
(b) If the Council conducts a further investigation, the results of such investigation must be made available to the person who made the representations, who must be given an opportunity to respond thereto and the Council must consider such response.
(4) (a) After the Council, is satisfied that the requirements of subsection (3) have been satisfied, it must make an order in writing and serve a copy of thereof on the person concerned setting out its findings.
(b) Such an order may —
(i) confirm, alter or set aside in whole or in part, the compliance notice concerned; and
(ii) must, if relevant, specify the period within which the person concerned must comply with the order.
(5) If a person makes representations in terms of subsection (1), any requirement to comply with the compliance notice concerned, is suspended until an order is made in terms of subsection (4)(b) unless, in the opinion of the Council, an environmental emergency has been caused in which event and without derogation from any right that the person concerned may have or acquire to any relief of whatever nature, the person concerned must immediately comply with such notice on being instructed, orally or in writing, by the Council to do so.
(6) If a person, fails to comply with such an order in terms of subsection (5), the Council may itself cause the environmental emergency to be stopped, reversed or abated and recover any reasonable and necessary expenditure which it has incurred or may incur in taking those steps, from that person.
CHAPTER 9
MISCELLANEOUS
Ownership
44.(1) The person holding a permit to operate a waste disposal facility becomes the owner of all waste upon disposal thereof at that facility.
(2) A person who generates domestic waste is the owner thereof until it is collected by the Council which then becomes the owner thereof.
(3) A person who abandons any article, is liable for any damage which that article may cause as well as for the cost of removing that article, notwithstanding the fact that such person may no longer be the owner thereof.
Serving of documents
45. A notice, instruction, order or other document which has to be served for the purposes of these By-laws, is regarded to have been properly served or delivered if -
(a) it has been served on or delivered to the person concerned personally;
(b) it has been sent by registered post or speed post to the person concerned at his or her last known address;
(c) it has been served on a person apparently not less than 16 years of age and apparently in charge of the premises at the addressee’s last known address.
Offences and penalties
46. Any person, who —
(a) contravenes or fails to comply with any provisions of these By-laws;
(b) fails to comply with any notice or order issued or condition imposed in terms of or for the purposes of these By-laws; or
(c) fails to comply with any lawful instruction given in terms or for the purposes of these By-laws, or
(d) who obstructs or hinders any authorised representative or employee of the Council in the execution of his or her duties under these By-laws,
is guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding 6 months and in the case of a continuing offence, to a further fine not exceeding R50 or in default of payment, to imprisonment not exceeding one day for every day during the continuance of such offence after a written notice has been issued by the Council and served on the person concerned requiring the discontinuance of such offence. |
