Tough new bylaws punish bad behaviour

A NEW by-law passed by the eThekwini Municipality could land you with a very hefty fine or jail time.

The new Nuisances and Behaviour in Public Places by-law was recently gazetted, and will come into effect later this year.

According to eThekwini head of communications, Tozi Mthethwa, the idea for passing the by-law was to provide measures to regulate and control conduct or behaviour which causes, or is likely to cause, discomfort, annoyance or inconvenience.

Metro Police and other officials are being trained to effectively enforce the by-law, which relates to nuisance behaviour in public places, vegetation, hanging of items on fences, wall, balconies and verandas, noise, litter, conduct regarding vehicles such as washing and repairing vehicles in public spaces, obstructing, blocking or disturbing traffic and pedestrians, excavation in public places, weed-killers, herbicides, poisons and pesticides, vandalism of municipal property and nuisance arising from the use of premises.

According to Mthethwa, any person convicted of an offence under this by-law will be liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding two years, or to both the fine and imprisonment. In the case of continued offence, an additional fine of an amount not exceeding R200 or imprisonment for a period not exceeding 10 days for each day on which the offence continues, will be imposed. The amount of the fine will be determined on the offence committed.

“Abusive, threatening or foul language or gestures will not be tolerated in public spaces. Neither will fighting, urinating or defecating in public. The public will not be allowed to bath or wash in public unless it is part of a religious or cultural ceremony and permission has been sought. Any member of the public caught spitting, performing any sexual act, appearing in the nude or exposing genitalia will also face prosecution,” she said.

The consumption of liquor, being drunk in public, gambling and the use of drugs is forbidden. The public may also not lie down or sleep on any bench, street or sidewalk in a manner that prevents other people from using it. Begging for money or goods with gestures and words is also banned.

Mthethwa said shouting, screaming or making any other loud, persistent noise including amplified noise is prohibited, but this does not apply to noise coming from authorised public meetings, gatherings, congregations or events or an emergency or rescue announcement.

Disturbing the peace is not allowed from Sunday to Thursday between 9.30pm to 7am and on Friday and Saturday between 12am and 8am. Loudspeakers or any sound equipment may not be placed near or at the entrance of premises to make public announcements or lure customers into businesses.

Ward 27 councillor, Martin Meyer, said: “The by-law passed with the support of all parties after a vigorous process. It is a very needed law that could potentially go a long way to deal with many of the concerns we as residents face daily in our city. But I say potentially as the problem in Durban has never been so much one of laws as it is one of enforcement. I thus hope that this law will be enforced by the various law enforcement agencies, including the Parks Enforcement Unit and Metro Police.”

City's about turn is hard to believe, says SOB

In response to the announcement of the by-law, Kevin Dunkley from Save Our Berea said the organisation always said that where the city government gets it right they would be the first to praise them, and the announcement of the new nuisance by-law was to be welcomed.

“Our cry has always been to enforce the law. Why is it then that we feel so cynical about this sudden about turn? Has the city suddenly decided to listen to the ratepayers, or is this the first bit of syrup to garner votes for next year’s municipal elections? Are we being unfair in being so cynical? It is just that it is hard to reconcile with the actions of the past. This is the same city council who gave a religious organisation permission for an all-night vigil at the Curries Fountain Stadium. The event entailed amplified speeches and singing throughout the night to the detriment of the residents across the entire Berea. Complaints about the noise were treated with absolute disdain and those who did the complaining were made to feel that they were the ones somehow in the wrong,” said Dunkley.

He said another display of arrogance was the concert held in Bulwer Park, in the heart of a residential area, without consultation with the community.

“It is hard to believe that our City Council suddenly had a change of heart and accepted that these decisions were wrong and that their attitude to the ratepayers was unacceptable. What changed? Maybe, if the introduction of this legislation was accompanied by an apology for not listening to ratepayers in the past, then we could really say well done and move on. But somehow it does not ring true. As US President, Abraham Lincoln once said, 'You can fool all of the people, some of the time, and you can fool some of the people, all of the time, but you can't fool all of the people, all of the time.” We hope our cynicism is unfounded,” he said.

Councillor Meyer said residents needed to be aware that by-law enforcement was primarily the task of Metro Police, not SAPS, and that, if people saw violations of this or any other bylaw they should report it to 031 361 0000.