WITH the newly-gazetted Nuisances and Behaviour in Public Places by-laws, set to come into effect by the end of the year, the city aims to clamp down on any behaviour that might cause discomfort, annoyance or inconvenience to other members of the public. This is according to city spokeswoman, Tozi Mthethwa.
Citizens found to transgress on these new by-laws in the coastal city of Durban could face a R40 000 fine or even a two-year jail sentence. And while local ward councillors, Shaun Ryley and Heinz de Boer, welcomed the new by-laws, they both expressed concern over the enforcement, despite Mthethwa’s report, claiming that Durban Metro Police were receiving training that would enable them to effectively enforce the new regulations.
“We certainly welcome these new nuisance bylaws, the enforcement will be absolutely key. When one passes such sweeping bylaws it raises expectations in the minds of the public. And we do have some really vexing ongoing nuisance problems in the ward. Unfortunately Metro Police is still critically understaffed with not enough captains or superintendent employed. It makes it difficult for the existing staff to adequately monitor and track and enforce,” said De Boer.
Ryley echoed the statement saying Durban was in need of a clean-up.
“The public deserve to live in a clean, beautiful but also aesthetically pleasing environment. The fact that we are also a big tourist city calls for by-laws which enables tourists to take away a positive image of the city and to attract future tourists,” he said.
The problem lies with enforcement, he said. There are already so many current good legislation that simply isn’t enforced, he added.
The ‘nuisance by-laws’:
– Hanging clothes or other items on fences, walls or balconies
– Littering
– Cleaning or repairing vehicles in public spaces
– Obstructing, blocking or disturbing traffic or pedestrians
– Vandalism of municipal property
– The use of threatening or foul language in public spaces
– Fighting in public
– Urinating or defecating in public
– Bathing or washing in public will also be illegal – unless it is part of a religious or cultural ceremony and the individuals have sought municipal permission
– Spitting in public
– Exhibitionism, appearing in the nude or sexual acts in public
– Public drinking and drunkenness
– Lying down or sleeping on benches, streets or pavements
– Begging for money or goods with gestures and signs
– Shouting or screaming
– Making a loud, persistent noise (however, this does not apply to noise coming from authorised public meetings or congregations)
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