TIMELINE: July 3, 2017:
AGREEING to have her car washed on a main road in Amanzimtoti cost a local resident more than her small change after she returned from her shopping outing.
A city bylaw passed last year states that Durbanites can be fined up to R40,000 or receive two years imprisonment for a variety of different acts of ‘public nuisance’.
The elderly woman was infuriated and confused when she received a R1,000 fine for allowing a car guard to wash her car while she popped into a Beach Road store. It turned out that having her car washed along the public road qualified her for a hefty fine.
Her confusion indicates that many Durban residents may be unaware of the eThekwini Municipality Nuisance ByLaw, which was passed on 11 March 2016.
This bylaw aimed to provide measures to regulate and control conduct or behaviour of people in Durban which causes or is likely to cause discomfort, annoyance or inconvenience to the public.
Here is a list of prohibited conduct and behaviour in Durban:
- 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
- Nuisance arising from the use of premises
Any person convicted of an offence under this by-law is liable to a fine not exceeding R40,000 or to imprisonment for a period not exceeding two years, or to both fine and imprisonment. In the case of a 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.
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.
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.
Shouting, screaming or making any other loud, persistent noise including amplified noise is prohibited. This however does not apply to noise coming from authorised public meetings, gatherings, congregations or events or an emergency or rescue announcement.
Disturbance of 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.
The enforcement and role of officials is covered in detail in the Nuisance By-law.
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