UPDATE: Communities question by-laws

AN overwhelming response from communities across Durban has ignited a debate on the enforcement of by-laws.

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Although some agree with the by-laws and the warning from local police, others lacked faith in the competency of the police in enforcing this law as mentioned by a Facebook user who said, I’ll eat my Sunday hat if this is enforced. Police are too scared to enforce the law. Every one of those bylaws were broken in Durban over the holiday period. Police stood by and did not lift a finger.

“Many have reserved feelings or questions on matters which are rife in different parts of Durban. One concern that was brought up was urinating in public. A reader stated: “I see it almost every day everywhere and cops don’t fine anyone, they just look away. I hoot and shout at men peeing along the road young girls and women do not need to see it.”

According to W/O Marimuthu. urinating in public does fall under the nuisances and behavior in public places by-law. ” If caught, the fine for urinating or defecating in public is R500,” he said. As stated on the eThekwini Municipality’s website urinating and defecating in public will not be tolerated and neither will bathing or washing unless it is part of a religious or cultural ceremony and permission has been sought. Anyone caught spitting, performing any sexual act, appearing in the nude or exposing genitalia will also face prosecution. Another issue that came up was the by-law against noise. People living in residential areas are inundated with noise pollution emanating from rowdy neighbours, surrounding business or vehicles.

As stated in the by-law: “No person may in a public place cause or permit any disturbance or impairment of the convenience or peace of any person by shouting, screaming or making any other loud or persistent noise or sound, including amplified noise or sound. No person may permit noise or sound from a private residence or business premises in his or her control to be audible to users outside of such premises to such an extent that it reasonably interferes with the use and enjoyment by an owner or occupier of his or her property.” Causing a nuisance in a public place can get you a R1,000 fine.

Litter was questioned and according to the by-law, no person may within a public place,deposit, dump or discard any waste or litter in a manner that detracts from the cleanliness of such a public place or which causes a nuisance; and anywhere other than in a receptacle provided by the municipality for that purpose.

No person may permit any waster or litter from any land or premises to be discarded, dumped, stored, kept or disposed of in such a manner that it causes a nuisance. Any person caught doing so can be fined from R500.

Other fines:

Using abusive foul language – R1,000
Bringing, consuming or selling of alcohol in a park – R2,500
Shooting or injuring any bird or animal – R2,500
Slaughtering or skinning of animal in a park – R2,500

Call 031-11-3555 to complain about ongoing noise pollution.

For once-off infringements, call the Metro Police on 031 311 2812.

(Please note: Comments posted on this issue may be used for publication in the Sun)