Early Morning Market Bylaws

MARKET BYLAWS

P.N. 42/1972. SECTION A.4.

INDIAN MARKET BYLAWS (EARLY MORNING SECTION).

DEFINITIONS

1. In these Bylaws, unless inconsistent with the context:

"Agricultural Produce" means anything grown on a farm or in a garden for human consumption and includes flowers, green lucerne, green forage, eggs, live poultry and such dried products as the Marketmaster may permit to be sold.

"City Council" means the City Council of the City of Durban.

"Closing Hour" means 14h00 Monday to Thursday, both inclusive, 18h00 on Friday and 13h00 on Saturday or as the Marketmaster determines.

(P.N. 661/83)

"Early Morning Market" - (Deleted by P.N. 661/83).

"Farmer" means any non-White person authorised in writing by the Marketmaster to sell or expose for sale, within the Market, agricultural produce grown by him.

"Manufacturer" means any non-White person who makes and sells or exposes for sale within the Market, baskets or furniture, implements and traditional earthenware pots as made by Africans for sale at the Market.

"Market" means the locality or place commonly known as the Early Morning Market or Squatters' Market, including land and buildings bounded on the west side by Warwick Avenue, on the north side of Leopold Street Extension and on the east and south sides of Market Road.

(P.N. 661/83).

"Marketmaster" means the Director of Markets of the City of Durban, or his duly appointed representative.

"Opening Hour" means 06h00 Monday to Saturday both inclusive, or as the Marketmaster may determine.

(P.N. 661/83).

"Stand" means any space allotted by the Marketmaster to a trader in the Traders' Section of the Market for the purpose of selling therefrom such articles as the Marketmaster may permit.

"Standholder" means the holder of a permit to occupy a stand in the Traders' Section of the Market issued to him by the Marketmaster in terms of these Bylaws, and a Trading Licence for the sale of goods so permitted.

"Trader" means any non-white person who sells or exposes for sale within the Traders' Section of the Market any produce which has not been grown by him or his own land and other articles such as the Marketmaster may permit.

"Table" means any space demarcated, and allotted by the Marketmaster to a farmer in the Farmers' Section of the Market for the purpose of selling authorised goods therefrom.

"Tableholder" means a bona fide farmer authorised to occupy a table.

"Trent Road Market" (Deleted by P.N. 661/83).

HOURS OF MARKET

2. (1) The market shall remain open from the opening hour to the closing hour every day except Sundays and public holidays within the meaning of the Public Holidays Act, 1952 (Act 5 of 1952).

(2) Notwithstanding the provisions of subsection (1) hereof the Council may close the market on such other days or during such period as it deems fit.

(3) Notice of the closure of the market in terms of subsection (2) shall be posted on the notice board within the precincts of the market by the Marketmaster.

(P.N. 661/83).

SECTIONS OF MARKET

3. (1) The Market shall be divided into two main sections, namely: -

(a) Farmers' and Manufacturers' Section;

(b) Traders' Section;

and the Marketmaster may, at his discretion, from time to time determine the position and extent of such sections and the position and extent of stands or tables therein.

(2) (a) The Marketmaster may, from time to time, divide the main sections referred to in subsection (1) into subsections for the sale of different classes of articles.

(b) No article may be sold from or in any section or subsection which does not belong to the class of article for the sale of which that section or subsection has been set aside.

(3) The Marketmaster may for purposes of identification allot a distinctive number to such stands or tables as he deems fit.

(4) Notwithstanding the provisions of sections 4 and 5, tables in the Farmers' and Manufacturers' Section shall be allotted on a daily basis and the rights acquired under these Bylaws in respect thereof shall not be transferable.

(5) The Marketmaster may in his discretion allot more than one table in the Farmers' and Manufacturers' Section to any one person.

(P.N. 661/83).

OCCUPATION OF TRADERS' STANDS

4. (1) No person shall become a standholder and entitled to occupy a stand in any section of the Market unless he shall -

(a) have made application to the Marketmaster for the occupation of such stand.

(b) have obtained the Marketmaster's consent to such occupation and to the carrying on at such stand of such business as is shown on the permit issued by the Marketmaster.

(c) have paid in advance, in respect of the first month of such occupation the fee prescribed in the schedule to these Bylaws and have obtained a receipt from the Marketmaster for such payment entitling him to occupation of the stand designated thereon.

(P.N. 661/83).

(d) be not less than 18 years of age.

(2) No person shall occupy any stand in the Market other than the stand allocated to him by the Marketmaster.

(3) Every standholder shall pay monthly in advance in respect of his stand the fee prescribed in the schedule to these Bylaws. Should he fail to make such payment on or before the 7th day of the month in respect of which it is due or should he be convicted of a breach of any of these Bylaws, his right to occupy a stand at the Market may be terminated in writing by the Marketmaster at his discretion either with immediate effect or at the end of the current calendar month. Should any standholder fail to obey any such notice to vacate he will be guilty of a further offence against these Bylaws and in addition the Marketmaster shall be entitled to eject him from that stand.

(4) Every standholder shall be in personal attendance and shall personally supervise the business carried on on his stand unless he has first obtained written permission of the Marketmaster to allow some other person to supervise and carry on the said business on his behalf.

(5) Every standholder shall at all times keep his stand clean and tidy to the satisfaction of the Marketmaster.

(6) (a) Notwithstanding anything to the contrary hereinbefore contained, upon a new partner or partners being admitted by a standholder a portion of the prescribed transfer fee shall be payable and shall accompany the application for the approval of the admission of any such partner or partners. The proportionate amount of the fee payable shall be assessed by dividing the prescribed transfer fee by the total number of partners of the new firm and shall be payable in respect of each new or additional partner admitted. No transfer fee shall be payable in the case where a partner retires from the firm or dies and the remaining partner or partners continue in occupation of the stand without admitting a new partner.

(7) (a) Upon the death of a standholder his right to occupy the stand or stands shall cease immediately, provided always that the Marketmaster may upon application by the person having temporary custody of the estate, in terms of the Administration of Estates Act 66/1965, or other statutory representative permit the business conducted at the stand or stands to continue for a period of two months from the date of death pending the appointment of an executor or other statutory representative. The executor or other statutory representative of the estate shall make application to the Marketmaster for the tenancy to continue in the name of the estate for six months, pending application for transfer of tenancy to their heirs or a third party. A fee equivalent to one-third of the prescribed transfer fee shall be paid in respect of an application by the executor or other statutory representative for the temporary continuance of a tenancy in the name of the estate. The Marketmaster may extend such period from time to time on application being made to him before expiry thereof.

(b) An application by the executor or other statutory representative to transfer the tenancy to the heirs or a third party may be made at any time before the expiry of the period during which the tenancy has been permitted to continue and on approval of such transfer, a fee equivalent to two-thirds of the prescribed fee shall be payable. Should application for transfer not be made before the expiry of the period of temporary continuance or, should such application be refused, all rights in and to the stand or stands shall revert to the Council.

(8) A standholders' rights of occupation under a permit issued to him in terms of subsection (1) above shall be terminable either by the Marketmaster or by such standholder by the giving on one calendar month's written notice to the other.

OCCUPATION OF FARMERS' TABLES

5. (1) No person shall become a tableholder and entitled to occupy a table in any section of the Market unless he shall: -

(a) have made application to the Marketmaster and been granted a permit to sell agricultural produce from a table allotted to him by the Marketmaster;

(b) furnish proof of the fact that he is a bona fide farmer in terms of these Bylaws to the Marketmaster when called upon to do so;

(c) have paid in advance for such table occupation, the fee, prescribed in the schedule to these Bylaws and obtained a receipt from the Marketmaster for such payment entitling him to occupation of the table or tables designated thereon;

(d) be not less than 18 years of age.

(2) No person shall occupy any table in the Market other than the table allotted to him by the Marketmaster.

(3) Every tableholder shall: -

(a) be in personal attendance at the table allotted to him;

(b) personally supervise the business carried on his table during the hours when sales take place, unless he has first obtained the written permission of the Marketmaster to allow some other person to supervise and carry on the said business on his behalf;

(d) (Deleted by P.N. 661/83).

FEES

6. No person shall sell, expose or offer for sale any article in the Market unless he shall first have paid the fees prescribed in the schedule to these Bylaws.

PROHIBITIONS

7. (1) No standholder, tableholder, or manufacturer shall take into the Market any infant child.

(2) No standholder, tableholder or manufacturer or other person shall take into the Market any dog, bicycle or tricycle.

(3) No trader shall bring or cause to be brought into the Market or sell or expose or offer for sale or cause or permit to be sold or exposed or offered for sale any agricultural produce except such as has been bought by him on his behalf either from a farmer under these Bylaws or within the confines of a Market conducted by the City Council and in accordance with the Bylaws applicable, save with the prior written consent of the Marketmaster, which consent shall be subject to the payment by the trader to the City Council of a surcharge of 5% upon the value of such product as assessed by the Marketmaster.

(P.N. 661/83).

(4) No farmer shall bring or cause to be brought into the market or sell or expose or offer for sale or cause or permit to be sold or exposed or offered for sale any agricultural produce other than those varieties thereof as have been determined by the Marketmaster from time to time, and otherwise than in compliance with such restrictions as to quantity or mass as the Marketmaster may specify from time to time.

(P.N. 661/83)

OBSTRUCTIONS

8. (a) Every standholder, tableholder and manufacturer shall confine his business to the limits of his stand, table or space allotted to him in terms of these Bylaws.

(b) (Deleted by P.N. 661/83).

ALTERATIONS TO STANDS

9. No standholder shall construct or attach any fixtures to, or make any erections in, or alterations to his stand without the permission of the Marketmaster.

SALE OF POULTRY

10. No person shall sell poultry in the Market other than from crates or pens approved by the Marketmaster and which contain a suitable drinking vessel with a sufficient supply of clean water. The number of birds permitted to be accommodated in a cubicle shall be determined by the Marketmaster.

AUCTION SALES

11. No person shall sell any articles in the Market by auction.

CLEANLINESS

12. (1) Every person who brings into the Market any vehicle or any basket or other receptacle for the conveyance of goods for sale at the Market shall keep the same clean and tidy to the satisfaction of the Marketmaster.

(P.N. 661/83).

(2) The Marketmaster may prohibit the cleaning, stripping or peeling of agricultural produce or any other article in any section of the market determined by him.

(P.N. 661/83).

VEHICLES

13. (1) No person shall take any vehicle into the market without first obtaining the permission of the Marketmaster.

(2) The Marketmaster shall be empowered to control and regulate the volume and movement of traffic entering the market or within the precincts of the market.

(3) No person shall neglect or refuse to place any vehicle under his control in the position assigned to such vehicle by the Marketmaster or to comply with any lawful direction given to him by the Marketmaster for the purposes of subsection (2).

(4) The Marketmaster in his discretion shall be empowered to set aside parking spaces from time to time which shall be defined by white lines painted upon the surface of the ground or by notices placed or erected in conspicuous places; provided, however, that if circumstances demand, the Marketmaster may prohibit for the time being any person from parking a vehicle in spaces to set aside and defined.

(5) No person in charge of any vehicle shall park such vehicle in any place within the market other than a space set aside in terms of subsection (4) hereof, unless he is otherwise directed by the Marketmaster.

(6) The Marketmaster shall, notwithstanding the provisions of subsection (4) hereof, be empowered to designate temporary parking places, other than spaces defined in terms of that subsection.

(7) No person shall take or cause or permit to be taken in to the market any handtruck, barrow or similar vehicle of a type not approved by the Marketmaster.

(8) No person shall set or keep in motion a hand truck, barrow or similar vehicle approved in terms of subsection (7) otherwise than by pulling it. The setting or keeping in motion thereof by pushing will constitute an offence in terms of these bylaws.

(P.N. 661/83).

VICARIOUS LIABILITY

14. Every standholder or trader shall be responsible for the conduct in the market of any person employed by him or whom he permits or allows to assist him in carrying on his business and shall ensure that all such persons comply with the provisions of these bylaws and any reference in these bylaws to such standholder or trader shall be deemed mutatis mutandis to include any such person employed by or assisting such standholder or trader.

(P.N. 661/83)

ENTRANCE AND EXIT TO MARKET

15. All goods shall be brought into the Market through the gates set aside by the Marketmaster for such purpose.

CLOSING HOUR

16. (1) At the closing hour a warning bell will be rung, after which no further sales shall take place in the Market and all tableholders shall forthwith remove all goods from the Market. Traders may at the discretion of the Marketmaster and at their own risk leave unsold goods on their stands.

(2) No member of the public shall enter the Market after Closing Hour nor shall any member of the public who is in the market at the Closing Hour remain in the Market after the expiry of a period of 30 minutes from the Closing Hour.

(P.N. 661/83)

INSPECTION OF FOOD

17. The Marketmaster may inspect or cause to be inspected any article of food exposed for sale on the Market in order to ascertain whether it is clean, wholesome, sound and free from disease, infection or contamination, and shall, if such article is not clean, wholesome, sound and free from disease, infection or contamination, take or cause to be taken such steps for the seizure, condemnation and destruction thereof as he considers necessary in the circumstances.

PROHIBITIONS

18. (1) No person shall -

(a) directly or indirectly, interfere with or molest any other person or tout, shout or call for custom within the Market;

(b) cause any disturbances, or use any offensive, obscene, injurious or unbecoming language within the Market;

(P.N. 661/83)

(d) improperly use or waste water, or damage or deface or foul or misuse any part of the Market or any of the convenience therein;

(e) deposit or throw on the floor of the Market, or entrance, or steps leading thereto, any refuse, fruit peel or other vegetable substance, neither shall any person expectorate in or about the Market;

(f) hawk, carry about or offer or display for sale any article, inside the Market or on the footpaths or roads immediately adjacent thereto;

(g) (Deleted by P.N. 661/83).

(2) No person under the influence of liquor or suffering from any contagious or infectious disease and no person not having legitimate business in the Market and no beggar shall enter the Market or remain therein after being required by the Marketmaster to remove himself therefrom.

(3) No person shall without the written authority of the Marketmaster remove any garbage or other waste matter from the Market.

FEES AND PRODUCTION OF RECEIPTS

19. All fees payable in terms of these Bylaws shall be paid to the officials appointed for that purpose by the Marketmaster, who shall issue tickets on his behalf in exchange for the fees received. The person to whom any such ticket is issued shall retain it for the period of its validity and shall, when required to do so during that period, produce such ticket for the purpose of inspection or examination by the Marketmaster, or any person appointed by him for the purpose.

OFFICIALS ON DUTY

20. No person shall interfere with, threaten, or obstruct any official of the Market in the execution of his duty.

NOTICE

21. The Marketmaster may post all notices relating to the closing or opening of the Market or any matter affecting the Market, upon a notice board in a prominent position in the Market and such posting shall be deemed to be sufficient notice of any such matter to all standholders and table holders or any other person concerned.

COUNCIL NOT RESPONSIBLE FOR LOSS

22. The Council shall not be responsible for the loss or damage by fire, flood, theft or from any other cause, of any goods or property of any standholder, tableholder, manufacturer or any other person in the Market.

PENALTIES

23. (1) The Marketmaster may cancel the permit issued to a trade, farmer or manufacturer in terms of these Bylaws should he contravene these Bylaws or the conditions of his permit.

(2) Any person who introduces any article or articles into the Market for the purpose of sale or who offers or displays for sale any article within the Market without being in possession of a permit issued in terms of these Bylaws by the Marketmaster, authorising the sale of such article or articles shall be guilty of an offence.

(3) Any person who -

(a) contravenes any provision of these bylaws; or

(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of these bylaws; or

shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed for the offence by section 266 (7) (a) of the Local Authorities Ordinance, No. 25 of 1974.

(2) Failure to comply with the terms of any condition or notice referred to in subsection (3) (b) or (c) above shall constitute a continuing offence and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.

(P.N. 377/83)

DETERMINATION OF DISPUTES

24. Any question or dispute requiring immediate decision arising in respect of any matter not provided in these Bylaws shall be decided by the Marketmaster, whose decision shall be final and binding.

P.N. 206/1938 (as amended) SECTION A.5

MARKET BY-LAWS

(POULTRY-KILLING DEPOT)

1. The depot will be open every day save on Sundays and public holidays, between the hours of 4 a.m. and 7 p.m.

2. The killing and cleaning of poultry at the depot must be done by the owner of the birds or his representative.

3. The person doing the killing shall be attired in clean clothing.

4. The person doing the killing shall place or cause to be placed all refuse arising from the killing in the receptacles in the depot provided for that purpose.

5. No person under the influence of liquor or suffering from any contagious or infectious disease and no person not having legitimate business in the depot and no beggar shall enter or remain in the depot.

6. No person shall interfere with or obstruct any employee of the City Council in the execution of his duty at the depot.

(P.N. 54/50)

7. The City Council shall not be responsible for the loss by fire, flood, theft or by any other cause or means whatsoever of any goods the property of any person using or being in the depot.

8. Persons bringing poultry to be killed at the depot shall bring such poultry in by the main entrance. All dressed poultry, however, shall be removed by the rear entrance.

9. Any person desiring the use of the separate room for slaughter purposes during any month shall make application therefor on or before the final day of the preceding month to the City Marketmaster, who may allot such person a room for the period of one month against payment of the monthly fee prescribed in the Schedule to these By-laws.

10. The right of any person to retain the use of the room allotted to him shall cease and determine at the end of the month for which the room has been allotted to him unless consent to the use of such room for the month following has been granted by the City Marketmaster against payment of the prescribed fee.

11. No person to whom a separate room has been allotted may use such room other than during the hours when the depot is open.

12. No person other than the person to whom the separate room has been allotted or his authorised representative shall use any of the separate rooms in the depot for which a monthly fee is payable in terms of the tariff prescribed in the Schedule of these By-laws.

13. No person shall use the general room in the depot unless he has paid to the City Marketmaster the charges prescribed in respect of the number of birds he intends to kill.

(P.N. 54/1950)

14. Any person who contravenes any of the provisions of these By-laws shall be guilty of an offence and shall be liable on conviction to a fine not exceeding R50 in the case of a first offence, or in the case of a second or subsequent conviction, for the same offence, a fine not exceeding R100, or in default of payment of any fine imposed in either case, imprisonment for any period not exceeding three months.