P.N. 136/1928 (as amended) SECTION H.3
CITY OF DURBAN
PARKS AND PLEASURE GROUNDS BYLAWS
1. These Bylaws repeal Bylaws promulgated under Proclamation No. 39 of 1896.
1A Nondiscrimination
(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.
(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards for such facilities.
(M.N. 43/92)
2. No person shall, in any public park, walk, pleasure ground or garden or on the Ocean Beach within the Borough:
(1) Repealed by P.N. 234/62.
(2) Pluck any flower or injure or destroy any plant, tree or shrub growing therein;
(3) Use or walk upon or recline on any grass in disregard of any prohibitory notice;
(4) Injure any fountain, statue, monument, bust, post, chain, railing fence, seat, barrier, gate, lamp, lamp-post, notice board or plate, house, building, shed, urinal, water-closet, flag mark or other matter or thing or deface or disfigure the same by cutting, writing, stamping, printing, drawing or marking thereon;
(5) Remove any gravel, sand, sod, turf or mould;
(6) Light any fire or burn or do any act which might cause any timer, wood, brushwood, plant, paper or rubbish to be burned;
(7) Erect and place therein any post, rail, fence, tent, booth, screen or any building, erection or obstruction of any kind whatsoever without the consent of the Director: Parks, Recreation and Beaches in writing.
(P.N. 10/70)
(8) Deposit or throw any rubbish, paper or other waste matter of thing therein;
(9) Permit or allow any animal to graze or feed or stray therein;
(10) Shake, beat, brush or clean any carpet, mat, rug or other thing therein;
(11) Wash clothes or other things in any fountain or ornamental water or otherwise pollute any water therein;
(12) Shoot at or injure any bird or animal or throw any stick, stone or other missile with intent to injure any bird or animal or interfere with any fish in any fountain or ornamental water therein;
(13) Bath or wash any dog or other animal in any pond, fountain or ornamental water therein.
(14) Deleted by P.N. 334/77.
2A No person shall enter upon or use any public park, pleasure ground or garden or any part of the ocean beach, or in any such premises, use any seating or other amenity, convenience or any apparatus or equipment for sport, recreation or amusement the use whereof is reserved or set aside for the exclusive use of persons of a class to which such person does not belong. Such reservation shall be deemed to have been effected if a notice indicating the class for which such premises or portion thereof or any such seating or other amenity, convenience, apparatus or equipment has been set aside or reserved appears at, in or on such premises, seating, other amenity, convenience, apparatus or equipment.
(P.N. 334/77)
2B No person shall in a park play any game or indulge in any pastimes or use any sporting equipment:
(a) which in the opinion of the Director : Parks, Recreation and Beaches, or any employee of the City Council acting under his authority, will cause or be likely to cause annoyance, inconvenience or injury to any other person present in a park or to interfere with the latter's enjoyment of the park and its amenities after he has been warned by a park ranger or attendant appointed by the City Council or other employee of the City Council acting under the authority of the Director : Parks, Recreation and Beaches to desist from such action;
(b) in contravention of any direction or prohibition conveyed by a notice or sign displayed in terms of section 2C.
(P.N. 101/89)
2C. (1) Signs and notices for the purpose of conveying that an act or activity is permitted or prohibited under any provision of these bylaws shall be displayed in accordance with the provisions of this section.
(2) A sign referred to in subsection (1) may take the form of a pictograph and where any sign conveys a prohibition, it shall be bisected by a red diagonal.
(3) Signs and notices may for any purpose related to these bylaws be displayed by the Director : Parks, Recreation and Beaches, or any employee of the Council acting on his instructions.
(4) No person other than a person referred to in subsection (3) shall move any sign or notice displayed or erected for the purpose of these bylaws and not person shall deface, obscure or willfully or negligently damage or otherwise interfere with any such sign or notice.
(P.N. 101/89)
3. No person shall ride a bicycle any of the wheels of which are greater than 51cm in diameter or a horse in any public park or pleasure ground except upon a public road or thoroughfare upon which vehicular traffic is expressly permitted by a notice displayed thereon. (P.N. 266/1947; 279/70)
3A. No person shall drive, ride or park any vehicle or cause or permit any vehicle to be within the area of any public park, walk, pleasure ground or garden except in so far as is permitted by a notice erected by the Council.
(P.N. 160/68)
4. It shall be lawful for any park-ranger or attendant appointed by the City Council or any policeman to exclude or remove from any public park, walk, pleasure ground or garden any person who is in a state of intoxication or who is behaving in a manner which is disorderly or unseemly or whose presence therein, by reason of uncleanliness of his person or clothing, is likely to be offensive to other persons or who is committing a breach of these Bylaws, and if such person, after being requested by such park-ranger, attendant or policeman to refrain from entering therein or to go therefrom, refuses or neglects to do so, shall be guilty of an offence.
(P.N. 4/1951; 101/89)
5. No person shall cause or permit any dog belonging to him or in his charge to enter, remain or be in or on any portion of a public park, pleasure ground or garden or other public open space which is allocated or set aside for use as a children's play area or on or in which animals or birds or other zoological specimens are kept for public display.
6. Subject to the provisions of section 5, no person shall in contravention of a notice erected or displayed at the entrance to or in or on any public park, pleasure ground or garden or other public open space cause or permit any dog belonging to him or in his charge to enter, remain or be in or on such park, pleasure ground, garden or open space unless such dog is on a leash.
(P.N. 86/69)
7. Any person who contravenes any provisions of these bylaws shall be guilty of an offence and liable, upon conviction to:
(i) a fine not exceeding R200 in the case of a first conviction; or
(ii) in the case of a second or subsequent conviction for the same offence, a fine not exceeding R400; or
(iii) in default of payment of any fine imposed in either case, imprisonment for a period not exceeding three months;
provided that in the case of a continued offence a fine not exceeding R10 for each day upon which the offence continues may be imposed, but no such fine shall in any one prosecution, or within any one month, exceed R400.
(P.N. 366/83)