P.N. 30/154 (as amended) SECTION H.4
CITY OF DURBAN
YACHT BANK BYLAWS
1. In these Bylaws, unless the context otherwise requires:
"Authorised Officer" means any person appointed by the Council to exercise the powers and discharge the duties assigned to the authorised officer in these bylaws;
"Boating Equipment" includes any trailer designed or used for the launching of boats and any case, box or the like in which any boat has been packed for the purpose of being brought to Durban temporarily for participation in a competition or other sporting event;
"Boat" includes boating equipment;
"Council means the City Council of the City of Durban;
"Leased Area" means any portion of the area described in Section 2 of these Bylaws which is or may hereafter be leased by the Council, but shall not include any parking allocated in terms of these Bylaws;
"Open Area" means any portion of the area described in Section 2 of these Bylaws which is not a leased area;
"Parking Space" means a portion of the open area set aside by the Council as a site for the parking of boats or vehicles and demarcated as such by means of lines, signs or other devices painted, marked or placed upon the surface;
"Repair Bay" means a portion of the open area set aside by the Council for repair or overhaul of boats and demarcated as such by means of lines, signs, or other devices painted, marked or placed upon the surface;
"Park" in relation to both boats and vehicles shall mean the standing or waiting in any part of the area to which these Bylaws apply whether attended or not but shall not include the standing or waiting thereof whilst engaged in the taking up or setting down of boats on the slipway if the time occupied in such operation does not exceed 30 minutes and providing no obstruction is caused to the free flow of traffic in and out of the yacht bank area.
(P.N. 662/73)
"Parking Coupon Vending Machine" means a device which upon the insertion therein of a coin or coins or upon payment of the parking fee in any other manner indicated thereon, issues a coupon which is visibly recorded the date of issue and time of expiry of such coupon;
(P.N. 147/84)
"Prescribed Coin" shall mean a coin of the Republic of South Africa or any equivalent coin which is legal tender in terms of the South African Mint and Coinage Act, 1964 (Act 78 of 1964) and which has a token value equal to the amount of the fee prescribed in these bylaws as being payable for lawfully parking in a ground for a period of time;
(P.N. 147/84)
"Vehicle" means a vehicle of any kind, however propelled or drawn.
(P.N. 238/78)
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. These bylaws shall operate only within that portion of land described as Remainder of Reclaimed Land A. No. 12579, which is south of the railway line running from Cato Creek to Congella (including the areas described as Yacht Bank and Club Bank) and the small craft basin and mole, and any further area which may be reclaimed and added to such area.
(P.N. 662/73)
3. The control and management of any leased area shall be exercised by the lessee in accordance with the terms and conditions of the lease.
(P.N. 662/73)
4. (1) Save as may be otherwise specially provided in these Bylaws, no person, other than the holder of a permit issued in terms of Section 5 and 6 of these Bylaws, shall park any boat or vehicle within the open area and no holder shall park any boat or vehicle elsewhere than within the parking space allocated to him by the authorised officer or for any purpose other than that of engaging in recreational boating or yachting activities.
(2) The holder of a permit to park a motor vehicle shall furnish the authorised officer with a list of the registration marks of the vehicles he proposes to park in the parking space allocated to him and only vehicles enumerated on such list as amended from time to time shall be parked in such parking space.
(3) Whenever any boat or vehicle is parked in contravention of any provisions of these Bylaws it shall be presumed until the contrary is proved that such boat or vehicle was parked by the owner thereof.
(P.N. 437/70; 662/73)
5. (1) Any person desiring to park any boat or vehicle within the open area shall make application to the authorised officer for permission to do so on the appropriate form provided by him.
(P.N. 532/66)
(2) The applicant shall deposit with his application a receipt of the Licensing Officer for the sum of R200,00 in respect of each parking space for which a permit is sought; provided that where the application is made after the 31st July in any year, the amount payable in terms of this sub-section shall be reduced by R17,00 for each completed month between the date on which the application was made and the 1st day of July immediately preceding such date.
(M.N. 27/65; P.N. 662/73; M.N. 99/77; 65/78; 213/79; 220/80;
64/82; 256/82; M.N. 220/80; P.N. 336/83; M.N. 106/84; 70/86;
101/87; P.N. 419/88; 129/89; M.N, 91/90)
(3) If any application is refused, the amount so deposited by the applicant shall forthwith be refunded to him. If any application is granted, the amount so deposited by the applicant shall be retained by the Licensing Officer as and for the use of the parking space authorised by the permit.
(P.N. 479/56)
6. (1) The authorised officer shall, if suitable space is available, allot a parking space to the applicant and issue to him in respect thereof a permit, provided that only the owner and possessor of a boat used otherwise than for hire and reward and currently registered with the Port Captain shall qualify to have a permit to park a boat or vehicle within the open area. Should the grantee of a permit become disqualified, his permit shall automatically become void. Should the grantee of a permit whose permit has become void fail to notify the authorised officer of his disqualification within 10 days he shall not be entitled to a refund enjoyed by a grantee under Section 7(1) of these Bylaws.
(P.N. 532/66; 662/73)
(2) A permit issued in terms of sub-section (1) hereof shall not be transferable by the grantee and shall, unless previously cancelled, expire on the 30th June of the year of issue.
(P.N. 336/83)
(3) Where an application of authority to park a boat within an open area is granted by the authorised officer, he shall, in addition to the permit referred to in sub-section (1) hereof, issue to the applicant a disc with a number stamped thereon. Such disc shall be affixed to and at all times prominently displayed on the outer surface of the stern of the boat to which the permit relates, and the number allocated shall be conspicuously displayed on any cradle used in conjunction with such boat.
(P.N. 141/55; 662/73)
(4) Application for the renewal of any permit for any subsequent year shall be made during the month of June referred to in sub-section (2) and shall be accompanied by the sum of R200,00 in respect of each parking space for which a renewal of such permit is sought.
(M.N. 99/77; 65/78; 213/79; 220/80; 64/82; 256/82; 106/84; 220/80;
P.N. 336/83; M.N. 70/86; 101/877; P.N. 419/88; 129/89; 91/90)
(5) Application for the renewal of a permit to park a motor vehicle shall be accompanied by proof that a boat used otherwise than for hire or reward is owned by the applicant and is currently registered with the Port Captain.
(P.N. 662/73)
7. (1) Should the permit holder for any reason give up or lose possession of the boat to which the permit relates he may apply to the City Treasurer for a refund in respect of the unexpired portion of the currency of the permit. This will be calculated on the basis of R17,00 for each complete calendar month of the unexpired portion of the current year remaining after the date on which the application for refund is received by the City Treasurer's Department.
(P.N. 662/73; M.N. 133/76; 99/77; 65/78; 213/79; 220/80; 256/82; 106/84;
M.N. 220/80; 110/85; 70/86; 101/87; P.N. 419/88; 129/89; 91/90)
(2) If at any time during the currency of a permit, the holder thereof disposes of the boat to which such permit relates, he shall, within 10 days thereafter notify the authorised officer of the name and address of the new owner.
(3) The holder of a permit granted in terms of these Bylaws, who changes his address from the address mentioned in such permit, shall within 10 days thereafter notify the authorised officer of his new address.
(P.N. 141/55)
(4) Whenever a permit has been cancelled by the authorised officer the reasons for its cancellation shall be deemed valid until proven otherwise.
(5) The authorised officer shall be entitled to call upon any permit holder at any time during the currency of the permit he holds to produce within 10 days proof that he is still qualified in terms of these Bylaws to hold a permit. Failure to produce such proof will entitle the authorised officer to cancel the permit without further notification.
(6) All permits shall expire on the 30th day of June of each year and with effect from the 1st day of July of each year the authorised officer shall be entitled to reallocate any bay in respect of which an application for renewal of the permit submitted in the prescribed manner has not been received.
(P.N. 662/73; 336/83)
8. On application made to him by any charitable, cultural, educational, sporting or other body desiring to stage any exhibition, entertainment, or any boating or aquatic sports event on or in the vicinity of the area to which these Bylaws apply the authorised officer may, in his discretion and subject to such conditions as he may deem necessary or desirable to impose, grant a temporary permit to such body authorising participants or competitors in such entertainment, exhibition or event to use such portions of the unallocated open area as he may determine for such period as he may deem reasonable having regard to the nature and likely duration of the proposed entertainment, exhibition or event.
(P.N., 532/66; 662/73)
9. Notwithstanding anything hereinbefore contained the authorised officer may set aside and demarcate a portion of the open area as a communal parking space for the accommodation of small boats belonging to juveniles under 16 years of age and may on application grant written authority to any juvenile to use such accommodation as he may specify and which may be available in such communal space for the purpose of parking his boat. A fee at the rate of R2,00 per month shall be payable by any juvenile authorised to use such communal parking space.
(P.N. 662/73; 355/75; M.N. 99/77; 65/78; 213/79; 220/80; 54/82;
256/82; 106/84; 220/80; 110/85; 70/86; 101/87; 419/88; 129/89; 91/90)
10. Notwithstanding any authority which may have been issued, no person shall within the area to which these Bylaws apply -
(a) park any boat which is dilapidated or unsightly;
(b) park any boat so as to encourage the breeding therein of mosquitoes or the like;
(c) cause any wire, cable, rope, rigging, iron, timber, oil, paint, shavings, sawdust, woodcuttings, cloth or any refuse of any kind to litter or soil the said area;
(d) park any boat which is used or intended to be used for the purpose of plying for hire for the conveyance of passengers or goods for reward;
(e) erect a structure of any kind on or over any parking space;
(f) carry on the trade or calling of a pedlar or hawker;
(g) conduct or take part in any trade or calling or carry out any work for gain or reward except under the authority of and in terms of a licence or, in the absence of such licence, the written permission of the Council.
11. (1) The Council may demarcate and set aside by notice erected thereon portions of the open area as parking grounds for the accommodation of vehicles used by boat owners and visitors to the area. Such parking grounds may be subdivided by notice erected thereon into areas for particular classes of vehicle and no person shall park a vehicle therein save in compliance with the provisions of such notices.
(P.N. 238/78)
(2) The Council may reserve, by notice erected thereat, the whole or any portion of any such parking ground for the exclusive use of boat owners who are in possession of a disc issued in terms of subsection (3) hereof and during the period that any such area is so reserved, no person shall park any motor vehicle in such reserved parking ground unless such disc is displayed thereon and unless such person is, during the whole of the period when the vehicle bearing the disc is so parked, engaged in recreational boating or yachting activities within the leased area or off-shore.
(P.N. 99/86)
(3) (a) On application by any boat owner who is the holder of a permit issued in terms of section 6 or who is registered with a Port Captain as the owner of a boat used otherwise than for hire or reward, the authorised officer shall issue him with a numbered disc to be displayed on the near side interior of the front windscreen of his motor vehicle, whenever the vehicle is parked in any space which may be available in any parking ground which has been set aside in terms of sub-section (1) or which is a reserved parking ground in terms of sub-section (2) subject to payment of the fee prescribed in subsection (4) hereunder; provided that no such disc shall be issued to him within 12 months of the date of a cancellation, in terms of paragraph (e) hereof, of his disc.
(P.N. 99/86)
(b) Should the authorised officer consider it justified he may replace a lost disc on payment of a fee of R20,50 and the submission of an affidavit by the holder setting out the circumstances occasioning loss.
(M.N. 99/77; 65/78; 213/79; 220/80; 64/82; 256/82; 95/83;
106/84; 110/85; 70/86; 101/87; P.N. 419/88; M.N. 130/89; 93/90;
C.M. 15/6/92)
(c) All applications for discs in terms of paragraph (a) hereof shall be accompanied by proof that a boat used otherwise than for hire or reward is owned by the applicant and is currently registered with a Port Captain.
(d) A disc issued in terms of paragraph (a) hereof shall not be transferable and shall, subject to the provisions of paragraph (e) hereof, unless previously cancelled, expire on the 31 December of the year of issue.
(e) Should the holder of a current disc cease to be the owner of a boat registered with a Port Captain and used otherwise than for hire or reward, the boat owners' disc shall automatically become invalid, or should more than two contraventions of these bylaws occur within any period of 12 months in respect of the use of a disc issued in terms of paragraph (a) hereof, the disc in question shall be deemed to be cancelled with immediate effect, and in either event the disc shall be returned to the authorised officer within ten days of such circumstances arising.
(P.N. 99/86)
(f) An initial application for a boat owner's disc shall be subject to payment of a fee of R37,00 and such fee shall accompany the application form.
(M.N. 99/77; 65/78; 213/79; 220/80; 64/82; 256/82; 95/83;
106/84; 110/85; P.N. 99/86; M. N. 101/87; 130/89; 93/90;
C.M. 15/6/92)
(g) The holders of a current disc who desire to carry the facility over to any subsequent year shall make application during the month of December of the year to which the current disc relates. Approval shall be subject to the payment of a fee of R 18,50 and such fee shall accompany the application form.
(M.N. 99/77; 65/78; 213/79; 220/80; 64/82; 256/82; 95/83;
106/84; 110/85; P.N. 99/86; M. N. 70/86; 101/87; 130/89; 93/90;
C.M. 15/6/92)
Failure to ensure that the application is received by the authorised officer before 31 December of the current year will result in the application being treated as an initial issue in terms of paragraph (f) above.
(h) The provisions of sub-sections (3), (4) and (5) of section 7 shall mutatis mutandis apply to this section.
(P.N. 33/76)
(4) The fee payable for parking in a parking ground set aside in terms of this section, other than a reserved parking ground, shall be R1,00 per hour and the fee payable for parking in a reserved parking ground between 08: 00 and 17: 00 Mondays to Fridays and 08: 00 and 12: 00 on Saturdays shall be R1,00 per hour.
(M.N 88/83; P.N. 99/86; M.N. 190/87; M.N.198/92)
(5) (a) Where a parking metre has been installed at a parking bay in a parking ground the parking fees prescribed in terms of subsection (4) shall be paid by the insertion of a coin or coins of a denomination indicated on the parking metre.
(b) Deleted by P.N. 147/84.
(c) It shall be an offence to park a vehicle in a parking ground in a metered parking bay for a period in excess of the maximum parking time or while the indicator on the parking metre installed thereat shows that the time has expired..
(P.N. 147/84)
(d) When any vehicle is found to have been parked in contravention of these bylaws it shall be presumed until the contrary is proved that such vehicle was parked by the owner thereof.
(6) If a parking coupon vending machine has been installed in a parking ground any person who parks or causes a vehicle to be parked in such ground for which parking fees are payable as indicated in a notice displayed at the entrance to the parking ground shall forthwith:
(a) obtain a coupon in the manner indicated on the parking coupon vending machine for the required parking period after such vehicle has been brought to a standstill in a parking bay;
(b) affix such coupon on the inner side of the windscreen of such vehicle on the driver's side in such a manner that the information shown thereon shall be clearly visible from the outside of the vehicle, or, in the event of such vehicle not having a windscreen, in the aforementioned manner in a conspicuous position on a headlamp of the vehicle.
(7) (a) A coupon obtained in terms of sub-section (6) shall be valid until the time of expiry thereof as indicated on the coupon.
(b) If a vehicle is removed from a parking ground and returned thereto within the period of validity of the coupon, such coupon shall continue to be valid.
(c) Possession of a valid coupon in respect of a vehicle not within a parking bay does not guarantee the availability of a vacant parking bay.
(8) (a) No person shall cause or permit a vehicle parked by him in a parking ground in which a parking coupon vending machine has been installed, to remain therein:
(i) without affixing a valid parking coupon in terms of subsection 6(b);
(ii) after the coupon obtained in terms of subsection (6)(a) has ceased to be valid;
(iii) if a coupon cannot be obtained from any such machine in a parking ground in the manner indicated thereon as contemplated by sub-section (6)(a) or when a notice displayed on each such machine indicates that it is out of order.
(b) No person shall -
(i) tamper with, deface or damage any parking coupon vending machine or appurtenance thereto or affix or attempt to affix or place any placard, advertisement, notice, list, document, board or thing on or paint, write upon or disfigure any parking coupon vending machine;
(ii) insert or cause to be inserted in a parking coupon vending machine any substitute for a prescribed coin or any object other than that prescribed by notice on the machine.
(9) A vehicle in a parking ground in which a parking coupon vending machine has been installed which does not bear a coupon affixed in terms of subsection (6)(b) shall be presumed to have been caused or permitted to remain therein in contravention of subsection (8)(a)(i) until the contrary is proved.
(P.N. 147/84)
12. The Municipal Parking Ground Bylaws published under Provincial Notice No. 218/1965 as amended from time to time shall, save in so far as they may be inconsistent with these bylaws, applymutatis mutandis to any parking ground set aside in terms of section 11.
(P.N. 73/75)
13. (1) The Council shall not be responsible to the owner of any boat or vehicle or other article which may be stolen, damaged or destroyed while parked or left within the said area.
(2) Any person who, without the knowledge or consent of the owner, or without reasonable cause, uses, moves or in any other way interferes with a boat parked or left within the said area shall be guilty of an offence; provided that this subsection shall not apply to a Police Officer or other authorised officer in the exercise of the powers conferred upon him by these Bylaws or any other law.
(P.N. 662/73; 73/75)
14. (1) If any boat is parked within the said area in contravention of these Bylaws, the authorised officer may, in addition to any other penalty prescribed by these bylaws, order the owner thereof to remove the same within seven days. Written notice of such order shall be served upon the owner in the manner prescribed by section 133 of Ordinance No. 21 of 1942, or, in the event of the identity or address of such owner being unknown, shall be affixed prominently to the boat concerned.
(2) If any such order is not complied with, the authorised officer may remove the boat concerned from the said area and may cause the same to be sold as if it were one of the moveable assets of the Borough and retain from the proceeds any expenses which may have been incurred in so doing.
(P.N. 73/75)
15. Repair bays shall be available for use by permit holders free of charge; provided that no permit holder shall use any repair bay for a longer period than seven days without the written approval of the authorised officers; provided, further, that the authorised officer may authorise the use of repair bays by persons other than permit holders upon payment by such persons of a special fee of 10c per day or part thereof.
(P.N. 73/75)
16. No cradle or trailer equipped with metal tyres shall be used within the area to which these bylaws relate for conveyance of: -
(a) boats under 4,3m in length unless the wheels of the cradle or trailer are not less than 5cm in width measured between the flanges of the rim;
(b) boats 4,3 metres or over in length unless the wheels of the cradle or trailer are not less than 7,6 cm in width measured between the flanges of the rim;
(c) boats referred to in (a) and (b) above, unless the wheels are so fitted and adjusted that the whole of the width of the outer surface of the tyres shall in all normal circumstances be in direct contact with the road surface.
(P.N. 437/70; 73/75)
17. The Council may cause notices to be erected within the area to which the bylaws apply, prohibiting the doing of any act on the part of any person within such area, which is likely to cause a nuisance or interfere with the reasonable enjoyment of such area by a permit holder or the public generally or restricting or prohibiting the entry of persons within specified limits of such area.
Any person who fails or neglects to act in the manner or in conformity with any requirements indicated by a notice erected by the Council in terms of this Section or who wilfully destroys, removes, damages or defaces any such notice, shall be guilty of an offence.
(P.N. 73/75)
18. Any person who contravenes any of the provisions of these Bylaws shall be guilty of an offence and shall be liable on conviction to a fine not exceeding R200 in the case of a first conviction or in the case of a second or subsequent conviction, for the same offence, a fine not exceeding R400, or in default of payment of any fine imposed in either case, imprisonment for any period not exceeding three months.
In the case of a continuing offence, such person shall upon conviction be liable to a fine not exceeding R10 for each day upon which the contravention continues provided that no such fine shall in any one prosecution or within any one month exceed R400.
(P.N. 532/66; 73/75)
First Schedule deleted by P.N. 532/66
Second Schedule deleted by P.N 532/66