Municipal ParkingGround Bylaws

P.N. 218/1965 SECTION I.8

Definitions

1. (1) In these Bylaws unless the context otherwise requires:

"Council" means the City Council of Durban.

"Parking Bay" means an area within the boundaries of a parking ground demarcated by parking lines for the accommodation of one motor vehicle.

"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 upon which is visibly recorded the date of issue and time of expiry of such coupon.

(P.N. 149/84)

"Parking Ground" means any area of land under the control of the Council, not forming part of a public road which is set aside by the Council for parking of motor vehicles by members of the public and at the entrance or entrances to which a notice or notices have been posted by the Council describing the said area of land as a municipal parking ground.

"Parking Meter" means a mechanical appliance or device designed for the purpose of automatically measuring and indicating the time within which a vehicle may be parked in a metered parking bay.

"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 No. 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 Parking Ground for a period of time.

(2) The words and phrases defined in the Road Traffic Ordinance No. 26 of 1956 as amended from time to time shall, when used in these Bylaws, bear the same meanings unless inconsistent with the context.

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 changeroom facilities or prescribes different standards for such facilities.

(M.N. 43/92)

Parking Hours

2. Subject to the provisions of these Bylaws the Council may in its discretion permit the parking of such classes of vehicles at it may determine, on a Parking Ground during the hours when such parking ground is open for parking. The permitted classes of motor vehicles and the opening hours shall be set out in a notice posted by the Council at the entrance to such ground; provided that, notwithstanding the existence of a notice posted on a parking ground prescribing the hours during which parking will be permitted, the Council may by notice exhibited on such parking ground, close such ground or a portion thereof for the parking of vehicles either permanently or for a period stated in such notice. It may also, by notice reserve portions of the ground for the parking of Municipality owned vehicles or vehicles used by Members of its staff on the business of the Council.

Removal of Vehicles at Close of Parking Hours

3. No person having control or charge of any vehicle shall park such vehicle to remain on any parking ground or portion thereof which has been closed in terms of the provisions of Bylaw 2 hereof, or at any time other than during the prescribed hours for the parking of vehicles on such ground or park thereon any vehicle which is not of the class or classes which may use the parking ground for parking as prescribed in the notice erected at the entrance to such ground.

Fees for parking

4. The fees payable for parking on a parking ground shall be in accordance with the tariff prescribed in the First Schedule to these Bylaws.

Payment of Charges for Parking

5. (1) Where the parking accommodation provided does not consist of metered parking bays, any person parking a vehicle on a parking ground shall subject to the provisions of subsection (5) below and section 5A(3)(a) at the time of parking such vehicle, pay to the Council's authorised attendant, the prescribed fee which shall entitle such person to park such vehicle on the parking ground on the day in question for the prescribed period covered by the fee.

(P.N. 299/83; 149/84)

(2) Unless there has been issued in respect of such vehicle a monthly permit under the proviso to section 5A(2) or a monthly ticket in terms of section 5A(3)(a), the attendant at such ground shall, on payment of the charge issue to the person parking a vehicle on the ground, a ticket on which shall appear a distinctive number and the charge paid in respect of such parking; and no person shall remove any vehicle until he shall have produced to the authorised attendant the ticket issued in respect of that vehicle: Provided that in the event of inability to produce the ticket, the attendant may permit the person desiring to do so remove the vehicle upon being satisfied that the person concerned is the owner or authorised by the owner to use the vehicle.

(P.N. 299/83)

(3) Where a vehicle in respect of which a parking fee has been paid is not removed within the prescribed period for which payment has been made, no person shall remove such vehicle unless and until he has paid to the authorised attendant the further fee which is then due for each prescribed period or portion thereof during which the vehicle has remained at the parking ground after expiry of the first prescribed period for which it was parked notwithstanding the fact that he has presented the ticket issued in respect of the parking of such vehicle.

(4) (a) Where the parking accommodation provided consists of metered parking bays any person parking a vehicle on such metered parking bay shall forthwith at the time of parking such vehicle, deposit or cause to be deposited in the parking meter installed at such bay, the prescribed coin or coins for the prescribed period of time during which he desires to park his vehicle in such bay and shall set the meter in operation, either by the insertion of the prescribed coin or, where applicable, in accordance with the instructions appearing thereon. Thereupon the metered parking bay may be lawfully occupied by the vehicle for the period indicated on the parking meter but no longer; provided that the person having control or charge of the vehicle may, without payment, park the same during such time (if any) as may be indicated on the parking meter as being unexpired from its previous use.

(P.N. 295/82)

(b) It shall be unlawful to park any vehicle or cause or allow any vehicle to be parked in a metered parking bay continuously for more than one period as indicated in the parking meter concerned, provided that any unexpired time from a previous use utilised in terms of the proviso to paragraph (a) shall be disregarded for the purpose of this paragraph.

(P.N. 673/69)

(c) No person having control or charge of a vehicle shall cause, allow or permit such vehicle to be or remain parked in any metered parking bay while the indicator of the parking meter installed thereat shows that the time has expired or that the parking meter has not been set in operation either by the insertion of the prescribed coin or, where applicable, in accordance with the instructions appearing thereon.

(P.N. 295/82)

(d) Where a parking meter cannot be set in operation despite compliance or attempted compliance with the procedure prescribed in paragraph (a), no driver or person in charge of any vehicle shall cause, allow, permit or suffer such vehicle to be or remain parked in the metered parking bay at which the said parking meter is installed for a continuous period exceeding the period which was indicated by the indicator of the parking meter when such vehicle was parked in the said parking bay; provided that if the said indicator shows that the time has expired or that the parking meter has not been set in operation, or if a hood has been placed over the parking meter by an official authorised by the Council to enforce the provisions of these bylaws, such hood bearing a road traffic sign R9 (on a scale reduced to one-sixth of that prescribed in regulation 161(1) R9 published under Provincial Notice 681 of 1966), no such driver or person shall cause, allow,permit or suffer such vehicle to be or remain parked in the said metered parking bay.

(P.N. 295/82)

(e) No person shall damage, disfigure or misuse any parking meter or interfere or tamper or attempt to interfere or tamper with the working operation of mechanism of any parking meter.

(f) No person shall deposit or cause to be deposited in any parking meter anything whatever other than the prescribed coin or coins and no person shall operate or attempt to operate any parking meter by any means other than as prescribed in these Bylaws.

5. 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.

6. (a) A coupon obtained in terms of subsection (5) 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.

7. (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 (5)(b);

(ii) after the coupon obtained in terms of subsection (5)(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 subsection (5)(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.

8. 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 (5)(b) shall be presumed to have been caused or allowed to remain therein in contravention of sub-section (7)(a)(i) until the contrary is proved.

(P.N. 149/84)

Fringe Parking Grounds

5A (1) In the case of a parking ground which is designed as a fringe parking ground in the First Schedule to these Bylaws, payment of the prescribed fee shall entitle the holder of a ticket issued in terms of section 5(2) on presentation of the coupon issued in conjunction with such ticket to the driver or conductor of any public motor vehicle of the Council for the transportation of passengers to travel thereon from the fringe parking ground to the terminus of that vehicle in the centre of the City and return, and the exercise of such right shall be subject to the provisions of the Transport Bylaws. (P.N. 536/70; 20/81)

(2) Upon payment of the fee prescribed for parking in a fringe parking ground, that portion of the ticket issued which is designated for that purpose shall be displayed upon the vehicle to which it relates, by the person having control of such vehicle so that its distinctive number is readily legible from the outside of the vehicle; provided that where a person wishes to secure parking on a monthly basis for a number of unspecified vehicles he may, at the discretion of an authorised officer of the Council, and upon payment of the appropriate monthly fee for that number of vehicles, be issued with a permit for that number in lieu of a ticket referred to in section 5(2) in respect of each vehicle, in which event the provisions of this subsection shall not apply; provided further that the provisions of subsection (3)(a) shall apply in respect of the said vehicle as if such permit were a monthly ticket.

(P.N. 299/83)

(3) (a) Notwithstanding anything hereinbefore contained a monthly ticket entitling the holder, when it is displayed in the manner prescribed in subsection (2) on the vehicle in respect of which it is issued, to park such vehicle daily, subject to parking space being available, except after 1.00 p.m. on Saturdays and except Sundays and Public Holidays, in any fringe parking ground for which a monthly fee has been prescribed in the First Schedule, may be issued on payment of the prescribed monthly fee.

(b) Where the monthly fee is prescribed to be inclusive of bus fares there shall be issued to the holder referred to in paragraph (a) above, a token or coupon entitling him on presentation thereof daily, except after 1.00 p.m. on Saturdays and except Sundays and Public Holidays, to use the travel facilities set out in subsection (1).

(P.N. 314/73)

(4) Notwithstanding anything hereinbefore contained every vehicle parked in the Durban Drive-in Fringe Parking Ground shall be removed therefrom by not later than 18h00 on the day on which it was so parked, failing which such vehicle shall not thereafter be removed therefrom until permission for such removal has been granted by the person having lawful control of the premises upon which the said parking ground is situated, which permission shall be withheld until payment is made of the fee prescribed in the First Schedule.

(P.N. 635/77)

(5) The provisions of subsections (5), (6), (7) and (8) of section 5 shall apply mutatis mutandis to a fringe parking ground; provided that when a parking coupon vending machine has been installed in such a ground, the provisions of subsection (1) and (2) of this section shall not apply.

(P.N. 149/84)

Method of Parking

6. (1) Where parking bays have been demarcated in a parking ground no person having control or charge of a vehicle shall park such vehicle.

(a) in any place on the parking ground which is not a demarcated parking bay unless instructed to do so by a policeman or the authorised attendant at such ground;

(b) in a parking bay across any painted line marking the bay or in such a position that the said vehicle shall not be entirely within the area demarcated as a parking bay;

(c) in a parking bay which is already occupied by another vehicle.

(2) (a) No person shall upon a parking ground carry on any business, trade or calling or perform any act in connection therewith and any person using a parking ground shall do so in a way which will avoid obstruction or inconvenience to other users of the ground, and shall comply with any instruction which may given by a member of the Police or any authorised attendant employed by the Council, when parking or removing his vehicle and shall observe and comply with any traffic or other signs, notices or surface markings which may be placed or displayed on such ground for the purpose of directing and regulating vehicles using the parking ground or the entrances thereto or the exists therefrom and in particular, but without derogating from the generality of the foregoing, no person shall park a vehicle on a sidewalk or a roadway within a parking ground.

(P.N. 200/69; M.N. 64/82)

(b) No person shall obstruct, hinder or in any way interfere with any member of the police or authorised servant of the Council in the exercise of his duties under these Bylaws.

Negligent and Dangerous Driving Prohibited.

7. No person shall, on any parking ground, drive any vehicle negligently or in a manner dangerous to the public or to any other vehicle.

Unauthorised Persons not to Enter Parking Ground or Interfere with Parked Vehicles.

8. (1) No unauthorised person shall enter or be on any parking ground otherwise than for the purpose of parking thereon a vehicle or removing therefrom a vehicle in respect of which he has paid the prescribed parking fee; provided that this section shall not apply to a person in the company of a person so parking or removing a vehicle.

(2) No unauthorised person shall, on any parking ground, without reasonable cause or without the knowledge or consent of the owner or person in lawful charge of a vehicle, in any way interfere or tamper with the machinery, accessories, parts or contents of the vehicle.

Council not Liable for Damage to Vehicles.

9. The Council shall in no way be liable for the loss of or damage howsoever caused, to any vehicle, or any accessories or contents of a vehicle which has been parked in a parking ground.

Damage to Council's Notices.

10. No person shall remove, mutilate, obscure or in any manner, damage or interfere with any notice, notice-board, sign or any other thing place by the Council on any parking ground.

Persons Parking to be Bound by these Bylaws.

11. (1) Any person parking a vehicle on a parking ground and any person having control or charge of a vehicle parked on a parking ground, shall, by reason of such parking be deemed to have agreed to be bound by the terms and conditions of these Bylaws.

(2) For the purpose of these Bylaws the person in whose name the vehicle using a parking ground is licensed shall be deemed to be the person having control or charge of such vehicle unless and until he shall prove to the contrary.

Deposit of Parcels.

11A. (1) Where the Council has established at a parking ground a depot at which any article may be deposited for collection by the owner thereof or the person entitled thereto, the acceptance and delivery of such articles shall be controlled by means of tickets, each comprising two detachable parts on each of which parts shall be printed the same distinctive number, which tickets may be obtained free of charge on request by members of the public from the Council.

(2) An article shall not be regarded as having been deposited in a depot in terms of these By-laws until it has been deposited with an official in charge of the depot, hereafter referred to as "an official", and the provisions of sub-section (3) have been complied with.

(3) When an article is deposited with an official one part of a ticket as aforesaid shall be affixed thereto whereafter the article shall be delivered only to a person who produces the corresponding other part of the ticket: Provided that the article may be delivered without the surrender of such part to a person who satisfies an official that it is his or that he is entitled to receive it and who signs an indemnity in the form prescribed in the Second Schedule, indemnifying the Council against any claim by any person directly or indirectly connected with or arising out of the aforesaid delivery of the article, and delivery to such a person shall be deemed for all purposes to be delivery to the owner of the article or to the person entitled to receive it.

(4) An official may in his discretion refuse to accept an article by reason of its weight or size, because it is offensive by reason of its condition, appearance or smell or because he has reason to believe that it is a danger to the public health, to the safety of persons or to property.

(5) An article that is not claimed within six weeks of the date of its deposit may be sold by the Council in such manner as it may deem fit and the proceeds used to defray the costs of sale including any costs incurred in advertising the sale.

(6) Any surplus proceeds of a sale as referred to in sub-section (5) shall be paid to the person who produces the second part of the ticket or complies with the provisions of sub-section (3); Provided that if no person produces the said part or complies with the said sub-section (3) within six months of the day of deposit of the article, the said surplus shall be forfeited to the Council.

(7) Notwithstanding anything to the contrary in these By-laws contained, any article which by reason of its perishable nature or for any other reason has become offensive or a source of annoyance to persons using the depot or a danger to the public health may be forthwith destroyed or otherwise disposed of by an official.

(8) The Council shall not be liable for the loss of or any damage to any article, however caused, deposited in terms of these By-laws.

(9) No article made of or containing any substance or thing which is of an inflammable, dangerous or offensive nature or injurious to health shall be deposited in a depot and an official shall refuse to accept any article which to the best of his knowledge and belief is such as is in this sub-section described.

(10) An official who suspects that an article is of the kind described in sub-section (9) shall require the depositor to satisfy him that the article is not of that kind and shall, if not so satisfied, refuse to accept it.

(11) If an official, after the deposit of an article, suspects that it is of the kind described in sub-section (9) he may open or otherwise examine it in the presence of another employee of the Council and if satisfied that it is of such a kind may at the owner's expense take reasonable steps, including the destruction of the article, to ensure that it ceases to be a source of danger or offence.

(12) No live animals or birds shall be deposited in a depot.

(13) For the purpose of this section the word "article" shall embrace both a parcel and an unwrapped article.

(P.N. 459/68)

Offences and Penalties

12. (1) 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

(c) fails to comply with the terms of any notice served upon him in terms of these bylaws,

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 (1)(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. 497/66; 366/83)

Repeals

13. Bylaw 21 of the Durban Corporation Transport Bylaws published under Provincial Notice No. 112 of 1939, as amended, is hereby repealed with effect from the date of promulgation hereof.

Parking accommodation in any municipal parking ground established by the Council may be used in terms of the Bylaws for the parking of motor vehicles on payment of the fees specified hereunder for the periods specified hereunder. In the case of metered parking bays the fees shall be paid by depositing prescribed coins of the specified kind in the parking meter installed thereat.

R2,00 per hour within that area bounded by and including both sides of Victoria Embankment, Alexandra Street, Smith Street, Warwick Avenue, Centenary Road, Dartnell Crescent, Epsom Road, Umgeni Road, Old Fort Road, Walnut Road, Commercial Road, Pine Street, Brickhill Road, Point Road, Smith Street, Cato Street and Victoria Embankment and R1,00 per hour in all areas other than that described above.

(P.N. 314/73; 439/75; M.N. 126/77; 180/77; 229/80; M.N. 197/82)

I, the undersigned, (full names) residing at and *employed/carrying on business at being the *owner/person legally entitled to possession of the *parcel/article described hereunder and deposited at the by on date in the custody of the City Council of Durban and being unable to produce the ticket in terms of the said Council's Municipal Parking Ground By-laws in respect thereof, do herby indemnify and hold harmless the said Council against any claim for damages and any other action or proceedings at law directly or indirectly connected with or arising out of the delivery to me by the said Council of the said *parcel/article that may be brought by any person against the said Council and against all costs incurred by it in opposing, defending or settling any such claim, action or proceeding in its sole discretion inclusive of attorney and client costs.

Dated at Durban this day of 19 ; in the presence of the undersigned witnesses:

1.

2.

Nature of Contents

Name of Depositor

Ticket No.

*Delete inapplicable words.

(P.N. 459/68)