BYLAWS RELATING TO THE CONTROL OF OUTDOOR ADVERTISING

Definitions

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

"advertising hoarding" - means :-

Any screen or fence which is used or is capable of being used for, or intended for the use of posting, exhibiting or displaying any advertisement ; sign or device and includes a screen or fence enclosing a building site.

"aerial sign" - means :-

Any sign exhibited or displayed or performed in the air by the use of balloons, searchlights, aeroplanes or similar means.

"audible sign" - means :-

A sign where any type of sound wave of sound is generated.

"approved" - means :-

Approved by the Town Clerk or his duly authorised officer.

"authorised official" - means :-

An official of the Town Board to whom it has delegated a duty, function or power under these Bylaws, in relation to the exercise or performance of that duty, function or power and includes any employee acting under the control and direction of such official.

"board" - means :-

The Town Board of Mtunzini or any employee to whom Board has delegated its powers under these bylaws.

"commodities" - means :-

Goods or wares which are sold or offered for sale to the public or are exhibited or kept for that purpose.

"electrical sign" - means :-

A sign in which electrical current is used.

"group advertisement" - means :-

Combined sign consisting of more than one sign.

"officer" - means :-

a) a traffic officer or warden appointed under section 3 of the Road Traffic Act, 1958 (Act No. 7 of 1958).

b) a member of the Force as defined in section 1 (1) of the Police Act, 1958 (Act No. 7 of 1958).

c) A peace officer contemplated in section 334 of the Criminal Procedure Act, 1997 (Act No. 51 of 1977).

"outdoor advertising" means :-

Any sign as defined, visible from any street mall or walkway whether it will be erected on private land or not and whether the sign be out of doors or not.

"public place" means :-

A registered mall, passage or arcade as well as any public or private open space, whether on public or private ground.

"route sign" means :-

A sign which by means of arrows or similar symbols or letters draws the attention in the specific direction, also an animated sign.

"shopfront" means :-

The forefront of any shop or building.

"sign" means :-

Any device or article with or without characters, letters, numerals or illustrations applied thereto and displayed in any manner whatsoever in view of any street, mall or public
walkway, for the purpose of advertising or to give information regarding or to attract the public to any place, performance, article or merchandise whatsoever, and which surface or structure is attached to form part of any building or is fixed to the ground or to any pole, screen, or boarding or is in any other way displayed.

"sky sign" means :-

Any sign erected or placed on or extending above the line or parapet or in any position on the roof of a building, excluding signs painted on the roof of a building.

"temporary sign" means :-

A sign which shall be displayed for a time not exceeding thirty (30) days.

"zone" means :-

The "use zone" as defined in the Mtunzini Town Planning Scheme in course of preparation.

2. Construction of Signs :

2.1 All sign shall :

(a) comply with the requirements of the National Building
Regulations;

(b) be sturdy and constructed of a durable material;
be sufficiently anchored and supported to sustain the
loads and wind forces;

(c) be adequately drained to prevent the accumulation of water;

(d) where glass is used, be of approved safety glass, at least 3 mm thick ; and

(e) where paint is used, be painted with a good quality and weather - resisting paint which shall not be applied directly to the surface of any building but on a board or sheet of suitable durable material which then shall be securely fixed to the building.

2.2 The provisions of subsection 7.1 shall not apply to -

(a) signs exempted as in Annexure 1 ; and

(b) signs which are included in and form an integral part
of the design of a building.

3. Securing and removal of signs :

3.1 All signs shall be secured in such a manner as not to
constitute a source of danger to the public, and the owner of any sign shall, notwithstanding any licence granted to him by the Board, assume all responsibility and liability, and shall indemnify the Board against any claim which may arise in connection with such sign and shall satisfy himself that such sign is not at any time a danger or nuisance to the public.

3.2 Without prejudice to the owner's obligations as stipulated in
Clause 3.1 above, should any such sign become dilapidated, in a state of disrepair, dangerous or a nuisance, the owner thereof shall forthwith remove such sign, and failure to do so shall constitute an offence.

3.3 In the event of the owner of such sign failing to comply with the terms of a request in writing referred to in Clause 2, the Board shall remove such sign at the expense of the owner thereof. No compensation shall be payable by the Board to any person in consequence of such removal.

3.3 Any sign displayed for advertising purposes or giving information regarding the name of the occupier of, or nature of the business conducted on any premises, shall be removed
by the licensee of such sign forthwith upon ceasing to occupy such advertised premises or conducting such business.

4. Signs over Public Places :

Any person erecting or causing the erection of any sign which projects or encroaches over, or upon any public place shall be deemed for this purpose to be a tenant at the pleasure of the Board in respect of such projections and encroachments. The Board may at pleasure give notice to such person and to the owner of the building to which such sign is attached calling upon him to remove all or any of such projections or encroachments within 14 (fourteen) days of the date of such notice.

In the event of non-compliance with the terms of such notice, Board may have such projections and encroachments removed at the expense of the owner thereof. No compensation shall be payable by the Board to any person in consequence of such removal.

5. Flag advertising :

Signs in the form of flags may, on application, provided that they state only the name or symbol of the business or event advertised, or provided that they are for the temporary use of auctioneers for the period of 2 hours before the auction commences until the end of such auction.

6. Aerial signs :

Aerial signs shall only be permitted temporarily, and with the consent of the Board, obtained in accordance with the provision of these by-laws.

7. Prohibited signs :

Signs which shall NOT be permitted under any circumstances are :-

(a) A sign which, in the opinion of the Board, is improper, indecent, repugnant or of offensive nature or which may have a detrimental or harmful influence on the public or
on a particular class of persons or which would be
likely to affect injuriously the amenities or to disfigure
a neighbourhood;

(b) A sign, other than a property number, printed directly on rocks, trees, slopes or other natural phenomenon;

(c) A sign which obstructs a fire exit or other opening used as an exit or for ventilation or fire - fighting purposes, or which restricts or prevents free movement form one part of a roof to another;

(d) A sign painted on roofs of buildings;

(e) A sign which obstructs or may possibly obstruct a sign or signal used for the control of traffic; and

(f) Electrical signs;

(g) Audible or aromatic signs.

8. Areas of Special Restriction :

8.1 With the exception of exempted signs given in Annexure 1
and with the exception of the name of the building and signs displayed on delivery or public vehicles, no signs of any description shall be permitted in areas zoned : Special Residential 1 & 2.

8.2 On all buildings and sites zoned "General Residential 1 & 2, signs may be permitted provided these signs :-

(a) State only the name of the firm or business and the nature of the business conducted on the premises and may in the same size or smaller letters bear an advertisement for one commodity sold on the premises;

(b) Are in no way flashing, revolving or animated signs;

(c) Do not extend higher than 6 metres from the ground level.

8.3 No signs shall be erected or displayed on buildings on business sites in predominantly residential areas if they are :-

(a) Flashing, revolving or animated signs.

(b) In any way fixed or installed to any side or rear wall
of any building which faces a residential building.

(c) Higher than 6 metres above ground level.

8.4 Not withstanding the provisions of any of these by - laws, no sign no sign in a predominantly residential area, other than one advertising a business, the hours of trade whereof legally extended beyond 22: 00, shall be illuminated between that hour and sunrise.

9. Advertising of Commercial Products :

No person shall erect, display or maintain, or have erected, displayed or maintained, or permit to erect, display or
Page 8

maintain a sign advertising any commodity other than that which is stocked, sold, or produced in such building, and such sign shall :-

(a) Be displayed in the same size of letters and symbols, or smaller, than the name of the business ; and

(b) Advertise only three commodities.

10. Advertising Hoardings :

No advertising hoarding shall be erected anywhere within the Municipal area of jurisdiction without the prior written consent of the Board.

11. Access to Premises :

Any authorised officer employed by the Board acting in the course and scope of his duties shall have the right at all reasonable times to inspect any sign.

12. Removal of Existing Signs :

No sign which is removed for any purposes whatsoever may be re-erected unless :-

(a). The provisions of these bylaws relating to such sign
have been complied with ; and

(b). Board shall have given consent in accordance with the
provisions of these bylaws.

13. Signs Below the Height of a Canopy :

Any sign which is exhibited flat against a building below the height of a canopy or veranda or, where such does not exist, the ground floor ceiling, shall :-

(a). Be of a total area not exceeding ten percent (10 %) of
the area below the canopy, veranda or ground floor
ceiling;

(b). Not project more than 100mm over the building line if
the lowest part of such sign is below 2.5m above the
ground level.

(c). Not have letters exceeding 400mm in height ; and

(d). With the exception of temporary signs not be permitted
on any window.

14. Signs Projecting Above or Suspended Below the Roof of a Veranda Where Such Roof is Higher than the Ground Floor Ceiling of a Building :

No person shall erect or display or cause any person to erect or display any sign projecting above or suspended below a canopy or street veranda which is higher than the ground floor ceiling height of such building.

15. Signs on the Side or Rear Walls of a Building :

15.1 Any sign displayed on a side or rear wall except as
prohibited under clause 14.3 (b) and exempted sign shall :-

(a). In the case of painted signs consist only of one
advertising board or sheet for a single or combined
sign.

Page 10

(b). Be painted on a board or sheet of suitable durable
material which is fixed to the building.

(c). Be not illuminated unless it is a floodlight.

(d). State only the name of the firm and the type of
business carried out on the premises ; and

(e). Not exceed ten percent (10 %) of the wall area.

15.2 No sign shall be displayed on any boundary wall or fence facing an adjacent property or shall encroach upon such property.

16. Signs on Veranda Beams or Front of Canopies :

No person shall erect or display or cause any person to erect or display any sign on the front or side face of any canopy veranda beam, except a sign which :-

(a). Does not project above or below such structure.

(b). If the sign does not have a free height underneath the
sign of 4 metres, is not less than 460mm or 2 metres
in the case of a loading zone, of measured inwards
horizontally from a line projected vertically from the
kerb line.

(c). State the name of the firm, the nature of the business
and three commodities sold.

(d). Does not project beyond the length of the street
frontage of the premises ; and

(e). Is placed parallel and flat on the face in front or side
of such canopy or veranda beam.

17. Projecting Vertical Signs Attached to Buildings :

No person shall erect or display or cause any person to erect or display any projecting or vertical sign attached to a building unless such sign :-

(a). Protects at right angles to the building line to a
maximum of one comma five (1.5) metres provided that such sign shall also comply with the provisions of Clause 22 (b).

(b). Is at a minimum distance of four comma five (4.5)
metres from any other vertical sign.

(c). Is not less than two comma five (2.5) metres above the
sidewalk at its lowest point ; and

(d). Does not exceed 6 metres in height or project above
the parapet or eaves of such building.

18. Signs Below the Underside of a Veranda or Canopy which is at ground floor ceiling height :

No person shall suspend any sign underneath a veranda or canopy or cause any person to do so unless such sign conforms to the following :-

(a). On sunblinds the sign shall only state the name of the
firm, the type of business carried out on the premises
and one commodity stocked and sold on the premises
and shall not exceed the street front of the premises.

(b). All other signs shall -

i). Be suspended at right angles to the building line.

ii). Have a clearance space of at least two comma
five (2.5) metres from the sidewalk.

iii). Have a clearance space of at least 150mm from
the edge of the canopy or similar structure ; and

iv). Not exceed one comma eight (1.8) metres in
length.

19. Signs on Windows Above the First Floor :

No person shall display any sign on a window above the first floor level unless such sign ;-

(a). States only the name of the firm and the type of
business carried out on the premises.

(b). Consists of letters not exceeding 300mm in height ;
and

(c). Is not illuminated.

20. Projecting Horizontal Signs attached to Buildings where no Veranda or Canopy exists :

No person shall erect or maintain any projecting or horizontal sign attached to a building where no veranda or canopy exists, or cause any person to do so, unless such
sign :-

(a). Projects at right angles from the building line to a
maximum of one comma eight (1.8) metres.

(b). Is nowhere at a greater height than four comma five
(4.5) metres above the sidewalk.

(c). Has a clearance space of not less than two comma five
(2.5) metres above the sidewalk.

(d). Is not less than 460mm measured inwards horizontally
from a line projected vertically from the kerbline.

21. Free Standing Signs :

21.1 Any free standing sign :-

(a). Shall be of constructed durable material.

(b). Shall at its lowest point be no less than one comma five (1.5) metres above ground level.

(c). Shall at its highest point be no more than two comma one (2.1) metres above ground level ; and

(d). Shall not have any one face with an area exceeding 2 square metres.

21.2 No person shall erect more than one free standing sign on a site.

21.3 A free standing sign at a business may be placed on a base which has been designed and erected to the satisfaction of the Board.

22. Group Advertisement :

Any free standing group advertisement :-

(a). Shall be of constructed durable material.

(b). Shall only be erected on a site approved in writing by
the Board.

(c). Shall at its highest point not be more than 3 metres
above ground level ; and

(d). Shall not have any face with a total area exceeding 2
square metres.

23. Temporary Signs :

A temporary sign in connection with the advertising of a
religious, sporting, educational, cultural, or charitable event or
gathering or any exhibition may be displayed provided that
such sign :-

(a). Is made of approved material.

(b). Is displayed for a period not exceeding 30 days.

(c). May only be displayed on the poles or apparatus at the place which has been approved by the Board prior to erection.

24. Temporary Signs for the Sale or Lease of Property :

24.1 A temporary sign in connection with the sale or lease of movable or immovable property, the execution of works or the provision of services, may be displayed within view of a street or premises, provided that such display is carried out -

(a). That any such sign may be erected either within the owner's boundary or on the municipal verge provided that, in such case, the sign shall be erected no more than 2 metres from the boundary of such property.

24.2 That any property for sale in the Mtunzini Town Board area, a maximum of two for sale signs may be erected either by the owner or by any estate agency on behalf and at the instance of such owner.

24.3 A temporary sign, as contemplated in sub-clause 30.1, shall :-

(a). Not be larger than 500 mm x 500 mm and at its
highest point shall not be higher than two comma five
(2.5) metres above the ground.

(b). Not have letters, figures or symbols larger than 150mm.

(c). That any estate agency may erect on any property sold
by them a "sold" board for a period of thirty (30) days
from the date of the sale (a sale date being the date of
fulfilment of all suspense conditions of sale), provided
that such board shall comply with the requirements as
set out in (a) or (b) above.

(d). That, in the event of any contravention of the
provisions of Clauses 1, 2, 3 and 4 above, all boards
displayed on properties shall be removed by the Town
Board and any agents wishing to reclaim their boards
shall pay a fine in respect thereof in the sum of
R 20.00 per board.

(e). It shall not be incumbent upon the Town Council to mediate or regulate which estate agencies are entitled to display any board on any property.

25. Direction Signs :

25.1 The Board may permit direction signs on application by licensed graded hotels, religious bodies and societies, sport, educational, cultural or charitable organisations. Such signs shall be permitted by Board at such places, for such period, at such rental and on such terms as may be agreed upon.

25.2 Except as set forth in Clause 25.1, no direction signs other than temporary direction signs shall be erected. Application for such temporary direction signs shall clearly indicate :-

(a). The duration and place thereof.

(b). The number of signs displayed.

(c). The matter to be advertised.

25.3 Only signs directing the public to unusual occasions of public or cultural interest shall be permitted. Such signs may not

be displayed longer than seven (7) days prior to or forty - eight hours after the occasion.

26. Signs Alongside Roads and Streets :

Notwithstanding the provisions of these bylaws, no person
shall display or permit to be displayed a sign alongside a
road or street to advertise the sale or letting of fixed
property or to advertise the fact that such property has been
sold; provided that this restriction shall not be applicable in
respect of any sign which :-

(a). Is erected on a Saturday, Sunday or public holiday for the duration of two (2) or more such days.

(b). Is not larger than nil comma five five (0.55) square metres.

(c). Displays directions to what is normally known as a show house.

(d). Does not obstruct vehicle or pedestrian traffic or obstruct the vision of vehicle drivers or pedestrians.

(e). Is not supported on a stick, pole or the like which is driven or buried in the ground.

27. Signs on Shop Fronts :

27.1 Painted signs on shop fronts shall bear only the name and nature of the business and a maximum of three (3) trade names ; provided that the letters, symbols or area of the trade name shall not be larger than the name of the business.

27.2 The surface area of the signs on shop fronts shall not exceed ten percent (10 %) of the surface area of such shop front.

28. Seizure of Signs :

The Board may, without prejudice of the provisions of these
bylaws, seize any sign or temporary sign erected or displayed
contrary to the provisions hereof provided that :-

(a). The owner of such sign or his authorised agent may within fourteen (14) days from the date of seizure apply in writing to the Board for the return of the sign if such owner or person undertakes to pay the predetermined cost or the cost of removal of such sign whichever amount is the highest.

(b). The Board may after expiry of the said period destroy such sign or dispose thereof at will.

(c). Neither the Board, nor its duly authorised officer shall be liable for any compensation whatsoever which may result from the seizure, destruction or disposal of such sign.

29. Offences and Penalties :

Any person who contravenes or fails to comply with any
provision of these bylaws or any order or notice lawfully
issued thereunder, shall be guilty of an offence and liable on
conviction to a fine not exceeding R 300.00 and in the case
of a successive or continuous offence to a fine not exceeding
R 5.00 for every day during which such offence continues.

Annexure 1

Areas of Special Restriction :

A sign measuring a maximum of 0.5m² may be erected on
properties in the Special Residential 1 & 2 zones where
Special Consent has been granted by Mtunzini Town Board
to conduct certain commercial activities.