First SChedule (Section 14)
Matters to be considered for city status
1.The size and density of the population, taking into account the proportion of the population living in flats, private homes, etc.2.The extent to which the municipality provides employment opportunities for inhabitants of the municipal area and surrounding areas and the range and variety of employment opportunities provided.3.The total valuation of property as shown in the valuation roll and the ratios of the values of industrial, commercial and residential property.4.The extent to which the municipality caters for the requirements of the community by the provision of such local services as fire-fighting services, ambulance services, public parking, etc.5.The extent of the influence of the municipality as a national centre for—(d)agricultural purposes;(e)administrative purposes;6.The extent to which the municipality is a centre for—(a)State services, such as law courts, police stations, prisons, etc.;(b)road, rail and air communications;(c)postal and telecommunication services;(d)the dissemination of information by means of radio, television, newspapers and magazines;(e)tourism and tourist facilities, including hotels, motels and caravan parks.7.The standard of marketing and shopping facilities and the range of specialist, professional, banking and other financial services provided.8.The extent, quality and variety of—(b)educational facilities;(c)recreational facilities; provided.9.The historical associations, length of existence and geographical importance of the centre.10.The armed forces stationed in or around the municipal area.11.The religious significance of the centre.12.The growth rate of the municipality with reference to population, valuation of buildings, commercial and industrial facilities and other provisions.Second Schedule (Section 198)
Arrangement of powers
1. Land, buildings and works.
(1)Subject to subsection (3) of section one hundred and fifty—(a)to lease, erect or acquire any buildings or other improvements on land inside or outside the council area for the purpose of exercising or carrying out any function conferred or imposed on the council by or under this Act or any other law;(b)to lease or acquire by purchase, exchange or donation or to erect dwelling-houses for the occupation by employees of the municipality or town and to lease such dwelling-houses to such employees without compliance with section one hundred and fifty-two.(2)To acquire immovable property at a sale in execution, in pursuance of any judgment obtained by the council.(3)To construct any works for a purpose which the council is authorized by or under this Act or any other law to carry out.(4)To renovate, keep in repair, improve, develop, alter and maintain any roads or property under the control of the council, whether situated inside or outside the council area.2. Open spaces
To provide, lay out, adorn and maintain any open space under the control of the council.3. Recreational facilities
(1)To provide on land under the control of the council and operate parks and other facilities for recreation, swimming or other sports, bathing, camping and caravanning and to do all things necessary or desirable in connection with the provision or operation of such facilities, including the provision of premises for the sale of food and drink.(2)To let, subject to section one hundred and fifty-two, such facilities as are referred to in subparagraph (1) or any portion thereof or rights therein to any person, club or other body of persons.4. Showgrounds
To provide, inside or outside the council area, showgrounds and facilities connected therewith and to do all things necessary or desirable with regard to the provision of such showgrounds and facilities.5. Trees
To plant, cultivate, trim or remove trees or shrubs on land under the control of the council and to trim or remove roots or branches which interfere with or are likely to interfere with any water main, electricity line, public or private drain or other works of the council.6. Conservation of natural resources
To take measures for the conservation or improvement of natural resources.7. Cultivation and farming
To cultivate and farm land owned by the municipality or town which is not required for other purposes.8. Grazing
To permit the grazing of stock on land under the control of the council.9. Clearing of land
To enter with the consent of the Secretary of the Ministry responsible for the administration thereof, upon any State land or, with the consent of the owner or person who has the charge or control thereof, upon any other land, and to clear or render such State or other land free from any growing or standing crop, vegetable, rubbish or other offensive or unwholesome matter or thing which—(a)is being or has been cultivated, grown or accumulated on the land without the consent of the State or owner or person who has the charge or control, as the case may be; or(b)constitutes or is likely to constitute a fire hazard or a danger to public health or to the natural resources of the council area or is unsightly.10. Stock pens and dip tanks
To provide stock pens and dip tanks inside or outside the council area and to operate them.11. Slaughter-houses
To provide, inside or outside the council area, and operate public slaughter-houses, cold storage chambers and depots for the inspection of game and other carcasses.12. Markets and agricultural produce
(1)For the purposes of this paragraph— “agricultural produce” means—(a)fresh fruit, fresh vegetables, eggs, cheese, butter or any other dairy produce;(b)honey, home-made preserves or home-made chutney;(c)flowers, seeds, seedlings, bulbs, plants, cuttings or trees;(d)the flesh or offal of any animals or poultry or any fish intended for human consumption;(e)any other produce declared by the Minister, by notice in the Gazette, to be agricultural produce for the purposes of this paragraph;but excludes any tinned product.(2)To provide, inside or outside the council area, and operate facilities for the inspection, grading, storage and treatment of agricultural produce and to undertake any service for improving the marketing of such produce.(3)To provide markets for the sale of agricultural produce, and carry on the business of dealing with agricultural produce at such markets or from mobile vans or other vehicles.(4)To let, on such terms and conditions as the council may determine, portions of such markets or stalls in such markets for—(a)the carrying on therein of the business of a cafe or restaurant; or(b)the sale by retail of agricultural produce; or(c)office accommodation for market agents; or(d)any other purpose approved by the Minister.13. Sale of products
To sell any products or by-products resulting from the carrying on or operating of any of the works or undertakings which the council is authorized to carry on or operates.14. Conduct of liquor undertakings
Subject to the Liquor Act and the Traditional Beer Act , with the approval of the Minister, to hold any licences or permits in terms of those Acts and to engage in any activity authorized by such licences or permits.15. Manufacture and sale of mahewu
To manufacture the drink commonly known as mahewu or maheu and to sell it in any premises in respect of which the council holds a licence or permit in terms of the Liquor Act or the Traditional Beer Act .16. Application of controlled liquor moneys
Subject to the Traditional Beer Act to engage in any activity or do any thing in order to give effect to any purposes for which controlled liquor moneys as defined in section 2 of that Act may be applied in terms of that Act.17. Charges
(1)Subject to subsection (5) of section two hundred and eighty-two, to make charges in respect of certificates, licences or permits issued, inspections carried out, services provided or any act, matter or thing done by the council in terms of this Act, including the requiring of a deposit in connection with any services provided by the council.(2)In making charges in the exercise of the powers conferred by subparagraph (1) different charges may be made in respect of different certificates, licences or permits, inspections, services or other acts or different classes thereof.(3)Subject to such conditions as the Minister, after consultation with the Minister responsible for the administration of the Electricity Act may approve, to levy surcharges on charges to consumers in respect of electricity supplied to premises within the council area.18. Plant and machinery
To hire or acquire vehicles, plant, machinery and equipment for the purpose of carrying out any function conferred or imposed on the council by or under this Act or any other law.19. Roads, bridges, dams, etc.
(1)Subject to any other law, to provide and maintain roads, bridges, canals, reservoirs, dams, water courses, furrows and culverts.(2)Roads, including bridges and culverts, may be provided and maintained in terms of subparagraph (1) outside the council area—(a)for access to or in connection with any facility or amenity provided or operated by the council; and(b)either solely by the council or jointly with any other local authority or with the State or any statutory board.20. Decorations and illuminations
To provide and operate decorations and illuminations of roads and buildings.21. Advertising hoardings
To provide advertising hoardings on property under the control of the council and to hire out space on such hoardings.22. Public conveniences
To provide public sanitary conveniences on land under the control of the council.23. Effluent or refuse removal and treatment
(1)To provide and operate a service for removing and treating trade or other effluent, refuse and human waste for the council area or any portion thereof and to make the use of the service compulsory.(2)To provide and operate a cleansing service for sewerage installations on private premises.24. Control of pests
To make measures to control or exterminate insects, pests and vermin.25. Hospitals and clinics
Subject to any other law, to provide and operate hospitals, clinics and dispensaries and to take any measures or provide any facilities which the council considers necessary for the maintenance of health, including dental health.26. Ambulances
To provide and operate an ambulance service inside or outside the council area27. Crèches
To provide and operate crèches.28. Maternity and child welfare services
To provide, operate or carry on services for the care and welfare of newly-born infants and for the giving of advice, guidance and instructions to expectant mothers and mothers of newly-born infants.29. Family planning services
To provide and operate or carry on services for family planning.30. Charitable institutions
To provide and operate public institutions or services for aged persons or mentally or physically handicapped persons or for any other charitable purpose or public orphanages.31. Maintenance allowances
To provide maintenance allowances for aged persons, mentally or physically handicapped persons, orphans and indigent persons.32. Funerals
To provide funerals for indigent persons.33. Grants to charities, sports, etc.
(1)Subject to subparagraph (2), to make grants of money or loans for the establishment, maintenance or support of—(a)any organization or institution which is performing a function which the council itself is, by this Act or any other law, permitted to perform; or(b)institutions such as—(i)associations for the education of the public in road safety measures; or(ii)operatic, orchestral and dramatic societies, scientific, literary and musical institutions, including institutions providing lectures on scientific, literary and other subjects; or(iii)registered welfare organisations; or(c)agricultural societies; or(d)sporting or recreational bodies; or(e)organizations for the protection of adults, children or animals against accident or cruelty; or(f)organizations providing instruction in first aid, home or district nursing or any other matter relating to public health; or(g)organizations for the education, welfare or recreation of members of the Defence Forces, students and school-children, including such movements as the Boy Scouts and the Girl Guides Associations; or(h)prizes for schools or school-children; or(i)prizes for training in defence of Zimbabwe; or(j)measures for the relief of persons suffering from any disaster or widespread calamity; or(k)the National Arts Council of Zimbabwe; or(l)the National Trust of Zimbabwe; or(m)the Trustees of the National Museums and Monuments in respect of the acquisition, restoration or maintenance of historical properties within the council area; or(n)any university or college or any institute of adult education, whether inside or outside Zimbabwe, which is approved by the Minister responsible for education; or(o)bursaries for students at institutions, whether inside or outside Zimbabwe, approved by the Minister responsible for education.(2)A council shall not make any grant or any loan in the exercise of the powers conferred by subparagraph (1) to an institution or organization which is conducted for profit or gain for any person, whether as a shareholder of a company or otherwise.34. Grants to local authorities
To provide grants to other local authorities.35. Educational institutions
To provide, operate and maintain schools and other educational institutions and facilities and amenities connected therewith, and for such purposes to levy and collect fees and other charges.36. Youth Centres
To provide and operate youth centres and facilities or amenities connected therewith.37. Employment bureaux
To provide and operate employment bureaux.38. Libraries, museums, theatres, public halls, botanical and zoological gardens
To provide and operate—(a)public libraries, museums, including fine arts museums, and art galleries; and(b)theatres, public halls and public lecture rooms; and(c)aquaria and botanical and zoological gardens;and facilities or amenities connected therewith and to hire out the facilities referred to in subparagraph (b).39. Orchestras and bands
To provide and maintain orchestras or bands and to hire them out.40. Aerodromes and helicopter stations
To provide, maintain and operate aerodromes and helicopter stations and facilities connected therewith.41. Boats
To provide, inside or outside the council area, and operate boats and boating establishments.42. Publicity
To advertise and give publicity to the amenities, attractions and advantages of the council area and the district in which it is situated.43. Public entertainment
To incur expenditure necessary for the provision and acceptance of civic hospitality, civic presentations and civic courtesies and towards religious services, receptions, commemorations, celebrations, conferences, congresses, entertainments and functions of a civic, public or national character and to defray the expenses of the representation of the council on any such occasion.44. Congresses
To incur expenditure in connection with—(a)the representation of the council at any congress or conference; or(b)any deputation appointed by the council or on which the council is represented.45. Courses for councillors and employees
To provide, operate, support, promote or participate in courses of instruction, seminars and lectures for the purpose of improving the ability of councillors and employees to carry out their functions.46. Subscriptions to associations
To pay subscription fees to associations established to protect the interests of councils or render advice and service to councils.47. Travelling expenses
(1)Subject to subparagraph (3), to pay to councillors, employees of the council, members of the committees of the council and persons representing the council such sums as may reasonably be necessary to cover travelling and subsistence expenses while on the business of, or representing, the council.(2)Subject to subparagraph (3), to pay to persons interviewed for appointment to employment of the council or travelling to take up employment with the council such sums as may reasonably be necessary to cover the travelling and subsistence expenses incurred by those persons in connection therewith.(3)Sums paid in terms of subparagraph (1) or (2) shall not exceed such amounts as the Minister may prescribe.48. Loans to employees for transport
To provide loans for employees of the council to enable them to purchase motor vehicles necessary for the performance of their duties.49. Insurance
To insure, either through the funds of the municipality or town or through underwriters—(a)against loses, damages, risks or liabilities the municipality, town or council may incur; and(b)councillors, members of committees, employees of the council and persons representing the council against any risk, while engaged upon the business of the council or otherwise.50. Mementoes
To present mementoes, including civic regalia, to past mayors, past mayoresses and aldermen of the council.51. Coats of arms and seal
To adopt a coat of arms or a seal or both, which may be altered from time to time, and determine the use thereof.52. Freedom of the municipality
To confer the freedom of the municipality upon such persons or bodies as the council may consider worthy thereof.53. Monuments, statues and relics
(1)To provide public monuments and statues on land acquired, leased or set aside for the purpose.(2)To undertake and carry on any scheme or work for improving facilities or amenities for the public in connection with any land or thing under the control of the council which is a monument or national monument or relic in terms of the National Museums and Monuments Act :Provided that no work shall be undertaken in terms of this subparagraph without the consent in writing of the Director appointed in terms of section 14 of that Act and in accordance with such requirements as he may stipulate.54. General
Generally to do all such things, whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights, as are calculated to facilitate or are incidental or conducive to the performance of the functions of the council or the exercise of the powers specified in this Schedule or which are calculated directly or indirectly to enhance the value of or to develop the operations or property of the council, municipality or town, as the case may be.Third Schedule (Sections 102, 145(1), 227 and 232)
Matters in respect of which Council may make by-laws arrangement of matters
Part I – General
1. Control of any service, institution or thing
The regulation of any service, institution or thing which the council is empowered to operate, carry out or do.2. Control of collections
The prohibition, regulation or licensing of collections for the purpose of obtaining money or goods, and the prohibition of persons from so collecting without the consent of the council.3. Inspections
The regulation of any inspections or tests that may be carried out by or on behalf of the council.4. Fees
(1)Providing a tariff of fees that may be charged by the council for any inspection carried out or service provided or any act, matter or thing done by the council in terms of this Act, including the requiring of a deposit in connection with the services provided by the council.(2)Fixing a scale of fees that may be imposed by the council in connection with the costs reasonably incurred in carrying out the removal, safe custody or disposal of, or in arranging for such removal, safe custody or disposal of, vehicles left or abandoned in the circumstances mentioned in paragraph 26 of the Third Schedule to the Road Traffic Act .(3)Fixing a scale of surcharges which may be imposed by the council for the use of water at a time when water is rationed or regulated under paragraph 69.5. Offences and penalties
Providing for offences in respect of contraventions of by-laws: Provided that no such penalty shall exceed a fine of level five.Part II – Proceedings of the Council and financial matters
6. Proceedings at meetings
The regulation of the proceedings and the preserving of order at meetings of the council and the committees thereof, including provision for the suspension and exclusion of a councillor or a member of any such committee who disregards the authority of the chair or wilfully obstructs the business of the council or any committee thereof.7. Disclosure of documents and publication of proceedings
(1)The prohibition or regulation of the disclosure of documents and records of the council.(2)The prohibition or regulation of the publication of the proceedings of any committee of the council or of the council whilst in committee.(3)The punishment by suspension of a councillor or any member of a committee who is guilty of a breach of any by-laws in relation to a matter specified in subparagraph (1) or (2).8. Financial
The regulation of the manner in which the finances of the council shall be controlled, including, without derogation from the generality of the foregoing, provision for—(a)ensuring the proper collection of income and the control of banking accounts and regulating the procedure for authorizing payments of accounts, including the signing of cheques; or(b)ensuring the proper custody and preservation of moneys, securities and other property; or(c)a procedure for the reporting of the loss or destruction of money or other assets or damage to assets; or(d)adequate control of stores and requiring and regulating the checking of stock.9. Contracts
The regulation of the manner in which contracts shall be executed by or on behalf of the council.10. Tenders
The regulation of the calling for, the submission of and the dealing with tenders and the placing of contracts for the execution of work for the council and supply of goods or materials to the council.11. Capital development fund
The regulation of the operation of any capital development fund established in terms of section three hundred and three.12. Estates account
The regulation of the operation of an estates account established in terms of section three hundred and five.13. Allowances for municipal councillors
Providing for the payment of any allowances permitted by section one hundred and twelve and the circumstances in which such an allowance shall not be payable.Part III – Controls over property
14. Protection of council property
The protection of property under the control of the council and the prohibition of any interference therewith or the defacing thereof.15. Vegetation
The preservation of trees, shrubs and other vegetation on property under the control of the council and the prevention of injury to such vegetation.16. Conservation of natural resources
The preservation and conservation of natural resources.17. Congregation, entry and parking on council property
(1)The prohibition or regulation of the congregation of persons on or in any land, buildings or premises under the control of the council.(2)The prohibition of—(a)the entry of persons on to any land, building or premises under the control of the council; or(b)the parking of motor and other vehicles on any land referred to in subparagraph (a); without the authority of the council.18. Permits for certain activities on council land
The granting of permits in respect of property under the control of the council for—(a)the catching of fish; or(b)the hunting of game; or(c)the picking of wild flowers; or(d)the taking of bees or honey; or(e)the making of bricks; or(f)the digging or removal of sand, clay or gravel; or(g)the quarrying of stone; or(h)the cutting of firewood, brushwood or grass.19. Removal of unauthorized buildings on council land
The removal of unauthorized buildings on land under the control of the council.20. Advertisements
(1)The regulation of the erection, display and use of any advertisement or sign, and any apparatus, device or surface upon which an advertisement or sign is displayed or which is erected or intended for the display of advertisements.(2)The prohibition of the erection of hoardings which constitute a disfigurement of, or a source of annoyance to, the neighbourhood.(3)The prohibition or regulation, and the inspection, supervising and licensing, of the use and passage of advertising vans, sandwich-boards, lanterns, flags, screens or other movable advertising devices.(4)The prohibition and removal of advertising signs and the like which, in the opinion of the council, are a danger to traffic.21. Depreciation of property
The prohibition of—(a)the carrying out on land or in buildings or any work; or(b)the utilization of any land or buildings in a manner;which would be likely to depreciate or disfigure property, or to interfere with the convenience or comfort of the neighbours or with the amenities of the locality or to become a source of danger.22. Overcrowding
The prevention of the overcrowding of any building and defining what shall constitute such overcrowding.23. Regulation and control of occupation and use of land or buildings
(1)Notwithstanding any other enactment, for regulating and controlling the occupation or use of accommodation which is occupied or used by, or which is designed or is intended for occupation or use by, employees, the number of persons who may occupy or use any land or buildings in the council area, for the summary eviction of any person occupying or using any land or building in contravention of the by-laws and the removal of any property, including any building or structure unlawfully erected, in connection with such eviction and for empowering the council to take measures to ensure compliance with the by-laws on the failure of any person to comply with his duty in that regard and to recover from such person any expenses incurred by the council in ensuring such compliance.(2)By-laws referred to in subparagraph (1) may provide that no compensation shall be payable in respect of property which is removed as referred to in that subparagraph and—(a)is destroyed and damaged in the course of such removal; or(b)is not claimed within a specified period of such removal and is destroyed.24. Excavations
Requiring all holes, wells, pits, excavations and ponds on any private land not effectively fenced or enclosed to be filled or to be adequately protected, and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.25. Masts and poles
The regulation of the erection of masts or poles, the material to be used and the painting thereof and the stays and other contrivances to be used in connection therewith.26. Hedges and trees
(1)The regulation of the planting of hedges, the position of hedges and the plants which may be used for hedges.(2)Requiring owners of property to remove trees, shrubs or hedges which obstruct natural lighting in neighbouring properties, and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.27. Fire places and chimneys
The maintenance of fire places and chimneys.28. Cooking and washing facilities
Ensuring that suitable and adequate accommodation and facilities for cooking and washing are provided and for ensuring and regulating the use of such accommodation and facilities.29. Occupation or use of buildings
(1)The prohibition or regulation of the use of underground rooms for human habitation or occupation.(2)The closing of buildings or parts or buildings which are unfit for human habitation or the prohibition of their use for human habitation or occupation.(3)The prohibition, except with the consent of the council, of the use of any building in a manner other than that indicated on the plans submitted to and approved by the council in connection with the construction thereof.(4)The closing of buildings, the use and occupation of which has been prohibited.(5)The prohibition or regulation of the accommodation of employees in outbuildings other than those designed to accommodate persons.30. Dangerous or neglected buildings
(1)Requiring the protection, securing, repair, alteration, renovation, maintenance, closure or demolition of buildings or works of any nature which—(a)are or show signs of becoming dangerous or unhealthy; or(b)have fallen into a ruinous or dilapidated condition; or(c)are likely to detract from the value or desirability of other properties in the neighbourhood;and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.(2)Prohibiting the occupation or use of buildings or works referred to in subparagraph (1) until any work required to be done in respect of such buildings or works has been completed to the satisfaction of the council.31. Public buildings
(1)The regulation and the inspection, supervising and licensing of—(a)churches, chapels and other public places of worship, not being dwelling-houses so used; and(c)colleges, schools and universities; and(d)cinemas, theatres, public halls, public billiard rooms, public hotel rooms and public restaurants; and(e)buildings or premises, including any house, garden, or other place, which are kept or used for dancing or other public entertainment of any kind or used for dance studios or schools of dancing; and(f)any other public places of assembly having accommodation for more than fifty persons.(2)The securing and keeping of places referred to in subparagraph (1) free from nuisance so as not to endanger the health or safety of persons resorting thereto or of members of the public generally.(3)The provision in cinemas, theatres and public halls of—(a)mechanical means of ventilation; and(b)seating accommodation; and the regulation thereof.(4)The prohibition of the use of buildings, premises referred to in subparagraph (1) which do not conform with the requirements of the by-laws.(5)The regulation of public libraries, museums and art galleries and other services and facilities provided in connection therewith.32. Fire-fighting equipment and fire-escapes
Requiring the provision in any building of suitable and adequate fire-fighting equipment and, in the case of buildings with one or more storeys above the ground floor, the provision of suitable and adequate fire-escapes.Part IV – Planning, construction and use of buildings and structures
33. Interpretation
For the purposes of this Part—“building” includes sewers, drainage works, swimming pools, walls, fences, masts, temporary platforms, grandstands and other structures, whether movable or immovable.34. Location and situation
(1)Requiring the pointing out of boundaries or beacons and otherwise ascertaining the limits and identity of sites upon which buildings are constructed or to be constructed.(2)The prohibition of the construction of buildings upon sites which are unstable, not readily susceptible to drainage, unhealthy or otherwise unsuitable for buildings.(3)Regulating the position in which buildings may be constructed upon sites.(4)Regulating the number of buildings which may be constructed upon sites.(5)Regulating the level or elevation at which buildings may be constructed in relation to land adjoining sites or likely to be affected by the construction of buildings.35. Plans, specifications and structural calculations
(1)The prohibition of the construction of any buildings without submitting plans, specifications and structural calculations to the council and having those plans, specifications and structural calculations approved by the council.(2)The submission, form, consideration and custody of plans, specifications and structural calculations.(3)The prohibition of the construction of buildings otherwise than in accordance with plans, specifications and structural calculations approved by the council.(4)Controlling amendments to and departures from approved plans, specifications and structural calculations.36. Nature, design and appearance of buildings
(1)Regulating the nature, design, appearance, height, ventilation, area, lighting and cubic content of buildings and the several parts thereof generally and according to where they are located or situated.(2)The prohibition of the construction of buildings which may—(a)be insanitary, dangerous or unhealthy; or(b)be objectionable, displeasing or unsuitable by virtue or the buildings themselves, the use to which they are to be put or the situation or surroundings; or(c)depreciate the value or desirability of other properties in the neighbourhood or the neighbourhood itself; or(d)cause annoyance to the inhabitants in the neighbourhood.(3)The prohibition or regulation of the fitting to buildings of clocks, awnings, flag poles, emblems, decorations and other fixtures or projections.(4)The prohibition or regulation of encroachments upon, over and under roads or public places.37. Drainage and sewerage provisions
(1)Ensuring the provision of suitable and adequate toilet facilities, sewerage and drainage and sanitation and for enforcing and regulating the use thereof.(2)The provision and construction of drainage and sewerage for any premises.(3)The prohibition or regulation of the construction of septic or conserving tanks, including provision for the conditions and specifications to which such tanks shall conform.(4)The regulation of the construction and maintenance of private sewers and combined private sewers.(5)The regulation of the nature and construction of sanitary fittings.38. Water supplies
(1)Ensuring the provision of suitable and adequate supplies of water.(2)The regulation of the nature and construction of water fittings, including, without derogation from the generality of the foregoing—(a)specifying the size, nature, materials and strength and the mode of arrangement, connection, disconnection, alteration and repair of water fittings to be used;(b)the stamping of water fittings to be used;(c)prohibiting the use of water fittings which are not duly stamped or which are of such a nature or so arranged or connected as to cause or permit, or to be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water or reverberation of pipes;(d)the testing and inspecting of water fittings.(3)The manner in which, the persons by whom, and the places where, water connections may be made and the testing and inspecting of water connections.39. Materials and construction
(1)The regulation of the excavation of land prior to the construction of buildings and the erection of supports and earthworks for the stability of buildings and the convenient disposal of rain-water from a site.(2)The determination and regulation of the nature of the materials used in the construction of foundations, floors, walls, stairs, windows, doors, roofs, guttering, down-pipes, chimneys, drains and every other part of buildings.(3)The determination and regulation of the design and structure of buildings so as to ensure that proper regard is paid to loads, stresses, forces, structural calculations and other considerations relevant to the stability and durability of buildings.40. Conduct of building operations
(1)Regulating encroachments on, over or under, and interference with, roads, sidewalks or public places during building operations.(2)Requiring and regulating the erection and use of builders’ sheds and temporary toilets for persons engaged on the construction of buildings.(3)Regulating, minimizing and limiting disturbances caused by noisy, dirty or offensive operations.(4)Requiring the clearing up or removal of rubble, materials and refuse so that building sites are left in a clean and tidy condition and, on the failure or any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.41. Inspections, samples and tests
(1)The inspection and testing of materials used for the construction of buildings and of work performed or being performed in the construction of buildings.(2)Ensuring that the approved plans, specifications and structural calculations are adhered to.(3)The taking and removal of samples of materials.(4)The allocation of costs of inspections and tests.42. Temporary structures
(1)Determining buildings and classes of buildings which shall be subject to prohibition and control as temporary structures and regulating the construction and retention of temporary structures.(2)Requiring the demolition and removal of temporary structures that—(a)are constructed without permission; or(b)become dangerous, unhealthy, dilapidated or unsightly;and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.43. Use of buildings
(1)Prohibiting the use or occupation of buildings or any part of buildings prior to completion to the satisfaction of the council.(2)Regulating the use of buildings, including prohibiting the use and occupation of buildings which—(a)are constructed in contravention of plans, specifications and structural calculations approved by the council; or(b)do not conform with the requirements of the by-laws.(3)Requiring the alteration or demolition of buildings which—(a)are constructed in contravention of plans, specifications and structural calculations approved by the council; or(b)do not conform with the provisions of by-laws;and the removal of any rubble, materials and refuse and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.44. Completion of buildings
(1)Ensuring that buildings, the construction of which has commenced, are completed.(2)Requiring uncompleted buildings to be demolished or otherwise rendered safe, tidy and as little offensive as possible and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.45. Use of scaffolding, hoarding or protective devices
Requiring and regulating the erection, lighting and use of scaffolding, hoardings or protective devices during the construction, repair or demolition of any building.46. Numbering of buildings
The numbering and renumbering of premises or buildings and the imposition of duties and obligations in connection therewith upon the owners of the premises or buildings.47. Administration of by-laws relating to certain matters
(1)Establishing boards or tribunals and determining procedures whereby disputes between the council, builders, land-owners and other persons concerning the implementation of by-laws relating to matters referred to in subsection (1) of section two hundred and thirty-two may be resolved.(2)The relaxation or waiver of the provisions of by-laws relating to matters referred to in subsection (1) of section two hundred and thirty-two.48. General
Regulating the situation, location, construction, maintenance and protection of all buildings and monuments, whether of a permanent or temporary nature, in order to protect and ensure the safety, health, comfort and aesthetic pleasure of persons visiting, living, working or otherwise present in the council area.Part V – Roads, public places and traffic
49. Work in the vicinity of roads
Requiring the owner of any land on which any work is or is about to be done which may damage any road—(a)to deposit with the council a sum of money determined by the council against the cost of repairing such damage; and(b)to take such measures as the council may specify for securing the safety and convenience of persons using any roads or property in the vicinity of such work.50. Scaffolding and decorations on roads
The regulation of—(a)decorations or illuminations; and(b)scaffolding, hoardings and protective devices such as are referred to in paragraph 45; on or over roads.51. Gatherings and noises in roads
(1)The regulation of performances, singing, dancing and gatherings in roads.(2)The regulation and prohibition of the use in roads of loudspeakers or other devices for the reproduction or amplification of sound.52. Prevention of use of sidewalk for unauthorized purposes
(1)The prohibition of the use of vehicles, other than perambulators and invalid chairs, on any sidewalk, except for the purpose of crossing the sidewalk to or from any premises.(2)The prohibition of the use of any sidewalk—(a)for the display, storage or sale of goods; or(b)for any other purpose which is likely to encumber or obstruct the free passage along that sidewalk.53. Trees, shrubs, etc., in relation to roads and traffic
(1)The prevention of trees and shrubs on private property from overhanging or encroaching upon, or the roots thereof from protruding into or under, any road so as to damage any road or obstruct or endanger any user of such road and the measures to be taken for the removal thereof by the owner or by the council at the owner’s cost.(2)The prohibition of the erection of any wall or fence or the planting of any tree, shrub or hedge which, owing to its position in regard to any road or intersection of roads or for any other reason, constitutes a danger to traffic.(3)Requiring the removal, lowering or trimming of any wall, fence, tree, shrub or hedge which, owning to its position in regard to any road or intersection of roads or for any other reason, constitutes a danger to traffic and, on the failure of any person to do anyact to comply with his duty in that regard, empowering the council to do the act at his expense.54. Regulation of use of roads
(1)The prohibition, restriction and regulation of the use of any road by—(a)vehicles generally or any particular class of vehicles for the purpose of controlling traffic; or(b)notwithstanding anything contained in section 9 of the Road Traffic Act , holders of learners licences.(2)The fixing of the maximum axle-load of any vehicle which may be permitted on any road.(2a)In the event of conflict between by-laws providing for the matter referred to in subparagraph (2) and regulations made for the same matter in terms of the Road Traffic Act , the regulations shall prevail.(3)The prohibition or regulation of the use of any road by animal-drawn vehicles.(4)The prohibition, restriction or regulation of the use of any road with a surface constructed of gravel, bitumen or other like material by vehicles which are not equipped with pneumatic tyres or by any other particular class of vehicles.55. Obstruction of roads and other public places
The prevention of the obstruction of any road or other public place.56. Processions and public meetings
The regulation of processions and public meetings in public places.57. Driving of stock
(1)The regulation of the driving or leading of stock on roads or on land under the control of the council.(2)The prohibition of the driving or leading of stock except along such routes and during such hours as may be specified in the by-laws.58. Parking of vehicles
(1)The regulation and supervision of parking garages and parking places and of the use thereof and of parking meters or other devices for the control of parking vehicles.(2)The prohibition or regulation of the parking of vehicles in any road.59. Loading and unloading of vehicles
The conditions subject to which and the times at which articles may be loaded on to or unloaded from vehicles in any road.60. Use of warning devices
The regulation of the use of hooters, horns or other such warning devices on any vehicle and the prohibition of their use during such hours and in such areas as may be specified in the by-laws.61. Regulating and licensing of cycles and certain other vehicles
(1)For the purposes of this paragraph—“vehicle” means any cycle or other vehicle which is intended or adapted for use on roads, but does not include—(d)any vehicle which is kept by a dealer for the purpose of sale only; or(e)any vehicle which is not used on any road; or(f)any vehicle which is used solely on a farm or mining claim for farming or mining purposes.(2)The regulation of the use of any vehicle.(3)The licensing of any vehicle which is ordinarily kept within the council area.62. Taxi-cabs and omnibuses
(1)The regulation of the use of taxi-cabs and omnibuses carrying passengers or parcels for hire or reward.(2)The fixing of the fares to be charged and the regulation of disputes as to fares in respect of taxi-cabs and omnibuses.(3)Ensuring generally the good and efficient working of any taxi-cab or omnibus service.63. Drivers of taxi-cabs
The regulation and licensing of the drivers of taxi-cabs.64. Omnibuses
(1)The regulation of any omnibus service.(2)The prohibition of the driver of any omnibus from—(a)accepting any passenger while the vehicle is in motion or is stopped within or at any place other than a place set aside for the purpose; or(b)permitting any person to use the omnibus or a portion of the omnibus in contravention of any law.Part VI – Amenities and facilities
65. Sanitary conveniences
The regulation of the use of public sanitary conveniences provided in terms of paragraph 22 of the Second Schedule.66. Parks, recreation grounds, caravan parks, camping grounds, etc.
The regulation of—(a)parks, recreation, athletic and sports grounds, swimming baths and like places of public entertainment, pavilions, refreshment rooms and restaurants; and(b)caravan parks, camping grounds, health or pleasure resorts, botanical or zoological gardens and any other accommodation, services, amenities and conveniences on land under the control of the council.67. Boating establishments
The regulation and licensing of boating establishments and boats, whether kept for hire or otherwise, on waters under the control of the council.68. Crèches
The regulation and licensing of crèches.Part VII – Water
69. General
(1)The regulation and rationing of the supply and distribution of water.(2)Without derogation from the generality of subparagraph (1), by-laws relating to matters referred to in that subparagraph may contain provision for all or any of the following—(a)the maximum quantity of water that may be consumed on any specified premises during any specified period;(b)the purposes for which, the manner in which or the periods during which water may not be used or applied;(c)empowering a court to terminate a lease on the grounds that the lessee has failed to comply with any written directions given to him by the lessor as to the use of water on the leased premises in a manner which contravenes any by-laws and the ejectment of any such lessee;(d)generally for the protection from injury or injurious use of any water works, water mains, connections and fittings of the council;(e)cutting off the supply of water, after not less than twenty-four hours’ notice, on account of -(i)failure to pay any charges which are due; or(ii)the contravention of any by-laws relating to waste, misuse or contamination of water;(f)subject to subsection (5) of section two hundred and twenty, the inspection of consumers’ premises at all reasonable times;(g)the testing and inspecting of water mains;(h)fixing the duties of consumers in respect of meters and the settlement of disputes as to the amount of water supplied or the tariff applicable.70. Pollution of water
The protection of any water from pollution.71. Wells and boreholes
Subject to the Water Act the prohibition or regulation of—(a)the sinking, construction and extension of wells and boreholes; and(b)the use of water obtained from wells or boreholes; and(c)the interconnection of any well or borehole with the water mains or water supply of the council.Part VIII – Electricity
72. Supply of electricity to consumers
(1)Subject to the Electricity Act , fixing conditions under which consumers shall be entitled to a supply of electricity.(2)Subject to the Electricity Act , the regulation and rationing of the supply and distribution of electricity.(3)Subject to the Electricity Act , making provision for—(a)the wiring of installations; and(b)the prevention of leakage of electricity; and(c)the pressure of supply of electricity; and(d)safety precautions in connection with electrical installations or wiring; and(e)notice to the council by owners or occupiers receiving a supply of electricity upon change of ownership or occupation.(4)Subject to the Electricity Act , ensuring a proper and sufficient supply of electricity.73. Cutting off electricity and recovery of charges
Subject to the Electricity Act , the cutting off of the supply of electricity, after not less than twenty-four hours’ notice, on account of—(a)a failure to pay any charges which are due; or(b)the contravention of any by-law or regulation relating to misuse of electricity or the wiring of installations.74. Inspections and testing
(1)Subject to the Electricity Act , and subsection (5) of section two hundred and twenty, the inspection of consumers’ premises at all reasonable times.(2)Subject to the Electricity Act , the testing and inspection of electricity mains and connections and fittings.(3)Subject to the Electricity Act , the conducting of inspections of testing stations and premises.75. Meters
(1)Subject to the Electricity Act , ascertaining the supply of electricity by meters and the fitting of such meters.(2)Subject to the Electricity Act , the duties of consumers in respect of meters and the settlement of disputes as to the amount of electricity supplied or the tariff applicable.76. Prevention of interference
Subject to the Electricity Act , the prevention of interference with any electrical service or equipment connected therewith or anything incidental to such service or equipment.Part IX – Sewerage, effluent and the removal of refuse and vegetation
77. Sewerage
(1)The closing of cess-pits and the removal or sealing of disused private sewers.(2)The regulation of the use and protection from damage or injurious use of any system of sewerage and drainage and sewage works.(3)The regulation of the use of septic or conserving tanks and the inspection and supervision of such tanks.(4)The prohibition or regulation of the discharge, directly or indirectly, of sewage or other effluent or any solid, liquid or gas into any public stream, public sewer or public drain.78. Sanitary fittings
(1)The prohibition of the use or occupation of premises where the required sanitary fittings are not provided.(2)The prohibition of the use of sanitary fittings which are defective or insanitary.79. Effluent and refuse removal
(1)The removal or disposal of—(b)effluent, water or refuse, whether trade, domestic or otherwise;(c)decaying and other offensive or unhealthy matter;and requiring the use by persons of any system or undertaking provided by the council for the collection, removal or disposal thereof.(2)The specification of the type of container to be used by the owner or occupier of any premises for the storage of refuse pending removal and the supply of such type of container in circumstances where such containers are not provided in sufficient number or adequate size or construction.(3)The regulation of the positions where containers referred to in subparagraph (2) shall be placed.(4)The prohibition or regulation of the arrangement, construction and siting of any building or appliance appertaining to the disposal of human waster or domestic or trade effluent.80. Cleansing of private sewers, streets and yards
The regulation of the cleansing and condition of private sewers or combined private sewers, private roads and yards common to two or more owners and the imposition of duties in respect thereof upon owners, occupiers and tenants.81. Crops, vegetation, rubbish and waste material
(1)The prohibition or regulation of—(a)the cultivating, accumulating or existence on any land of any crop, vegetation, rubbish or unwholesome or offensive matter or thing which—(i)constitutes or is likely to constitute a fire hazard or a danger to public health or the natural resources of the council area; or(ii)is such that it may give rise to circumstances in which a danger to public safety or security may arise; or(iii)is unsightly in the area or locality;(b)the accumulating, dumping, depositing, abandoning or dropping on or in any road, street, sidewalk, drain, land, premises or place of rubbish or waste material of any description including, without derogation from the generality of the foregoing, machinery or vehicles or parts thereof.(2)Requiring the removal or clearing of crops, vegetation, rubbish, waste material or any unwholesome matter or thing referred to in subparagraph (1) and, on the failure of any person to do any act to comply with his duties in that regard, empowering the council to do the act at his expense.Part X – Animals
82. Keeping of animals, reptiles and birds
(1)The prohibition, regulation or licensing of the keeping of any animals, bees, reptiles or birds.(2)The prohibition of the construction or use for the keeping of any animals, bees, reptiles or birds of any building, kennel, cage, hive or other structure which is unfit or undesirable therefor or objectionable by reason of its locality, construction, condition or manner of use.(3)Defining the areas or premises within which or in the neighbourhood of which bees or specified kinds of animals may not be kept.(4)The prohibition of the keeping, with power to provide for the seizure and destruction, of animals, bees, reptiles or birds which are vicious or otherwise constitute a danger to the safety of human beings or other animals.(5)The seizure of animals which are found trespassing or straying and—(a)the sale, destruction or other disposal of such animals if they are not claimed within a reasonable period; and(b)the destruction of such animals if they are so diseased that they are prejudicial to the health or safety of human beings or other animals.(6)The prevention of the straying or wandering of animals or reptiles.83. Disease-carrying animals, insects and vermin
(1)The destruction or extermination of disease-carrying animals, inserts and vermin.(2)The prevention of the keeping or breeding of rats and other vermin known to harbour or convey or infect with or cause any disease.84. Noxious insects
(1)The destruction or extermination of locusts, mosquitoes, flies and other noxious insects.(2)The prevention or abatement of conditions permitting or favouring the breeding of insects referred to in subparagraph (1).(3)The supply by the council of poison and appliances for any purposes referred to in subparagraphs (1) and (2).85. Public riding stables and kennels
(1)The regulation and licensing of public riding stables and kennels.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting and ventilation of premises used in connection with public riding stables or kennels, and the provision and maintenance of fittings or apparatus used in connection therewith.86. Dog tax
The imposition of a tax on dogs of the age of six months or more.87. Slaughter of animals and slaughter-houses
(1)The prohibition or regulation of the slaughtering of animals, the establishment, locality, supervision, administration, operation and maintenance of slaughter-houses and the disposal of the waste products from slaughter-houses.(2)Requiring and regulating the use of public slaughter-houses and stock-fairs established in connection therewith.(3)Requiring and regulating the use of weighbridges at slaughter-houses.88. Dipping tanks
The regulation of the use of dipping tanks.89. Stock pens
The regulation of the use of stock pens and the prohibition, regulation or licensing of the use of private stock pens.Part XI – food, food premises or vehicles and markets
90. Sale and supply of food
(1)The regulation of the sale, preparation, manufacture, keeping, storing, depositing, conveying, handling and exposure for sale of food, including pet food.(2)The prevention of the sale, preparation, manufacture, keeping, storing, depositing, conveying or exposure for sale of food that is, in the opinion of the medical officer of health or a health inspector, adulterated, unwholesome or diseased.(3)The prohibition of the sale or supply of fresh meat obtained from cattle or other domestic livestock unless such cattle or other livestock have been slaughtered at a slaughter-house established or approved by the council.(4)The prohibition of the supply to persons within the council area of—(a)meat of any description, including fish, pet food, game meat and poultry meat, which has not been inspected; or(b)any carcass of or meat or viscera from horses, mules or donkeys slaughtered outside the council area.91. Premises, vehicles and employees
(1)The regulation, inspection and licensing of any premises in which food is sold, prepared, manufactured, stored, deposited or exposed for sale and the prevention of the use for such purposes of any premises that are unfit therefor.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting, ventilation, water supply, sanitary fittings and drainage of the premises referred to in subparagraph (1), and the provision of the requisite utensils, storage space, refrigeration, equipment, furniture, linen, crockery and furnishings, and the care and maintenance thereof.(3)The specification of goods or merchandise that may not be handled, stored, received or sold on premises referred to in subparagraph (1).(4)The regulation, inspection and licensing of vehicles used for or in connection with the vending of food.(5)The medical examination of any person employed in, or in connection with, the business of handling food.92. Food introduced from outside council area
The prohibition or regulation of the introduction, distribution or sale within the council area of—(a)food which has been produced or prepared outside the council area; or(b)meat or viscera from or carcasses of animals which have been slaughtered outside the council area; unless compliance has been made with such conditions as may be specified in the by-laws.93. Market gardens
(1)The regulation of the carrying on of any business, whether inside or outside the council area, of a market garden or the growing of vegetables or fruit, the produce of which is intended for sale to members of the public within the council area, and the storage and handling of such produce.(2)The inspection of any land on which any business referred to in subparagraph (1) is carried on and of any premises in which produce referred to in that subparagraph is stored and of any vehicles or receptacles in which such produce is conveyed.(3)The licensing of any person carrying on any business referred to in subparagraph (1).94. Markets
(1)The regulation of markets and, without derogation from the generality of the foregoing, of—(a)public sales thereon; and(b)the dues or charges payable in respect of goods submitted for sale at the market; and(c)the licensing of persons authorized by the council to trade as market agents.(2)The regulation of the cleansing, cleanliness, sanitation and good order of markets and places used for public sale and barter and of the cleanliness, purity and wholesomeness of any goods exposed for sale thereon.Part XII – Trades, occupations and other activities
95. Dangerous trades
The regulation of the carrying on of offensive, unhealthy or dangerous trades or occupations for the purpose of safeguarding the health or safety of members of the public.96. Employment bureaux and compulsory medical examination and treatment of workers
Subject to the Labour Relations Act the regulation of employment bureaux and the provision of compulsory medical examination, and treatment where necessary, of employees and work-seekers.97. Disinfection and fumigation
(1)The regulation, inspection and licensing of businesses carrying on disinfection, disinfestation or fumigation by cyanide or other means.(2)The penalizing of persons who, after notice thereof, refuse, without reasonable grounds, to vacate any room occupied by them in any building where fumigation by cyanide or other means is to be carried out.98. Infectious diseases
The prevention of the possible spread of infectious, contagious or noxious diseases by the carrying on of any business, trade or occupation.99. Hawkers and street vendors
(1)For the purposes of this paragraph—“goods” means wares, merchandise, produce and, generally, corporeal movable things of any description;“hawker” means any person who carries on the business of selling any goods while travelling about for that purpose from place to place with the goods, either on foot or with a vehicle, animal or carrier, but does not include—(a)a baker or his employee in respect of the sale of bread;(b)a dairy marketing authority or a dairyman or its or his employee, as the case may be, in respect of the sale of milk;(c)any person in respect of the sale of publications sponsored by the State or newspapers;“public place” means any bridge, enclosure, foot-path, garden, open space, pavement, road, sanitary lane, side-walk, square, subway or street of the nature of a throughfare which is vested in or controlled by the council and to which the public or any section of the public has access;“sell” means to sell by retail or by wholesale and, in addition to its ordinary meaning, includes to barter or exchange or offer or expose or prepare for sale;“street vendor” means any person who sells goods from one or more fixed places in or on any public place, but does not include any person in respect of the sale of publications sponsored by the State or newspapers.(2)The regulation and licensing of hawkers and street vendors and persons who employ or engage hawkers or street vendors as servants or agents.(3)The prohibition, regulation or inspection of the goods which may be sold by hawkers or street vendors.(4)The prohibition of the carrying on of business by hawkers or street vendors except in specified areas.(5)The specification of the times when or periods during which hawkers or street vendors may carry on business or allow goods to be exposed for sale at any one place.100. Electricians
The examination and licensing of electricians and the prohibition of unlicensed persons from acting as electricians.101. Plumbers and drain-layers
The examination and licensing of plumbers and drain-layers and the prohibition of unlicensed persons from carrying out plumbing or drain-laying work for the installation, alteration or repair of any system of water supply, sewerage or drainage.102. Hairdressers
(1)The regulation, inspection and licensing of any premises used for or in connection with the business of hairdressers, barbers or beauty salons and the prevention of the use of such purpose of any such premises as are unfit therefor.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting, ventilation, water supply, sanitary fittings and drainage of the premises referred to in subparagraph (1), and the provision of the requisite utensils, equipment, furniture, linen and furnishings, and the care and maintenance thereof.(3)The medical examination of any person employed in or in connection with the business of hairdressers, barbers or beauty salons.103. Launderers, cleaners and dyers
(1)The regulation, inspection and licensing of any premises used for or in connection with the business of launderers, cleaners or dyers and the prevention of the use for such purposes of any such premises as are unfit therefor.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting, ventilation, water supply, sanitary fittings and drainage of the premises referred to in subparagraph (1) and the provision of the requisite utensils and equipment, and the care and maintenance thereof.(3)The medical examination of any person employed in or in connection with the business of launderers, cleaners or dyers.104. Funeral parlours and mortuaries
The prohibition of the establishment of funeral parlours or mortuaries otherwise than in specified parts of the council area.105. Boarding-houses
The regulation, inspection and licensing of hotels and of premises providing accommodation for boarders or lodgers not being members of the family.106. Public auctions
The regulation and licensing of public auctions conducted otherwise than on premises for which a licence or permit in terms of the Tobacco Marketing and Levy Act or the Shop Licences Act has been issued and the regulation and licensing of the trade or business carried on in connection with such auctions.Part XIII – Nuisances
107. General
The prevention or suppression of any nuisance which is likely to interfere with the ordinary comfort, convenience, peace or quiet, or affect the rights, of the public or any section of the public.108. Horns, bells, etc.
The prohibition or regulation of the use of horns, bells, loudspeakers and the like for the purpose of attracting customers or indicating the presence of vendors in the neighbourhood.109. Use of loudspeakers
The regulation or prohibition of the use of loudspeakers or other devices for the reproduction or amplification of sound in or upon properties where such reproduction or amplification is audible beyond the boundaries of such properties.110. Objectionable advertisements, etc.
The prohibition of the exhibition in any place to which the public has access, or exposure to public view, of any advertisement, placard, poster, engraving, picture, drawing, print or photograph of an indecent, obscene or objectionable character.Part XIV – Functions, performances, events and amusements
111. Performances dangerous to the public
The prohibition or regulation of performances considered by the council to be dangerous to the spectators in any place to which the public has access.112. Amusements
(1)The regulation and licensing of amusement caterers and the prohibition of such persons from carrying on their business in such areas and during such hours as are specified.(2)The inspection of swings, roundabouts, switchbacks and installations of a similar nature and all tents, structures and appliances provided for the amusement or recreation of the public, whether on public or private property, and the prohibition of the use of such as are, in the opinion of the council, unsafe or dangerous or which may tend to injure the health or destroy the comfort, reasonable peace and quiet, or affect the rights, of the inhabitants of the council area or any section thereof.Open-air events113.
(1)The regulation of open-air events and functions and the prohibition of the same in such areas and during such hours as are specified.(2)The licensing of organizers of open-air events and functions and of the owners or occupiers of property on which such events or functions are held.(3)The prohibition or regulation of the construction, erection, use and removal of temporary platforms, grandstands, seats and other structures for the accommodation of spectators at open-air events and functions.(4)The requiring of the provision of adequate sanitary conveniences at open-air events and functions and regulating the nature, construction and mode of use of such sanitary conveniences.Part XV – Fires, combustible materials and explosives
114. Fires
(1)Requiring the provision on land and in buildings of precautions against the outbreak and spread of fires and warning devices in connection therewith and regulating the maintenance, use and inspection thereof and the prevention of interference therewith.(2)The prohibition of the obstruction of fire escapes, stairs, doors or other means available of exit from any building in the event of a fire.(3)The conditions under which, in the absence of any agreement under Part XVI of the Act, the council may permit the use of the fire brigade outside the council area.(4)The reporting of fires and the prohibition of—(a)interference with a fire brigade or appliances provided for or in connection with the extinguishing of fires; and(b)the giving of false alarms concerning fires.(5)The prohibition of the use or occupation of buildings which constitute a fire hazard.115. Bonfires and burning of rubbish
The prohibition or regulation of the burning of rubbish, trees, bushes, weeds or grass and of the making of bonfires.116. Combustible or inflammable material and explosives
(1)In this paragraph—“petroleum” means petrol or any other liquid which has a flashpoint in any apparatus specified in the by-laws for the purposes of this paragraph of sixty-five degrees Celsius or under.(2)The regulation of the keeping of fodder and other combustible stores or materials.(3)The restriction of the sites which may be used for or in connection with, and the regulation of the size of, stacks or timber, coal or other inflammable materials and the manner of stacking or storing such materials.(4)The regulation of the generation or storage of any inflammable or explosive gas, and the construction, maintenance and use of apparatus connected therewith.(5)The regulation and licensing of the storage of petroleum and the restriction of the sites thereof.(6)The regulation of—(a)the construction and maintenance of places of storage of petroleum; and(b)the construction, maintenance and use of buildings and premises connected with the storage of petroleum.(7)The limitation of the quantities of petroleum that may be stored on any premises and the issue of permits regulating the quantities of petroleum that may be stored on any premises.(8)The regulation, for the purposes of the prevention of fire or explosion, of the manner of use or conveyance and the nature of the conveyance of petroleum.(9)The regulation of pumps, whether portable or otherwise, for petroleum and the sites therefor and the use thereof, whether within the limits of any road or on private property.(10)The prohibition or regulation of the use of fireworks and combustibles.Fourth Schedule (Section 114a(13)(a))
Rules of independent tribunals
1. Procedure before and immediately following allegation of misconduct
(1)If on completion of the investigation (if any) referred to in section 114(4) (or section 157(4) in the case of the Rural District Councils Act) it is found that an allegation of misconduct should be preferred against the mayor, chairperson or councillor, (hereinafter called “the respondent”), the independent tribunal shall within thirty days after the completion of the investigation (or if no investigation is found to be necessary, within thirty days after the Minister refers the matter to the tribunal)—(a)inform the respondent, in writing, of the nature of the allegation against him or her, and call upon him or her to submit a written reply to the allegation within fourteen days; and(b)where possible, furnish to the respondent copies of any material documentary evidence relating to the allegation of misconduct, or afford the respondent an opportunity of having sight of any such evidence.(2)The independent tribunal shall, within seven days of receiving the respondent’s reply or, if no such reply has been received in terms of (1)(a), determine whether the respondent has a case to answer, and if so, it shall, within seven days notify the respondent in writing accordingly.2. Sittings and powers of independent tribunal
(1)For the purpose of this Schedule the chairperson of the independent tribunal shall convene a sitting of the tribunal, whenever he or she considers it to be necessary, at such time and place as he or she determines.(2)The quorum at any sitting of the tribunal shall be all three members:Provided that the tribunal may, in addition to sitting with all members physically present, hold or continue a sitting by the use of any means of communication by which all the members at the meeting can hear and be heard at the same time (hereinafter referred to as an “electronic sitting”).(3)A member who participates in an electronic sitting is taken for all purposes to have been present at the sitting.(4)The chairperson of the tribunal may establish procedures for electronic sittings (including recording the minutes of such sittings).(5)The chairperson may conduct open or closed sittings of the tribunal, and shall be entitled, at any open sitting, to exclude any particular person or persons for the preservation of order, for the due conduct of the inquiry or for any other good reason.(6)The tribunal shall, though the chairperson, have the powers contained in the Commissions of inquiry Act , to subpoena witnesses and administer oaths, and to compel witnesses thus summoned to take an oath or affirmation and to remain in attendance at the hearing until excused by the tribunal.3. Hearings before independent tribunal
(1)Where the independent tribunal determines that a respondent has a case to answer and so notifies the respondent in accordance with paragraph 1(2), it shall in the same notification give not less than seven days notice to the respondent of the time, date and place of the hearing of the allegation of misconduct against him or her.(2)The hearing shall be conducted without the need to observe the rules of procedure and evidence ordinarily applicable in criminal or civil proceedings, provided, however, that the respondent concerned is afforded the opportunity to respond to every allegation of misconduct and that substantial justice is done.(3)Findings of fact by the tribunal shill be made by a majority of the members of the tribunal on the basis of a balance of probabilities.(4)Findings of law or of mixed law and facts shall be reserved for the chairperson alone.(5)At the heating the respondent, the Ministry and the independent tribunal may, if any of them so wishes, be advised and, in the case of the Ministry or respondent, represented by a legal practitioner.(6)The independent tribunal may proceed to consider the allegation of misconduct in the absence of the respondent concerned if the respondent fails to attend the hearing without reasonable cause after having been duly notified.(7)The chairperson of the independent tribunal shall keep or cause to be kept an accurate record of the substance of the evidence led at the hearing.4. Determination of allegation of misconduct
(1)At the conclusion of a hearing the independent tribunal shall proceed to determine whether or not the respondent is guilty of misconduct as alleged.(2)Where the independent tribunal determines that the respondent is not guilty of misconduct, the independent tribunal shall without delay notify the respondent, the Minister and the council concerned in writing accordingly.(3)Where the independent tribunal determines that a respondent is guilty of misconduct—(a)the respondent is deemed to be removed from office on the date of that determination and his or her seat becomes vacant on that date; and(b)the independent tribunal shall without delay notify the respondent, the Minister and the council concerned in writing accordingly.(4)It shall be competent for the independent tribunal to find a respondent guilty of an act of misconduct other than the act which the respondent was originally alleged to have committed if the facts disclose, such other act.(5)Where the independent tribunal has not made a finding that the respondent is guilty of such other act as is referred to in subparagraph (4) but believes that there is a reasonable suspicion that the respondent may be guilty of such act—(a)the independent tribunal shall refer the matter back for further investigation by the Minister in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act); and(b)the independent tribunal shall adjourn until the completion of the investigation in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act).(6)If the investigation is completed and a new charge is preferred against the respondent in accordance with paragraph 1(1)—(a)within thirty days from the date that the independent tribunal referred the matter back for further investigation by the Minister in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act), the allegation of misconduct shall be dealt with by the independent tribunal that heard the original allegation;(b)after thirty days from the date that the independent tribunal referred the matter back for further investigation by the Minister in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act), the allegation of misconduct shall be dealt with by a reconstituted independent tribunal.5. Respondent convicted of a criminal offence
Where a respondent is convicted of a criminal offence which may constitute an act of misconduct, the Ministry shall endeavour to obtain a copy of the court record relating to the conviction of the respondent from the registrar or clerk of the court concerned and avail it to the tribunal.6. Costs
At the conclusion of a bearing the independent tribunal may make such order as to the costs of the proceedings as it thinks fit.7. Imposition of civil penalties by independent tribunal
(1)Where an independent tribunal determines that a respondent is guilty of misconduct the tribunal may, together with its determination that the respondent is guilty of the misconduct, impose upon the respondent either of the following civil penalties in either of the following circumstances—(a)if the respondent was responsible for any deficiency in or improper payment from or loss or destruction of the moneys of any local authority order the respondent to make such payment m respect of such deficiency, improper payment, loss or destruction, as the case may be, as may be fixed by the independent tribunal; or(b)if the respondent was responsible for any deficiency in or destruction of or damage to the property of any local authority, order the respondent to pay an amount equal to the cost of replacement of or repairs to the property concerned, as the case may be, or such portion of that cost as the independent tribunal considers to be equitable in the circumstances.(2)A civil penalty order that becomes payable by the respondent shall constitute a debt due by the respondent to the local authority concerned, which may, at any time after it becomes due, sue for and recover the debt in a court of competent jurisdiction.(3)The amount of a civil penalty shall be paid into and form part of the funds of the local authority concerned.8. Determination of incapacity for office
This Schedule (other than paragraphs 4(4), (5) and (6), 5, 6 and 7) applies to the determination of an allegation of inability on the part a respondent to perform the functions of his or her office due to mental or physical incapacity, as if references in this Schedule to an allegation of misconduct are references to an allegation of incapacity.9. Alternate member
(1)If an alternate is substituted for any member of the tribunal, the secretary of the tribunal shall furnish him or her with a written brief approved by the other members of all the evidence led or produced at the tribunal up to the date that the alternate assumes office:Provided that the alternate has as the right to require the rehearing or reconsideration of any evidence led or produced at the tribunal before the date that he or she assumed office.(2)The proceedings of the tribunal shall not be challenged on the sole ground that its composition changed by virtue of section 157A(9) or (11) of the Rural District Councils Act or section 114A(9) or (11) of this Act.