The lack of municipal by-laws has been a contentious issue for law enforcement and community members for some time. However, this is now set to change with the Newcastle Municipal by-laws and their subsequent fines officially being approved.
As reported by Newcastillian News in May 2024, the new municipal by-laws were initially gazetted during the course of May 2024.
At the time, the Newcastle Municipality was still waiting for the Magistrate to endorse the necessary fines to accompany the new set of by-laws, which could see residents charged for an array of offences.
To read more, click here.
With the fines now approved, the Newcastle Municipality is ready to tackle issues that have plagued residents for years. This covers a wide range of problems, from homeless people begging at traffic lights, to noise complaints and more.
Therefore, let’s take a closer look at what is now deemed unacceptable behaviour in Newcastle and what it could cost you if found guilty of infringing on the various municipal by-laws.
Offences included within the Newcastle Municipal by-laws:
- It is an offence for a person to consume liquor in public within the jurisdiction of the Newcastle Municipality.
- It is an offence for a person to be intoxicated in a public area and public space within the jurisdiction of the Newcastle Municipality.
- No person may in or on a public place act in a manner that is dangerous to life or may damage property.
- No person may in or on a public place behave in an indecent, offensive, or objectionable manner.
- No person may use abusive, threatening, or foul language or gestures in or on a public place.
- No person may fight or act in a riotous or physically threatening manner in a public place.
- No person may spit, perform any sexual act, appear nude, or expose their genitalia in a public space.
- No person may start or keep a fire, unless for the purposes of making a braai in an area where such activity is permitted, or unless authorised by the Municipality or in terms of the law.
- No person may lie or sleep on any bench, seating place, street, or sidewalk, or use it in such a manner that prevents others from using it.
- No person may beg for money, goods, or employment, whether by gesture, words, or otherwise.
- No individual may offer money, food, or goods to any person begging.
On top of these offences, the Newcastle Municipality’s by-laws also address noise issues impacting scores of residents. According to the newly implemented by-laws, when it comes to noise, the following should be noted:
- No person may in a public place cause or permit any disturbance or impairment of the convenience or peace of any person by shouting, screaming, or making any other loud or persistent noise or sound, except when such noise or sound emanates from an authorised public meeting, gathering, congregation or event, or an emergency or rescue announcement.
- No person may permit noise or sound from a private residence or business premises in their control to be audible to users outside of such premises, to such an extent that it reasonably interferes with the use and enjoyment by an owner or occupier of their property. This excludes places of entertainment as defined in the planning scheme on zoned premises where noise or sound is normally associated with the normal use of such a place and in accordance with the conditions of the authorisation of that business.
- No person may cause or permit any disturbance or impairment of the convenience or peace of any person from Sunday to Thursday, between 10 pm and 6 am, or from Friday to Saturday between midnight and 8 am.
- No driver or person in control of a motor vehicle may permit any amplified sound or noise to emanate from the motor vehicle such that it is audible at a distance of more than 50 metres.
- No person may blow, or cause to be blown, a hooter of a motor vehicle in a public place in such a manner or frequency that it creates a nuisance unless the blowing of a hooter is necessary to alert any pedestrian or any motor vehicle user of any danger.
- No person may rev the engine of a stationary motor vehicle in such a way that it causes a nuisance in a public place. The only time that revving a vehicle will be allowed, according to the by-laws, is for the purposes of repairing a vehicle that may have broken down in or near a public place.
Adding to this, the newly approved municipal laws further extend to the issue of litter within the town. According to the by-laws, no person may within a public place deposit, dump, or discard any waste or litter in a manner that detracts from the cleanliness of such public place or causes a nuisance. A person may also not deposit, dump, or discard any waste or litter anywhere other than a receptacle provided by the Municipality for that purpose.
When looking at obstructing, blocking, or disturbing traffic and pedestrians, the Newcastle Municipal by-laws state:
- No person may in a public place intentionally block or interfere with the safe or free passage of a pedestrian or motor vehicle, unless authorised by law.
- No person may approach any pedestrian or person inside a motor vehicle on any public road or public road intersection or any other public place for the purpose of begging from such pedestrian or person in a motor vehicle.
- Any person who unlawfully blocks, occupies, reserves a public parking space, or begs, stands, sits, or lies in a public space, or does anything which hinders or disturbs the flow of pedestrians or road traffic must immediately cease to do so when directed by an authorised official.
If residents are caught infringing the by-laws, they will be subject to fines. When looking at the determination of admission of guilt by the Chief Magistrate in terms of Section 57 (5) of the Criminal Procedure Act 51 of 1977, residents may potentially face the following fines:
- Urinating or defecating in public will see a proposed fine of R200.
- Consuming any liquor or being in a state of intoxication as a pedestrian will see a proposed fine of R300.
- Begging for money or goods, whether by gesture, words, or otherwise, will see a proposed fine of R300.
- Permitting noise or sound from a private residence or business premises in one’s control to be audible to users outside such premises, to such an extent that it reasonably interferes with the use or enjoyment by an owner or occupier of their property, carries a proposed fine of R500.
- Revving the engine of a stationary car in such a way that it causes a nuisance in a public place carries a proposed fine of R300.
- The driver or person in control of a motor vehicle which permits any amplified sound or noise to emanate from the motor vehicle such that it is audible from a distance of more than 50 metres faces a proposed fine of R300.
- Anyone caught depositing, dumping, or discarding any waste or litter in a manner that detracts from the cleanliness of such a public place or causes a nuisance faces a proposed fine of R300.
- Any person who permits or causes any waste or litter from any land or premises to be discarded, dumped, stored, kept, or disposed of in such a manner that such waste or litter causes a nuisance will face a proposed fine of R2,500.
With these but just a fraction of the by-laws now to be implemented, you can read the fully approved and gazetted Newcastle Municipal by-laws by clicking the button below
As the Newcastle Municipality prepares to bring about a new dawn of law and order within Newcastle, what are your thoughts on the above? Share your views in the comment section below.
Comments 14
We have already written to the relevant authorities asking for details of the implementation plan and strategies to enforce the bylaws including SAPS, CPF, Newcastle Municipality, other government departments, CBOs, organised business, Magistrates Courts, etc
We await a response
The current situation has been chaotic for years. If the municipality was unable or unwilling to enforce the law then, nothing changes now.
The new bylaws mean absolutely nothing without enforcement.
This is really good news and most welcome. It boggles the mind why the older bylaws were not kept in place until the newer ones were passed as has been the csse accordedby law. This lapse has led to the decay of society in Newcastle and law enforcement will need at least 12 months of intense operations, to get some errant behaviour in check.
I live in the cbd next door to a licensed shebeen where do I stand
A huge concern is the amount of motor vechiles on our roads in Newcastle without front number plates and with times rear vechile number plates.
Vechiles parking on probitted aread all over town. Vechile not properly parked in parking bays in town and at shopping parkings.
Srop streets and somtimes robots are ingored at will, Victoria street get used as a freeway.
Speed limits especially Victoria street, Allen street when leaving town either to Volksrust and past Builders, BMW and Newcastle Mall.
The above happens daily and very few traffic staff visable.
Trust the above will be looked into.
Best Regards
Barend
Will be Glad to see these bylaws being implemented. Can you also stop people from Trading on parking bays , especially at the rank.Finding a Parking bay at the Taxi/Bus Rank is a monstrosity. Taxis and Hawkers hogging these Parking bays. Businesses in that area is affected by this as customers refuse to come to this part of town.
The main cause of no respect for the law and regulations is because the enforces themselves fail to enforce the law. Too many friends, bribes, etc. It’s a norm for all of the laws gazeted taken as a joke. Laws need to be taught to the community.
Please advise on exactly who will be in charge of implementation. Nightingale street residents have been complaining for over a decade . What must happen for a culprit who just doesn’t care about bylaws and who feels that it does not apply to them . Will everyone be treated the same .
I feel the fines are too low! These by-laws are use less unless we see the law enforcement officers on the streets and around town!
Anyone can write a law, but the problem is, is there anyone prepared to enforce, and see that the law is obeyed?? As so many above have pointed out, senseless having rules, if nobody is prepared to make sure the rules are obeyed. And once again, does the law apply equally to ALL?? Or maybe only to those who do not pay bribes, and are not friend of law enforcers?? Let’s give it a go, and see what differences take place. At one stage I remember traffic stops, and speed recordings almost DAILY on Allen Street, next to the show grounds. I don’t even think the traffic department knows where that is anymore.
Correct,we have traffic officials come and give vehicles fines and will completely ignore the taxis parked illegaly next to those vehicles albeit a huge “no taxis” parking sign displayed. The NM also refuses to maintain the parking which eventually was done at the cost of the land lord after being told by the NM that it’s not their responsibility to maintain the parking’s..
Great, but the qeustion is who will enforce this, as it is the town traffic officers cant even enforce normal road traffic laws for eg. Red Robots, Stop streets, overtaking on barrier lines and the list go on and on and on.
If you money is right, nothing will happen.
Why is nothing being done to the red robot skippers, or must a family member of the traffic/ municipalty first die before they will do something.
Not even talking about the RTI, which allow motorists to do what they want to do. Trafficc ops are sitting in their cars (town and RTI) traffic offences are committed in front of them, they dont do nothing, and so is the lifes of innocent people been taken by reckless drivers. People that die on our roads, their blood must be on the jands of the traffic and police, because if they do their work, it will send a message out to road users that the town and roads around Newcastle is a safe place to travel.
Start with the serious offences, if you can get that under control, then you can take on these things.
Lets be honest the people who are supposed to enforce law and order are either scared to do so or are so used to accept bribes whenever they do some work. There is no ways that these laws will be enforced although it will be wonderfull if law and order can be restored in our town.
Public toilets should be erected at busy areas first before talking of fining people. NB: Check the availability of public ablution facilities around the town first.