LEGAL NOTICE NO. …….2015
THE URBAN GOVERNMENT ACT, 1969
(Act No. 8 of 1969)
THE MBABANE MUNICIPAL COUNCIL OUTDOOR ADVERTISEMENT BYELAWS, 2015
(Under section 77)
In exercise of the powers confirmed by section 77 of the Urban Government Act No.
8 of 1969, the Municipal Council of Mbabane makes the following Municipal Bye-laws -
Citation and Commencement
1.
(1) These Bye-laws shall be cited as the Mbabane Municipal Council Advertisement
Bye-Laws, 2015.
(2) These Bye-laws shall come into force on the date of Publication in the Gazette.
Interpretation
2.
In these Bye-laws unless the context otherwise requires –
“advertising medium” a screen, fence, wall or any other object, structure or device
freestanding or attached to any wall or structure, in a fixed position intended for advertising;
“authorized official” means an officer duly authorised by the Municipal Council of Mbabane
“Council” means the Municipal Council of Mbabane;
“façade” the face of a building, especially the principal or front face showing its most
prominent architectural features; and
“outdoor advertising” the display of an advertisement in or in view of any public place or
local road within the jurisdiction of the urban area of Mbabane.
Categories or types of outdoor advertising formats
3.
Categories or types of outdoor advertising formats regulated by these bye-laws
include the categories or types of outdoor advertising formats listed in the schedule.
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Purpose
4.
The Purpose of these bye-laws is to amend the Mbabane Advertisement Bye-Laws of
1967 to be in line with new trends and innovative technology in advertising.
Application
5.
The Bye-laws shall apply to all outdoor advertising applications within the urban area
of Mbabane.
Applications
6.
(1)
An application for the installation of an advertising sign (save for Categories
or types (2) and (3)) shall be made by submitting the relevant application form to the Council,
accompanied by (a) the relevant prescribed fee as outlines in the Mbabane Advertisement ByeLaws, 1967);
(b) the written consent of the owner of the proposed advertising sign and of the
registered owner of the property or building where the advertising sign is to
be erected(excludes class 6 as outlined in the Mbabane Advertisement ByeLaws, 1967));
(c) a locality plan, in colour indicating the proposed position of the advertising
sign within the area of jurisdiction of the Council;
(d) an artistic impression showing all the details of the proposed sign including
the location and measurement;
(e) in a case where a property or street already has existing advertising signs, a
drawing showing the position of the proposed sign and its distance in
relation to other signs on the same side of the road within a radius of two
hundred metres (200m) from the proposed sign shall be submitted;
(f) proof of compliance in relation to any other law to the extent that such a
law is applicable in respect of the application. A letter of consent from the
Ministry of Public Works and Transport in the event that the proposed sign
will be along and within a national road reserve; and
(g) where applicable, a certificate by a registered structural engineer certifying
the structural safety of the proposed advertising sign and its foundations.
(2)
If a proposed sign is to be attached or displayed on the facade of a building,
the application shall be accompanied by –
(a) a picture of the building showing building details;
(b) measurements and position of the proposed advertising sign; and
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(c) details and positions of all other existing signs on the building, which shall be
drawn to a scale that is acceptable to the Council.
(3)
Any plan or drawing required above shall be on a sheet of paper of not less
than A3 size.
(4)
Information required in terms of sub by-law (1) shall be provided within
ninety (90) days from the date of the initial application.
Licence fees
7.
The fees in respect of a licence or permit issued by Council under these bye-laws for
an advertising sign shall be as set out in the published user fees applicable at the time.
Withdrawal and amendment of a licence
8.
(1) Council may after considering any representations made withdraw a licence or
amend any condition or impose a further condition in respect of such licence if in the opinion
of the Council the advertising sign (a) is or has as a result of a change to the nature of the environment or the amenity
of the neighbourhood, streetscape or urban design existing at the time of such
approval, become detrimental to the area in which it is located by reason of its
size, intensity of illumination, quality of design, workmanship, material or its
existence;
(b) is obscuring any other advertising sign, natural feature, architectural feature or
visual line of civic, architectural, historical or heritage significance;
(c) is or has become prohibited in terms of this bye-law or any other law; or
(d) is on reasonable grounds considered by Council inappropriate.
(2) If in the opinion of Council an advertising sign constitutes or has become a danger
to any person or property, the owner of the sign shall be notified in writing to fix or remove
the sign within forty eighty (48) hours.
(3) If the owner of an advertising signs fails to comply with sub bye-law (2) Council
shall have it removed and the costs incurred in removing the advertising sign shall be borne
by the owner of the advertising sign.
(4) prior to taking any decision in terms of sub bye-law (2) and (3) Council shall notify
the owner of the advertising sign in writing of its decision and that owner may within twenty
–one(21) days of receipt of that notice make written representation concerning the proposed
decision.
(5) The owner of the advertising sign and if applicable the owner of the property on
which the advertising sign is erected or displayed shall be given notice in writing of any
decision made in terms of sub bye-law (2) and (3).
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Notice of removal of illegal advertisements
9.
A person upon whom a notice under this regulation has been served, who fails to
comply with the requirements of such notice shall be guilty of an offence and shall on
conviction be liable, in addition to the penalty prescribed by regulation 21 of the Mbabane
Advertisement Bye-Laws of 1967, to a fine equivalent to fifty percent (50%) of the
prescribed user fees in respect of each day during which the notice is not complied with.
Hoarding and advertising signs in residential areas
10.
An advertising sign shall not be approved in areas zoned for residential use under the
Town Planning Scheme if that sign will not be compatible with the environment, amenity of
the neighbourhood, urban design or streetscape or if the sign will have a negative visual
impact on a property or properties.
Signs located on private property
11.
(1) A person who intends erecting or displaying an advertising sign on private
property in a position where the sign will be visible from a public place shall make an
application to Council prior to erecting such sign.
(2) An application in terms of this bye-law shall, in addition to the requirements of
bye- law 5, be accompanied by –
(a) a letter of consent from the owner of the property giving the applicant
permission to apply for the erection of the sign (if the applicant is not the
owner); and
(b) written confirmation from the landowner that all other existing signs on the
property have been approved by Council or applications for them are still
pending.
(3) An application fee for an application in terms of this bye-law shall be charged as
per the gazetted user fees.
Hoarding to be posted neatly
12.
(1) An advertising sign shall be designed and located in such a way that it (a) is not detrimental to the nature of the environment, streetscape, urban design or
detract from the architecture of any building on which or where the sign is to be
located by reason of abnormal size, appearance, intensity of illumination,
workmanship, design or its existence;
(b) does not wholly or partially obscure any advertising sign previously installed
which displays an advertisement;
(c) does not constitute danger to any person or property;
(d)
does not project outside the boundaries of the property on which it is to be
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erected or displayed;
(e) does not result in the removal or damage to any trees in the public place without
prior written authorisation of the council;
(f) is unsightly and does not to comply with minimum distances in relation to other
advertising signs as prescribed;
(g) does not have a detrimental visual impact on any residential property within the
area
(h) does not obstruct a fire escape or the means of access to or egress from a fire
escape; or
(i) does not comply with the minimum clearance with regard to overhead power
lines stipulated in any law.
(2)
An advertising sign on a public street or facing a public street including
advertising signs facing a regional or national road shall comply with the following
requirements (a) except for a street light pole and on-premises advertising signs of a minimum
distance of one hundred metres (100m), shall be maintained between advertising
signs or advertisements on the same side of a public street provided that the
Council may require a minimum distance exceeding one hundred metres (100m)
if it deems necessary in the interest of road safety; and
(b) an advertising sign may not be located on any prohibited area at any on and offramp of a road and in relation to overhead road traffic signs.
(3) An advertising sign on a public street or facing a public street controlled by road
traffic signs shall, in addition to other requirements of this bye-law, not (a) have red, amber or green as its main colours; and
(b) obscure or interfere with any road traffic sign.
(4)
An advertising sign shall be clear of any road traffic signs and shall be
positioned in such a way that (a) no free-standing advertising sign greater than eight square metres (8m²) in
extent maybe allowed on the premises within a fifty metre (50m) radius from
the centre of an intersection; and
(b) no street furniture used for advertising or a sign containing the name of a
suburb and an advertisement at an intersection may be within twenty metres
(20m) from any road or traffic sign.
(5) Except for advertising signs fixed against a building and construction site, any
advertising sign shall be positioned at least fifty metres (50m) from the centre of an
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intersection.
(6) Traffic flow may not be impeded during the installation or maintenance of an
advertising sign located on a public street unless prior permission has been obtained and
necessary precaution has been arranged with the Council.
Power Cable and Conduits to Signs
13.
(1) A power cable and conduit containing an electrical conductor for the operation of
an advertising sign shall be positioned and attached so that it is not unsightly and it shall also
be encased in a sleeve where it crosses any road or pavement.
(2) An advertising sign may not be connected to any electricity supply without prior
written permission from the owner of the power source, and extra care shall be taken to
ensure safety.
Prohibition of certain advertisements
14.
In addition to any other prohibition expressed or implied in this bye-law, a person
may not erect, maintain or display any advertising sign (a) painted on, attached to or attached between columns or posts of a veranda;
(b) which projects above or below a fascia (front wall), bearer, beam or balustrade
(railing) of a veranda or balcony fronting on a public street unless it is two point
two metres (2.2m) above the ground;
(c) which is luminous or illuminated and which is attached to a facia, bearer, beam or
balustrade of any splayed corner of a veranda or balcony fronting on a public
street. If a luminous light is close to an intersection the sign may not have red,
amber or green as its colours;
(d) on calico (cotton cloth), plastic, woven or similar material unless it is a sun-blind
advertisement or an advertisements on banners, flags and similar objects;
(e) which is a swinging sign (not rigidly attached to any building or structure);
(f) which may obscure, or be mistaken for, or interfere with the functioning of a road
traffic sign;
(g) which may endanger the safety of the public by restricting their vision or line of
sight;
(h) which obstructs any window or opening in a building provided for the ventilation
of that building or which obstructs any stairway or doorway or other means of exit
from a building or which will prevent the movement of persons from one part of a
roof of a building to another part thereof;
(i) which is an animated or flashing advertising sign, the frequency of the animations
or flashes or other intermittent alternations of which may disturb the residents or
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occupants of a building or is a source of nuisance to the public or detrimentally
affect or pose a risk or threat to road traffic or pedestrian safety;
(j) which is an illuminated advertising sign, the level of illumination of which disturbs
the residents or occupants of a building or is a source of nuisance to the public or a
portion of the public;
(k) which is a movable either temporary or permanent advertising sign, other than
those allowed in terms of this bye-law;
(l) if the extent of the advertising sign exceeds thirty square metres (30m²)
and is painted or fixed on a wall of a building other than a front wall of
that building unless such an application has been approved by Council
due to good cause being shown;
(m) which is painted on or attached to a boundary wall or fence which wall or
fence has not been approved with written notice from Council;
(n) which is attached to a road traffic sign or tree; and
(o) which is on a road island, excluding street light pole advertising signs.
Penalty
15.
A person who contravenes the provisions of regulations 5(a), 5(c), 5(e), 6(a),
6(c), 6(e), 17 or 18 of the Mbabane Advertisement Bye-Laws of 1967 shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding five thousand
emalangeni (E5000)
Standard condition applicable to all advertisements
16.
Except where otherwise provided in these Bye-Laws (a) A person wishing to install any advertising sign, use or continue to use any
advertising sign or any structure or device as an advertising sign or any structure
as an advertising sign has to apply for written approval from the Council.
(b) An advertising sign which has been erected with approval from council may not
be altered, removed, re-erected or upgraded in any way, other than for
maintenance work required for the upkeep of the sign without obtaining prior
written approval from council.
Maintenance of Signs
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17.
(1) The owner of an advertising sign is responsible for maintaining that sign and the
surrounding area so that it does not become unsightly or deteriorates to such a degree that it is
in conflict with any provisions of this bye-law.
(2) An owner of an advertising sign shall carry out at least one annual inspection of an
advertising sign with a view of satisfying ensuring that it has been properly maintained as
contemplated in sub bye-law (1) and carry out any necessary maintenance resultant upon
such an inspection.
(3) An owner shall keep a written record of any inspection made and maintenance
carried out in terms of sub bye-law (2) and shall retain such a record for a period of five (5)
years and on request by an authorised official make such a record available for perusal.
(4) If in the opinion of an authorised official any advertising sign is in a dangerous or
unsafe condition or has been allowed to fall into a state of disrepair or is in conflict with any
requirement of this bye-law, that authorized official may serve a notice to the owner of such a
sign requiring that owner, at the owner’s cost to remove the sign or take necessary steps
relating to the maintenance specified in the notice, within the specified period of time.
(5) If an authorised official is of the opinion that an advertising sign constitutes an
imminent danger to any person or property, that authorized official may without serving
notice in terms of sub bye-law (4), or if such a notice has been served but not complied with
within the specified period, that authorized official may remove that advertising sign or take
steps which that authorized official may consider necessary.
Maintenance of surroundings
18.
The owner of an advertising sign is responsible for the upkeep of the surrounding
area (within a radius of ten metres (10m)) through proper vegetation control and general
cleanliness.
Failure to maintain surroundings
19.
(1) Where a sign is found to be in disrepair and not properly maintained, the Council
shall serve notice in writing to the owner of the advertising sign to fix the sign within twenty
one (21) days.
(2) If an owner fails to fix a sign within the given time, Council shall remove the
advertising sign and the costs of removing that advertising sign shall be borne by the owner
and that owner shall be banned from ever being granted permission for advertising within the
boundaries of the urban area of Mbabane.
(3) If during the installation of a sign, the property of a third party is destroyed, the
owner of the advertising sign shall within fourteen (14) days after the sign has been installed
fix the property of the third party Council shall fix the property and the costs of fixing the
property shall be borne by the owner of the advertising sign. If the owner of the advertising
sign fails to pay the costs of fixing the damaged property the adverting sign shall be removed
and the consent granted by Council in respect of that advertising sign shall be withdrawn.
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(4) Where the owner of an advertising sign has been granted consent to install an
advertising sign and does not advertise what was submitted originally applied for, that
consent shall be withdrawn and owner of that advertising sign shall be ordered to remove the
advertising sign.
(5) Where an owner of an advertising sign fails to maintain and keep surroundings
around the advertising sign neat and clean Council shall maintaining the surrounding area and
the costs of maintaining the surrounding area shall be borne by the owner of the adverting
sign and where the owner of the adverting sign fails to pay the maintenance costs that owner
shall be ordered to remove the advertising sign.
Schedule
(1) Banner
A piece of cloth or similar material on
which an advertisement is displayed in
such a manner that it is legible in
windless conditions and is attached to
one or more ropes, poles or a flagstaff
that projects vertically, horizontally or
at any angle from the building or
structure to which it is attached or is
attached to a building or other structure,
but excludes a banner carried as part of
a procession.
(2) Billboard
A large outdoor board displaying
advertisements found in a high
traffic area such as alongside busy
roads.
(3) Blimp
A gas-inflated balloon or other object,
including any such object capable of
carrying passengers, which is attached
or anchored to the ground upon which
an advertisement is displayed.
(4) Combination or urban stack sign
A single freestanding structure specially
designed to accommodate and display
more than one advertising sign for a
location such as a roadside service area,
shopping centre, office park, industrial
park and other urban complexes.
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(5) Directional sign
An advertising sign indicating or
directing the attention of the public to a
place, undertaking or activity for the
purpose of advertising it.
(6) Poster
Any
placard
displaying
an
advertisement attracting public attention
to any event or activity for which a
poster may be approved.
(7) Projected sign
An advertisement projected by a
cinematograph or other apparatus onto
any surface. This does not include an
advertisement projected onto the
audience’s side of a drive-in cinema
screen during a performance.
(8) Projecting sign
An advertising sign, whether stationary
or actuated, attached to and protruding
from a building which is used for
commercial business, offices, industrial
or entertainment purposes and which
projects more than 300mm from the
surface of the wall to which it is
attached.
(9) Road traffic sign
Signs erected at the side of roads to
provide information to road users.
(10) Scrolling advertising sign
An advertising sign by means
which allows the rotation
changing of advertising faces
display different advertisements
one such sign.
(11) Sky sign
Any sign erected or placed on or
above any roof, parapet wall or the
eaves of a building. This does not
include an advertisement painted on
a roof of a building.
(12) Street furniture advertisement
An advertisement displayed on any
public facility or structure which is
not
primarily
intended
for
of
or
to
on
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advertising. This includes: a seating
bench; plant box; sidewalk litter bin,
pole-mounted litter bin, public
transport shelter, sidewalk clock,
suburban name sign and a street
name and drinking fountain.
(13) Street light pole advertising sign
An advertising fixed to or erected on
a street light pole which vests in the
Mbabane municipal council area.
(14) Third-party advertising sign
An advertising sign located on a
property upon which one or more
advertisements are displayed which
are not descriptive of any business,
industry,
service,
activity or
attraction situated, taking place or
provided on that property.
(15) Transit advertising sign
A vehicle or trailer designed or
adapted for advertising purposes and
mainly used for such purposes.
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