Sea and Coast By-Law Enforcement

Flashcards covering municipal legislative authority, enforcement officer powers, problem-oriented policing strategies, and specific local by-laws related to sea, coast, and river management.

From what source do municipalities derive their original legislative power?

The Constitution, not delegated from higher spheres of government.

What are the three categories of municipalities established by the Constitution?

Category A (metropolitan), Category B (local), and Category C (district).

What happens to a municipal by-law that conflicts with national or provincial legislation according to section $156(3)$ of the Constitution?

The by-law is invalid.

According to the court in Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council, how is the municipal council described?

A deliberative legislative assembly with its own constitutional powers.

Which schedule of the Constitution lists functional areas where national and provincial spheres have concurrent legislative competence?

Schedule $4$.

Name three local government matters listed in Part B of Schedule $4$.

Any three of: Air pollution, Building regulations, Child care facilities, Electricity and gas reticulation, Firefighting services, Local tourism, Municipal airports, Municipal planning, Municipal health services, Municipal public transport, Municipal public works, Pontoons, ferries, jetties, piers, and harbours, Storm water management, Trading regulations, Water and sanitation services.

Name three local government matters listed in Part B of Schedule $5$.

Any three of: Beaches and amusement facilities, Billboards, Cemeteries, Cleansing, Control of public nuisances, Control of liquor sales, Facilities for animals, Fencing, Licensing of dogs, Licensing of food-selling, Local amenities, Local sport facilities, Markets, Municipal abattoirs, Municipal parks, Municipal roads, Noise pollution, Pounds, Public places, Refuse removal, Street trading, Street lighting, Traffic and parking.

In the context of local government supervision, what does the term 'Regulate' mean as clarified by the Constitutional Court?

A broad managing or controlling rather than a direct authorisation function, relating to setting essential national standards and monitoring procedures.

Who is the head of administration responsible and accountable for the implementation of a municipality's by-laws?

The Municipal Manager.

What are the three categories of officials that can legally enforce municipal by-laws?

1. Law enforcement officers appointed by the municipality (peace officers), 2. South African Police Service (SAPS), 3. Municipal (metro) police officers.

Under which section of the Criminal Procedure Act must a municipal law enforcement officer be appointed to execute law enforcement duties?

Section $334$.

What are the three requirements for appointment as a peace officer under Part $5$ of the Schedule to GN R1114?

No previous convictions, must not have been declared unfit to possess a firearm, and must have undergone suitable training recognised by SAPS.

What did the court rule in City of Johannesburg v International Parking Management (IPM) regarding private enforcement?

Private enforcement of minor, non-discretionary functions is permissible with appropriate checks, provided the municipality retains control and the NPA retains prosecutorial discretion.

What four questions determine if a problem exists before adopting a problem-oriented approach?

Do the events repeat? Are the events similar? Are the events harmful? Do the events affect the community?

What are the three elements of the Problem-Analysis Triangle?

A motivated offender, a suitable target, and a place.

What does the SARA model acronym stand for in Problem-Oriented Policing?

Scanning, Analysis, Response, and Assessment.

What is the core idea of the Broken Windows Theory described by Wilson and Kelling in $1982$?

Visible signs of disorder lead to increased fear and resident withdrawal, which allows more serious crime to move in due to decreased informal social control.

Under the Commonage By-Law, what is required before a person may keep or graze any animal on commonage land?

Written approval from the municipality.

What is the maximum validity period for a Certificate of Registration for flammable substances under the Fire Safety By-Law?

$12$ months.

According to the Fireworks By-Law, what power does a peace officer have when fireworks are found in contravention of the regulations?

The power to seize the fireworks.

What is the maximum period a person may camp in a designated area under the Public Amenities By-Law without further consent?

$3$ months in any $12$-month period.

According to the Public Nuisances By-Law, what is the limit for keeping dogs and cats without special permission?

No more than $2$ dogs and $2$ cats.

Under the Rivers By-Law, what is the internal combustion engine threshold requiring registration and a license from the municipality?

A power boat over $15\,hp$.

What is the blood alcohol limit for operating a boat under the Rivers By-Law?

$0.05\%$ or more.

In terms of the Rivers By-Law, how many meters must one be from a slipway to legally fish?

Exceeding $20\,meters$ (fishing within $20\,metres$ of a slipway is prohibited).

What length of anchor line is required for a boat under the Rivers By-Law equipment list?

$30\,metres$.

How long can a houseboat be anchored without permission according to the Rivers By-Law?

No more than $24\,hours$.

Under the Heritage Resources and Cultural Institutions By-Law, what is the time limit for an affected person to appeal a decision to the municipal manager?

$21$ days.