# Summary

- Link: https://dearsouthafrica.co.za/coct-prevention-of-noise-nuisances-amendment-by-law/summary/
- Published: 2020-04-23T16:56:30+02:00
- Author: dearSA

[ Have your say on this CoCT draft by-law](https://dearsouthafrica.co.za/coct-prevention-of-noise-nuisances-amendment-by-law/)

### The most notable changes which the city wants to introduce include:

 * **Instruction to leave the area** – An authorised official may instruct a person
   who is in contravention of the by-law to leave and remain out of an area where
   a contravention has taken place;

 * **Inspections** – An authorised official may enter or inspect any premises or
   business where there are reasonable grounds for believing that a provision of
   this by-law has been contravened, or where there has been **an allegation that
   a provision of this by-law has been contravened;**

 * **Search and seizure** – **Without a warrant,** an officer may stop, enter and
   search any vessel, vehicle, premises or person for a _prima facie_ (at face value)
   offence in terms of this by-law occurring;

 * **Impounding** – An officer may, **without a warrant, seize and impound any property**,
   including but not limited to, an item, goods, equipment, vessel or a vehicle 
   which is concerned or is on reasonable grounds believed to be concerned with 
   the commission of an offence in terms of this by-law. The city may sell, donate
   or dispose of the impounded item if it is forfeited by the court a person does
   not claim the item.

The **[by-law](https://openbylaws.org.za/za-cpt/act/by-law/2007/streets-public-places-noise-nuisances/eng/)**
relates to the management of public places, noise nuisances and other incidental
matters on all properties within Cape Town, the city said.

### Some of the offences currently covered by the by-law include:

 * Intentionally blocking traffic;
 * Permitting noise from a private residence or business to be audible in a public
   place;
 * Causing a disturbance by shouting, screaming or making any other loud or persistent
   noise or sound;
 * Using abusive or threatening language in public;
 * Door-to-door collections;
 * Being drunk or under the influence of drugs;
 * Trees on a property causing an interference or obstruction;
 * Begging;
 * Relieving themselves, spitting, or performing sexual acts in public.

The city said that all of its proposed changes in the new amendment relate specifically
to **section 22** of the by-law, which guides the city’s actions on transgressions
and the recovery of costs.

“The amendments are proposed to ensure more effective resolution of complaints from
the public,” the city said in an explanatory **[statement](http://www.capetown.gov.za/Media-and-news/City%20proposes%20minor%20amendments%20to%20Streets%20and%20Public%20Places%20By-law)**.

“It also takes into account the amended powers that have been afforded to law enforcement
officers, and expands ways in which the city can recover costs where need be.”

 

### DOWNLOAD DOCUMENTS

 * [PREVENTION OF NOISE NUISANCES AMENDMENT BY-LAW](https://www.scribd.com/document/457725260/Cape-Town-by-laws#from_embed)