The Cape Town City Council has approved the new Unlawful Occupation By-law, including updates to the Streets, Public Places and Prevention of Noise Nuisances By-law, which has been in existence since 2007.
The City’s Executive Mayor, Alderman Dan Plato said that the City has a constitutional obligation to make sure that the public open spaces and city remain sustainable, that there is equality before the law.According to the City, these
by-law amendments are designed to help resolve public complaints more
effectively. There are currently over 350 hotspots for public complaints around
by-law violations relating to people living on the streets.
the law have been amended to provide for the following:
- A person found sleeping in a public place
without authority will first be issued with a compliance notice;
- They will be offered alternative shelter;
- Such a person only commits an offence if
they refuse a reasonable offer of alternative shelter;
- In sentencing, a court will give a guilty
person the option to pay a fine.
The by-law also limits and
explicitly states that law enforcement may:
- Direct a person to stop prohibited
conduct, remove an obstacle, and to leave and remain out of a specified
place
- Issue compliance notices as well as
notices to appear in court or pay a fine
- Arrest a person who commits an offence in
terms of the by-law and to search a person if necessary
- Impound goods and materials as per the
City’s Standard Operating Procedure on the Impoundment of Goods and
Animals
- Require identification
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