…Contravention of the new bylaw will attract E25,000 fine
MBABANE – If you chill and imbibe on alcoholic beverages at any park in Mbabane, read this.
A new bylaw has been developed by the Municipal Council of Mbabane to make parks and other public open spaces safer. The bylaw, in essence, bans the carrying of firearms, drinking alcoholic drinks, and other behaviours that may endanger other users of public open spaces.
Public open spaces include water bodies such as rivers, canals, lakes, wetlands and reservoirs, natural and artificial forests, mountains, ridges, road reserves, parking areas, parks, playgrounds, centres where concentrated socio-economic activities may occur within the city, quarries and landfills.
Open spaces are a valuable contribution to quality of life, health and the local economy.
Open spaces provide vital green infrastructure benefits such as mitigating climate change, flood alleviation and ecosystem services. And the City of Mbabane has a vast network of public open spaces. Providing public spaces in cities addresses both climate change mitigation and resilience. The Municipal Council of Mbabane, in line with Sustainable Development Goal 11, has developed Public Open Bylaws in order to ensure the effective management of open spaces, in support of the Mbabane City Parks and Public Open Space Strategy.
The bylaws address aspects of the management of public open spaces including the general administration, general powers of Council, fees, prohibited conduct and application for authorization.
Powers and Obligations of Council
In order to facilitate improvement and mitigate the impact of certain activities that may result in damage or disturbances of public open spaces, the bylaws give Council the power to restrict access temporarily or permanently for a specified period of time. This may apply to the whole public open space or a defined part it. The bylaws set new obligations to Council, including ensuring that public open spaces are open between sunrise to sunset and displaying of notices that show specific rules applicable to each public open space.
No Alcoholic Drinks and Guns
It is important to note that under the bylaws, general prohibitions include the restriction of users to act in a manner that is dangerous to life or property and contravenes environmental policies. Driving, propelling or drawing a vehicle (other than a bicycle) in a public open space is restricted, except in a designated parking area.
Other prohibited activities include erecting a structure, bathing or washing, starting a fire, camping, consumption and/or sale of alcoholic beverages, shooting a projectile, carrying a gun, fighting, disturbing other people and defacing any infrastructure or equipment in the public open space. The use of specific designated parts of a public open space for hawking or a special event is only permitted if Council has let that part to a person for that purpose.
Council Officials have the power to instruct a person to leave a public open space if there is a reasonable belief that the person is contravening any provisions of the By-Laws.
Application for Authorizations
Any person who wants to undertake any special activity must make an application in writing to the Council for permission to do so, this application must be accompanied by the prescribed fee. The Council may, after receiving an application, request the applicant to provide additional information which the Council reasonably requires in order to consider the application. The Council may not grant permission for any person to behave in a manner which is prohibited in terms of these bylaws. This may apply to special events and farming in open spaces.
The bylaws make a provision for Council to enter into agreements for cooperative management of public open spaces, with any organization, local community or individual to provide for the co-operative development or co-operative management or the regulation of human activities within a public open space.
Powers and Obligations of Council
In order to facilitate improvement and mitigate the impact of certain activities may result in damage or disturbance of public open spaces, the bylaws give Council the power to restrict access temporarily or permanently for a specified period of time. This may apply to the whole public open space or a defined part it.
The bylaws sets new obligations to Council, including ensuring that public open spaces are open between sunrise and sunset and displaying of notices and displaying the specific rules applicable to each public open space.
Offences and Penalties
Contraventions of the bylaws are subject to prosecution any person who is found guilty of an offence shall be liable, on conviction, to pay a fine not exceeding E25,000 or imprisonment for a period not exceeding six months.
Fees
Council may prescribe the following fees:
- for the use recreational or other facilities which the Council provides within any public open space, which will be determined from time to time;
- for entrance to any public open space which is significantly more expensive to maintain than other public open spaces.
- for the right to undertake a special event;
- for the right to exclusively use municipal property for a specific period;
- A deposit prior to undertaking a prohibited activity permitted by the Council;
- An annual or monthly fee for the right to use urban agricultural public open space to the exclusion of any other person
Important Message for Residents
Residents are encouraged to familiarize themselves with the bylaws in order to ensure that they observe the new provisions under the bylaws while they enjoy the full benefits of the public open spaces in the city. For more information on the bylaws, Residents should consult Council’s Head Office or website at www.mbacity.org.sz.
