Bylaws are in place and should be enforced
'I am afraid to say the SAPS are running away from their duties,' - Izak Berg
THE mere implication from law enforcers and the fact that they are of the opinion that bylaws don’t exist is nonsense.
This is according to Clr Izak Berg, who said the following when asked to comment about the dire situations Alberton North residents and business people are facing: “I am afraid to say SAPS is running away from doing their duty and that charges should be brought against them by the Minister of Police.
”I will surely not accept the explanations of the spokesperson and would have taken it up with the relevant department if I was the ward councillor of the problem area.
“There is no cutoff time when it comes to noise. Disturbing of the peace is 24 hours a day and not after 22:00 by law. I think the SAPS’s spokesperson must go and read the Act again. This is what you get when the ward councillors do not attend CPF meetings and do not meet with the station commander frequently.”
Berg provided the RECORD with the following bylaws:
Disturbance of the peace:
1. No person shall unduly or without just cause, fire or discharge any firearm, air-gun or air pistol within the metropolitan area.
2. No person shall discharge fireworks without the prior written consent of the council, and such written consent shall hereafter be called a “fireworks permit”. Such permit will be readily available at the event and produced on request by an authorised officer. Any person failing to do so shall be guilty of an offence.
3. Provided that subsection (1) shall not apply in the event of formal target practise at a recognised shooting range.
4. No person shall, without the consent of the council in writing, play or permit the playing of any music, or use or permit the use of any loudspeaker or public address or other audible device on or adjacent to or which maybe heard in any street or public place.
5. No person shall disturb the public peace in a street or public place, or on private premises by making noises or causing them to be made by shouting, quarrelling, fighting, singing or playing any type of musical or noise creating instrument or by means of a radio, loudspeaker or similar device, or by riotous, violent or immoral behaviour.
6. No person shall at any time sound any warning device on any vehicles in such a manner as to produce a shrieking, raucous or offensive noise. Provided, however, that where in the case of emergency, the driver of a vehicle acts with the object of avoiding an accident, the use of such warning device shall not constitute an offence.
Berg further stated that the same goes for drinking in public. “There are most definitely bylaws in place to curb this behaviour and it is an offence if you do so,” he said.
Drunk in a public place: If the police think you are drunk in a public place they may arrest you and place you in custody. They may do this if they think it is necessary for your safety.
Drunk and disorderly in a public place: ”Disorderly” behaviour is acting in a way that disturbs the peace or interferes with the comfort of people who may be nearby. You can be charged if the police think your behaviour is intended to disturb, even if no one is actually disturbed by it.
Drunk and behaving in a riotous or disorderly manner: Riotous behaviour is behaviour that frightens a member of the public and makes them fear that some breach of the peace is likely to occur.
Disorderly has the same meaning as above, but the police may charge you with this, more serious, offence if they think your disorderly behaviour is severe.
Controlling alcohol-related violence in public places: Police have power to ban ”troublemakers” from some places where alcohol-related violence has happened before. People can only be banned from areas that have been identified as a trouble spot or ”designated area”.
You can be banned for up to 24 hours if police suspect you have committed an offence such as: violent or disorderly behaviour, sexual offences, destruction of property, and carrying a prohibited weapon near a licensed place.
If you are found guilty of committing one of the listed offences within a designated area, the court can order you to stay away from that area for up to 12 months.
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