Proposed MCC traffic, prepaid parking, clamping and tow away by-law review

MUTARE City Council is among local authorities whose by-laws are now archaic, most of which having been developed pre-independance. The by-laws have not been reviewed for far too long and in most cases are no longer fit for purpose.

In our earlier article in this publication, we showed how by-laws are developed by local authorities and going forward, we will be sharing detailed proposed amendments to our by-laws for the purposes of informing our ratepayers and stakeholders.

This instalment is one such article intended to act as part of a wider consultation process in developing and updating by-laws.

Residents are invited to give input to the process so that the end product has buy-in of all concerned parties which will surely make enforcement easier.

We call upon residents to have their voice heard through inputting to this process which after adoption will be binding on all users of our parking spaces.

Title and Application

1.(a)These by-laws may be cited as the City of Mutare (Prepaid parking, Clamping and Tow-away) By-laws 2023

(b)These by-laws shall apply to the area under the jurisdiction of the City Council of Mutare.

Interpretation

2. In these by-laws:

“authorised person” means “authorised person” includes an authorized officer as defined in Municipal Traffic Laws Enforcement Act (Chapter 29:10) or any person employed by Council or any agent delegated by Council to carry out any function in terms of these and solely by such person; and by-laws or any person employed by Council (b)an auto-cycle; in terms of section 142 of the Urban Councils “owner” means any person in whose name Act [Chapter 29:15]; a motor vehicle is registered including any

“clamp” means to immobilize a motor-vehicle person duly authorised by the registered by means of a wheel clamp or any other owner to have possession and control of the gadgets; motor vehicle and to whom documentary “Council” means the City of Mutare; proof of ownership has been vested; “designated area” means: “parking disc” means a prepaid parking (a)a parking place; or disc or any other official receipt issued by (b)any suitable site established as a bus terminus Council for this purpose. by the Council. “parking fee” means a fee paid to Council

“driver” means the operator of a motor each time a passenger motor-vehicle stops vehicle; to pick up and drop off passengers at a designated

“motor-vehicle” means any vehicle propelled area; by mechanical or electrical power and “parking-place” means a place designated intended or adapted for use or capable of by prescribed parking lines so placed on the being used, on roads, but does not include road surface as to indicate the limits thereof; the following: “public parking area” means any area

(a)a vehicle propelled by mechanical power designated as a parking area in terms of the and specially designed and constructed (and Mutare (Traffic) by-laws, any other traffic not merely adapted) for the use of persons suf- by-laws which Council may make from fering from some physical defect or disability, time to time.

“section of the road” means the portion of the road lying between two other roads which join it at an angle;

“secure compound” means any area designated by Council for the purposes of safe keeping of vehicles removed under these by-laws;

“towing away” means the removal by an authorised person of motor vehicle that is parked or stationery in violation of these by-laws;

“towing away and storage charges” means charges prescribed in the Second Schedule;

“traffic ticket” means a notice specifying that an offence against these by-laws has been committed and that is given to the occupant of the motor vehicle or securely affixed to a motor vehicle in a conspicuous position;

“wheel clamp” means a device used to immobilise a motor vehicle that is designed to surround a vehicle wheel in such a manner as to prevent the removal of the wheel and the clamp.

“vehicle” means any vehicle not self-propelled by mechanical, electrical or other power, and includes an auto-cycle, a pedal-cycle, a tricycle, a handcart or any other contrivance which is propelled by or drawn by human power or by any animal, whether such animal is ridden, led or driven.

Prepaid parking discs

1.(1) Council shall, upon payment of the requisite fee, issue a parking disc for use in a designated parking bay. (2)Parking discs shall only be valid for periods of thirty minutes and/or one hour or as may be determined by Council from time to time,

(3) A parking disc issued in any calendar year shall be valid only during the currency of that year and shall expire at the end of that year and no refund shall be claimed for a disc not used during the period of validity.

(4) Parking discs may be purchased from marshals immediately after parking.

(5) A parking disc shall bear on its face and in background print, the Council’s inscription, logo and a serial number and shall contain instructions on how to perforate where applicable.

Parking in prepaid parking bays

2.(1)Where a driver of a motor vehicle causes or permits such vehicle in parking bay area(a)to be parked; or

(b)for the purpose of taking up or setting down goods or passengers to be stationary,

Such a driver shall exhibit or cause to be exhibited on the left top of the dashboard, inside the vehicle, a valid duly perforated parking disc.

(2) A driver of a motor vehicle shall make perforations on the disc to indicate the month, date and the time at which he/ she moved into the parking bay.

Designation of prepaid parking bays

3.The Council shall publish, from time to time in the Government Gazette, a notice designating parking spaces where the prepaid parking discs shall be used. Designation of Parking Lots 4.(1)The Council shall, from time to time, designate parking lots within the CBD area where the driver of a motor vehicle can park his or her motor vehicle for long periods of time up to the whole day for a fee to be prescribed by Council from time to time.

(2)The Third Schedule contains designated parking lots: provided that motor vehicles shall be so parked at the owners’ risk.

Appointment of parking staff

5. (1)Every authorized person is vested with powers to enforce these by-laws

(2) Council shall deploy its authorized persons in the capacity of marshals, supervisors, loss controllers or other designated agents for purposes of carrying out any function in terms of these by-laws.

Prepaid parking offences and penalties

6.(1) Any person who(a)Causes or permits a motor vehicle to be parked in a designated parking bay without a valid parking disc; or

(b)Fails to perforate a parking disc; or (c)Continues to park in a designated parking bay after the expiry of a parking disc; or

(d) Fails to display a parking disc in the appropriate place as specified in these by-laws.

Shall be guilty of an offence and will be liable to(i)A fine, and

(ii)Having his or her vehicle clamped and shall be charged a clamping fee.

(2) Where a person fails to pay the fine and clamping fee as prescribed in (1) (d) within one hour the vehicle shall be towed away to a secure compound designated in terms of section 12.

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