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

Blessing Chafesuka
From the Town Clerk’s Desk

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-laws¾“authorised person” means “authorised person” includes an authorised 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 by-laws or any person employed by Council in terms of section 142 of the Urban Councils Act [Chapter 29:15]; “clamp” means to immobilize a motor-vehicle by means of a wheel clamp or any other gadgets; “Council” means the City of Mutare; “designated area” means:

(a)a parking place; or

(b)any suitable site established as a bus terminus by the Council.

“Driver” means the operator of a motor vehicle; “motor-vehicle” means any vehicle propelled by mechanical or electrical power and intended or adapted for use or capable of being used, on roads, but does not include the following:

(a) a vehicle propelled by mechanical power and specially designed and constructed (and not merely adapted) for the use of persons suffering from some physical defect or disability, and solely by such person; and

(b) an auto-cycle; “owner” means any person in whose name a motor vehicle is registered including any person duly authorised by the registered owner to have possession and control of the motor vehicle and to whom documentary proof of ownership has been vested; “parking disc” means a prepaid parking disc or any other official receipt issued by Council for this purpose.

“Parking fee” means a fee paid to Council each time a passenger motor-vehicle stops to pick up and drop off passengers at a designated area; “parking-place” means a place designated by prescribed parking lines so placed on the road surface as to indicate the limits thereof; “public parking area” means any area designated as a parking area in terms of the Mutare (Traffic) by-laws, any other traffic by-laws which Council may make from 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) 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:

(1)Where a driver of a motor vehicle causes or permits such vehicle in parkingbay 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:

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 Lots4.

(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:

(1) Every authorised 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:

(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.

Wheel Clamping and Towing Away:

(1) An authorised person may, if he or she has reason to believe that a violation of the traffic by-laws referred to in the First Schedule has been committed:-

a) immobilise or cause such motor vehicle to be immobilised by way of a clamp; and

(b) if the motor vehicle has not been claimed and the relevant charges incidental thereto paid, subsequently remove and tow away the motor vehicle to a secure compound after a period of:

(i) at least one hour or,

(ii) less than one hour if the owner of the vehicle consents to the tow away or if the clamped vehicle poses a threat to other vehicles:

Provided that motor vehicle shall be clamped simultaneously with the issuance of a traffic ticket for the violation of the by-laws.

(2) An authorised person may remove or cause to be removed, any motor vehicle immobilised in terms of these By-laws to a secure compound.

(3)A motor vehicle removed to a secure compound shall be released upon payment by the owner of such motor vehicle of:-

(a) the fine specified in the First Schedule or Second Schedule; and

(b) wheel clamping, tow away and storage charges specified in the Second Schedule.

Unclaimed vehicles:

(1) Council shall publish a notice in two issues of a national newspaper, a list of vehicles impounded and advise the owners to claim the vehicles within a period of thirty days.

(2) Council may sell by public auction any vehicle that remains unclaimed thirty days after the lapse of the second notice referred to in subsection

1. Proceeds of the sale of a motor vehicle and any balance shall:

(i) be paid to the owner if, within ninety days from the date of auction, s/he submits a written request to the Council for such payment, or

(ii) be forfeited to Council if the owner fails to claim for the payment within ninety days from the date of auction.

(3) Council shall operate a special account into which money realized from the sale of unclaimed vehicles shall be deposited.

(4) Any money not claimed within ninety days after the sale of the motor vehicle shall be:-

(a) used by council in making improvements or new developments for vehicular traffic that is parking area or commuter waiting area in the area the crime has been committed; or

(b) used by for acquisition of traffic enforcement devices that are meant to deter the traffic population from committing offences stated in these by-laws; or

(c) used for awareness campaign programmes related to traffic enforcements.9. Council shall publish in any national newspaper (a) any place(s) designated as a secure compound; and (b) identify authorised person(s) using:-

(i) type of uniform used during the working hours by the authorised person, or

(ii) type of badge if available, or

(iii) the nature of the identity cards to be possessed by any authorised person, or

(iv) any such particulars the Council may deem necessary.

Offences:

(1) No person shall:

(a) unlawfully attempt to or obstructs an authorized person in the exercise of his or her duties under these laws; or

(b) unlawfully attempt or remove, remove or cause to be removed a wheel clamp; or

(2) Any person found in contravention of these by-laws specified in Sub-section shall:

(a) be guilty of an offence and liable to a fine not exceeding level three or to imprisonment for a period not exceeding six months or both such fine and such imprisonment, or

(b) be liable to a penalty.

(3) (i) The penalty for contravening this by law shall be as set out by Council from time to time.

(iii) It shall be the discretion of the Chamber Secretary to determine whether a fine or a penalty is applicable.

All ratepayers and resident intending to give their input on the review of the above by-law are invited to do so through making hard copy submissions to the Office of Town Clerk at Civic Centre, Mutare or make their submissions through email to: [email protected].

Mutare City Council is organising citywide and ward based consultation meetings to solicit ratepayers’ views.

Notices of the meetings shall be published on Diamond FM and The Manica Post once the administrative processes are concluded.