More than 70 per cent of outdoor advertising in Johannesburg is illegal, therefore the City of Johannesburg (CoJ) has released the advertising by-laws that apply to all outdoor advertising in the area and jurisdiction of the City.
With these by-laws, the City aims to reduce the number of illegal signs in the area, and help the advertising industry realise the maximum value on approved signs.
To advertise in the outdoors, you first have to apply for approval. Approval for outdoor advertising in terms of these by-laws is required, irrespective of the zoning of any property in terms of any applicable town-planning scheme and irrespective of the provisions of any other law.
The owner of an advertising sign and any person who has applied for approval of an advertising sign in terms of these by-laws must comply with any provision of the by-laws relating to that sign and must ensure that such provisions are complied with, subject to anything to the contrary contained in such provision.
No person may erect an advertising sign or use or continue to use an advertising sign or any structure or device as an advertising sign without the prior written approval of the City.
No advertising sign erected and displayed with approval contemplated in any by-law repealed by section 38, may in any way be altered, removed, re-erected or upgraded, other than for maintenance work which may be required for the upkeep of an advertising sign, without prior written approval of the City and subject to such conditions and requirements as the City may consider appropriate, which may include the submission of proof of compliance with section 31.
The City may, after having considered any representations, withdraw an approval granted in terms of section 4(2); amend any approval by adding, amending or deleting a condition in respect of such approval if, in the opinion of the City, the advertising sign has become prohibited in terms of these by-laws or any other law; for example if the sign has been erected without the approval of the City.
Election nominee candidate posters may be displayed from the date of such nomination. An election poster or poster with voter registration detail, may be displayed from a date 14 days prior to the date of the proclamation in the Government or Provincial Gazette of the date of the election or voter registration, or if applicable, 14 days prior to the date of nomination of candidates, whichever date is earlier. According to the by-laws, any poster contemplated in this section must be removed by the person displaying it within five days after conclusion of the election or voter registration, failing which, the City shall within 10 days after the conclusion of the election or voter registration notify the relevant party to remove the posters within a time period specified, failing which, the City may remove the posters itself against a prescribed fee per poster payable by the relevant party.
If, in the opinion of an authorised official, any advertising sign has been allowed to fall into a state of disrepair or is in conflict with any provision of these by-laws, such authorised official shall serve a notice on the owner of such sign and the owner of the property requiring him or her, at his or her own cost, to remove the advertising sign or take other steps relating to the maintenance specified in the notice, within a period so specified, failing which, such authorised official may take such steps necessary to remove such advertising sign, which shall include the removal of such sign without a court order if the sign has been erected on City-owned property, on property that vests in the City in terms of any applicable legislation, or on any public place. If the City finds that the sign is breaking any laws or is illegal, the owner will be fined and can be imprisoned.
If an advertising sign is in contravention of any provision of these by-laws, the sign will be deemed illegal and an authorised official may mark the advertising sign as illegal by pasting the words “illegal sign” over the entire advertisement, rendering the advertisement null and void.To read the City of Johannesburg’s outdoor advertising by-laws, visit
https://joburg.org.za/documents_/Documents/By-Laws/OUTDOORADVERTISING_bylaw2017.pdf
