Bulawayo's clamping and tow-away by-laws approved

THE Minister of Local Government and Public Works, in terms of section 229 of the Urban Councils Act [Chapter 29:15], has approved the City of Bulawayo (Clamping and Tow-away) By-laws, 2023 which allows council to immobilise or cause such vehicle to be immobilised by way of a wheel clamp.

The by-laws will apply in the central business district the area bounded by Masotsha Ndlovu Avenue, 15th Avenue, Lobengula Street and Samuel Parirenyatwa Street.

Any authorised person may, if he or she has reason to believe that a violation of traffic by-laws referred to in the Schedule has been committed.

If the motor vehicle has not been clamped and the relevant charges incidental thereto paid, subsequently remove and tow away the motor vehicle to a secure compound after a period of at least two hours has elapsed:

A motor vehicle can be clamped simultaneously with the issuance of a traffic ticket for the violation of the by-laws.

In the case of either a co-operating or first time offender, an authorised person may escort the offender to a secure compound with the owner or driver of the offending vehicle driving. An authorised person, provided is licensed according to the Road Traffic Act [Chapter 13:11], may drive an impounded vehicle to the storage compound at a cost equivalent to that of tow fees. Any accident, harm or injury to both the authorised person and impounded vehicle or motor vehicle shall be the responsibility of the owner of the vehicle together with medical expenses that may occur thereto and the car might be sold by council at an auction in case the offender fails to take such a responsibility. Any person or driver who drives or takes an escorting detail to a place other than storage yard shall be liable to charges of kidnapping or any other charge in terms of the criminal laws.

Not withstanding subsection (1), where the motor vehicle is obstructing traffic, an authorised person may not clamp the vehicle first but shall immediately remove and tow away the motor vehicle to a secure compound.

Risk in any motor vehicle removed to a secured compound in terms of these by-laws shall remain with the owner.

A motor vehicle removed to a secure compound shall be released upon payment by the owner of such motor vehicle

Council shall publish in any newspaper circulating within the council area list of vehicles immobilised and advise the owners to claim the vehicles within a period of thirty (30) days.

Council shall sell by public action any vehicle that remains unclaimed thirty (30) days after a notice has been published.

Abandoned vehicles or motor vehicles and trailers will be given a ten (10) days' notice to be removed, failing which council shall tow them to a secure compound at a cost to the owner.

Abandoned motor vehicle shells and wracks, those with punctured tyres, parked in council bays or any council land unlicensed in terms of the Road Traffic Act [Chapter 13:11] shall be regarded as dirt and nuisance and removed immediately to a secure compound without notification at a cost to the owner.

Vehicles or motor vehicles in a dirty and filthy state not displaying valid licence discs will be immediately removed from the road or any area under the jurisdiction of the at a cost to the owner.

Push carts shall not be allowed in the part of the central business area bounded by Nelson Kutshwekhaya (N.K.) Ndlovu Avenue, Lobengula Street, Joseph Msika Avenue and R. Mugabe Way, any violation will attract a level 1 fine plus impounding costs.

Council shall be indemnified against any damages that may occur in the opening by authorised persons of motor vehicles that will be subjected to towing and any vehicle or motor vehicle whose owner or driver fail to pay before close of business shall be towed to a secure compound with or without owner's consent.