THE MUNICIPAL OF MAVOKO

(DESIGNATED PARKING PLACES) BY-LAWS 2009

THE LOCAL GOVERNMENT ACT

THE TRAFFIC ACT

(Cap. 403)

IN EXERCISE of the powers conferred by section 72A of the Traffic Act, the City Council of Nairobi hereby makes the following by-laws;-

THE MUNICIPAL COUNCIL OF MAVOKO
(DESIGNATED PARKING PLACES) BY-LAWS 2009

Citation (1) These By-laws may be cited as the Municipal Council of Mavoko (Designated Parking Places) By-laws, 2009

Interpretation (2) In these By-laws, except where the context otherwise requires;-

“Charge’’ includes fees;

“Clamp’’ means a metallic instrument used to lock the wheels of a vehicle;

“Council” means the Municipal Council of Mavoko;

“Council motor vehicle” means a vehicle owned by the Municipal council of Mavoko and registered in the council numbers;

“Government motor vehicle” means a vehicle owned by the Government of Kenya and registered as a Government of Kenya vehicle;

“Inspector” means an officer of the Council authorized by the Town Clerk to control and supervise the designated parking places and includes any authorized assistant;

“Owner” means the person in whose name a vehicle is registered under part II of the Traffic Act, and in relation to a vehicle which is subject of a hire purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;

“Parking space” means a space in a parking place, which is provided for parking of a single vehicle;

“Revenue Officer” means an officer of the Council authorized in writing by the Council to collect parking fees;

“Town Clerk” means the person for the time being holding the office of the Town Clerk of the Council, his deputy and any other officer of the Council authorized by the Town Clerk in writing;

“parking permit” means a permit issued by the Council authorizing the owner of a vehicle to use a designated parking place;

“vehicle” includes any motor vehicle, motor cycle, tractor, trailer, wagon or cart;

Designation of parking spaces (3) The areas on the roads or off the road described in the 1st schedule to these By-laws as designated parking places for vehicles.

Number and situation of parking spaces (4) The number and situation of parking places shall be such as are determined by the Council;

Marking of parking spaces (5) The limits of each parking place and the limits of each parking space in it shall be marked on the road, by line studs or other indication in such manner as the Council may determine;

Duration of parking place payments (6) No vehicle shall park in a designated parking place for a duration exceeding the paid for duration.

No reserved parking (7) No person shall put a signpost or any other sign in a parking space stating that the parking is reserved without the prior consent of the Council and payment of the fees prescribed in the Second Schedule.

Manner of parking (8) No person shall park in, or drive into or drive out of a designated parking place, a vehicle in such a manner that the vehicle stands in, or passes over part of one parking space and part of another, or any line, stud or other indication making the limits of a parking space.

Charges of parking (9) 1. No vehicle shall be driven into or parked within the limits of a parking place without the owner or the driver first paying to the Council in advance the charges prescribed in the second schedule to these By-laws.

1. All vehicles parked within a designated area shall be liable to pay parking fees.

Charges for clamping (10) 1 Where a vehicle is parked in a designated parking place or space with no prior payment of the required charge, a Council officer shall clamp the vehicle after which the motor vehicle shall be towed by the enforcement officer or a Police Officer for safe custody;

2 Where a vehicle has been clamped or removed in pursuance of this By-law the owner of such vehicle shall pay, or cause to be paid to the Council the fee specified in the second schedule to these By-laws;

3 (i) Where the owner of a vehicle which has been removed according to the provisions of this By-law does not pay the fees and expenses due within a period of sixty days from the day on which the vehicle was removed, the Council may sell or otherwise dispose of such vehicle by public auction;

(ii) Notice of the intended auction shall be placed in the print media, and the proceeds of such sale or disposal, if any, be used to recover the cost incurred by the Council in removing, storage and disposing of the vehicle.

Display of parking permit (11) (a) Every driver or any other person in charge of a motor vehicle driven into or parked within the limits of a parking place who has paid a parking fee shall display the parking permit in the front windscreen showing the amount paid and the date and time the vehicle entered the parking place;

(b) Any person who does not display the parking permit as specified in this By-law shall be deemed not to have paid and the provisions By-law 10 by these by - laws shall apply to the motor vehicle.

Free parking (12) (a) No charges shall be payable as specified in the second schedule after 2.00 pm on Saturdays, whole day on Sundays and Public Holidays;

(b) No place within the designated parking areas shall be a free parking area other than for reservation for official use of the Ministers, Assistant Ministers, Permanent Secretaries and Heads of Diplomatic missions.

Identification of officers (13) The Revenue Officers responsible for the collection of the parking fees within the designated parking areas shall, at all material times in the course of such duty, put on a uniform, carry and have with them a proper identification badge, issued by and bearing the authority of the Council.

Multiple parking (14) Any parking permit issued for a particular vehicle shall not be used for another vehicle other than the one whose registration number appears on the parking permit.

Permit for Parking Business (15) Any person having a commercial private parking place within the City shall obtain a permit from the Council to carry on such business under the provisions of the single business permit.

, (16) Any person who contravenes the provisions of these By-laws commits an offence and shall on conviction be liable to a fine as provided for under the third schedule.

Signaling Guiding or directing driver of a vehicle into or out of parking places (17) Any person who shall without just cause or excuse, guides or directs or attempts to purport to signal, guide or direct the driver of any vehicle into or out of any parking place provided by the Council or on any road under its jurisdiction or on any land owned by the Council or under its control or in or adjoining any area on roads designated as parking places for vehicles under the Designated Parking Places of Municipal Council of Mavoko By-laws shall be guilty of an offence.

Transfer (18) No parking permit shall be transferred so as to apply to a vehicle other than that in respect of which it was originally issued.

Offences concerning designated parking spaces (19) Any person who;-

a) with intent to defraud, interferes with the writings or marks on a parking permit already issued, or

b) without authority of the Council uses a parking space for the purpose of advertisement; or

c) wilfully damages vehicle clamp or any of its parts; or

d) wilfully uses the parked vehicle to carry out business on a Council designated parking space;

e) without the authority of the council removes or attempts to remove a clamp from a clamped vehicle, shall be guilty of an offence.

Obstruction (20) Any person who willfully obstructs, hinders, or otherwise interferes with any officer of the Council in the execution of his/her duties under these by-laws shall be guilty or an offence.

Removal of vehicles (21) 1. where;-

a) a vehicle is left in a designated parking place and the parking charge or de-clamping charge which is thereby incurred is not duly paid;

b) a vehicle is left in a designated parking place and any of the provisions of part VI A of the Traffic Act or these By-laws relating to the manner in which the vehicle should stand in a parking place are thereby contravened;

c) a vehicle is left in a designated parking place otherwise than is authorized by part VI A of the Traffic Act or by these By-laws;

d) a vehicle has remained clamped, any person appointed in writing by the Town Clerk may remove such vehicles and keep the same in safe custody by means of break down or any other means of removal available at that moment at the owners risk.

1. Where a vehicle has been removed in pursuance of this By-law the owner of such vehicle shall pay, or cause to be paid to the Council, pounding charges as per the Second Schedule for safe custody, together with the towing fees in respect of the expenses incurred by the Council in removing and keeping such vehicle in safe custody before he can recover the vehicle.

Damage or loss (22) Where a vehicle has been clamped or has been removed in pursuance of these by-laws, the Council shall not be held responsible for any damage or loss, which may occur during the clamping or removal of such vehicle.

Changes in By-laws schedules (23) The council shall from time to time amend the schedules for designated parking place, charges for parking, clamping and towing charges and fines for offences under these by-laws by giving a notice not exceeding 30 days in the local newspapers by way of advertisement after which the gazetting of the amendments shall be done.

SCHEDULE 1

(CHARGES FOR CLAMPING AND TOWING)
(Charges as per the gazetted fees and charges)

SCHEDULE 2

DESIGNATED PARKING AREAS

Road/Building

Pepe-Makadara Road

2. Stadium view business centre frontage

3. Nyambura-Sulami supermarket frontage

4. Box in restaurant frontage

5. Green Mount plaza and Equity Auto branch

6. Starehe Butchery frontage (councils open plot)

7. Little Rock restaurant frontage

8. Frontage of the CDF office

9. The frontage of building upto the Pepe junction

10. 24 hours clinic frontage

Makadara EPZ Road

11. Road shoulders before matatu stage
12. Kivutuni wines and spirits frontage

Mzee Pauranha Road

13. Nzambuni 1900 woodstock frontage

14. All areas adjacent along the Mzee Pauaranha road

Pepe-Shell Road

15. Existing barter market space when modern market complete

Mlolongo-Mombasa Road

16. Old Mombasa road from barriers (Mlolongo main) both sides

17. View point pub

18. All area opposite Mlolongo public bus park

19. Around Bamburi, new hospital and Namanga junction

20. Kyumbi shopping centre

21. Joska shopping centre

22. Kinanie shopping centre

Made by the Order of the Municipal Council of Mavoko this day of 2009.

WISDOM K. MWAMBURI
TOWN CLERK

Approved this day of 2009

HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT

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