Mavoko Municipal Council

MUNICIPALITY OF MAVOKO

(GENERAL NUISANCE) BY-LAWS 2009

LOCAL GOVERNMENT ACT
(CAP 265)

IN EXERCISE of the powers conferred by Section 201 of the Local Government Act, Cap265 the Municipal Council of Mavoko hereby makes the following By-laws;-

THE MUNICIPALITY OF MAVOKO (GENERAL NUISANCE) AMENDMENT
BY-LAWS 2009

PART 1

INTRODUCTORY

CITATION 1. These By-laws may be cited as the Municipality of Mavoko
(General Nuisance) Amendment By-laws, 2009. .

INTERPRETATION 2.In these By-laws, except where the context otherwise
Requires.
“Municipal” means the Municipal Council of Mavoko

“Town Engineer” means the person for the time being holding the office of Town Engineer of the Council;

“Council” means the Municipal Council of Mavoko;

“Game animal” means an animal specified in the Wildlife Act;

“Medical officer of health” means the person for the time being
holding the office of Medical Officer of Health of the Council,
and includes his deputy and the Chief Public Health Officer;-
Municipal Public Health Officer.

“Offensive material” means any material that obstructs the safe movement of persons

“Permit” means a periodic authority by the Council to carry out an activity

“Poultry” includes fowls, turkeys, geese and ducks;

“Public Street” means a street maintainable by the council;

“Street” includes any land reserved for a street and any open space
to which the public has access;

“Town clerk” means the person for the time being holding the office of Town clerk of Mavoko, his deputy and any other officer of the Council authorized by the Town clerk in writing for the purpose of these By-laws.

PART II

GENERAL NUISANCES

Noisy musical 3. Any person who shall-
instruments (a) in any street or in connection with any shop, business premises or other place which adjoins any street and to which the public are admitted, or
(b) upon any other premises, by playing, operating or causing or suffering to be played or operated, any musical instrument, wireless, loud-speaker, gramophone, amplifier or similar instrument, make or cause or suffer to be made any noise which is so loud and so continuous or repeated as to cause an annoyance to occupants or inmates of any premises in the neighourhood or to passers-by on a street shall be guilty of an offence;

(c) Any person making loud noises, speeches or wailings as to cause annoyance to the occupants’ inmates or persons passing by a street or an open space shall be guilty of an offence.

Provided that no prosecution shall be instituted against any person for any offence under this by law unless the annoyance remain unabated after the expiry of seven days from the date of the service on such person of a notice signed by the town clerk alleging such annoyance.

Noisy building 4. Any person who shall, in connection with any building,
operations. Demolition or road construction work, cause or suffer to be caused any unnecessary noise so loud or so continuous or repeated as to cause an annoyance to occupants of any premises in the neighborhoods, shall be guilty of an offence.

Noisy trades and 5. Any person who shall, in any part of the town other than the
industrial operations industrial or light industrial zones as specified in any by-laws of the council for the time being in force, in connection with any trade or industrial process cause or suffer to be caused any noise so loud or so continuous or so repeated as to cause annoyance to the occupants of any premises in the neighborhoods shall be guilty of an offence.

Barbed wire 6. (1) Any person who shall erect or authorize the erection of any barbed wire alongside a street without the prior written consent of the town clerk shall be guilty of an offence.

(2) The council may serve a notice upon the owner or occupier of any land or building upon which any barbed wire has been erected in contravention of paragraph (1) of this by-law.

(3) Any person who shall fail to comply with the requirements of a notice served in pursuance of paragraph (2) of this by-law shall be guilty of an offence.

Deposit of debris 7. Any person who shall without lawful authority deposit or cause or permit to be deposited any soil, vegetation, refuse or debris on any land in the Town shall be guilty of an offence.

Nuisance by animals 8. Any person who shall keep within the Municipality any animal or poultry which causes a nuisance to any of the residents in the neighborhoods shall be guilty of an offence.

Provided that no prosecution shall be instituted against any person for an offence against this by-law unless such nuisance be continued after the expiry of fourteen days from the date of the service on such person of a notice signed by the Town clerk alleging a nuisance.

Game animals, etc 9. (1) (a)Any person who shall, except with the written permission of the town clerk and subject to such conditions as he may deem fit, keep within the Municipality, except in agricultural land, a game animal or reptile other than a lizard, or any ass, mule, ox, bull, or cow, goat, sheep or pig shall be guilty of an offence;

(b) The council may remove any of the species of animals referred to in paragraph 1 (a) of this by-law which has been kept within the Municipality except in agricultural land or left in a street in contravention of this by-law and impound the same.

(c) The owner of a game animal or reptile other than a lizard or any ass, mule, ox, horse, bull or cow, goat, sheep or pig removed from the Municipal in pursuance of paragraph 1 (b) of this by-law shall not b e entitled to recover the same until he has paid to the council in case of an ass, horse, bull, mule, ox or cow a fee of two hundred shillings and in the case of any other game animal a fee of one hundred shillings in respect of each twenty four hours or part thereof that such ass, horse, bull, mule, ox or cow or any other game animal has been impounded together with the sum of one hundred shillings in respect of the expenses incurred by the council in removing and impounding the same;

provided that if such owner does not pay the fees and expenses due within a period of seven days from the date the said animal was impounded the council may sell or otherwise dispose of the same by auction or any other means and the proceeds of such disposal, if any, shall b e set off against the outstanding fees and expense, if any, incurred by the council in removing or disposing of the same.

(2) Any person who has under his control or in his custody:-

(a) Any game animal or any reptile, or any ass, mule, bull, goat, sheep or pig which causes a nuisance or annoyance to any of the residents of the area; or

(b) Any animal, reptile, poultry or bird which is so kept as to be or likely to become injurious to the health of any person; or
(c) any animal reptile poultry or bird which wanders on a street in such a manner as to cause obstruction or inconvenience to traffic;
shall be guilty of an offence.

(3) Any person who shall except with the written permission of the town clerk and subject to such conditions as he may deem fit, permit any animal of the species referred to in paragraph (1) of this by-law to graze within the city shall be guilty of an offence.

PART III

ROADS AND STREETS

Encroaching 10. (1) Where in the opinion of the Council any hedge tree or other growth hedges and is so placed or in such condition as:-
Trees (a) to be a danger to any person or vehicle using a street; or
(b) to interfere with-
(i) the view along any street or from one street into another; or
(ii) the use of the street by pedestrian or vehicular traffic;
the Council may serve a notice on the owner or occupier of the land on which such hedge tree or other growth is situated requiring him, within such period of time, not being less than fourteen days as shall be specified in such notice to cause the hedge, tree or other growth to be chopped, trimmed or removed.

(2) Any person who fails to comply with the requirements of a notice served in accordance with paragraph (1) of this by-law shall be guilty of an offence.

(3) Without prejudice to any prosecution which may be instituted under paragraph (2)of this by-law, the Council may on expiry of the period of time specified in a notice served execute any of the work specified in the said notice and any expenses incurred by the council in so doing shall be recoverable from the said person as a civil debt.

11. (1) Any person who shall without statutory authority or the consent of the town clerk given in writing erect or permit the erection of any structure in such a position that it is sited in or protrudes over a street shall be guilty of an offence.

(2) For the purpose of this by-law “structure” includes a machine, pump, post, billboards or other object, capable of causing an obstruction to a passenger or a vehicle in a street;

(3) The provisions of this by-law shall not apply to any structure approved by the Council under any by-law of the council for the time being in force;

Projections 12. (1) No person shall attach, hang, erect or permit the erection of any object from or alongside any street in such a manner as it protrudes over or into a street without a permit so to do from the Council or otherwise than in accordance with any condition attached to any such permit;

(2) A permit issued under this by-law shall expire on the 31st day of December in the year in respect of which it is issued;

(3) There shall be payable to the Council at the time of issue of such permit as is mentioned in paragraph (2) of this by-law a fee as per the gazette fees and charges;

(4) The town clerk may serve a notice on the owner or occupier of any premises from or alongside which an object has been attached, hung or erected in contravention of paragraph (1) of this by-law;

(5) Any person who contravenes or fails to comply with the provisions of this by-law or any conditions attached to a permit issued there under or a notice served under the provisions of paragraph (4) of this by-law shall be guilty of an offence.

(6) The provisions of this by-law shall not apply to an advertisement permitted under any by-laws of the Council for the time being in force or to any structure approved by the council under any such by-laws;

Source of 13. (1) If, in or on any land adjoining a street, there is an unfenced danger or inadequately fenced source of danger to persons using
the street, the Council may, by notice to the owner or occupier of that land, require him, within such time (not being less than seven days) as may be specified in the notice, to execute such works of repair, protection, removal or enclosure as will obviate danger.

(2) Any person who fails to comply with a notice served in pursuance of paragraph (1) of this by-law within the
time specified in such notice, shall be guilty of an offence.

Damage and 14. Any person who shall-;
obstructions
(a) in any way willfully obstruct the free passage of any street;
(b) willfully or negligently damage or destroy the surface of any public street;
(c) pull down, destroy, obliterate, deface, displace or remove any property of the council on or near a street;

(d) damage or destroy any tree, shrub, flower, plant or grass on land forming part of a public street;

(e) disturb, damage or destroy any barrier, fence or other erection or any trestle, lamp, stone or other material placed on a street or by fitting attached thereto;

(f) willfully or negligently pull down, damage or destroy any lamp standard or bollard in a street or damage or remove any bulb or fitting attached thereto;

(g) dig, plough, till or cultivate any public street without the written permission of the town clerk, shall be guilty of an offence.

Defacing 15. Any person who shall, without lawful authority, deface any
buildings building by writing, signs or other marks thereon shall be guilty of an offence.

Breaking 16. (1) Any person who, without statutory authority, shall break up or authorize the breaking up of the surface of a public
street, without the permission of the Town Engineer, shall be guilty of an offence.

(2) Any person who contravenes or fails to comply with any condition attached to a permit granted under this by-law shall be guilty of an offence.

Obstruction 17. (1) Any person who shall place or leave or allow or cause to be
Placed or left any vehicle or article or material in a street in such a manner that it causes or is likely to cause an obstruction to persons or vehicles using the street shall be guilty of an offence.

(2) The council may remove any vehicle or article or material
which has been placed or left in a street in contravention of
this bylaw and impound the same.

Pound fee 18. The owner of a vehicle, article or material removed from a street in pursuance of by-law 17 of these by-laws shall not be entitled
to recover the same until he has paid to the council, in the case of
a motor vehicle and, in the case of any other article or material as described in the first schedule in respect of each 24 hours or part thereof that the vehicle, article or material has been impounded together with in the case of a motor vehicle the towing charges as per the second schedule of these by – laws in respect of the expenses incurred by the council in removing and impounding the same.

Provided that if such owner does not pay the fees and expenses due
within a period of sixty days from the date the vehicle, article or
material was impounded the council may sell or otherwise dispose
of the same and the proceeds of such sale or disposal, if any, shall
be set off against the outstanding fees and expenses, if any, incurred by the council in removing or disposing of the vehicle or
article or material.

Nuisance 19. Any person who shall in any street:-
in streets (a) Ignite any firework;
(b) Without the permission of the Town clerk in writing and for the purpose of hawking, selling, distributing or advertising any article or event, shout or use any bell, gong, or other noisy instrument or loudspeaker;

(c) Without the permission of theTown clerk in writing draw, wheel or drive any vehicle or carry any board or placard used solely or chiefly for the purpose of exhibiting advertisements;

(d) Without the permission of the Town clerk in writing and for the purpose of advertising distribute any bill or other paper;
commit any act contrary to public decency;

(e) Without statutory authority deface the footway or roadway by writing or other marks.

(f) Place or deposit and leave any glass, china, earthware, tin, carton, paper, sawdust or other rubbish so as to create or tend to create litter;

(g) Throw down or leave any orange peel, banana skin, or other substance likely to cause a person to fall down;

(h) To the inconvenience or danger of any person carry or convey any bag of lime, charcoal, or other offensive material, timber or any pointed or edged tools or implements not properly guarded.

(i) Play any game in such a manner as to cause likelihood of damage to property, or danger to any person;

(j) Ride, drive or propel a vehicle on a footpath;

(k) Spit on any footpath or blow his nose otherwise than into a suitable cloth or tissue.

(l) loiter or importune for the purpose of prostitution;

(m) Procure or attempt to procure a female or male for the purpose of prostitution;

(n) While being in charge of any dog, allow such dog to foul any footpath;

(o) Wash any vehicle or, except in the case of an emergency, repair or dismantle any vehicle;

(p) Except in the case of emergency, sound any motor horn, cycle bell or similar warning instrument;

(q) Without the consent of the town clerk, light or maintain or suffer to be lit or maintained any fire or brazier;

(r) In the central area as defined in any by-laws of the council for the time being in force, ride or drive any animal on a foot-path.

(s) any person defecating or urinating on the street or any open space.

(t) any person smoking cigarettes in Public places as defined in the Tobacco Control Act, 2007 shall be guilty of an offence.

Deposition of 20 (i) a person shall not deposit or cause to be deposited or have
Materials or harbor or store on any land, any building material, road
Materials, earth, stones or soil other than for the purpose of
Erection of approved buildings thereon;

(ii) a person shall not deposit or cause to be deposited or have
harbor or store on any land, any disused vehicles, old
metals, or any kind of materials which, in the opinion of
the medical officer of health, are likely to cause any
nuisance or conditions liable to be injurious or dangerous to
health without the written permission of the town clerk first
being had and obtained or otherwise than in accordance with the terms of such permission.

Discharge of 21. Any person who shall in or near a street discharge a missile in
missiles a manner Likely to cause damage to property or danger to any person shall be guilt of an offence.

Vehicle 22. Any person who shall drive or permit to be driven any vehicle so
loads loaded that its contents or any part thereof spill on to the surface
of a street shall be guilty of an offence.

Loitering 23. Any person who shall be found loitering on any Council property
on council other than a street or residential property, without lawful authority shall be guilty of an offence.

PART IV

CARRIAGE OF FOOD

Definition of 24. In this part “open food” means food not contained in a container
open food of such materials and so closed as to exclude all risk of
contamination.

Conveyance of 25. (1) Any person who in a street, in connection with any trade or
open food. business, conveys in or on a vehicle or in any other manner who permits to be so conveyed any open food in a manner liable to involve the risk of contamination shall be guilty of an offence.

(2) The owner of any open food which is carried in a vehicle in
which is carried in or on a vehicle in contravention of paragraph
(1) Of this by-law shall be guilty of an offence.

Personal 26. (1) Any person engaged in the handling, storage or
cleanliness conveyance of open food in connexion with any trade
or business shall whilst so engaged:-

(a) keep as clean as may be reasonably practicable all parts of his person which may be liable to come into contact with food;

(b) keep as clean as may be reasonably practicable all parts of his clothing which may be liable to come into contact with food;

(c) keep any cut or abrasion on any exposed part of his person covered with a suitable and clean waterproof dressing;

(d) refrain from spitting or blowing his nose otherwise than into a suitable cloth or tissue or from smoking;

(e) refrain from smoking;

(f) if the food be meat, wear a white garment of a pattern approved by the medical officer of health.

(2) For the purpose of this by-law “meat” includes offal and the flesh of birds

(3) Any person who contravenes or fails to comply with any of the
provisions of paragraph (1) of this by-law shall be guilty of an offence.

Uninspected 27 (1) Any person who has in his possession or under his control for the meat purpose of sale any meat or poultry which has not been inspected at a designated place as defined by the Public Health
(Designated places – meat Inspection) or by the Medical
Officer of Health or a health inspector and marked as having been so inspected, shall be guilty of an offence

(2) For the purpose of this by-law:-
(a) “Health inspector” means a person duly appointed as such by the
council or any other body lawfully authorized to make such
appointment ;

(b) Any meat or poultry in any shop, store, hotel, restaurant, eating
house, snack bar or other catering establishment shall be deemed,
unless the contrary is proved, to be therein for the purpose of
sale.

PART V
Miscellaneous

NOTICES 28 (1) Except where otherwise specifically provided in these By-laws any notice, permit or consent which the council is authorized or required to give may be signed on behalf of the council by the town clerk or by any officer of the council duly authorized by him
to sign such notice or consent.

(2) Any such notice, permit or consent purporting to bear the signature
of the town clerk shall for the purpose of these By-laws be deemed, until the contrary is proved, to have been duly issued by the council

(3) Any notice or other document required or authorized by or under these By-laws to be served on a corporation shall be duly served if served to the Chief Executive Officer;

(4) Where any premises are jointly owned or occupied by more than one person a notice required or authorized to be served by or under these by-laws in respect of such premises shall be duly served if served in accordance with this by-law on any one of those persons.

(5) Any notice or other document required or authorized by or under these by-laws to be served on any person may be served either-

(a) by delivering it to that person, or
(b) by leaving it at his proper address, or

(c) by registered post addressed to him at his proper address

(6) For the purpose of this by-law, the proper address of any person shall, in the case of a corporation be that of the registered or head office of the corporation, and in any other case, be the usual or last known place of a abode or business of the person on whom the notice is to be served

(7) If the name or the address of any notice any owner or occupier of premises upon whom any notice is to be served cannot, after reasonable inquiry, be ascertained, the notice may be served by addressing it to the person on whom it is to be served by the description of “owner” or occupier of the premises (describing them) to which the notice relates, and by delivering it to some responsible person occupying or appearing to occupy the premises, or by fixing it, or a copy of it, to some conspicuous part of the premises.
Cutting trees 29 Any person who cuts, or permits to be cut a tree in any property whether
(private or public) without a permit issued by the council shall be guilty
of an offence under this by-law
Penalties 30 (1) Any person who is guilty of an offence under these By-laws shall be liable to a fine not exceeding two thousand shillings or to
imprisonment for a term not exceeding six months or to both such
fine and such imprisonment and, if the offence is of a continuing
nature, to a further fine not exceeding five hundred shillings or for every day during which such offence shall continue.

(2) Any person who shall fail to comply with the requirements of any notice served under these by-laws within the time specified by such notice shall be guilty of an offence and shall be liable to the penalties specified in paragraph(1) of this by-law

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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