GAZETTE NOTICE NO……………......

MUNICIPAL COUNCIL OF MAVOKO.

THE LOCAL GOVERNMENT ACT
CAP 265

IN EXERVISE OF THE POWERS CONVEYED BY Section 201 of the Local Government Act, the Municipal Council of Mavoko hereby makes the following By-laws:-

MUNICIPAL COUNCIL OF MAVOKO (HAWKERS) BY-LAWS 2009.

Citation 1. These By-laws may be cited as the Municipal Council of
Mavoko (Hawkers) By-laws, 2009.
2. In these By-laws:, except where the context otherwise requires-

Interpretation “Council” means the Municipal Council of Mavoko.

“Hawk” means, whether as principal, agent or employee:-

a) For the purposes of carrying on trade by the sale of
exchange of goods wares, merchandise or refreshment, to place oneself in any street or public place or unenclosed land (other than in shop premises approved as such by the Council) or to go about in street or public places or from premises to premises; or

b) By any of the means aforesaid to carry on trade by the sale or exchange, or the offer or exposing for sale or exchange, of goods ware merchandise to refreshment, but does not include the seeking or taking or orders for subsequent delivery of goods, wares merchandise or refreshment to premises for the purpose of re-sale;

“Permit” means a Business Permit issued under these By-laws;

“Council” means the area under jurisdiction of the Municipal Council of Mavoko.

“Town Clerk” means the person for the time being holding the office of the Town Clerk of Municipal Council of Mavoko and any other person authorized in writing by him for the purpose of these By-laws.

Unlicensed 3. Any person who:-
hawking
a) Hawks in the Council area without a valid business
permit or,
b) Being the holder of a business permit hawks in the Council area otherwise than in accordance with the terms and conditions thereof, shall be guilty of an offence.

Application for 4 Every application for permit shall be made to the
permit Town Clerk on a form issued by him for that purpose, and the applicant shall furnish the Town Clerk or any other authorized officer with particulars of his place abode and of the commodity, and the place or places at which he intends to engage in hawking.

Town Clerk to 5 (1) The Council may in it’s discretion, upon payment to
issue permit the Town Clerk of the appropriate fees therefore prescribe in the business permit charges schedule currently in use, issue under the hand of the Town Clerk a Business permit permitting the person named therein to engage in hawking subject to such terms and conditions, if any, as may be specified in the permit.

(2) Without prejudice to the generality of paragraph (i) of the
By-law, a permit may be restricted to a particular area or specified goods, wares, merchandise and refreshments.

(3) There shall be issued with each permit a badge relating
thereto.

Hawkers 6.
badge (1) Every person required by these By-laws to hold a permit
shall, whilst engaged in hawking, carrying the permit with him and produce it on demand to a Police Officer Inspector or Council Askari in uniform, or to a duly authorized permits or Inspection Officer of the Council, and shall ear in a conspicuous place the badge relating to his permit.

(2) Any such officer, inspector or Askari may inspect any
article which he has reasonable cause to believe is being used for the purpose of hawking.

(3) Any person who obstructs hinders or Otherwise interferes with any such duly appointed officer, inspectors or Askari in the execution of his duties under this By- law, or who fails to comply with any of the provisions of this By-law shall be guilty of an offence.

Hawker’s 7.
assistant (1) The Council may in it’s discretion upon payment to the
Town Clerk of the appropriate fee therefore prescribed in the permit charge currently in use, issue under the hand of the Town Clerk a permit permitting the person named therein to be employed by or to assist a person having permit under By-law 5 of these By-laws who:-

a) Hawks refreshments; or
b) Is disabled by reasons of the loss of a limb; provided that:-
Provided that:
i) not more than one permit shall be issued under this By- law in respect of each permit issued under By-law 5 of these By-laws: and

ii) where a permit is issued under his By-law the relevant license issued under By-law 5 of these By-laws shall be endorsed with the words “One Assistant’s Permit Issued”.

No transfer 8. Any permit holder who, without the written consent of the
permit Town Clerk, transfers his permit or any badge issued relating thereto to any other person shall be guilty of an offence.

Impounding 9. Any person without a valid permit and who engages in hawking
of goods or permit holder engaging in hawking in a non-designated area
shall have his goods impounded.

Provide that the impounded goods shall be released to the accused upon payment of the fine or completion of the jail term.

Hawking in 10. Any person who engages in hawking with or without a permit central business within the urban areas defined by the council from time to time
shall be guilty of an offence under these by-laws.
.
Buying 11. Any person who solicits, bargain, induces or negotiates with any negotiating hawker with a view to buy purchase or sell any hawking goods in a
Soliciting, inducing non-designated area shall be guilty of an offence.

Penalty 12. Any person who is guilty of an offence under these By-laws shall
be liable to a fine not exceeding Two thousand shillings for the
first conviction or to imprisonment for a term not exceeding three months and not more than Three thousand shillings for the second and subsequent convictions or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Made By 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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