To be the most focused facilitator of equitable and sustainable development and provider of local quality services in the country.
THE MUNICIPAL COUNCIL OF MAVOKO
(NON MOTORIZED TRAFFIC BY LAWS 2009)
IN EXERCISE of the powers conferred by section 201 of the Local Government Act, the Municipal Council of Mavoko makes the following By-laws;-
THE MUNICIPAL COUNCIL OF MAVOKO NON MOTORIZED TRAFFIC
BY LAWS 2009
Citation These By-laws may be cited as the Municipal Council of Mavoko Non Motorized Traffic by-laws 2009.
Interpretation In these By-laws, unless the context otherwise requires;
“Non motorized vehicle” means an animal or human drawn vehicle used for the carriage of goods or persons and shall include bicycles.
“Council” means the Municipal Council of Mavoko.
“Licence” means a licence granted by the council under these by-laws.
“Licencsee” means the holder of a valid licence;
“Town Clerk” means the person for the time being holding the office of the Town clerk, the Deputy Townclerk and any other person authorized by the clerk in writing for the purpose of these by-laws;
“Passenger” means a person carried in a non motorized vehicle or bicycle for hire or reward.
Application 1. (i) No person shall use any non motorized vehicle or permit a non
of licence motorized vehicle or bicycle to be used for any commercial purposes within the area of jurisdiction of the council unless the owner thereof has been granted and is in lawful possession of a valid licence issued by the Townclerk under these by-laws.
(ii) Any person who contravenes this by-laws shall be guilty of an offence.
Application 2. (i) An application for a licence by the owner of any non motorized
in writing vehicle or bicycle shall be made to the Townclerk in writing and the
town clerk may cause such a non motorized vehicle or bicycle to be
inspected.
(ii) The licence shall be in such form as may be determined from time to
time by the council and shall contain;-
(a) the name and address of the licensee;
(b) a description of the licensed cart or bicycle;
(c) the date on which the licence expires
(d) the maximum load which the non motorized vehicle or bicycle is to carry provided that in the case of bicycles only one pillion passenger shall be permitted to be carried in the bicycle, and;
(e) any conditions which the council may deem necessary to impose.
Duration of 3. (i) No licence shall be granted for a longer period than one year and
every licence shall unless earlier revoked, expire on the thirty first day of December of the year in respect of which the licence was granted.
(ii) The licensee shall upon the issue of a licence under these by-laws, pay to the council such fees as the council may from time to time prescribe.
Townclerk 4. (i)The Townclerk shall issue, with every licence, a plate bearing a
to issue the registration number and date of issue and the plate shall be affixed to a
licence conspicuous place on the outside body of the non motorized vehicle.
(ii) Any licensee who contravenes paragraph (2) shall be guilty of an
offence.
Misuse of 5. (i) No persons shall unlawfully take, use have possession of, remove,
damage or destroy any plate affixed or intended to be affixed to any
non motorized vehicle during the period of its validity intended.
(ii) Any person who contravenes paragraph (1) shall be guilty of an
offence.
Maximum 6. (i) Every person who loads or is in charge of non motorized vehicle or
load bicycle shall ensure that the load is securely fastened to the vehicle or bicycle and in all cases where bicycle is carrying a pillion passenger the said passenger shall be securely seated in the said bicycle.
(ii) Every vehicle and bicycle shall have rubber tyres on all its wheels.
(iii) No person shall, except with the written permission of the Townclerk
and in accordance with the terms and conditions which may be
attached to such permission carry or cause to be carried any article on
a non motorized vehicle of bicycle so as to project more than two
metres behind the hind most part of the body of that vehicle or bicycle
or more than thirty centimeters outside the wheels hubs of the vehicle
or bicycle.
(iv) Any person who contravenes any provision of this by-laws shall
be guilty of an offence.
Transfer of 7. (i) The townclerk may, with the consent of the licensee and upon the licence payment of a fee from time to time transfer the licence thereof to
another person.
Persons under 8. (i) No person under the age of eighteen years shall be licensed
18 years to use, drive, manage or control a non motorized vehicle or bicycle for commercial purposes.
(ii) Any person who causes or permits any person under the age of
eighteen years to use, drive, manage or control a non motorized vehicle or bicycle for commercial purposes shall be guilty of an offence.
Penalties 9. Any person who is found guilty of an offence under these by-laws shall
be liable to fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one month, and in the case of continuing offence to a further fine not exceeding five hundred shillings for every day or part thereof during which such offence shall be continued.
Renewal and 10. The council may refuse to renew a licence and may also cancel a cancellation of licence if the holder of such licence has been convicted of any offence
licence within the preceding twenty four months under these by-laws.
Cognizable 11. Offences under these by-laws shall be cognizable to the police.
Made this day of 2009
By order of the Municipal Council of Mavoko
WISDOM K. MWAMBURI
TOWN CLERK
Approved this day of 2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT