THE MUNICIPAL COUNCIL OF MAVOKO

(PARKS AND OPEN SPACES) BY-LAWS, 2009

THE LOCAL GOVERNMENT ACT CAP 265

In exercise of the powers conferred by section 201 of the Local Government Act, the Municipal Council of Mavoko hereby makes the following By-laws

THE MUNICIPAL COUNCIL OF MAVOKO
(PARKS & OPEN SPACES) BY-LAWS 2009.

Citation 1. These by-laws may be cited as the Municipal Council of Mavoko (Parks and Open Spaces) By-laws 2009.

Interpretation 2. In these By-laws except where the context otherwise requires:-

“council” means The Municipal Council of Mavoko;

“director of environment” means the person at the time being holding the office of the director of environment for the council and includes his or her deputy or a person appointed by the council to be in charge of environment matters;

“parks” means any open space managed by the council for recreation purposes;

“open space” means a street, road, pathway, open ground;

“town clerk” means the person for the time being holding the office of Town Clerk of Mavoko;

“management board” means the Board at that time managing any of the parks on behalf of the Council;

“parks superintendent” means the person for the time being holding the office of parks superintendent in the department of environment

Parks 3. For the purpose of these by-laws, parks will include any open spaces that is managed by the council for recreational purposes any open space managed by the council of recreation purposes.

Opening and 4. The parks shall be opened daily at 6.30am and closed to the public at
Closing hours 6.00 pm. Provided that this By-law shall not be deemed to require the parks to be opened and closed at the hours heretofore prescribed on any day when in pursuance of any statutory or other provision in that behalf the council may close such park to the public.

Prohibition 5. A person other than an officer of the council or a person or a servant of a
to entry before person employed by the council in or about any work in connection with the opening time or laying out, planting, improvement or maintenance of the park shall not on any or after closing time day on which the park may be open to the public enter the park before to time
hereinbefore appointed for the opening thereof, or enter the park or remain therein after the time hereinbefore appointed for the closing thereof.

Entry or exit 6. A person shall not enter or exit the park otherwise than through any one of through appointed the gates, wickets, passages or openings appointed by the gates, wickets
gates passages or openings appointed by the council as the authorised means of entrance to or egress from the park.

Interference 7. A person shall not wilfully or improperly remove or displace any board, plate with notices, or tablet used or constructed or adapted to be used for the exhibition of any signs or boards etc By-law or notice and fixed or set up by the council in any part of the parks or
in or on any building or structure therein or at or near to any of the appointed means of entrance to or egress for the park or in or on any wall or fence enclosing the park.

Defacing, 8. A person shall not carelessly or negligently deface, injure or destroy any part destroying or of any wall or fence in or enclosing the park, or any part of any building, damaging within the barrier or fitting, or of any fixed or movable seat, or of any other structure or park erection in the park.

Removal or 9. A person shall not wilfully, carelessly or negligently remove or displace any
displacement barrier, failing of post, or any fixed or movable seat or any part of any
building, structure or erection, or any appliance or article provided for use of used or adapted to be used or in the care, cultivation or protection of any tree, shrub under wood or other plant in the parks.

Riding or 10. A person, other than an officer of the council or person or a servant of a
driving of breast person employed by the council in or about any work in connection with the
briden prohibited laying out, planting, improvement or maintenance of the park shall not at any time ride, drive or cause or permit to be ridden, driven or brought into the park any beast of draught or burden.

Restriction on 11. A person shall not drive or bring, or cause or permit to be driven or brought domestic into the park any bull, ox, cow, heifer, steer, calf, sheep, lamb, hog, sow, goat
animals or any other animal.

Provided that this By-law shall not be deemed to prohibit any person from taking a dog in the parks provided such dog be on a lead and continue to be under proper control.

Management 12. (a) The council may enter into an agreement with a person, association or of the parks company for the purpose of management of the parks.

(b) The person association or company may form a management board to oversee the day to day running of the parks.
Trading in 13. The council may authorise, in any park, not more than 5 persons to engage in soft drinks & trade of soft drinks and cakes provided:
Cakes
(a) the authorised person pays to the council a permit fee as per the
latest gazetted council’s fees and charges

(b) the authorised person ensures the area of trade is free of litter

(c) the authorised person does not engage in any offensive trade

(d) the authorised person operates only on the areas designated by the council

Fixing of bills 14. A person, other than an officer of the council or a person acting in
placards, notices etc pursuance of their directions in that behalf shall not affix or post any bill,
placard or notice to or upon any or fence in or enclosing the parks or to or
upon any tree, wall or other plant or to or upon any part of any building,
barrier or railing, or of any fixed or movable seat or any other structure or
erection in the park.

Destruction of 15. A person shall not injure or deface any tree or shrub or grass or remove
vegetation any tree shrub, plant or flowers, or pluck any bud, blossom, flower of leaf of any tree, sapling, shrub, under wood or other plant.

Depositing of 16. A person shall not wilfully, carelessly or negligently throw or deposit any
Litter filth, rubbish, paper bottles or other refuse of any kind in any part of the parks
or defile any wall or fence in or enclosing the park, or any buildings, barrier or railing or of any other structure or erection in the park.

Fire 17. A person shall not kindle a fire or smoke in the parks.

Climbing 18. A person shall not climb any wall, fence or enclosed in the park, or any tree, or any barrier, railing, post or other erection in the park.

Harming birds 19. A person shall not in any part of the park take, injure, or destroy any bird or or butterflies butterfly or spread or use any net or set or use any snare, instrument or any
other means for the taking, injuring or destruction of any bird or butterfly.

Interference 20. A person shall not in any part of the park wilfully displace or disturb in there or with birds destroy any birds nest, or take injure or destroy any birds.

Riding or 21. A person shall not ride any cycle or motor cycle or drive any motor-car or parking motorcycles other vehicle in the park and no person shall leave any cycle, motor cycle
or vehicles motor car or other vehicle elsewhere in the park than in an areas reserved as
parking ground.

Interference 22. A person shall not except under the authority of the council interfere with
with switches with any fixture, fitting, lamp switch or meter in the parks.
and meters

Disturbance, 23. A person shall not create any disturbance or disorderly or be guilty of any disorderly or quarrelsome, violent or indecent behaviour in the parks.
indecent behaviour

Driving for 24. A person shall not drive or take within the park any tractor or trailer, motor hire lorry or any vehicle which is used for plying for hire and is licensed to carry
seven or more passengers or freight cart drawn by oxen or mules, except he shall have obtained the written authority of the town clerk to do so.

Residence 25. No person other than an officer of the council or a person or a servant of a person employed by the council to work in the parks shall dwell in the parks or be in the parks beyond the specified times.

Penalty 26. Any person who contravenes the provisions of these by-laws shall be guilty of an offence and liable on conviction to a fine not exceeding Kenya Shillings Two Thousand (Kshs.2,000.00) or to imprisonment for a term not exceeding six 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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