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
(PUBLIC MARKETS) BY-LAWS 2009
GAZETTE NOTICE NO ---------
MUNICIPAL COUNCIL OF MAVOKO
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:-
PUBLIC MARKETS BY-LAWS 2009
Citation 1. These By-laws may be cited as the Municipal Council of
Mavoko (Public Markets) By-laws 2009.
Interpretation 2. In these By-laws, unless the context otherwise requires:
“Council” means the Municipal Council of Mavoko.
“Market Master” means the person appointed in writing by
the Council to control and supervise the Public Market specified in the instrument of his appointment.
“Poultry” means fowls, ducks, geese, turkeys, and guinea fowls.
Establishment of
Public markets 3 i.) No public market shall be established within the
area of jurisdiction of the Council otherwise than by the Council and no person shall sell or buy goods in, or use a public market except with the consent of the Council given by the market master and upon the payment of the fees prescribed under these By-laws.
ii). Any person who contravenes these By-laws shall be guilty of an offence.
Public Markets to 4. All public markets shall be under the control of the
be controlled by Council which shall appoint a Markets Master and such
Council other persons as may be necessary to secure the effective control and supervision of such markets.
Hours and days
of opening 5 i). Public markets shall be open on such days during such hours as the Council shall determine, for the sale of:
a) perishable foodstuffs
b) live poultry
c) earthenware, basket ware, marts, woodwork or
other products approved by the Council; and
d) such other goods as may be authorised by the
Council.
ii). Any person who contravenes this by-law shall be guilty
of an offence.
Prohibited sales, etc. 6. i) No person shall carry on or engage in any trade or
business in a public market except such trades or business:
a) In case of a stall, charges in form of monthly rent shall be payable by the holder of the stall and any default for three consecutive months shall invite eviction of the holder and the charges accrue upon the time of eviction shall be recoverable as a debt.
b) No person shall bring into a public market opium or any other drug or intoxicating liquor or carryout handcraft of any kind therein.
ii) Any person who contravenes this By-law shall be guilty
of an offence.
Remaining in the
Market when closed 7. i) No person shall remain in a public market during the hours in which it is closed.
ii) Any person who contravenes this By-law shall be
guilty of and offence.
Dogs not allowed 8. Any person who takes or permits any dog to be taken into a
into the market public market shall be guilty of an offence.
Lighting of fire
And cooking in 9. i.) No person shall light fire or cook in the public
market prohibited market unless they have complied with all the
requirements under the Public Health Act for
such purposes.
ii) Any person who contravenes this By-law shall be guilty of an offence.
Goods not to be 10. Any person who cleans vegetables or other produce in a
washed in the public market except in such basin, sinks or other
Market receptacles as are provided by the Council for such purpose shall be guilty of an offence.
General nuisances 11. Any person who within a public market:
a) commits any nuisance; or
b) hawks any un-allowed goods or,
c) interferes with or molests any other person, or
d) touts, or shouts, or calls out for customers; or
e) causes any disturbance or uses any offensive, abusive, abs cone, or unbecoming language; or
f) damages, defaces, misuses, or interferes with any equipment, fittings or fixtures provided therein; or
g) deposits or throws on the floor or ground any refuse, fruit peel or vegetable substances or
h) attempts to procure customers except by means of display of goods, shall be guilty of an offence.
Sale of diseased
and unwholesome 12. i). Any person who sells or offers or exposes for sale
goods prohibited in a public market any article or food which is diseased, unwholesome or otherwise unfit for human consumption shall be guilty of an offence.
ii) The market master shall take possession of and detain any good which are offered or exposed for sale in a public market which appears to him to be diseased, unwholesome, unfit for human consumption and shall forthwith report and hand over such food to a Public Health Officer appointed under the Public Health Act. Cap 242.
Prohibited places 13. i) No food, produce, article or any thing shall be
exhibited for sale on the pathways, or over any drain within public market and no board box, basket or other containers shall be left in, or upon any such drain.
ii) Any person who contravenes this By-laws shall be guilty of an offence.
Livestock not to be
Brought into the 14. i) No livestock or animals other than poultry, shall be
market stalls brought into any public market provided for the sale of vegetables.
ii) Any person who contravenes this By-law shall be guilty of an offence.
Numbering of stalls 15. i) In any public market where stalls have been provided
each stall shall be numbered and the Council may let or hire out such stall upon such conditions as it thinks fit and upon payment of the charges prescribed in the Gazetted fees and charges currently in use.
ii) Stalls provided in public market shall be used only for the
class of business indicated in the permit issued by the Council.
iii) If a stall holder defaults to pay for the stall for 3 months,
the market master shall evict the holder of the stall.
iv) A stall-holder shall not sublet his stall or any part thereof without the consent in writing of the Council.
v) Any person who contravenes these By-laws shall be guilty of an offence and subject to eviction from the stall by the market master.
Stall holders 16. i).Every stall holder shall:-
a) Keep his stall and all fittings and utensils therein or thereon thoroughly clean and in good order to the satisfaction of the market master;
b) When selling by weight or measure, use the prescribed standard weights and provide and maintain proper weight and scales;
c) Dispose of all refuse, sweepings, garbage, offal and waste liquid or solid, from his stall into the receptacles, channels or drains as are provided for that purpose.
Disobedience 17. Every person in a public market who fails or refuses to
specified for comply with and obey all lawful instructions, directions,
particular use and orders given by the market master for the purpose of controlling or supervising of the market shall be guilty of an offence.
Stall may be
Specified for 18. i). The Council may set aside, or allocate or provide parts of particular use a public market for the sale therein of only food produce, articles or things as it may specify, and no such food, produce, article, or things shall be sold or displayed in any other part of a public market except in the parts so
allowed.
ii). Any person who contravenes this By-laws shall be guilty of an offence.
19 .i) Any person who uses a public market for the purpose of selling or offering for sale any food, produce, article or any other thing shall pay to the council charges prescribed in the gazetted fees and charges currently in use.
a) The charges levied in accordance with paragraph (i) of these By-laws shall be paid in advance.
b) In the case of a Stall, charges in form of monthly rent shall be payable by the holder of the stall and any default for three consecutive months shall invite eviction of the holder and the charges accrued upon the tine of eviction shall be recoverable as a civil debt.
Persons entering 20. i) A person entering or attempting to enter any public
public market market for the purpose of selling or offering for sale any
to use authorized good, produce, article or other thing shall enter only
entrances through such entrance or gateway as shall be specified by the Council for that purpose.
ii) Any person who contravenes this By-law shall be guilty of an offence.
Power to Evict 21. i).Any person who is found committing or who is reasonably suspected of having committed an offence under these By-laws in. any public market, shall be liable to be evicted from such market by the market master, a
police officer, or a council askari.
ii) A market master may in his discretion refuse admission to any person to enter a public market if to his knowledge the person has been convicted on more than one occasion of any offence under these by-laws.
iii) Any person, who, having been refused admission unlawfully enters such public market, shall be guilty of an offence.
Penalty 22. Every person who is guilty of an offence under these By-
laws shall be liable for conviction to a fine not exceeding two thousand shillings or 6 months or both for first offenders
and a fine of three thousand or nine months imprisonment or
both for second or subsequent offenders.
Offences 23. Offences under these By-laws shall be cognisable to the police.
Cognisable
Made this …………………… day of …………………………………….. 2009.
WISDOM K MWAMBURI
TOWN CLERK
Approved this ………………….. day of …………………………………. 2009.
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT