Belize City Council - Subsidiary Act

Link to law: http://www.belizelaw.org/web/lawadmin/PDF%20files/cap085s.pdf
Published: 2000

SUBSID BELIZE CITY COUNCIL CAP. 85 BELIZE

BELIZE CITY COUNCIL ACT CHAPTER 85

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

ARRANGEMENT OF SUBSIDIARY LAWS

BELIZE

BELIZE CITY COUNCIL ACT CHAPTER 85

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws- Page

1. BELIZE CITY COUNCIL ACT (COMMENCEMENT) ORDER 5

2. BELIZE CITY (DEFINITION OF BOUNDARIES) ORDER 7

3. BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS 10

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4. BELIZE CITY COUNCIL (MARKING OF VOTERS) REGULATIONS 113

5. BELIZE CITY COUNCIL (STANDING RULES AND ORDERS) REGULATIONS 115

6. BELIZE CITY COUNCIL (ACCOUNTING) REGULATIONS 126

7. BELIZE CITY (INFLAMMABLE LIQUIDS) REGULATIONS 141

8. BELIZE CITY (INFLAMMABLE LIQUIDS) (PRESCRIBED QUANTITY) REGULATIONS 169

9. BELIZE CITY COUNCIL (PUBLIC BRIDGES) REGULATIONS 171

10. BELIZE CITY (COLLECTION AND DISPOSAL OF GARBAGE) BY-LAWS 174

11. BELIZE CITY BY-LAWS 181

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12. BELIZE CITY (PUBLIC WATER CLOSETS AND LATRINES) BY-LAWS 227

13. BELIZE CITY (SEAWALLS) BY-LAWS 229

14. BELIZE CITY (BILLBOARDS AND BANNERS) (FEES) BY-LAWS 231

15. BELIZE CITY (PARK) BY-LAWS 237

16. BELIZE CITY (LITTERING OFFENCES) (VIOLATION TICKETS) BY-LAWS 241

17. BELIZE CITY COUNCIL (BELLA VISTA ZONING) BY-LAWS 249

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CHAPTER 85

BELIZE CITY COUNCIL ACT (COMMENCEMENT) ORDER

ARRANGEMENT OF PARAGRAPHS

1. Short title.

2. Commencement of Chapter 85.

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CHAPTER 85

BELIZE CITY COUNCIL ACT (COMMENCEMENT) ORDER (Section 62)

[18th February, 1999.]

1. This Order may be cited as the

BELIZE CITY COUNCIL ACT (COMMENCEMENT) ORDER.

2. In exercise of the powers conferred upon me by section 62 of the Belize City Council Act and all other powers thereunto me enabling, I, FLORENCIO MARIN, Minister of Sugar Industry, Local Government and Latin American Affairs, do hereby appoint the 17th day of February, 1999 as the day on which the said Act shall come into force.

MADE this 17th day of February, 1999.

(FLORENCIO MARIN) Minister of Sugar Industry

Local Government and Latin American Affairs

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14 of 1999. Act 1 of 1999.

Short

Commencement of Chapter 85.

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CHAPTER 85

BELIZE CITY (DEFINITION OF BOUNDARIES) ORDER

ARRANGEMENT OF PARAGRAPHS

1. Short title.

2. Boundaries of Belize City.

3. Repeal of S.I. 33 of 1983.

________________________

Schedule ________________________

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CHAPTER 85

BELIZE CITY (DEFINITION OF BOUNDARIES) ORDER (Section 2)

[8th February, 1993.]

1. This Order may be cited as the

BELIZE CITY (DEFINITION OF BOUNDARIES) ORDER.

2. It is hereby declared that the area shown in the Schedule hereto shall constitute the boundaries of Belize City.

3. The Belize City Council (Alteration of Boundaries) Order, 1983, is hereby repealed.

MADE by the Minister of Local Government this 3rd day of February, 1993.

(VALDEMAR CASTILLO) Minister of Public Service, Labour and

Local Government

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24 of 1993. Ch. 66.

Short title.

Boundaries of Belize City. Schedule.

Repeal of S.I. 33 of 1983.

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SCHEDULE

ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Belize District and being in-the new boundary of the City of Belize which supersedes the previous boundary referred to in Statutory Instrument No. 33 of 1983 and being more particularly described as follows:-

Commencing at the Fort George Light-House; thence in a South Westerly direction for a distance of 2,970 feet more or less across the mouth of the Haulover Creek on to a point being the most North Easterly point on Bird’s Isle; thence for a distance of 990 feet more or less, along the Southern coast of the said Bird’s Isle on to the most North Easterly point of a parcel of land known now or formerly as New Brighton; thence on a Westerly direction along the sea coast for a distance of 3 1,100 feet more or less to the mouth of the Sibun Canal; thence due West along the Sibun Canal for a distance of 6,270 feet more or less to its junction with the Burdon Canal; thence in a North Easterly direction along the said Burdon Canal for a distance of 27,225 feet more or less to its junction with the Haulover Creek; thence in a North Westerly direction along the said Haulover Creek for a distance of 18,150 feet more or less to its junction with the Belize river; thence in an Easterly direction and down stream along the Belize River for a distance of 990 feet more or less to the sea coast; thence in an Easterly and Southerly direction along the sea coast for a distance of 28,462 feet more or less to the point of commencement.

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CHAPTER 85

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title. 2. Interpretation.

PART I COMPILATION OF REGISTER OF NATIONALS

3. Register of nationals. 4. Manner of preparing register of nationals. 5. Right to vote.

PART II COMPILATION OF REGISTER OF ALIENS

6. The provisions of Part II applicable to aliens only. 7. Production of proof in support of claim for registration. 8. Registering Officer may refuse registration. 9. Manner of registration. 10. More information from applicant. 11. Registration Record Card. 12. Identification card. 13. Name Index card. 14. Applicant to sign record cards. 15. Certificate as to registration. 16. Photograph of the elector. 17. Chief Elections Officer to return documents to Registering Officer. 18. Filing of registration record cards in Council register. 19. Filing of cards in alien central register.

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20. Register of aliens. 21. Claims and objections to insertion of names on register of electors.

PART III REVISING COURT

22. Application, objections and appeals. 23. Annual court to revise register. 24. Powers of Court. 25. Court to determine application, etc. 26. Costs. 27. Evidence of opinion of Court. 28. Recording of names in register. 29. Transmission of registers to Chief Elections Officer. 30. Delivery of identification card. 31. Who may appeal and procedure on appeal. 32. Person aggrieved may apply for Order calling on Revising Officer to

show cause. 33. Power to Supreme Court. 34. Decision of Supreme Court to be final. 35. Order expunging name.

PART IV GENERAL PROVISIONS

36. Correction of minor errors. 37. Correction of errors in names and dates of birth. 38. Replacement of lost, inaccurate, etc., identification cards. 39. Partial or total loss of registration record card. 40. Substitution of identification cards. 41. Seeking registration more than once. 42. Inspection of documents. 43. No misnomer to prejudice decision. 44. Effect of non-publication.

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45. Registers to be kept accessible for perusal.

PART V HOLDING OF ELECTIONS

46. Publication of notice of Elections. 47. Copies of Register of Electors to be obtained. 48. Mode of nomination of candidates. 49. Objection to nomination. 50. Insufficient nomination. 51. Nomination in excess of vacancies. Deposit by candidates. 52. Withdrawal of candidate. 53. Clerk at polling station and counting clerks. 54. Appointment of additional polling stations and presiding officers if

necessary. 55. Conduct of election. 56. Time of voting. 57. Ballot Box. 58. Supplies of election materials. 59. Polling agents and counting agents. 60. Who are to be admitted within the polling station. 61. Non-attendance of candidates not to invalidate acts. 62. Order at polling station. 63. Directions of guidance of electors. 64. Taking of poll and the ballot. 65. Printing, publishing, etc., of prescribed forms prohibited. 66. Presiding Officer to provide ballot boxes, etc. 67. Assistance to voters. 68. Proceedings at poll. 69. Presiding Officer to receive votes. 69:01. Voting by Proxy. 70. Questions which may be put to voters. 71. Spoilt ballot. 72. Provisions as to voting where voter is physically incapacitated from

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voting in the ordinary way. 73. Ballot box and papers to be sealed. 74. Opening of ballot boxes. 75. Procedure thereafter. 76. Ballot paper when void and not counted. 77. Report regarding rejected ballot papers. 78. Decision of Returning Officer to be final. 79. Adjournment of election. 80. Procedure when two candidates have equal votes. 81. Re-count. 82. Declaration of result of poll. 83. Return of persons voting. 84. Voting papers, etc., to be sent under seal to the Chief Elections Officer. 85. Wilful delay in making return. 86. Candidate to have the privileges conferred on his agent. 87. Voter not required to state for whom he voted.

PART VI DISPUTED ELECTIONS

88. Avoiding by conviction of candidate. 89. Avoidance of election on election petition. 90. Appointment and powers of Election Judge. 91. Who may present petition. 92. Relief which may be claimed. 93. Parties to a petition. 94. Contents of petition. 95. Special provisions relating to the procedure before an Election Judge. 96. Determination of Election Judge. 97. Report of Election Judge as to corrupt or illegal practice. 98. Appeal on question of law against determination under regulation 96

and any other decision of Election Judge which finally disposes of election petition.

99. Security by appellant for costs, etc., of appeal.

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100. Powers of the Court of Appeal. 101. Transmission to Chief Elections officer of certificate and Report. 102. Effect of certificate and report. 103. Notification of elected member. 104. Time for presentation. 105. Procedure and practice on election petitions. 106. Rejection of ballot paper by Returning Officer to be final. 107. Computation of time. 108. General penalty.

PART VII ELECTION PETITIONS

109. Manner of presentation of petition. 110. Form of election petition. 111. Where more than one petitions are presented in relation to same

elections. 112. List of votes objected to where seat claimed by an unsuccessful

candidate. 113. List of objections in recriminatory case. 114. Appointment of agent by petitioner. 115. Appointment of an agent by respondent. 116. Registrar to keep book with addresses and names of agent. 117. Security by petitioner for costs, etc., of election petition. 118. Service of Notice of petition. 119. List of petitions. 120. Time and place of trial of petition. 121. Postponement of trial. 122. Adjournment and continuation of trial. 123. Withdrawal of election petition. 124. Form of application. 125. Copy of application to be given to respondent. 126. Application to be substituted as petitioner on withdrawal.

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127. Time and place of hearing of application. 128. Substitution of another petitioner. 129. Non-abatement of election petition by reason only of a dissolution of

Council. 130. Abatement of petition by death. 131. Application to be substituted as petitioner on abatement. 132. On death, resignation or notice not to oppose of respondent the petition

to continue. 133. Respondent not opposing petition not to appear as a party. 134. Countermanding notice of trial where petition abated, etc. 135. Costs. 136. Taxation and recovery of costs. 137. Attorney-at-Law may act as agent under these Regulations. 138. Notice of appointment of agent. 139. Service of notices on agents.

PART VIII OFFENCES

140. Offences. 141. False claims to registration. 142. False objections. 143. False statement for registration. 144. Offence to omit qualified person from registering. 145. Offences by persons employed in the preparation of register. 146. Restriction on sale of intoxicating liquor. 147. Employers to allow employee prescribed period for voting. 148. Offences by Election Officers. 149. Loud speakers, ensigns, banners, etc., prohibited on polling day. 150. Bribery. 151. Treating. 152. Undue influence. 153. Personation. 154. Penalty for bribery, etc.

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155. Penalty for certain illegal practices at election. 156. Offencers in respect of ballot papers. 157. Infringement of secrecy. 158. Maintenance of order at polling station. 159. Disqualification for bribery, etc. 160. Disqualifying effect of conviction for illegal practice. 161. Attempts; how punishable. 162. Aiding and abetting.

SCHEDULE FORM 1 FORM 2 FORM 3 FORM 4 FORM 5 FORM 6 FORM 7 FORM 8 FORM 9

FORM 10A FORM 10B FORM 11 FORM 14 FORM 15

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CHAPTER 85

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS

(Section 16)

[31st May, 1980.]

1. These Regulations may be cited as the

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS.

2. (1) In these Regulations-

“Act” means the Belize City Council Act;

“alien” shall for the purposes of these Regulations mean any person who is not a citizen of Belize;

“Belize City” has the same meaning as in the Act;

“Chief Elections Officer” means the Chief Elections Officer appointed under the Representation of the People Act;

“Council” means the Belize City Council;

“division” means the electoral division demarcated under the Representation of the People Act and comprised in Belize City;

“election” means election of members to the Council and includes a by-election;

“elector” means a person who pursuant to these Regulations has been registered as an elector to vote at an election;

46 of 1980. 67 of 1984 16 of 1985. 151 of 1992. 15 of 1999.

Shor title.

Interpretation.

CAP. 9.

CAP. 9.

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“Form” means the relevant form given in the Schedule to these Regulations;

“member” means a member of the Council and includes the Mayor;

“Minister” means the Minister charged with responsibility for Local Government;

“registering officer” means the registering officer appointed under the Representation of the People Act for each of the divisions comprised in Belize City;

“Representation of the People Act” means the Representation of the People Act;

“Registrar” means the Registrar of the Supreme Court;

“Returning Officer” means the Returning Officer appointed for the purposes of an election to the Council;

“signature” includes any mark or thumb impression;

“voter” means a person who votes or applies to vote at an election.

(2) Where any register, notice or other document is by or under these Regulations required to be published, it shall be done, in the absence of any provision in these Regulations to the contrary, by-

(a) publishing it in the Gazette, or

(b) making copies thereof available for inspection at the office of the Chief Elections Officer and that of the Registrar;

15 of 1999.

CAP. 9.

CAP. 9.

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(c) by afixing a copy of such register, notice or other document on or near the outer door of the City Hall;

(d) by afixing such register, notice or other document to the Courthouse or Courthouses in the district or such other conspicuous place in Belize City as the person publishing considers necessary; or

(e) by advertising it in a newspaper circulating in Belize, or by specifying in such advertisement the places at which such register, notice or document is available for inspection; or

(f) by placards or handbills; or

(g) by such other manner approved by the Minister as the person publishing thinks is best calculated to afford information to the persons who should receive such information.

PART I COMPILATION OF REGISTER OF NATIONALS

3. The Chief Elections Officer shall in each year, make a list of the names of all those persons who by the last day of February of that year have been registered under the Representation of the People Act as electors for the divisions or portions of divisions comprised in Belize City and sign and date the same. The list so prepared and signed shall be the register of national electors for that year:

Provided that for the purposes of any election to fill all or any vacancies that may arise in the membership of the Council, there shall be published and used a supplementary list giving the names of persons who have been registered as electors for the electoral divisions or portions of divisions comprised in Belize

Register of nationals. 151 of 1992. CAP. 9. 16 of 1985.

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City up to the 15th day of the month prior to that in which the election is held and the persons whose names appear on the supplementary list shall, subject to the other provisions of the Act and these Regulations be entitled to vote thereat.

4. The Chief Elections Officer shall cause the list referred to in regulation 3 to be prepared in alphabetical order or in order of streets or polling areas or such combination of those as he may think fit.

5. Where the name of any person, who has been duly registered as an elector under the Representation of the People Act and in respect of whom a registration record card has been completed, does not appear on the list prepared under regulation 3, such person shall nevertheless, upon production by him of his identification card, be permitted to vote in the polling area in which he would have been entitled to vote:

Providing that the presiding officer shall maintain a list of the names and registration numbers of the electors thus permitted to vote and of the number of the ballot paper issued to each of them.

PART II COMPILATION OF REGISTER OF ALIENS

6. Every registering officer shall on or before the 1st day of June in each year cause to be published a notice in Form 2 requiring every person other than a Citizen of Belize by birth, registration or naturalisation who may be entitled to vote as the election of a member of the Council to deliver or cause to be delivered to him on or before the 30th day of June his application to be registered as an elector.

7. (1) In each year between the 1st and 30th days of June, both inclusive, every such person claiming to be entitled to be registered as an elector shall deliver or cause to be delivered to the appropriate registering officer an application to be registered as an elector according to Form 3, and

Manner of preparing register of nationals.

Right to vote. CAP. 9.

The provisions of part II applicable to aliens only. Form 2.

Production of proof in support of claim for registration.

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shall if called upon, produce such deeds or documents or such other evidence as may be necessary to establish his claim to be registered.

(2) The application shall bear the signature of the applicant and shall contain the date of the signature, a statement of the qualification of the applicant in respect of which it is made and a declaration of the truth of the particulars of the application. The declaration shall not be subject to stamp duty, nor shall any fee be payable in respect thereof, any Act or Regulations to the contrary notwithstanding.

(3) Every registering officer shall inquire into, examine and investigate the qualification in respect of which such application is made and, if he considers it necessary, any evidence (which he may receive on oath) adduced in support thereof and, if he is satisfied that the person making such application possesses the qualification in respect of which such application is made, he shall register such person in the manner hereinafter provided, otherwise he shall disallow such application.

(4) Every registering officer shall, in the month of June in each year after the year 1980 ascertain whether any of the persons admitted and registered as electors in the register made up as hereinafter mentioned, in the year immediately preceding, have ceased to retain the qualifications in respect of which they were registered, or whether any of them are dead; and he shall, in the next register of electors to be made up by him under regulation 20 write the words “objected to” against the name of every person whom he has cause to believe has ceased to retain the qualification in respect of which he was registered, and shall write the word “dead” against the name of every person whom he has grounds for believing is dead.

8. (1) Where the registering officer is not satisfied with the applicant’s claim to registration as an elector, he shall issue to that applicant a notice of disallowance in Form 4.

(2) Where a registering officer disallows an application for

Registering Officer may refuse registration.

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registration he shall record his reasons for such disallowance and a statement of his reasons shall be set out in the notice of disallowance.

(3) Any person who is aggrieved by the decision of the registering officer under paragraph (1) may within ten days from the date of the notice of disallowance deliver to the registering officer and the revising officer of the division concerned a statement of appeal, to be heard at the same time as objections made against the registration of electors.

(4) The registering officer shall maintain a book showing the names, addresses and other particulars of every applicant whose application for registration has been disallowed by him under this regulation.

9. Where the registering officer is satisfied that the applicant is of eligible to be registered he shall cause to be prepared, in respect of that person, in accordance with the provisions of the succeeding regulations-

(a) a registration record card in duplicate in Form 5;

(b) an identification card in Form 6;

(c) a certificate as to registration in triplicate in Form 7; and

(d) a name index card in Form 8.

10. The registering officer may require any applicant for registration to give him such information as will facilitate him in the discharge of his functions under these Regulations.

11. The registration record card shall bear a serial number. The particulars in the original shall be filled in ink; the duplicate by means of carbon paper, and the card shall be signed by the registering officer on completion.

Form 4.

Manner of registration.

Form 5

Form 6

Form 7

Form 8.

More information from applicant.

Registration Record Card.

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12. The identification card in respect of the applicant shall be completed by the registering officer and signed by him.

13. The name index card shall be completed and signed by the registering officer. It shall be maintained in the office of the registering officer in alphabetical order.

14. (1) The registering officer shall then require the applicant to read the entries in the registration record card, to place his signature on both the original and duplicate relating to him and also on the identification card.

(2) Where the applicant cannot read the entries therein, the registering officer shall read them out to the applicant and if he agrees that the entries accurately reflect the information supplied by him his agreement shall be recorded by the registering officer and the applicant shall place his signature on it.

15. (1) In respect of every person whose registration record card has been completed, the registering officer shall prepare a certificate as to registration, in triplicate, of which the original shall be in ink and the duplicate and triplicate by means of carbon paper, stating that the applicant’s registration record card has been completed and signed by him. It shall also direct the applicant to have his photograph taken by the official photographer.

(2) The original and the duplicate of the certificate as to registration shall be delivered by the registering officer to the applicant.

16. (1) A person to whom a certificate as to registration has been issued under regulation 15 shall within seven days from the date of the certificate present the original and the duplicate to the official photographer, who shall cause such person to place his signature in ink on the original of the said certificate.

Identification card.

Name Index Card.

Applicant to sign record cards.

Certificate as to registration.

Photograph of the elector.

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(2) The official photographer shall thereafter take the photograph of that person and then affix his signature in ink to the original and duplicate of the certificate. He shall return the duplicate to that person and retain the original with him, attaching to it the photograph of that person.

(3) An application for the registration of a person shall not be deemed to be completed until his photograph has been taken in accordance with the provisions of paragraphs (1) and (2) of this regulation.

(4) The official photographer shall transmit to the registering officer who issued the certificate, without delay and in any case within seven days, the original of the certificate presented to him under paragraph (1) and three copies of the photograph taken by him of the person who presented it.

(5) The registering officer shall on receipt of the documents from the photographer forward them forthwith, and in any case within seven days, to the Chief Elections Officer along with the registration record card and the identification card relating to that application. The Chief Elections Officer may give instructions to the registering officer as to the manner in which such documents shall be forwarded to him.

(6) Where a person has presented himself to the photographer and his photograph has been spoilt or misplaced, the registering officer may require him to have his photograph retaken as many times as may be required to obtain a satisfactory photograph of that person.

17. (1) On receipt of the registration record card, the identification card, copies of the photograph, and the certificate as to registration in respect of any person, the Chief Elections Officer shall-

(a) cause copies of the said photograph of the applicant to be attached to the identification card, and to the original and duplicate of the registration record card of that person;

Chief Elections Officer to return documents to Registering Officer.

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(b) thereafter cause the identification card to be laminated; and

(c) return the original of the registration record card and the identification card to the registering officer.

(2) Where a document required to be sent to the Chief Elections Officer under the provisions of paragraph (1) is not received by him or is lost or there is any error or insufficiency therein, the Chief Elections Officer may require the registering officer to cause the same to be remedied.

18. (1) On receipt of the originals of the registration record card and the identification cards from the Chief Elections Officer the registering officer shall file the registration record cards of the electors in a binder designed for that purpose, in a manner to be prescribed by the Chief Elections Officer.

(2) The binder referred to in paragraph (1) shall be capable of being locked in such manner as the Chief Elections Officer may determine so that no registration record card filed therein may be removed or any registration record card inserted except by the application of force.

19. The Chief Elections Officer shall, in respect of each division, place in an alphabetical or numerical series or a combined alphabetical and numerical series the duplicate of the registration record cards received by him from the registering officers and perfected in his office by the afixing of the photographs of the applicants.

20. (1) The registering officers shall, on or before a date to be specified in consultation with the Chief Elections Officer by the Minister by Order published in the Gazette, prepare and publish a register of alien electors substantially in Form 9 showing the serial number of the registration record card, the names, occupation, address and other particulars of all persons in respect of whom registration record cards have been prepared and to whom identification cards are to be issued.

Filing of registration record cards in Council register.

Filing of cards in alien central register.

Register of aliens.

Form 9.

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(2) Not later than seven days after the register of alien electors has been published the registering officer shall publish a notice specifying the places where that register is available for inspection.

21. (1) Every person whose name has been omitted from any such register of alien electors, and who claims to have his name inserted therein, shall, on or before the 15th day of September give notice in writing to the registering officer, according to Form 3; and every person whose name appears in any register of electors for Belize City may object to any other person whose name also appears in any such register as not being entitled to have his name inserted therein.

(2) Every person so objecting shall, on or before the 15th day of September give or cause to be given to the registering officer and the person objected to, or leave or cause to be left at the usual place of abode of such person, notice of such objection in writing, according to Form 10 A or Form 10 B respectively.

(3) Immediately after the 15th day of September every registering officer shall prepare a list of all such applications, appeals and objections and the names of the persons who have made the same, and shall cause a copy of such list to be published before the 20th day of September next following.

PART III REVISING COURT

22. Where applications, objections or appeals are received within the prescribed time under regulation 8 or regulation 21, the registering officer shall prepare a list of such applications, objections and appeals and the names of the persons who have made the same and also a list of the names of persons to whose continued registration he objects on the grounds that they are dead or have ceased to be qualified, and shall produce the same in open court.

Claims and objections to insertion of names on register of electors.

Applications, objections and appeals.

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23. (1) Immediately after the 20th day of October in each year an open court shall be held for the purpose of revising the register of electors published under regulation 20.

(2) The Chief Magistrate of the Belize District or a magistrate nominated by him shall be the revising officer for the divisions comprising Belize City.

24. (1) The Court shall have power to adjourn to such time and as often as may be necessary:

Provided that it must conclude its work no later than the 1st day of November.

(2) The Revising Officer shall also have power to administer oaths to all persons claiming to be registered as electors, or claiming to have any mistake or omission corrected in the said register and to all witnesses produced on either side.

25. The Court shall determine all applications, objections and appeals produced before it, and the Revising Officer shall write his initials against any name struck out of the said registers or inserted therein and against any mistake or omission corrected, and shall sign his name to every page of the said register when it is finally settled.

26. If the Court is of the opinion that the application or objection made by any person is without foundation or is frivolous, it may award costs to be paid by such person to the person resisting the application or objection. For the purpose of compelling the attendance of witnesses and for enforcing the payment of costs awarded as aforesaid the Court shall be deemed to be and have all the powers of a Court of Summary jurisdiction.

27. A certificate signed by the Revising Officer purporting to state the opinion of the Court shall in any proceedings be conclusive evidence thereof.

Annual court to revise register.

Powers of Court.

Court to determine application etc.

Costs.

Evidence of opinion of Court.

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28. The register of electors when finally settled and signed as aforesaid shall be delivered by the Court to the registering officer who shall keep the same, and shall cause the names to be fairly and truly recorded in alphabetical order or in order of streets or polling areas as directed by the Chief Elections Officer, with every name therein numbered, beginning the numbers from the first name and continuing them in a regular series to the last name, and shall cause such recording to be completed within five days after the delivery to him of such register by the Court, and shall sign and certify the same.

29. (1) Every registering officer shall immediately after he has signed and certified the said register of electors transmit it to the Chief Elections Officer who shall upon the receipt of the register countersign and date it and shall cause copy of the same to be published.

(2) The register so dated, signed and published shall, subject to the determination of any pending appeal, form the Register of Alien Electors for Belize City and shall remain in force until a new register is published as herein provided and it shall remain in the custody of the Chief Elections Officer.

(3) A copy of any register so published or any document purporting to be a register and purporting to be signed by the Chief Elections Officer as being correct shall on production be admitted as evidence of the existence and the contents of any register in all courts.

(4) The aliens entitled to vote at the election of the Council shall be those persons whose names appear on the register of alien electors for Belize City.

(5) Where the name of an alien person, who has been duly registered and in respect of whom a registration record card has been completed, under these Regulations, does not appear on the list published under paragraph (1), such person shall nevertheless, upon production by him of his identification card, be permitted to vote in the polling area in which he would have been entitled to vote:

Recording of names in register.

Transmission of registers to Chief Elections Officer.

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Provided that the presiding officer shall maintain a list of the names and registration numbers of the electors thus permitted to vote and of the number of the ballot paper issued to each of them.

(6) No right of voting at any election shall be affected by any appeal against the exercise of that right pending at the time of issuing the Order directing an election to be held but every person who could otherwise vote may exercise the right of voting at the election as effectually and every vote tendered thereat shall be as good as if no appeal were pending and the subsequent decision of that appeal shall not in any way alter or affect the poll taken at the election nor the return made thereat by the returning officer.

30. (1) The registering officer shall after the register of alien electors has been certified by him under regulation 28 cause to be delivered to each alien whose name appears therein and in respect of which name there is no appeal pending, a completed identification card relating to such person in exchange for the duplicate of the certificate as to registration of such person issued to him by the registering officer and endorsed by the official photographer.

(2) Before delivery of an identification card to him the recipient shall place his signature on the duplicate or if the duplicate is not produced on the original of the certificate as to registration forwarded by the photographer along with the photograph.

(3) Where the person delivering the identification card is satisfied-

(a) that the person to whom it relates is unable to produce the duplicate of his certificate as to registration, and

(b) that there is no doubt as the identity of that person,

he may issue the identification card to such person on that person placing his signature on the original certificate of registration and on his giving a receipt therefor in a form approved by the Chief Elections Officer.

Delivery of identification card.

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31. (1) Any person who is dissatisfied, on any point of law material to the case, with any decision of a revising officer to insert, retain or remove any name from any register, may either in person or by some person on his behalf, give to the revising officer, not later than forty-eight hours after the decision is given, a notice of appeal in writing containing a short statement of the decision against which he is appealing.

(2) The revising officer shall within seven days state in writing the facts material to the matter in question which in his judgment have been established by evidence and his decision upon the whole case, for the opinion of the Supreme Court and this shall constitute an appeal under Part X of the Supreme Court of Judicature Act.

(3) The revising officer shall endorse on the case so stated as aforesaid the respective first names and surname and place of abode of the appellant and the respondent (if any) and he shall sign and date the endorsement and transmit the case to the Registrar, and also deliver a copy of the case so endorsed to the appellant and respondent (if any) in the appeal if either requires the same.

(4) The Registrar upon receiving a stated case from a revising officer shall file the same in the Supreme Court and, upon application to the Chief Justice, obtain from him an appointment for the hearing of the appeal and shall give notice thereof to the appellant and respondent, not less than fourteen days before the date fixed for the hearing of the appeal.

32. If any person feels aggrieved by a revising officer’s refusing or neglecting to state a case as above provided, he may within fourteen days after such refusal or neglect, apply to the Supreme Court upon affidavit of the facts, and the Supreme Court shall thereupon, summon the revising officer and also the respondent (if any) to show cause why an Order should not be made directing the appeal to be entertained and a case to be stated.

Who may appeal and procedure on appeal.

CAP. 91.

Person aggrieved may apply for Order calling on Revising Officer to show cause.

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33. Upon receipt of an application under regulation 32 the Supreme Court may make such Order to show cause and may make the same absolute with or without costs, as may be just, and the revising officer on being served with any Order absolute, shall state the case accordingly, and the case shall be stated and the appeal entertained and heard as above provided.

34. (1) Every judgment or decision made by the Supreme Court shall be final and conclusive in the case upon the matter adjudicated upon.

(2) The Registrar shall send a copy of such Order to the registering officer of the relevant division.

35. (1) The registering officer, on the receipt of the Order from the Supreme Court shall, if the Order is for expunging the name of a person from the aliens register of electors-

(i) strike out the name from the register;

(ii) cancel the registration record card in the manner hereinafter prescribed;

(iii) call for the return of the identification card for cancellation, if it has already been issued to the person;

(iv) cancel the identification card; and

(v) make the necessary alterations in the register and other records.

(2) Where the Court orders the insertion of a name in any register, the provisions of regulations 9 to 19 shall mutatis mutandis apply in respect of that appellant and the registering officer shall-

Power of Supreme Court.

Decision of Supreme Court to be final.

Order expunging name.

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(i) notify the Chief Elections Officer of the said Order and the necessary particulars thereof;

(ii) cause to be delivered to the person so added the completed identification card relating to such person in exchange for the duplicate of the certificate as to registration of such person issued to him by the registering officer and endorsed by the official photographer; and

(iii) make the necessary alteration in the register and other records.

(3) The registering officer shall notify the Chief Elections Officer without delay of the changes effected under paragraph (1), and the Chief Elections Officer shall make the necessary changes in the register and other records.

(4) Where the registering officer cancels the registration of a person whose name has been struck out by a revising court, he shall note on the registration record card of such person the reason for the cancellation, stamp or write the word “cancelled” on the face of the registration record card and retain the identification card of such person for destruction.

(5) Immediately on the cancellation of a registration under this regulation the registering officer shall inform the Chief Elections Officer of the name of the person whose registration has been cancelled, the reason therefor, and the date of cancellation; and the Chief Elections Officer shall thereupon cause the duplicate of the appropriate registration record card to be cancelled in the manner set out in paragraph (4) hereof.

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PART IV GENERAL PROVISIONS

36. (1) Any clerical error or omission in a registration record card of an alien and any other error in any such card that has been caused by the inadvertence of a registering officer or the person seeking registration may be corrected or inserted, as the case may require, by the registering officer who registered the person to whom such registration record card or identification card relates.

(2) Where the description of the address or a registered alien has been altered by lawful authority, a registering officer may make the appropriate alteration on the registration record card of such person.

(3) A correction, insertion or alteration made under this regulation shall be initialled by the registering officer and by the person to whom the card relates.

(4) The registering officer shall inform the Chief Elections Officer of any correction, insertion or alteration made under this regulation and the Chief Elections Officer shall make or cause to be made the necessary changes in the appropriate duplicate registration record card.

37. Where an alien is popularly known or called by a name which is other than that appearing on his certificate of birth and is registered under such popular name, or where an alien at the time that he is seeking registration gives as the date of his birth a date which he subsequently discovers to be inaccurate, he shall notify the registering officer and the registering officer shall, if he is satisfied that the facts stated are true, re-register or cause such person to be re-registered in the manner set out for the registration of persons qualified to be registered but so that his registration number shall not be changed.

Correction of minor errors.

Correction of errors in names and dates of birth.

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38. (1) Where an identification card which has been issued to any alien-

(a) has been lost, stolen, destroyed, mutilated or defaced; or

(b) is discovered to contain information given by such person which is inaccurate or incorrect, he may apply to the registering officer of the division in which he resides for the replacement of such identification card, and such registering officer, if he is satisfied that the application is a bona fide one, shall issue to such person a replacement identification card.

(2) An application under paragraph (1) shall be in Form 11 and shall be accompanied by the fee specified in paragraph (9).

(3) The registering officer shall not issue a replacement identification card until, in the case of a card-

(a) which is discovered to contain inaccurate or incorrect information; or

(b) which has become mutilated or defaced, such card has been delivered to him for destruction.

(4) The registering officer for the division in which the applicant resides at the time of his application for a replacement identification card shall-

(a) endorse thereon a note to the effect that such card is a replacement identification card; and

Replacement of lost, inaccurate etc. identification cards.

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(b) if he is satisfied that the contents thereof are correct, either sign such card himself or cause it to be signed by the registering officer for the time being assigned to that division.

(5) Subject to paragraph (6), a replacement identification card shall contain such particulars as were recorded on the identification card of the person to whom it relates.

(6) When a registering officer issues a replacement identification card he may-

(a) insert therein the print of a photograph different from that which was affixed to the identification card which it replaces if he is satisfied that it is sufficiently good likeness of the person to whom it relates; and

(b) in a case where it is discovered that an identification card contains information which is inaccurate or incorrect, insert such alteration on the replacement identification card as, after an inquiry made for the purpose, he may consider necessary and proper:

Provided that where the registering officer accepts a photograph different from that which was on the identification card that is being replaced he shall cause copies of that photograph to be attached to the registration record card and to the duplicate registration record card maintained by the Chief Elections Officer.

(7) Whenever a registering officer issues a replacement identification card, he shall make or cause to be made an entry in the space allocated for remarks on the appropriate registration record card showing the date of the issue of such card and shall-

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(a) notify the Chief Elections Officer of the issue of such card and the Chief Elections Officer shall cause the necessary entries to be made in the duplicate of the registration record card of such person; and

(b) transmit, in cases where the original identification card is required by these Regulations to be surrendered, the surrendered identification card to the Chief Elections Officer.

(8) A registering officer, on being satisfied as to the death of any alien registered in his division to whom an identification card was issued under these Regulations shall as soon as practicable after being so satisfied, require the personal representative of such person or any person in possession of the same to surrender to him the identification card that was issued to such person, if the registering officer is satisfied that it is within the power of any such person so to do.

(9) There shall be payable for every replacement identification card-

(a) in the case of a first issue, five dollars;

(b) in the case of any further issue, ten dollars;

but the Chief Elections Officer may, except where a replacement identification card is issued as a result of incorrect or inaccurate information given by the person to whom such card relates, on the ground of poverty or for other good cause, remit or refund the said fee or any part thereof.

39. (1) If both the original and the duplicate of a registration record card of an alien is lost, mutilated, defaced or destroyed, the appropriate registering officer shall require that person to be registered anew, and if he neglects or refuses so to do the registering officer shall require him to surrender

Partial or total loss of registration record card.

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his identification card.

(2) If either the original or the duplicate of a registration record card of an alien is lost, mutilated, defaced or destroyed, the Chief Elections Officer shall prepare a photostatic record from the remaining copy and the copy shall be deemed to replace the lost, mutilated, defaced or destroyed original or duplicate of the registration record card, as the case may be; and the Chief Elections Officer shall make and sign a certificate on the photostatic copy to the effect that it is a true and correct reproduction.

(3) If the registration record card of an alien whose name is on the revised register of electors for the division and who produces his identification card does not appear in the binder of registration record cards for that division, the Chief Elections Officer shall cause a registration record card to be prepared for such person and such registration record card shall be included in the binder of registration record cards of electors for that division.

40. (1) The Minister may, not earlier than eight years nor later than ten years from the date of the issue of an identification card under these Regulations require every holder of an identification card to surrender such card for inspection and may, if he considers it proper, substitute a new identification card with a fresh photograph for the identification card so surrendered.

(2) Any person who fails to surrender such card for inspection when required to do so under paragraph (1) shall be guilty of an offence.

41. Any person who applies for registration as an elector and does not disclose in such application the fact of his being already registered as an elector or of his already having applied for registration and which application is then pending shall be guilty of an offence and shall on summary conviction be liable to a fine of one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Substitution of identification card.

Seeking registration more than once.

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42. Where a document is made available for inspection any person may make a copy of, or take extracts from such document.

43. No misnomer or inaccurate description of any person or place in any register list, list of applications or objections or in any notice shall prejudice the operation of that document with respect to that person or place, in any case where the description of that person or place is such as to be commonly understood.

44. Any failure to publish a document in accordance with these Regulations shall not invalidate the document nor make any action taken thereafter on the strength of that document ineffectual.

45. Every registering officer shall keep the original registers to be perused by any person during office hours without payment of any fee.

PART V HOLDING OF ELECTIONS

46. (1) For the purposes of every election of members of a new Council and, for the purposes of the election of members to fill vacancies caused by death, resignation or otherwise, the Returning Officer shall give notice in the Gazette of the day and place on and at which he will receive nominations of candidates. Nomination papers shall be in the form prescribed in Form 12 to these Regulations and shall be supplied by the Returning Officer.

(2) Nomination day shall not be less than seven clear days after the date of publication of the notice in the Gazette and shall not be more than ten clear days after the expiration of the period of office of the existing Council.

47. Before the day fixed for the nomination of candidates the Returning Officer shall obtain from the Chief Elections Officer the prescribed number of certified copies of the register of electors for Belize City for the time being in force.

Inspection of documents.

No misnomer to prejudice decision.

Effect of non- publication.

Registers to be kept accessible for perusal.

Publication of notice of Elections.

Copies of Register of Electors to be obtained.

Form 12.

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48. (1) On the day and at the place fixed for the nomination of candidates the Returning Officer shall attend at 10 a.m. and receive the nominations of any duly qualified candidates for the seat or seats to be filled.

(2) Every candidate shall be proposed by two other persons whose names appear on the register of electors for Belize City for the time being in force and shall deliver or cause to be delivered to the Returning Officer his written consent to be nominated.

(3) If by 4 p.m. no more candidates shall have been nominated than there are seats to be filled, the Returning Officer shall declare such candidates to have been duly elected.

49. (1) It shall be lawful for any person whose name appears on the register of electors for Belize City to object to the nomination paper of any candidate and the Returning Officer shall decide on the validity of every objection made.

(2) If the Returning Officer disallows the objections his decision shall be final, but if he allows the same his decision shall be subject to reversal on petition questioning the election or return.

50. If no person or an insufficient number of persons shall be nominated and offer themselves for election, the Minister may nominate as many members as may be required to fill the vacant seats.

51. (1) If more candidates are nominated than there shall be seats to be filled, the Returning Officer shall thereupon appoint a day, being not more than fifteen days after nomination, for the holding of the election.

(2) A candidate for election or someone on his behalf shall at the time of his nomination, deposit or cause to be deposited, with the Returning Officer the sum of fifty dollars and, if he shall fail to do so, the nomination of such candidate shall be deemed to be void.

Mode of nomination of candidates.

Objection to nomination.

Insufficient nomination.

Nomination in excess of vacancies. Deposit by candidates.

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(3) If after the deposit is made the candidate is withdrawn, the deposit shall be returned to the person by whom the deposit was made and if the candidate dies after the deposit is made and before the poll is commenced, the deposit, if made by him, shall be returned to his legal personal representative, or, if not made by him, shall be returned to the person by whom it was made.

(4) A notice of such election shall be published.

(5) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed one-tenth of the total number of votes polled, the amount deposited shall be forfeited to the Crown but, in any other case, the deposit shall be returned to the person who made the deposit or to his personal representative as soon as practicable after the result of the election is declared.

(6) For the purposes of this regulation the number of votes polled shall be deemed to be the number of ballot papers (other than rejected ballot papers) counted.

52. A candidate duly nominated may, not less than two clear days before the taking of the poll, but not afterwards, withdraw from his candidature by giving a notice to that effect, signed by him, to the Returning Officer, and in such case if there are no more remaining candidates than there are seats to be filled, such candidates shall be deemed to be duly elected and notice of their election shall be published by the Returning Officer.

53. The Returning Officer shall appoint fit and proper persons to be clerks or attendants at the polling station or polling stations and for counting of votes.

Withdrawal of candidate.

Clerk at polling station and counting clerks.

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54. (1) The Returning Officer may, if he considers it necessary, appoint more than one polling station, but in case of such appointment he shall appoint presiding officers for the taking of the poll at such polling station or polling stations.

(2) Where more than one polling station is established for Belize City the Returning Officer shall divide the register of electors for Belize City into as many separate parts as there are polling stations in Belize City, and each such part shall form the official register of electors for the particular polling station. A voter shall vote at the polling station where his name appears on the official register of electors for the particular polling station.

(3) When more than one polling station is established for Belize City the registering officer shall for the purpose of checking the identity of electors, break up the binders of registration record cards into as many separate parts as there are polling stations in Belize and supply each such polling station with the part of the binders of registration record cards relating to that polling station. After the completion of the poll the registering officer shall ensure that the binders of registration record cards are restored to their original positions.

(4) The Returning Officer shall provide each polling station with such number of compartments as he may consider necessary to enable electors to record their votes screened from observation.

55. The Returning Officer shall be responsible for the proper carrying out of the provisions of these Regulations in regard to the conduct of elections at the polling station or polling stations.

56. The voting shall commence at the polling stations at 7 a.m. of the day appointed for holding the election, and shall close at 6 p. m. of the same day.

57. (1) The Chief Elections Officer shall supply to the Returning Officer such number of ballot boxes as in his opinion may be necessary for taking the poll for the election of a member or members of the Council.

Appointment of additional polling stations and presiding officers if necessary.

Conduct of election.

Time of voting.

Ballot Box.

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(2) Every ballot box shall be made of some durable material with one lock and key and a slit or narrow opening in the top and so constructed that the ballot papers may be introduced therein but cannot be withdrawn therefrom unless the box is unlocked.

(3) The Chief Elections Officer shall also supply the Returning Officer with such number of ballot papers as in his opinion may be necessary for taking the poll in Belize City. The Chief Elections Officer shall also supply the Returning Officer with such quantities of such materials as are enumerated in paragraph (2) of the next regulation to enable the Returning Officer to discharge his functions under that regulation.

58. (1) The Returning Officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the opinion of the Returning Officer may be necessary.

(2) The Returning Officer shall provide each polling station with-

(a) the necessary materials to enable electors to mark the ballot papers;

(b) the necessary materials for putting the official mark on the ballot papers;

(c) at least three copies, which he shall certify, of the register of electors;

(d) at least three copies of the directions for the guidance of electors in the form set out in regulation 63 hereof:

(e) a statement showing the number of ballot papers so provided, with their serial numbers;

Supplies of election materials.

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(f) the several forms of oaths to be administered to election officers; and

(g) such other things as may be necessary for conducting the elections in the manner provided by these Regulations.

(3) Until the opening of the poll the presiding officer shall keep the official copies of the register of electors, forms of oaths, envelopes, ballot papers, and other election supplies carefully locked up in the ballot boxes, and shall take every precaution for their safe keeping and to prevent any person from having unlawful access to them.

(4) Before the hour fixed for the opening of the poll, the presiding officer shall post up in each compartment of the polling station and in a conspicuous place outside of the polling station one copy of the directions issued for the guidance of the electors in voting.

59. (1) Each candidate shall have the power to appoint polling agents to be present at polling stations within Belize City:

Provided that not more than one such agent shall be present within a polling station at any one time.

(2) Each candidate may appoint two counting agents but not more than one of them may attend at the counting of votes at any one time.

(3) Every appointment of an agent shall be in writing and shall state the name and address of the person and shall be given duly signed by the candidate to the presiding officer or the returning officer as the case may be.

60. (1) The presiding officer shall keep order at the polling station and shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except his assistant, the Chief Elections Officer, the Assistant

Polling agents and counting agents.

Who are to be admitted within the polling station.

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Chief Elections Officer, the Returning Officer, the Election Clerk, the candidates, one agent for each candidate appointed by such candidate in accordance with the provisions of regulation 59 and the police officers on duty.

(2) The agents aforesaid shall be posted in such a place that they can see each person who presents himself as a voter and hear his name as given in by him, but so that they cannot see how any voter votes.

(3) The agents shall not interfere in the proceedings save in-so-far as they may be allowed by these Regulations.

(4) If any person persists, after being warned, in disobeying the directions of the presiding officer or in acting in contravention of these Regulations, the presiding officer may cause him to be removed from the polling station.

61. The non-attendance of any candidate or of any agent nominated by him shall not in any wise invalidate any act or thing done under these Regulations if such act or thing done is otherwise duly done, notwithstanding that such act or thing is required or authorised to be done in the presence of such candidate or of his duly authorised agent.

62. (1) The presiding officer may at any time summon constables within the polling station for the purpose of preserving order.

(2) If any agent persists, after being warned, in contravening these provisions it shall be lawful for the presiding officer to have him turned out of the polling station.

63. For the guidance of electors when voting, notices shall be printed in conspicuous characters and placarded outside the polling station and in every compartment of the polling station in the following form, and these directions shall have the force of law:

Non-attendance of candidates not to invalidate acts.

Order at polling station.

Directions of guidance of electors.

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Directions

(1) Each voter may vote only at one polling station and may vote for as many candidates as he chooses up to a number not exceeding the number of candidates to be elected.

(2) The voter shall go into one of the compartments and mark a cross on the right-hand side of the ballot paper given to him by the presiding officer opposite the name of each candidate for whom he wishes to vote.

(3) The voter shall then fold up his ballot paper so as to conceal the vote, but so as to show the official mark on the back, show the presiding officer the official mark, then put his ballot paper in the ballot box and leave the room.

(4) If the voter inadvertently spoils a ballot paper he may return it to the presiding officer, who shall, if satisfied of such inadvertence, give him another paper.

(5) If the voter votes for more candidates than there are seats to be filled, or places any mark on the paper by which he may afterwards be identified, his ballot paper shall be void and shall not be counted.

64. (1) The poll shall be taken in each polling area by secret ballot in accordance with the provisions of regulations 68 and 70 of these Regulations.

(2) The ballot of each voter shall be a printed paper (in these Regulations called a ballot paper) in Form 13 in which the names of all the candidates in each party are set out in alphabetical order, commencing with the party that had the majority in the outgoing Council, with the colour and/or symbol, if any, that may have been allocated to each candidate or to his party by the Chief Elections Officer printed against each name.

Taking of poll and the ballot.

Form 13.

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(3) Each ballot paper shall have a number printed on the back as in Form 13.

65. (1) No one other than the Chief Elections Officer or a person authorised by him shall print or publish any form prescribed by these Regulations or print or publish any form which in the opinion of the Chief Elections Officer resembles or sufficiently resembles any form prescribed by these Regulations so as to be capable of misleading an elector into believing that that form was a form or a sample of a form printed or published by the Chief Elections Officer.

(2) Any person who contravenes the provisions of paragraph (1) of this regulation shall be guilty of an offence and shall be liable upon summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

(3) Any person who distributes any form printed or published in contravention of the provisions of paragraph (1) of this regulation shall be guilty of an offence and shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

(4) For the guidance of electors the Chief Elections Officer may issue sample ballot papers conforming with Form 13 of these Regulations.

66. In cases where a poll is to take place the presiding officer shall take care that the polling station is provided with such proper doors, barriers, tables, chairs, lighting equipment and other conveniences as may be necessary, and that the same are properly arranged for carrying out the provisions of these Regulations, and he shall also provide a proper ballot box or boxes and such other conveniences for taking the poll as he may deem necessary.

67. The Returning Officer shall on request give such instructions as may appear to be necessary to any elector as to the manner in which he should record his vote.

Presiding Officer to provide ballot boxes etc.

Printing, publishing etc. of prescribed forms prohibited.

Assistance to voters.

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68. (1) At the hour fixed for opening the poll the presiding officer and poll clerk shall, in the presence of the candidates, or their agents and such of the voters as are present, open the ballot box and ascertain that there are no ballot papers or other papers therein, after which the box shall be locked, and the presiding officer shall keep the key thereof, and the box shall be placed on a table in full view of all present and maintained there until the closing of the poll.

(2) Immediately after the ballot box is so locked, the presiding officer shall call on the voters to vote.

(3) The presiding officer shall secure the admittance over every voter in the polling station and shall see that he is not impeded or molested at or about the polling station.

(4) Subject to subsection (3) of section 15 of the Act, every voter upon entering the polling station, shall produce his identification card and shall declare his name, residence and occupation.

(5) The presiding officer shall mark the ballot paper on the back with his initials and, calling out the name of the voter in an audible voice, and marking the voter in such manner as is prescribed by this regulation, deliver the paper to him within the polling station.

(6) Any candidate or the polling agent of any candidate may challenge the identity of any voter, and shall upon so challenging the identity of any voter be entitled to examine the identification card of that voter and to compare the same with the registration record card relating to such voter.

(7) A voter shall be marked by the dipping of the forefinger of his right hand up to at least the first joint in indelible ink. If a voter has no fore-finger on his right hand or if for any other reasons it is, in the opinion of the presiding officer, not practical to mark such forefinger such other finger as the presiding officers shall direct shall be marked in the manner prescribed or, if in the opinion

Proceedings at poll.

CAP. 85.

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of the presiding officer it is not practical to mark any finger of a voter, such voter shall be marked with indelible ink in such way as the presiding officer may deem fit.

(8) The voter shall then retire to one of the compartments provided for the purpose, but within the polling station, and having privately marked his vote on the ballot paper in the manner prescribed by the preceding paragraph and folded it up so as to conceal his vote, but so as to show the initials of the presiding officer on the back shall place it in the ballot box in the presence of the presiding officer after having shown to him the official mark on the back, and the voter, having voted, shall forthwith leave the polling station.

(9) The presiding officer, after having delivered to the voter a ballot paper and while the voter is recording his vote, shall make a mark against the name of the voter on his copy of the register of electors to indicate that the vote of that person has been received, but not so to show the particular ballot paper given to him.

69. The presiding officer at any polling station shall receive the votes of all duly qualified persons whose names are on the register of electors and who appear and apply for a ballot paper.

69:01. (1) Any elector unable to cast his vote at the polling station in the polling area in which his name appears on the register of electors by reason of the fact that

(a) he is a person employed in an essential service elsewhere, or

(b) he is a member of the Belize Defence Force; or

(c) he is a policeman assigned for duty in some other polling area; or

Presiding officer to receive votes.

Voting by Proxy. 67 of 1984.

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(d) he is a person acting as an election officer in some other polling station; or

(e) is a person employed in transporting or in any other manner assisting an election officer in some other polling station;

may vote by proxy:

Provided that

(a) a person shall not be entitled to have more than one person at a time appointed as proxy to vote for him at the election;

(b) a person shall not be capable of being appointed to vote as proxy unless he is a registered elector and is not subject to any legal incapacity to vote thereat;

(c) the appointment shall be made by the Returning Officer by means of a proxy paper issued by him in the manner set out in Form 14 on application made to him by the elector;

(d) the application shall be in the manner set out in Form 15 and shall be signed by the voter in the presence of a Justice of the Peace, the Commissioner of Police or the Commandant of the Belize Defence Force, as the occasion permits.

(2) Stamp duty shall not be chargeable on any instrument appointing a proxy under these Regulations.

Form 14.

Form 15.

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(3) The Returning Officer shall keep a record of electors for whom proxies have been appointed and the names and addresses of the persons so appointed.

(4) Any person who impersonates a proxy or in any manner acts in contravention of this regulation shall be liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months.

(5) The Minister may by order prescribe what services are essential services for the purposes of this regulation.

70. (1) The presiding officer may, at his discretion, and shall, if required by any candidate, or any person representing a candidate at the time of the votes being received, put to any voter, who is in possession of an identification card, at the time of tendering his vote, the following questions, or either of them, and no other-

(a) are you the same person whose name appears as (A.B. as the case may be) on the register of electors now in force;

(b) have you already voted at this election either here or elsewhere for the election of members of the Council.

(2) Where any voter is, at the time of tendering his vote, not in possession of an identification card, the presiding officer may at his discretion ask any question relating to his identity, his place of residence, his age and any other matter that may be of assistance in establishing the voter as being the person whose name appears in that register.

(3) If any person refuses to answer any question so put to him, the presiding officer or his substitute may refuse to receive his vote.

Questions which may be put to voters.

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(4) If any person makes a false answer to any such question he shall be liable on summary conviction to imprisonment for six months.

71. (1) A voter who has so inadvertently dealt with his ballot paper that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving the inadvertence to the satisfaction of that officer, obtain another ballot paper in place of that so delivered (hereinafter called a spoilt ballot paper).

(2) The spoilt ballot papers shall immediately be cancelled by the presiding officer writing the word “cancelled” across the face and initialling it, and he shall retain the same.

72. If any voter is incapacitated by blindness or other physical cause from voting in the manner prescribed by these Regulations, the presiding officer shall, at the request of that voter, in the presence of the agents (if any) of the candidates, cause his vote to be marked on a ballot paper in the manner directed by the presiding officer, and the ballot paper so marked to be placed in the ballot box, and the name and number on the register of electors of every voter whose vote is so marked for him and the reason why it is so marked shall be entered on a list which shall be kept by the presiding officer.

73. (1) Except when there is only one polling station every presiding officer shall, immediately after the close of the poll, in the presence of the agents (if any) of the candidates make up into separate packets or parcels and seal-

(a) the ballot box or boxes in use at his station which shall not be opened by him and shall be so sealed as to prevent the introduction of additional ballot papers;

(b) the key or keys of the ballot box or boxes used at the poll;

(c) the unused and spoilt ballot papers;

Spoilt ballot.

Provisions as to voting where voter is physically incapacitated from voting in the ordinary way.

Ballot box and papers to be sealed.

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(d) the marked copies of the register of electors.

(2) Every presiding officer shall, with all convenient speed and trustworthy means, forward the packets or parcels to the Returning Officer.

74. The Returning Officer shall open the sealed ballot boxes as soon as practicable after they have all been received from the polling stations.

75. The Returning Officer shall, in the presence of the candidates or their agents (if any), if they or any of them desires to be present, and of such other person or persons as he may deem proper, proceed respectively as follows:

(a) he shall, before opening any ballot box, compare the several marked copies of the register of electors used at the polling station or stations, so as to ascertain whether a vote has been taken in the name of the same voter at more stations than one, and, if any vote has been so taken, shall record in writing, the stations at which it has been taken and the number of the voter on the register of electors;

(b) he shall then proceed to examine the ballot boxes, papers, and documents in his possession (examining the ballot boxes, papers, and documents received from each polling station) one station at a time in the following manner:

(i) he shall count the ballot papers in the ballot boxes and the unused and spoilt ballot papers, so as to ascertain whether these papers, account for all ballot papers issued for the purpose of the election in the particular polling station with which he is dealing and shall record in writing the result

Opening of ballot boxes.

Procedure thereafter.

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of the examination;

(ii) the Returning Officer shall count the ballot papers contained in the ballot boxes box by box recording as he proceeds, the number of votes for each candidate;

(iii) the Returning Officer, after counting the votes as aforesaid, shall make up into one packet the ballot papers, and all other papers and documents, and the record of the result of the examination in this sub-paragraph mentioned and shall seal up the packet so that the same cannot be opened without breaking the seals;

(c) the Returning Officer shall, so far as is practicable, proceed continuously with the counting of the votes, allowing only time for refreshment and during the excluded time the Returning Officer shall place the ballot papers and other documents relating to the election under seal and otherwise take proper precaution for their security.

76. (1) Any ballot paper-

(a) which does not have the presiding officer’s initials on the back of it; or

(b) in which the elector has voted for more candidates than there are seats to be filled; or

(c) which is not marked for any candidate; or

Ballot paper when void and not counted.

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(d) which contains any writing or mark by which the elector could be identified; or

(e) which is unmarked or void for uncertainty, shall be void and shall not be counted.

(2) The Returning Officer shall endorse “rejected” on any ballot paper which he may reject as void and in case of a ballot paper on which any vote is to be counted under paragraph (3) hereof he shall endorse the words “rejected in part” and a memorandum specifying the votes to be counted, and shall add to the endorsement

“rejection objected to” if an objection be in fact made to his decision by any person entitled to be present.

(3) Where an elector is entitled to vote for more than one candidate, a ballot paper shall not be deemed to be void for uncertainty as respects any vote as to which no uncertainty arises and that vote shall be counted.

77. (1) The Returning Officer shall report to the Chief Elections Officer the number of ballot papers rejected and not counted by him under the several heads set out in regulation 76.

(2) The Returning Officer shall on request allow any candidate or candidates for whom the rejected vote was given, or his agent, to copy the report before it is submitted.

78. Subject to reversal on petition questioning an election or return, the decision of a Returning Officer as to any question arising in respect of any ballot paper shall be final.

79. In any case where the proceedings at an election are interrupted or obstructed by any riot or open violence at the polling station the Returning Officer may adjourn the further holding of the election at such polling station

Report regarding rejected ballot papers.

Decision of Returning Officer to be final.

Adjournment of election.

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until the next working day, and so on as often as may be necessary.

80. (1) When the ballot papers have been counted, compared and recorded in the manner aforesaid the Returning Officer shall proceed to add up the number of votes given to each candidate, and shall forthwith declare to be elected the candidate or candidates to whom the majority of votes have been given.

(2) If there is given to two or more candidates an equal number of votes in respect of the seat or the last remaining seat to be filled as the case may be the election as between the candidates with an equal number of votes shall be decided by the drawing of lots.

81. (1) Any candidate or his agent may at any time during the counting of the votes request the Returning Officer to re-count or again re-count all or any of the ballot papers or to re-check or again re-check any figures recorded by the counting clerks or the Returning Officer, but the Returning Officer may refuse to do so if in his opinion the request is unreasonable.

(2) The Returning Officer may also at his discretion himself re-count, or direct the re-count of votes either once or more often in any case in which he is not satisfied as to the accuracy of any previous count, or may himself re-check, or direct the re-checking of, any figures recorded by the counting clerks or by himself in any case in which he is not satisfied as to the accuracy of such figures:

Provided that nothing herein shall make it obligatory for the Returning Officer to count or cause to be re-counted the same votes more than once or to re-check or cause to be re-checked the same figure more than once.

(3) If upon an election petition-

(a) any ballot papers rejected by the Returning Officer are declared valid;

Procedure when two candidates have equal votes.

Re-count.

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(b) any ballot papers rejected in part by the Returning Officer are declared valid as to the part rejected in part or invalid as to the part accepted;

(c) any ballot papers counted are rejected as invalid either in whole or in part,

the Court may direct the whole or any part of the ballot papers to be re-counted and the result of the election ascertained in accordance with these Regulations.

82. (1) As soon as possible after the close of the poll, but not later than 6 p.m. on the afternoon of the working day next thereafter, the Returning Officer shall attend at the polling station appointed for the purpose, and shall publicly state the result of the poll and make declaration of the person or persons elected to be a member or members of the Council and shall forthwith make a return thereof to the Chief Elections Officer.

(2) The Returning Officer shall forthwith after the declaration of the result of the elections make a return to the Chief Elections Officer showing

(a) the particulars of the candidates;

(b) the number of votes polled by each of the candidates; and

(c) which one of the candidates was elected.

(3) The Chief Elections Officer shall, forthwith on the receipt of the return from the Returning Officer, referred to in paragraph (2) above, publish the same in the Gazette.

83. The Returning Officer shall, as soon as may be after any election make a return to the Chief Elections Officer, showing the number of persons who appear to have voted, and the number of spoilt ballot papers, and the number

Declaration of result of poll.

Return of persons voting.

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of persons to whom voting papers appear to have been supplied.

84. The Returning Officer shall, as soon as may be after making the return in the last preceding regulation mentioned, make up into one parcel the voting papers, marked copies of the register of electors and other papers used at the polling stations and in his possession and shall seal the said parcel so that the parcel cannot be opened without breaking the seals. The Returning Officer shall send the parcel containing the voting papers, marked copies of the register of electors and other papers to the Chief Elections Officer who shall keep the parcel sent to him in safe custody and shall allow no person to have access thereto:

Provided that-

(a) when an election petition has been presented questioning the validity of any election or return the Chief Elections Officer shall, on an order of the Supreme Court, deliver to the proper officer of that court the papers in his possession relating to the election that is in dispute; and

(b) after the expiration of twelve months from the date of any election the Chief Elections Officer shall burn the papers used at that election.

85. If any Returning Officer wilfully delays, neglects or refuses duly to return any person who ought to be returned to serve on the Council and if it has been determined on the hearing of an election petition respecting the election to the Council that such person was entitled to have been returned, the Returning Officer who has so wilfully delayed, neglected or refused duly to make such return of his election shall forfeit to the person aggrieved the sum of five hundred dollars and costs in addition to all damages sustained.

Voting papers etc. to be sent under seal to the Chief Elections Officer.

Wilful delay in making return.

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86. Any candidate may himself do, or aid in doing anything which his agent may do under these Regulations and may be present at any place at which his agent may under these Regulations be present.

87. No voter who has voted at any election shall, in any proceeding to question the election, be required to state for whom has has voted.

PART VI DISPUTED ELECTIONS

88. The election of a candidate as a member is avoided by his conviction for any corrupt or illegal practice.

89. (1) The election of a candidate as a member shall be declared to be void on an election petition on any of the following grounds which may be proved to the satisfaction of the Election judge, namely:

(a) that by reason of bribery, treating, intimidation or misconduct, or other circumstances, whether similar to those before enumerated or not, the electors were prevented from electing the candidate whom they preferred;

(b) non-compliance with the provisions of these Regulations relating to election if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such noncompliance affected the result of the election;

(c) that bribery or treating was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate;

Candidate to have the privileges conferred on his agent.

Voter not required to state for whom he voted.

Avoiding by conviction of candidate.

Avoidance of election on election petition.

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(d) that the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that such person had within seven years previous to such engagement been found guilty of bribery or treating by an Election judge;

(e) that the candidate was at the time of his election a person disqualified for election as a member.

(2) No election shall be declared invalid by reason of any act or omission by the Returning Officer or any other person in breach of his official duty in connection with the election or otherwise of the provisions of these Regulations if it appears to the judge or the Court having cognisance of the question that the election was so conducted as to be substantially in accordance with the law as to elections and that the act or omission did not affect its result.

90. (1) Every election petition shall be tried by the Chief Justice or by a judge of the Supreme Court nominated by the Chief Justice for the purpose.

(2) The Chief Justice or the Judge so nominated is in these Regulations, referred to as the “Election Judge” or “the judge”.

(3) For the purposes of summoning or compelling the attendance of witnesses at the trial of an election petition, the Election judge shall have the same power, jurisdiction, and authority as are possessed and exercised by a judge of the Supreme Court in the trial of a civil action and witnesses shall be sworn in the same manner, as far as circumstances will admit, as in the trial of such an action, and shall be subject to the same penalties for the giving of false evidence.

(4) The Election Judge shall be attended on the trial of an election petition in the same manner as if he were a judge of the Supreme Court.

Appointment and powers of Election Judge.

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(5) Unless otherwise ordered by the Chief justice, all interlocutory matters in connection with an election petition may be dealt with and decided by any judge of the Supreme Court.

91. An election petition may be presented to the Supreme Court by any one or more of the following persons, namely-

(a) some person who voted or had a right to vote at the election to which the petition relates; or

(b) some person claiming to have been a candidate at such election.

92. All or any of the following reliefs to which the petitioner may be entitled may be claimed in an election petition, namely-

(a) a declaration that the election is void;

(b) a declaration that the return of any person elected was undue;

(c) a declaration that any candidate was duly elected and ought to have been returned;

(d) where the seat is claimed for any unsuccessful candidate, on the ground that he had a majority of lawful votes, a scrutiny.

93. (1) A petitioner shall join as respondents to his election petition-

(a) where the petition, in addition to claiming that the election of any returned candidate is void or was undue, claims a further declaration that he himself or any other candidate has been duly elected, all the

Who may present petition.

Relief which may be claimed.

Parties to a petition.

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contesting candidates, other than the petitioner, and where no such further declaration is claimed, the returned candidates; and

(b) another candidate or person against whom allegations of any corrupt or illegal practice are made in the petition.

(2) Any candidate not already a respondent to an election petition shall, upon application in that behalf made by him to the Election Judge, be entitled to be joined as a respondent to such petition:

Provided that no candidate shall be entitled to be joined of his own motion as a respondent to such petition under the preceding provisions of this regulation unless he has given such security for costs as the Election judge may determine.

94. An election petition-

(a) shall state the right of the petitioner to petition within these Regulations;

(b) shall state the holding and result of the election;

(c) shall contain a concise statement of the material facts on which the petitioner relies;

(d) shall set forth particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of such practice, and shall also be accompanied by an affidavit in support of the allegation of such corrupt or illegal practice and the date and place of the

Contents of petition.

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commission of such practice;

(e) shall conclude with a prayer as, for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or as the case may be, and shall be signed by all the petitioners:

Provided, however, that nothing in the preceding provisions of this section shall be deemed or construed to require evidence to be stated in the petition.

95. (1) The Election judge may, upon such terms as to costs or otherwise as he may deem fit, allow the particulars of any corrupt or illegal practice specified in an election petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair or effective trial of the petition, so, however, that he shall not allow such amendment or amplification if it will result in the introduction of particulars of any corrupt or illegal practice not previously alleged in the petition.

(2) Every election petition shall be tried as expeditiously as possible and every endeavour shall be made to conclude the trial of such petition within a period of two months after the date of the presentation of such petition. The Election judge shall make his order deciding such petition without undue delay after the date of the conclusion of the trial of such petition.

96. At the conclusion of the trial of an election petition the Election Judge shall determine whether the member whose return or election is complained of, or any other, and if so which person, was duly returned or elected, or whether the election was void, and shall certify such determination in writing under his hand.

Such certificate shall be kept in the custody of the Registrar of the Supreme Court to be dealt with as hereinafter provided.

Special provisions relating to the procedure before an Election Judge.

Determination of Election Judge

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97. At the conclusion of the trial of an election petition the Election Judge shall also make a report under his hand setting out-

(a) whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his agent, and the nature of such corrupt or illegal practice, if any; and

(b) the names and descriptions of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice:

Provided, however, that before any person, not being a party to an election petition nor a candidate on behalf of whom the seat is claimed by an election petition, is reported by an Election judge under this section, the Election judge shall give such person an opportunity of being heard and of giving and calling evidence to show why he should not be so reported.

Such report shall be kept in the custody of the Registrar of the Supreme Court, to be dealt with as hereinafter provided.

98. (1) An appeal to the Court of Appeal shall lie on any question of law, but not otherwise, against-

(a) the determination of an Election judge under regulation 96; or

(b) any other decision of an Election judge which has the effect of finally disposing of an election petition.

(2) Any such appeal may be preferred, either by the petitioner or by the respondent in the election petition, before the expiry of a period of one month next succeeding the date of the determination or decision against which

Report of Election Judge as to corrupt or illegal practice.

Appeal on question of law against determination under regulation 96 and any other decision of Election Judge which finally disposes of election petition.

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the appeal is preferred.

(3) Notice of the filing of a petition of appeal, accompanied by a copy of the petition, shall, within ten days of the filing thereof be served by the appellant on the other party or each of the other parties to the election petition and on the Attorney General. Such service on a party may be effected in any manner prescribed for the service of the notice and copy of an election petition.

(4) Every appeal under this regulation shall, as far as practicable be given priority over other business of that court. The Court may give all such directions as it may consider necessary in relation to the hearing and disposal of each appeal.

(5) The Attorney General shall be entitled to appear or be represented in any appeal under this regulation.

99. (1) At the time of the filing of a petition of appeal, or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the appellant shall be given on behalf of the appellant.

(2) The security shall be to an amount of six hundred dollars and shall be given by recognisance to be entered into by any number of sureties not exceeding four approved by the Registrar or by deposit of money in the Supreme Court or partly in one way and partly in the other.

(3) If the security as in this regulation provided is not given by the appellant, no further proceedings shall be had on the appeal, and the respondent may apply to the Court of Appeal for an order directing the dismissal of the appeal and for the payment of the respondent’s costs. The costs of hearing and deciding such application shall be paid as ordered by the Court of Appeal and in default of such order shall form part of the general costs of the appeal.

(4) The deposit of money by way of security for the payment of the costs, charges and expenses payable by the appellant shall be made by payment

Security by appellant for costs etc. of appeal.

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to the Registrar of the Supreme Court. A receipt shall be given by the Registrar for the same.

(5) The Registrar shall file a carbon copy of such receipt and keep a book open to the inspection of all parties concerned in which shall be entered from time to time the amount and the appeal to which it is applicable.

(6) The security so deposited shall, if and when the same is no longer needed for securing the payment of the costs, charges and expenses payable by the appellant, be returned or otherwise disposed of as justice may require by order of the Registrar.

(7) Such order may be made after such notice of intention to apply and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Registrar may require.

(8) Such order may direct payment to the party to whose name the sum is deposited or to any person entitled to receive the same.

100. (1) The Court of Appeal may, upon any appeal preferred under regulation 98 affirm, vary or reverse the determination or decision of the Election Judge to which the appeal relates.

(2) Where the Court of Appeal reverses on appeal the determination of the Election Judge that court shall decide whether the member whose return or election was complained of in the election petition, or any other, and if so which person, was duly returned or elected, or whether the election was void, and a certificate of such decision shall be issued by that court.

(3) The Court of Appeal may, in the case of any appeal under regulation 98 order that the election petition to which the appeal relates shall be tried anew in its entirety or in regard to any matter specified by that court and give such directions in relation thereto as that court may think fit.

Powers of the Court of Appeal.

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(4) The Court of Appeal may make any order which it may deem just as to the costs of the appeal and as to the costs and incidental to the presentation of the election petition and of the proceedings consequent thereon, and may by such order reverse or vary any order as to costs made by the Election Judge.

(5) The decision of the Court of Appeal on any appeal shall be final and conclusive.

101. (1) Where no appeal is preferred against the determination of an Election Judge under regulation 98 within the period hereinbefore specified in that behalf, or where in any appeal that is so preferred the Court of Appeal confirms the determination of the Election judge, the court shall transmit to the Chief Elections Officer the certificate of the Election Judge issued under regulation 96 together with the report of the Election judge made under regulation 97.

(2) Where the determination of the Election judge is reversed by the Court of Appeal, the court shall transmit to the Chief Elections Officer the certificate of the decision of that court issued under regulation 100 together with-

(a) the report of the Election judge made under regulation 97 if it is in the opinion of the Court of Appeal not affected by the decision in the appeal; or

(b) if the court considers it necessary, a report in respect of the matters referred to in regulation 97 made by the court in accordance with the provisions of that regulation.

102. (1) Upon the transmission to the Chief Elections Officer of the certificate of the determination of an Election Judge or of the decision of the Court of Appeal as required by regulation 101-

Transmission to Chief Elections Officer of certificate and Report.

Effect of certificate and report.

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(a) the determination or the decision, as the case may be, shall take effect; and

(b) the return or the election shall be confirmed or altered; or where the election has been declared void, the Chief Election Officer shall, within one month of the receipt of the certificate by notice in the Gazette, order the holding of an election in the division concerned, as the case may require, in accordance with such certificate.

(2) (a) The Chief Election Officer shall, upon receipt of the

report of the Election judge or of the Court of Appeal transmitted to him under regulation 101 cause a copy of the report to be published in the Gazette.

(b) (i) Where the report referred to in paragraph (a) is to the effect that a corrupt or illegal practice has been committed by any person, that person shall be subject to the same incapacities as if at the date of the said report he had been convicted of that practice.

(ii) Where the report referred to in paragraph (a) is to the effect that such corrupt or illegal practice has been committed with the knowledge and consent of a person who was a candidate at an election or by his agent, that person shall be subject to the same incapacities as aforesaid.

(3) It shall be the duty of every registering officer forthwith to peruse every such report which is published in the Gazette as provided in paragraph (2) and forthwith to delete from the register of electors assigned to him the name of every person appearing from the report to be incapable of voting at an

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election.

103. The Chief Elections Officer shall forthwith notify in writing to every person who is duly elected a member of the Council the fact of his being so elected.

104. (1) Every election petition shall be presented within twenty-one days of the date of publication of the result of the election in the Gazette:

Provided that-

(a) an election petition questioning the return or the election upon the ground of a corrupt practice and specifically alleging a payment of money or other act to have been made or done since the date aforesaid by the member whose election is questioned or by an agent of the member or with the privity of the member or his election agent in pursuance or in furtherance of such corrupt practice may, so far as respects such corrupt practice, be presented at any time within twenty-eight days after the date of such payment act or;

(b) an election petition questioning the return or the election upon an allegation of an illegal practice may be presented at any time within twenty-eight days after the date of such payment or other act if the election petition specifically alleges a payment of money or other act to have been made or done since the said day by the member whose election is questioned or by an agent of the member or of his election agent in pursuance or in furtherance of the illegal practice alleged in the petition.

Notification of elected member.

Time for presentation.

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(2) An election petition presented in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the leave of a Judge of the Supreme Court within the time within which an election petition questioning the return or the election upon that ground may be presented.

105. (1) Subject to the provisions of this regulation the procedure and practice on election petition shall be regulated by the regulations contained in Part VII of these Regulations.

(2) If any matter of procedure or practice on an election petition shall arise which is not provided for by these Regulations, the procedure or practice followed in England on the same matter shall, so far as it is not inconsistent with these Regulations and is suitable for application to Belize, be followed and shall have effect.

106. Except on an election petition, the decision of a Returning Officer whether or not a ballot paper shall be rejected, shall not be questioned.

107. (1) In reckoning time for the purposes of these Regulations, Sunday, Christmas Day, Good Friday, and any bank holiday shall be excluded.

(2) Where anything required by these Regulations to be done on any day falls to be done on Sunday or on any such excluded day, that thing may be done on the next day, not being one of such excluded days.

108. Any person who is guilty of an offence under these Regulations for which no penalty has been prescribed shall on summary conviction be liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

Procedure and practice on election petitions.

Rejection of ballot paper by Returning Officer to be final.

Computation of time.

General penalty.

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PART VII ELECTION PETITIONS

109. (1) The presentation of an election petition shall be made by delivering it at the office of the Registrar, and the Registrar or the officer of his department to whom the petition is delivered shall, if required give a receipt in the following form:

Received on the day of 20 , at the Registry of the Supreme Court, a petition touching the election of A.B., Member for the Belize City Council purporting to be signed by (insert the names of petitioners).

C.D. Registrar (or as the case may be)

(2) With the petition two copies thereof shall also be left.

110. The following form, or one to the like effect, shall be sufficient:

IN THE SUPREME COURT OF BELIZE (Belize City Council Act) Election for the Belize City Council held on the day of 20 . The petition of A., of , (or of A., of

and B., of as the case may be), whose names are subscribed.

1. Your petitioner A. is a person who voted (or had a right to vote, as the case may be) at the above election (or claimed to have had a right to be returned at the above election or was a candidate at the above election) and your petitioner B. (here state in like manner the right of each petitioner).

Manner of presentation of petition.

Form of election petition.

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2. And your petitioner state that the election was held on the day of 20 , when A. B., C. D.

and E. F. (name all candidates) were candidates and the Returning Officer has returned A.B. as being duly elected.

3. And your petitioners say that (here state the facts and grounds on which the petitioners rely).

Wherefore your petitioner pray that it might be determined that the said A. B. was not duly elected or returned, and that the election was void (or that the said E. F. was duly elected and ought to have been returned, or as the case may be).

Signed A. B.

111. Where more petitions than one are presented relating to the same election or return, all such petitions shall be dealt with as one petition, so far as the inquiry into the same is concerned.

112. (1) When a petitioner claims that seat for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of the election or return and the party defending the election or return shall, six days before the day appointed for trial, deliver to the Registrar, and also at the address, if any, given by the petitioner and respondents, as the case may be, a list of the votes intended to be objected to and of the heads of objection to each such vote, and the Registrar shall allow inspection and office copies of such list to all parties concerned.

(2) No evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the judge, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.

Where more than one petitions are presented in relation to same elections.

List of votes objected to where seat claimed by an unsuccessful candidate.

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113. The respondents in a petition complaining of an undue return and claiming the seat for some other person may lead evidence to prove that the election of such other person was undue and in such case such respondent shall, six days before the day appointed for trial, deliver to the Registrar, and at also the address, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely, and the Registrar shall allow inspection of office copies of such list to all parties concerned and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the judge, upon such terms as to amendments of the list, postponement of the inquiry, and payment of costs, as may be ordered.

114. With the petition the petitioner shall leave at the office of the Registrar a notice in writing, signed by him, giving the name of some person entitled to practise as an Attorney-at-Law of the Supreme Court whom he authorises to act as his agent or stating that he acts for himself, as the case may be, and in either case giving an address within Belize City at which notices may be left; and if no such notice in writing be left or address given, then all notices may be given by leaving the same at the office of the Registrar. Every such notice in writing shall be stamped with the duty payable thereon under the law for the time being in force.

115. Any person returned as a member may at any time, after he is returned, send or leave at the office of the Registrar a notice in writing; signed by him or on his behalf appointing a person entitled to practise as an Attorney-at-Law of the Supreme Court to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address within Belize City at which notices addressed to him may be left, and if no such notice in writing be left or address given, all notices and proceedings may be given or served by leaving the same at the office of the Registrar.

116. The Registrar shall cause to be kept at his office a book in which shall be entered all addresses and the names of agents given under either of the two last preceding regulations, which book shall be open to inspection by any person during his office hours.

List of objections in recriminatory case.

Appointment of agent by petitioner.

Appointment of agent by respondent.

Registrar to keep book with addresses and names of agents.

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117. If security as is required by these Regulations is not given by the petitioner, no further proceedings shall be had on the petition, and the respondent may apply to the judge for an order directing the dismissal of the petition and for the payment of the respondent’s costs. The costs of hearing and deciding such application shall be paid as ordered by the judge and in default of such order shall form a part of the general costs of the petition.

118. (1) Notice of the presentation of a petition, accompanied by a copy thereof shall, within ten days of the presentation of the petition-

(a) be served by the petitioner on the respondent; or

(b) be delivered at the office of the Registrar for service on the respondent, and the Registrar or the officer of his department to whom such notice and copy is delivered shall, if required, give a receipt in such form as may be approved by the Chief Justice.

(2) The service under paragraph (1) of notice of the presentation of a petition and a copy thereof by the petitioner on the respondent may be effected either by delivering such notice and copy to the agent appointed under regulation 115 or by posting them in a registered letter to the address given under regulation 115 at such time that, in the ordinary course of post the letter would be delivered within the time above mentioned, or by a notice published in the Gazette stating that such petition has been presented and that a copy of it may be obtained by the respondent on application at the office of the Registrar.

(3) Where notice of the presentation of a petition, accompanied by a copy thereof is delivered under paragraph (1) at the office of the Registrar for service on the respondent, such service may be effected in the same manner as the service of a notice issued by a court of civil jurisdiction.

Security by petitioner for costs etc. of election petition.

Service of Notice of petition and copy of petition on respondent.

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119. The Registrar shall make out the election petition list. In it he shall insert the names of the agents of the petitioners and respondents appointed under regulations 114 and 115 respectively, and the addresses to which notices may be sent, if any. The list may be inspected at the office of the Registrar at any time during office hours, and shall be affixed for that purpose upon a notice board.

120. The time and place of the trial of each election petition shall be fixed by the judge, and not less than fourteen days’ notice thereof of shall be given to the petitioner and respondent by letter directed to the address left by such petitioner or respondent with the Registrar or, if no such address has been left, by notice in the Gazette.

121. The Judge may from time to time, by order made on the application of a party to the petition, postpone the beginning of the trial to such day as he may name; and such order, when made, shall forthwith be published by the Registrar in the Gazette.

122. No formal adjournment of the court for the trial of an election petition shall be necessary but the trial is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded; and in the event of the judge who begins the trial being disabled by illness or otherwise, it may be recommenced and concluded by another Judge.

123. (1) An election petition shall not be withdrawn without the leave of the judge; and such leave may be given upon such terms as to the payment of costs and otherwise as the judge may think fit.

(2) Before leave for the withdrawal of an election petition is granted, there shall be produced affidavits as required by this regulation by all the parties to the petition and their Attorneys-at-Law, and by the election agents of all the said parties who were candidates at the election; but a judge of the Supreme Court may on cause shown dispense with the affidavit of any particular person if it seems to the judge on special grounds to be just so to do.

List of petitions.

Time and place of trial of petition.

Postponement of trial.

Adjournment and continuation of trial.

Withdrawal of election petition.

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(3) Each affidavit shall state that, to the best of the deponent’s knowledge and belief, no unlawful agreement or terms of any kind whatsoever has or have been made, and no unlawful undertaking has been entered into in relation to the withdrawal of the petition; but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement, and shall make the foregoing statement subject to what appears from the affidavit.

(4) The affidavits of the applicant and his Attorney-at-Law shall further state the ground on which the petition is sought to be withdrawn.

124. (1) An application for leave to withdraw a petition shall be in writing signed by the petitioner or petitioners or his or their agent or agents. If shall state the ground on which the application is supported.

(2) The following form shall be sufficient:

Belize City Council Act Election for Belize City Council, petition of (state name of petitioner) presented the day of 20 .

The petitioner applies to withdraw his petition upon the following ground (here state the ground), and prays that a day may be appointed for hearing his application.

Dated this day of 20 . (Signed).

(3) The application for leave to withdraw shall be left at the office of the Registrar.

125. A copy of such application shall be given by the petitioner to the respondent, and a notice in the following terms signed by the petitioner shall be published forthwith in the Gazette by the petitioner at his own expense:

Form of application.

Copy of application to be given to respondent.

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Belize City Council Act

The election petition for the election of the Belize City Council in which is petitioner and respondent.

Notice is hereby given that the above petitioner did on the day of lodge at the office of the Registrar of

the Supreme Court an application for leave to withdraw the petition, of which application the following is a copy:

(set it out) And take notice that under “Belize City Council (Registration of Electors and Elections) Regulations” any person who might have been a petitioner in respect of the said election may within five days after the date of publication of this notice, give notice in writing to the Registrar of the Supreme Court of his intention on the hearing of the application to be substituted as a petitioner.

(Signed).

126. Any person who might have been a petitioner in respect of the election to which the petition relates may, within five days after a notice under regulation 125 is published by the petitioner give notice in writing, signed by him or on his behalf, to the Registrar, of his intention to apply at the hearing to be substituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at the hearing.

127. The time and place of hearing the application shall be fixed by the judge but shall not be less than a week after the application for leave to withdraw has been left at the office of the Registrar as hereinbefore provided, and notice of the time and place appointed for the hearing shall be given to such person or persons, if any, as shall have given notice to the Registrar of an intention to apply to be substituted as petitioners, and otherwise in such manner and such time as the judge directs.

Application to be substituted as petitioner on withdrawal.

Time and place of hearing of application.

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128. (1) On the hearing of the application for withdrawal any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the judge to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition.

(2) The Judge may, if he thinks fit, substitute as a petitioner any such applicant as aforesaid; and may further, if the proposed withdrawal is in the opinion of the Judge induced by any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that to the extent of the sum named in such security the original petitioner shall be liable to pay the costs of the substituted petitioner.

(3) If no such order is made with respect to the security given on behalf of the original petitioner, security to the same amount as would be required in the case of a new petition and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition, and within three days after the order of substitution.

(4) Subject as aforesaid a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original petitioner.

(5) If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.

(6) Where there are more petitioners than one no application to withdraw a petition shall be made except with the consent of all the petitioners.

129. Any election petition shall not be abated by reason only of a dissolution of the Council and accordingly in the event of such dissolution such petition shall be heard or continue to be heard, and determined as though the Council had not been dissolved but was in session.

Substitution of another petitioner.

Non-abatement of election petition by reason only of a dissolution of Council.

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130. (1) An election petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

(2) The abatement of a petition shall not affect the liability of the petitioner or of any other person to the payment of cost previously incurred.

131. (1) Notice of abatement of a petition by the death of the petitioner or surviving petitioner, shall be given by any party or person interested in the same manner as a notice is given of an application to withdraw a petition, and the time within which application may be made to a judge to be substituted as a petitioner shall be one calendar month, or such further time as upon consideration of any special circumstances the judge may allow.

(2) Any person who might have been a petitioner in respect of the election to which the petition relates may apply to the judge to be substituted as a petitioner.

(3) The judge, may, if he thinks fit, substitute as a petitioner any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as required in the case of a new petition.

132. (1) If before the trial of an election petition a respondent dies or resigns, or gives notice in writing to the court that he does not intend to oppose the petition the petition shall not be abated but shall continue whether or not any person applies to be admitted as respondent as hereinafter provided.

(2) Notice of the fact that a respondent had died or resigned or that he has given notice in writing that he does not intend to oppose the petition, shall be published in the Gazette by the Registrar.

(3) Any person who might have been a petitioner in respect of the election to which the petition relates may apply to the judge to be admitted as

Abatement of petition by death.

Application to be substituted as petitioner on abatement.

On death, resignation or notice not to oppose of respondent the petition to continue.

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a respondent to oppose the petition within ten days after such notice has been published in the Gazette or such further time as the judge may allow.

(4) The manner and time of the respondent’s giving notice to the court that he does not intend to oppose the petition, shall be by leaving notice thereof in writing at the office of the Registrar, signed by the respondent not less than six days before the day appointed for trial, exclusive of the day of leaving such notice.

133. A respondent who has given notice of his intention not to oppose a petition shall not be allowed to appear or act as a party against such petition in any proceedings thereon.

134. After receiving the petitioner’s application for leave to withdraw or notice of the respondent’s intention not to oppose or of the abatement of the petition by death, if such notice be received after notice of trial shall have been given, and before the trial has commenced the Register shall forthwith countermand the notice of trial. The countermand shall be given in the same manner, as near as may be, as the notice of trial.

135. All costs of and incidental to the presentation of a petition and to the proceedings consequent thereon shall be defrayed by the parties to the, petition in such manner and in such proportions as the judge may determine, regard being had to the disallowance of any costs which may, in the opinion of the judge, have been caused by vexatious conduct, unfounded allegations or unfounded objections, on the part of either the petitioner or the respondent and regard being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful.

136. (1) Costs shall be taxed by the Registrar upon the order by which the costs are payable in such manner as shall be specified in such order; and costs when taxed may be recovered in the same manner as the costs of an action of law.

Respondent not opposing petition not to appear as party.

Countermanding notice of trial where petition abated etc.

Costs.

Taxation and recovery of costs.

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(2) The Chief Justice may direct that the whole or any part of any monies deposited by way of security under the provisions of these Regulations may be applied in the payment of taxed costs.

(3) The office fees payable for inspection, office copies and other proceedings under these Regulations shall be such as may be prescribed by the Chief justice.

137. Any person who is on the roll of Attorneys-at-Law of the Supreme Court may act as agent for any party to an election petition.

138. An agent shall, immediately upon his appointment as such, leave written notice thereof at the office of the Registrar.

139. Service of notices and proceedings upon such agents shall be sufficient for all purposes.

PART VIII OFFENCES

140. (1) A person who without reasonable excuse fails to obey any request or summons made or issued to him to be present at the inquiry into any application or objection shall be guilty of an offence under these Regulations.

(2) A person who without reasonable excuse neglects, fails or refuses to return the identification card of himself or any other person when directed to do so by any registering officer or the Chief Elections Officer, within the time given therefor in the direction shall be guilty of an offence under these Regulations.

(3) A person who without lawful authority forges, destroys, mutilates, defaces, removes or makes any alteration in-

Attorney-at-Law may act as agent under these Regulations.

Notice of appointment of agent.

Service of notices on agents.

Offences.

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(a) an unused, completed, incomplete or cancelled registration record card or any duplicate of the same, or

(b) a certificate as to registration, or

(c) an identification card, or

(d) any other documents published or prescribed under these Regulations, shall be guilty of an offence under these Regulations.

(4) Any person who is guilty of an offence under this regulation, shall be liable on summary conviction thereof to a fine not exceeding one thousand dollars or to a term of imprisonment not exceeding six months or to both such fine and such imprisonment.

141. A person who-

(a) has not attained the age of eighteen years; or

(b) does not have the requisite residential qualifications for inclusion in the register of electors,

and who wilfully makes any claim to be included in the register of electors shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year.

142. A person who objects under these Regulations to the inclusion of any other person in any list or register relating to electors, prepared under these Regulations upon any ground which he knows or has reasonable cause to believe to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding one year.

False claims to registration.

False objections.

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143. A person who knowingly makes a false statement for the purpose of being registered as an elector shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding two years.

144. (1) A registering officer who wilfully or without reasonable excuse omits to register the name of any person qualified to be registered shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) A registering officer convicted of an offence under paragraph (1) shall, in addition to any penalty prescribed by that paragraph forfeit his right to payment for his services as registering officer and, subject to paragraph (3), shall be incapable during a period of seven years from the date of his conviction-

(a) of being qualified as an elector or of voting in any election; and

(b) of being elected a member of the House of Representatives or of any City Council or any Town Council.

(3) Where an appeal is made against a conviction for an offence under paragraph (1), the incapacity provided for by paragraph (2) in the event of any such conviction, shall continue until the appeal is determined and thereafter if the conviction is not quashed such incapacity shall remain in force for a period of seven years from the determination of the appeal unless the court hearing the appeal directs that the period of seven years shall run from the date of conviction.

False statement for registration.

Offence to omit qualified persons from registering.

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145. (1) Any person who being employed under the provisions of these Regulations in connection with the preparation of any register

(a) knowingly falsely certifies any register to be correct; or

(b) wilfully enters in any register the name of any person not qualified; or

(c) wilfully omits from any register the name of any person entitled to be entered therein, shall be liable on summary conviction to a penalty not exceeding five hundred dollars or to a term of imprisonment not exceeding six months.

(2) Paragraphs (2) and (3) of regulation 144 shall apply mutates mutandis to any person convicted under the provisions of this regulation.

146. (1) Subject to the provisions of paragraph (2) of this regulation, every person who is the holder of any liquor licence granted under the provisions of any Act authorising the sale of intoxicating liquor in any premises maintained solely for that purpose shall take all necessary steps to cause such premises to be closed to the public upon election day between the hour appointed for the opening of the poll and the hour appointed for the closing of the poll.

(2) Every person who is the holder of any hotel licence, special hotel licence, restaurant licence or licence to sell liquor in any premises not solely maintained for that purpose, granted under the provisions of any Act authorising the sale of intoxicating liquor shall take all necessary steps to prevent the sale of intoxicating liquor at any time upon election day between the hour appointed for the opening of the poll and the hour appointed for the closing of the poll.

Offences by persons employed in the preparation of register.

Restriction on sale of intoxicating liquor.

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(3) Any person who contravenes the provisions of this regulation shall be guilty of an offence punishable on summary conviction by a fine not exceeding two hundred and fifty dollars or by imprisonment for a term not exceeding six months.

147. (1) Every employer shall, on polling day allow to every voter in his employ a reasonable time during the prescribed period for voting, and no employer shall make any deduction from the pay or other remuneration of any such voter or impose upon or exact from him any penalty by reason of his absence during such period.

(2) Any employer who, directly or indirectly refuses to grant, or by intimidation, undue influence or in any other way, interferes with the granting of reasonable time to any voter in his employ during the prescribed period of voting as in this regulation provided, shall on summary conviction be liable to a fine not exceeding two thousand dollars or to imprisonment for a period not exceeding one year.

148. Every Election Officer who-

(a) makes, in any record, return or other document which he is required to keep or make under these Regulations, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; or

(b) permits any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons, as the case may be; or

(c) refuses to permit any person whom he knows or has reasonable cause to believe to be a blind person or

Employers to allow employee prescribed period for voting.

Offences by Election Officers.

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an incapacitated person to vote in the manner provided for blind persons or incapacitated persons, as the case may be; or

(d) wilfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote; or

(e) wilfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate in accordance with the provisions of these Regulations; or

(f) wilfully counts any ballot papers as being cast for any candidate, which he knows or has reasonable cause to believe was not validly cast for such candidates,

shall be guilty of an offence against this regulation and on conviction on indictment, shall be liable to be imprisoned for a term not exceeding five years.

149. (1) No person shall furnish or supply any loudspeaker, bunting, ensign, banner, standard, set of colours, or any other flag, to any person with intent that it shall be carried, worn or used, as political propaganda, on polling day, and no person shall with any such intent, carry, wear or use, any such loudspeaker, bunting, ensign, banner, standard or set of colours, or any other flag on polling day.

(2) No person shall furnish or supply any flag, ribbons, label or like favour to or for any person with intent that it be worn or used by any person within any division on polling day, as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate, and no person shall use or wear any flag, ribbon, label, or other favour, as such badge, within any town on polling day.

Loudspeakers, ensigns, banners etc. prohibited on polling day.

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(3) Nothing contained in either paragraph (1) or paragraph (2) of this regulation shall be deemed to extend to the furnishing or supplying of any banner bearing only the name of any candidate or any political party or only such name preceded by the words “Vote for” or similar words or of any rosette or to the use of any such banner on any vehicle or of any such rosette.

(4) No person shall on polling day do any of the following acts within any polling area in which a poll is being taken-

(a) organise, hold or participate in any meeting, or organise, lead or participate in any procession, of five or more persons;

(b) accost, or solicit or canvass his vote from any elector who has already joined the line of voters waiting to vote at any polling station.

(5) Any person who contravenes any of the provisions of this regulation shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding six months.

150. (1) The following persons shall be deemed guilty of bribery within the meaning of these Regulations

(a) every person who, directly or indirectly by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration or for any voter, or to or for any person, on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting, or corruptly does any

Bribery.

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such act as aforesaid on account of that voter having voted or refrained from voting at any election;

(b) every person who directly or indirectly, by himself or by any other person on his behalf, gives or procures or agrees to give or procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of that voter, or to or for any other person, in order to induce that voter to vote to refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election;

(c) every person who directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person in order to induce that person to procure, or to endeavour to procure, the return of any person as an elected member of the Council or the vote of any voter at any election;

(d) every person who, upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to persuade the return of any person as an elected member of the Council or the vote of any voter at any election;

(e) every person who advances or pays, or causes to be paid, any money to or for the use of any other person, with the intent that that money, or any part thereof, shall be expended in bribery at any election, or who knowingly pays, or causes to be paid any money to any person, in discharge or payment of any money

Belize City CouncilCAP. 85]

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wholly or in part expended in bribery at any election;

(f) every voter, who before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for, any money, gift, loan or valuable consideration, office, place of employment, for himself or for any other person, or for voting or agreeing to vote, for refraining or agreeing to refrain from voting at any election;

(g) every person who, after any election directly or indirectly, by himself or any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election.

(2) No person shall be guilty of bribery under paragraph (1) of this regulation who gives to any other person any article not exceeding four dollars in value.

151. The following persons shall be deemed guilty of treating within the meaning of these Regulations-

(a) every person who corruptly, by himself or by any other persons, either before, during or after any election, directly or indirectly gives or provides, pays, wholly or in part, the expenses of giving or providing any food, drink, entertainment, or provisions to or for any person, for the purpose of corruptly influencing that person, or any other person, to vote or refrain from voting at that election, or on account of that person or any other person having voted or refrained from voting at the election;

Treating.

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89

(b) every voter who corruptly accepts or takes the food, drink, entertainment or provision aforesaid.

152. Every person who, directly or indirectly-

(a) makes use, or threatens to make use, of any force, violence or restraint, or inflicts or threatens to inflict any temporal or spiritual injury, damage, harm, or loss upon or against any person, in order to induce or compel that person to vote or refrain from voting or on account of that person having voted or refrained from voting, at any election; or

(b) by abduction, duress, or any fraudulent contrivance impedes or prevents the free exercise of the franchise of any voter, or thereby compels, induces or prevails upon any voter either to give or refrain from giving his vote at any election,

shall be guilty of undue influence within the meanings of these Regulations.

153. Every person who at any election applies for a ballot paper or tenders a vote, in the name of another person whether the name is the name of a person living or dead, or of a fictitious person or having voted at an election, applies for a ballot paper or tenders a vote at the same election in his own name, to which he is not entitled or which he is not entitled to tender by any law in force or by these Regulations, shall be guilty of personation.

154. (1) Every person, who is guilty of bribery, treating or undue influence shall be guilty of a corrupt practice, and shall be liable on summary conviction thereof, to imprisonment for any term not exceeding one year, or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.

Undue influence.

Personation.

Penalty for bribery, etc.

Belize City CouncilCAP. 85]

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(2) Every person who is guilty of personation or of aiding, abetting, counselling, or procuring the commission of the offence of personation, shall be guilty of a corrupt practice, and shall be liable, on summary conviction thereof, to imprisonment, for any term not exceeding two years.

155. Every person who-

(a) votes, or induces, or procures any person to vote, at any election, knowing that he or that other person is prohibited by these Regulations, or by any law in force, from voting at that election; or

(b) before, or during an election knowingly publishes a false statement of the withdrawal of a candidate at the election for the purpose of promoting or procuring the election of another candidate; or

(c) before or during any election, for the purpose of affecting the return of any candidate at such election makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate; or

(d) between the date of notification of a day to the date for nomination for the purposes of an election and the day after polling at such election, whether in a general election or in a by-election acts in a disorderly manner with intent to prevent the transaction of the business of a public meeting called for the purpose of promoting the election of a candidate as a member to serve on the Council,

shall be guilty of an illegal practice, and shall be liable on summary conviction thereof to a fine not exceeding one thousand dollars and, in default to

Penalty for certain illegal practices at election.

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



91

imprisonment for any term not exceeding twelve months.

156. (1) Every person who-

(a) forges or counterfeits or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the presiding officer any nomination paper, knowing the same to be forged; or

(b) forges or counterfeits, or fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or

(c) without due authority supplies a ballot paper to any person; or

(d) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(e) fraudulently takes out of a polling station any ballot paper; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purpose of any election;

shall be guilty of a misdemeanour, and shall be liable if he is a presiding officer or clerk employed at the polling station, to a fine not exceeding two thousand dollars, or to imprisonment for any term not exceeding two years, and, if he is any other person, to a fine or summary conviction, not exceeding one thousand dollars, or to imprisonment for any term not exceeding three years.

Offences in respect of ballot papers.

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(2) In any indictment or other prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes and instruments may be stated to be in the returning officer at such election.

157. (1) Every officer, clerk, and agent in attendance at a polling station shall maintain and aid in maintaining the secrecy of the voting in that station, and shall not communicate to any person, except for some purpose authorised by these Regulations before the poll is closed, any information as to the name or number on the register of electors of any voter who has or has not applied for a ballot paper or voted at that station, and no person whatsoever shall interfere or attempt to obtain in the polling station any information as to the candidate for whom any voter there is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter there.

(2) Every clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not attempt to ascertain at the counting the number on the back of any ballot paper or communicate any information obtained at the counting as to the candidate for whom any vote is given in any particular ballot paper.

(3) No person shall directly or indirectly induce any voter to display his ballot paper after he has marked it, so as to make known to any person the name of the candidate for or against whom he has so marked his vote.

(4) Any person acting in contravention of the provisions of this regulation shall be liable, on summary conviction to a fine not exceeding one thousand dollars and in default of payment, to imprisonment for a term not exceeding one year.

158. (1) Subject to the provisions of paragraph (2) of this regulation, during the hours when the poll is open upon election day no persons shall assemble or congregate within one hundred yards of any building in which is situate any polling station.

Maintenance of order at Polling Station.

Infringement of secrecy.

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93

(2) This regulation shall not apply

(a) to any voters who are waiting to poll their votes at such polling stations and who obey any instructions which may be given by the presiding officer or any constable for the purpose of forming a queue with other electors also so waiting; or

(b) to any person who may under the provisions of these Regulations lawfully enter or remain in such polling station.

(3) Every person who contravenes or fails to comply with any of the provisions of this regulation shall be guilty of an offence against this regulation and shall be liable on summary conviction thereof to a fine not exceeding five hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

159. Every person who is convicted of bribery, treating, undue influence, or personation, or of aiding counselling or procuring the commission of the offence of personation under these Regulations or regulations made under the Town Councils Act or under the Representation of the People Act shall (in addition to any other punishment) be incapable during a period of seven years from the date of conviction-

(a) of being registered as an elector or voting at any election of a member of the House of Representatives or of any City Council or Town Council;

(b) of being a member of the National Assembly or of any City Council or Town Council or, if elected or appointed before his conviction, of retaining his seat as such member:

Disqualification for bribery, etc. CAP. 86. CAP. 9.

Belize City CouncilCAP. 85]

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Provided that in the event of any appeal the incapacity shall continue until the appeal is determined and thereafter, unless the conviction is quashed, remain in force for a period of seven years from the date of conviction.

160. Every person who is convicted of any illegal practice shall, in addition to any other punishment, be incapable during a period of six years from date of conviction

(a) of being registered as an elector or voting at any election of member of the House of Representatives or of any City Council or Town Council;

(b) of being a member of the National Assembly or of any City Council or Town Council or if elected or appointed before his conviction, of retaining his seat as such member:

Provided that in the event of any appeal the incapacity shall continue until the appeal is determined and thereafter, unless the conviction is quashed, remain in force for a period of six years from the date of conviction.

161. Any attempt to commit any offence created by these Regulations shall be punishable in the same manner as the offence itself.

162. Any person who aids or abets the commission of any offence created by these Regulations shall, where there is no provision for the punishment of such aiding or abetting, be guilty of that offence and shall be punishable in the same manner as the offence itself.

Disqualifying effect of conviction for illegal practice.

Attempts; how punishable.

Aiding and abetting.

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Belize City CouncilCAP. 85]

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(Reg. 6)

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS

FORM No. 2

Notice Requiring Alien Persons Qualified to make Application to Register

Every alien person qualified to be registered as an elector for the election of members to the Belize City Council is hereby required to make his application in writing for that purpose on or before the 30th day of June.

Application may be delivered at the office of the Registering Officer between the hours of .....................................................

Dated this day of 20 . Registering Officer ............................... Division

____________

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97

(Reg. 7)

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS

FORM No. 3

Application for Registration as an Elector

To the Registering Officer for the Division I, ................................................. of ...........................................................

(Address) whose occupation is do hereby apply to be registered as an elector for the election of members to the Belize City Council and so declare that the particulars entered on the reverse of this Form are to the best of my knowledge and belief true and correct in all respects.

I declare that I am not already registered as an elector nor have I applied for registration as an elector in this or any other division.

.................................................................. Signature of Applicant

Date: ........................................................

(the particulars on the reverse of this form must be filled out by or on behalf of the applicant)

(Reg. 7)

Back of Form No. 3

1. Applicant’s name in full Surname and style of title (Mr., Mrs., or Miss) ..................................

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Other Names ..................................................................................

2. (a) Applicant’s Address Number or Name .............................. on the date of application Street, Road etc . ..............

City ...................................

(b) Period of residence in Belize City .......................................

3. (a) Was applicant aged 18 or over on the date of application

Yes or No ..................................................

(b) Applicant’s date and place of birth .....................................

(c) Applicant’s height ................................................................

(d) Colour of Eyes ..................................................................

(e) Colour of Skin ...................................................................

4. Occupation of Applicant ................................................................

____________

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99

(Reg. 8)

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS

Form No. 4

Notice of Disallowance of Registration

Belize City Council

Take notice that the registration of ................................................................ of ..................................................................................................as an elector for the above Council has this day been disallowed by me on the grounds that .......................................................................................................... ....................................................................................................................

Dated this day of 20 .

To: ................................................................ (Name)

...................................................................... (Address)

Signature: ...................................................... Registering Officer

...................................... ... Division

_____________

Belize City CouncilCAP. 85]

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THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



101

Back of Form No. 5

Whether included on list of cancellations ......................................................... Reason for cancellation ............................................................................... Cancellation Date ............................................................................................. Remarks: Change of Address

...............................................................................

...............................................................................

...............................................................................

...............................................................................

...............................................................................

...............................................................................

...............................................................................

............................................................................... Signature of Registering Officer

____________

Belize City CouncilCAP. 85]

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(Reg. 9 (b)) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS

FORM No. *6

IDENTIFICATION CARD

Space for BELIZE Photograph Coat of Arms

Signature of Elector ..................................

____________

Back of Form No. 6

Date issued ........................... Registration No. .......................................... Name: ....................................................................................................... Date and Place of Birth ............................................................................. Sex ................. Height ................... Ft. ...................... Ins. ...................... Colour of Eyes................................ Colour of Skin ................................. Distinguishing Marks .................................................................................

................................................................. Signature of Registering Officer

..................................................... Division

____________

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103

(Reg. 9(c)) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS FORM No. 7

Certificate as to Registration (to be completed in triplicate)

.................................... Division ................................... Registration Number This is to certify that the registration of ...................................................... ....................................... of ...................................................... as an alien

(Name) (Address) elector has been allowed by me and that all entries required to be made by me upon the identification card of the said ................... of ................... have been made.

Dated this day of 20 .

....................................................... Registering Officer

To the above Registrant

You are required to have your photograph taken by the official photographer stationed at .......................................... or by any other official photographer.

Take notice that your photograph must be taken in order that your registration may be completed.

Date photograph taken ................................................................................. ....................................................... Signature of Official Photographer ....................................................... Signature or impression of Registrant

____________

Belize City CouncilCAP. 85]

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(Reg. 9(d))

BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND ELECTIONS) REGULATIONS

FORM No. 8

NAME INDEX CARD

Serial No. of Registration Card ..................................................................

Name of alien elector .................................................................................

Date of Birth ................................... Address .......................................... Sex ................................................ Occupation ..................................... Remarks ........................................

...................................................... Registering Officer

............................................ Division

____________

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105

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Belize City CouncilCAP. 85]

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(Reg. 21) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS

FORM No. 10 A

Objection to a Person Being on the Register

To the Registering Officer of the ................................................... Division

Alien Electoral Register for the election of members of the Belize City Council I, .............................................................................. a person whose name

(Name of Objector) appears in the register of electors of the Council hereby give you notice that I object to the name of ........................................................... being included/ retained in the said list/register on the grounds that ...................................... ..................................................................................................................

(State ground of objection)

Dated the day of 20 .

...................................................... Signature of Objector

Address of Objector

____________

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107

(Reg. 21) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS

FORM No. 10 B

Alien Electoral Register for the election of members of the Belize City Council

Notice to Person Objected to

To ......................................................... of ..................................................... (Name of Person Objected to) (Address)

I, ....................................................... of .................................................. (Name of Objector) (Address)

whose name appears in the register of electors for the Belize City Council hereby give notice that I object to your name being included/retained in the said list/register on the ground that ...................................................................... ……………………………………………………....................................

(State ground of objection)

Dated the day of 20 .

...........………………………………...…. Signature of Objector

____________

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(Reg. 38 (2)) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS

FORM No. 11

Application for Replacement of Identification Card (to be accompanied by the prescribed fee)

To the Registering Officer of ..……………………………………. Division, at ..................................................................................................…………

(Address of Registration Office)

I, ....................……………… of ………………………………………… (Name) (Address)

of the registration area of ..................................................………………….. hereby inform you that my identification card has been lost/stolen/destroyed/ mutilated/defaced* and I do hereby apply for a replacement identification card.

Dated this day of 20 . ..........…………………………… Signature of Applicant

*Delete if inapplicable

____________

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109

(Reg. 46) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS

FORM No. 12

Form of Nomination Paper

We, the undersigned being registered electors for the Belize City Council do hereby nominate the following person as a proper person to serve as an elected member for the Council.

Surname Other Names Abode Profession or occupation

SMITH Henry John Queen Street Merchant

I assent to the above Nomination.

(Signed by the person assenting the Nomination).

(Registered elector)

(Registered elector)

____________

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FORM NO. 13 BALLOT PAPER

ELECTION OF ONE MAYOR AND

TEN OTHER COUNCILLORS

Directions to Voters: N.B. (1) Mark a cross on the right-hand side of the ballot paper opposite the name of

each candidate for whom you wish to vote. (2) Do not vote for more than one (1) Mayor and ten (10) other Councillors. (3) When you have marked your vote fold up your ballot paper so as to conceal

your vote, but so as to show the official mark on the back, show the presiding officer the official mark, then put your ballot paper in the ballot box and leave the room.

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15 of 1999. (Reg. 64)

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111

(Reg. 69 A) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS

FORM No. 14

Proxy Paper

Polling Station .............................................................................................

(Name of Proxy) ....................................................................……….… of

(Address) .......................................................................................……….

is hereby appointed as proxy for (name of elector) ................................... who is registered as an elector for the Belize City Council to vote for him/her at the above-named polling station.

Returning Officer

Address ...................................................................

.................................................................

Date .......................................

____________

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(Reg. 69:01) BELIZE CITY COUNCIL (REGISTRATION OF ELECTORS AND

ELECTIONS) REGULATIONS FORM No. 15

Application for appointment of Proxy

I, ................................................................................................................ (Full christian names and surname)

of ………………………..........…… am registered as an elector for the Belize City Council and I am assigned for duty as .......................…………..

(nature of employment) at ………………....................……. and will be absent from my polling area

(polling station) on election day.

I therefore apply for the person named below to be appointed as proxy to vote for me.

Person to be appointed Proxy

The elector must fill this up. Full names ................................................................................................. Address ..................................................................................................... Relationship, if any, to elector .....................................................................

Signature …………………………… Date . ...............................................

Signed before me this day of 20 .

………....................................................... Justice of the Peace

Commissioner of Police Commandant, Belize Defence Force

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CHAPTER 85

BELIZE CITY COUNCIL (MARKING OF VOTERS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Marking of voters.

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CHAPTER 85

BELIZE CITY COUNCIL (MARKING OF VOTERS) REGULATIONS

[19th April, 1969.]

1. These Regulations may be cited as the

BELIZE CITY COUNCIL (MARKING OF VOTERS) REGULATIONS.

2. (1) A voter shall be marked by the dipping of the forefinger of his right hand up to at least the first joint in indelible ink.

(2) If a voter has no forefinger on his right hand or if for any other reason it is, in the opinion of the presiding officer, not practical to mark such forefinger such other finger as the presiding officer shall direct shall be marked in the manner prescribed in sub-regulation (1) of this regulation or, if in the opinion of the presiding officer it is not practical to mark any finger of a voter, such voter shall be marked with indelible ink in such way as the presiding officer may deem fit.

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14 of 1969.

Short title.

Marking of voters.

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CHAPTER 85

BELIZE CITY COUNCIL (STANDING RULES AND ORDERS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Language.

3. Mayor or Deputy Mayor.

4. Hours of Sitting.

5. Adjournment of the Council.

6. Urgent matters.

7. Order of business.

8. Notice of questions.

9. Quorum.

10. Original motion.

11. Motion to be seconded.

12. Amendment.

13. Admentment seconded.

14. Reasons for motion stated.

15. Reply.

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16. Speaking on motions.

17. Lost motions - when to be brought back.

18. Precedence of speaking.

19. When members may address Council..

20. Scope of speech.

21. Questions.

22. Division.

23. Point of order.

24. Manner of addressing Council.

25. Personal reflections, etc., forbidden.

26. Mayor may decide motion, etc., out of order.

27. Documents, etc.

28. Sanctity of City Council documents, etc.

29. Common seal.

30. Attestation to City Council documents.

31. Officers and employees.

32. Suspension of officers.

33. Complaints.

34. Duties of City Administrator.

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CHAPTER 85

BELIZE CITY COUNCIL (STANDING RULES AND ORDERS) REGULATIONS

[6th December, 1969.]

1. These Regulations may be cited as the

BELIZE CITY COUNCIL (STANDING RULES AND ORDERS) REGULATIONS.

2. The proceedings and debates of the Council shall be in the English language.

2A. At the first meeting of the Council after the inaugural meeting following a general election or bye election for members of the Council, or as soon as may be convenient thereafter, every new member of the Council shall take and subscribe to an Oath of Office in the following form:

I, A.B., being duly elected as a member of the Belize City Council do solemnly swear that I shall at all times, to the best of my ability exercise the powers and perform the duties of my office in the best interests of the residents of Belize City in accordance with the Constitution, Laws and Regulations of Belize and of Belize City, So Help Me God.

The Oath of Office shall be administered to each member by the City Administrator* who shall keep and maintain a Register of Oaths for the purpose of swearing in members of the Council. Every member shall subscribe his name to the Oath sworn by him and the same shall be countersigned and dated by the City Administrator. For the purpose of this rule, Oath includes an affirmation. __________________ * Note that wherever the phrase “City Administrator” occurs, it is used in the place of “Town Clerk” which latter phrase was repealed by implication by the Belize City Council Act.

48 of 1969. 34 of 1984. 61 of 1985.

Short title.

Language.

Oath of Office. 34 of 1984.

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3. Where any reference is made in these Standing Orders to the Mayor, such reference shall be deemed to include where the Major is not at any meeting the Deputy Mayor or other member presiding.

4. (1) Every ordinary sitting of the Council shall begin at 7 p.m. and shall end not later than 9 p.m.

(2) If all the business appointed at a sitting is concluded before 9 p.m., the Mayor shall call upon a member to move “That the Council do now adjourn” and such motion shall be immediately decided. If that question has not been agreed by 9 p.m., the member presiding shall at such hour adjourn the Council without question put.

5. Upon the motion for the adjournment being made, any matter for which the Council is responsible may be raised by any member who has obtained the right to raise a matter on the motion for the adjournment of the Council that day. Thereafter if time permits, any other member who has obtained the right may similarly raise another matter subject to the same conditions. Any such debate shall cease at 9 p.m. or with the leave of the member presiding at 9.15 p.m.

6. (1) Any member may at the time appointed under regulation 7 of these Regulations (Order of Business) rise in his place and ask leave to move the adjournment of the Council for the purpose of discussing a matter of urgent public importance.

(2) A member who wishes to ask leave to move the adjournment of the Council shall, before the commencement of the sitting, hand to the City Administrator a written notification of the matter he wishes to discuss. The Mayor shall refuse to allow the claim unless he is satisfied that the matter is definite, urgent and of public importance and may properly be raised on a motion for the adjournment of the Council.

Mayor or Deputy Mayor.

Hours of sitting. 61 of 1985.

Adjournment of the Council.

61 of 1985.

Urgent matters.

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(3) If the Mayor is so satisfied and at least two other members indicate that they support the request, the motion shall be disposed of forthwith. At the conclusion of the motion the business of the Council shall be resumed and shall not be interrupted until the lapse of time after 9 p.m. equal to the duration of the proceedings upon the motion for the adjournment.

7. Unless the member presiding otherwise directs, the business of the Council at every meeting shall be transacted in the following order:

1. Prayer. 2. Confirmation of Minutes. 3. Announcements by the Mayor or by the City Administrator. 4. Notices. 5. Petitions. 6. Questions. 7. Presentation of Reports from Committees. 8. Requests for leave to move the adjournment of the Council on definite

matter of urgent public importance. 9. Motions relating to the business or sittings of the Council. 10. Business on the Agenda in the order in which it is set down:

Provided that any business remaining over from a previous meeting shall be set down in priority to new business for the next meeting.

8. (1) A question shall not be asked without notice, unless it is of an urgent character or relates to the business of the day and unless the member has obtained the leave of the Mayor to ask it.

(2) Notice of a question may be handed by a member to the City Administrator when the Council is sitting, or may be sent to or left in the office of the City Administrator between 8 a.m. and 4 p.m. on any day from Monday to Friday which is not a public holiday. Every such notice must be signed by the member giving it.

61 of 1985.

Order of business.

Notice of questions.

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(3) A member who desires an oral answer to a question shall mark his notice with an asterisk and such a question shall be put down for a day to be named by the member being a day not earlier than four clear days after notice of the question was given. A question not so marked may be put down for the next sitting of the Council and the answer when received shall be circulated with the minutes of proceedings.

(4) Questions shall be put in such a manner as not to involve opinion, argument or inference and facts shall not be stated unless necessary to make the question intelligible. No member shall address the Council upon any question.

9. If at the expiration of fifteen minutes after the time at which any meeting of the Council is appointed to be held a quorum shall not be present, the meeting shall not be held but shall stand adjourned until such day and time as shall be fixed by the Mayor.

10. Any member wishing to move an original motion shall give notice of the same in writing to the City Administrator, but a motion shall not become a subject of discussion until the next ordinary meeting. Such notice, if not given at a meeting of the Council must be delivered to the City Administrator at least ninety-six hours before the meeting at which it is intended to be brought forward. This rule shall not extend to the exclusion of motions for amendments or for the adjournment on a matter of urgent public importance or for adjourning the consideration of any matter before a meeting of the Council or for the adjournment of any meeting of the Council.

11. Before any original motion or amendment thereon shall become a subject of discussion, the same shall be seconded by some other member.

12. Any member may propose an amendment of any motion made and seconded but no discussion shall follow on any such amendment until it shall have been seconded.

Quorum.

Original motion.

Motion to be seconded.

Amendment.

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13. Upon any amendment being seconded, the discussion shall first be on such amendment after which the amendment shall be put to the vote and if lost, the original motion shall be then put. If an amendment of a proposed amendment be moved and seconded, it shall be considered as if such previous amendment were an original motion.

14. Any mover of an original motion or of an amendment shall be at liberty to state his reasons for so doing and each member of the Council shall be at liberty to state his reasons in support of or in opposition to such original motion or amendment.

15. After each member shall have spoken, the mover of such original motion shall be at liberty to reply after which the votes shall be taken and the result entered in the Minutes by the City Administrator. The mover of an amendment shall not have any right of reply.

16. No member, the mover excepted, shall be allowed to speak on any motion or amendment more than once, except by way of explanation if called upon to do so by the Mayor and no member shall, without the consent of the Mayor, speak for longer than ten minutes at any time.

17. When any motion brought before the Council shall have been discussed and lost, it shall not be again brought up for consideration until the expiration of six months thereafter.

18. When two or more members rise to speak at the same time the Mayor shall decide which of them shall be first heard.

19. No member shall address any meeting of the Council save to a distinct and competent motion either already submitted to the meeting as a question for debate or to be submitted by the member speaking.

Amendment seconded.

Reasons for motion stated.

Reply.

Speaking on motions.

Lost motions - when to be brought back.

Precedence of speaking.

When members may address council.

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20. Any member speaking shall direct his speech to the matter under discussion or to a motion or amendment to be proposed by himself or to a question of order.

21. The Mayor shall put all questions and declare the sense of the meeting thereon and he may put the question as often as necessary to enable him to decide the voting. The members shall vote by a show of hands. The decision of the Mayor as to the voting shall be final and conclusive unless it be immediately challenged and a division demanded.

22. Upon a division being so called, the question shall be first put in the affirmative and then in the negative and the voting shall be by show of hands. The names and votes of the Mayor and all the members present shall be recorded in the Minutes by the City Administrator.

23. Any member may at any time call the attention of the Mayor to any member being out of order or to any point of order and the member who is then addressing the meeting shall thereupon resume his seat. When the point of order has been stated the member who raised it shall resume his seat and no member shall rise till the Mayor has decided the question.

24. Members, with the exception of the Mayor, shall at all meetings of the Council, rise in their place and stand while speaking (except when prevented from so doing by bodily infirmity) and shall address the Chair.

25. No member shall make personal reflections on, or impute improper motives to, any other member.

26. Whenever the Mayor shall decide that any motion, amendment, question or other matter is out of order, the same shall be rejected.

27. The City Administrator shall have the custody of all documents, records and the Common Seal of the Council and he shall deliver all or any of them up to the Mayor when directed.

Scope of speech.

Questions.

Division.

Point of order.

Manner of addressing Council.

Personal reflections, etc., forbidden.

Mayor may decide motion, etc., out of order.

Documents, etc.

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28. Without lawful cause or the consent of the Council, no member of the Council shall show or expose to any person other than a member, or remove from the Council offices or willfully deface or destroy any document, record or book belonging to the Council. The Common Seal shall be kept in the offices of the Council and securely locked when not in use.

29. Except where otherwise provided by law, the Common Seal shall not be impressed on any document or paper whatsoever without an express order of the Council:

Provided that any authority given to the Mayor to enter into an agreement or contract on behalf of the Council shall be deemed to carry with it an order to affix the Common Seal to such agreement or contract.

30. Every document to which the Common Seal is hereafter affixed by order of the Council shall be signed by the Mayor and counter signed by the City Administrator and the form of attestation shall be as follows:

“In pursuance of an order of the Belize City Council made on the day of 20 , Common Seal was hereunto affixed

by . Mayor . City Administrator .

31. The Mayor shall, subject to any decision of the Council, have control of all the officers and employees of the Council and forthwith upon the passing of any resolution or the adoption of any minute or report, he shall have authority to give effect thereto unless the Council otherwise determine.

32. The Mayor may at any time suspend from office any officer who in his opinion is guilty of misconduct or neglect and may temporarily appoint another person in his place. The Mayor shall report the matter at the next meeting of the Council.

Sanctity of City Council documents, etc.

Common Seal.

Attestation to City Council documents.

Officers and employees.

Suspension of officers.

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33. All complaints against employees of the Council must be in writing and in every case be signed by the person or persons complaining and no notice whatsoever shall be taken of any complaint not so made. Complaints shall be addressed to the Mayor who, upon the receipt thereof, shall have power to investigate the same and he shall report thereon to the Council at the next meeting.

34. The Chief Executive Officer of the Council shall be called City Administrator, under the direction of the Mayor, who and may so sign all letters, notices and documents. He shall be the senior officer of the staff and shall-

(a) do all such acts as any Act, By-Law or Regulation imposes upon him;

(b) carry out the duties assigned to him by the Council;

(c) see that all books, accounts, lists, rolls, statements and returns are duly kept or prepared as the case may be;

(d) exercise control over all employees of the Council and from time to time advise them as to their duties and the performance thereof;

(e) report to the Mayor any employees guilty of neglect of duty or incapable of performing the duties allotted to him;

(f) keep accurate records of all properties of, or held by the Council;

(g) except as elsewhere specifically provided, have charge of and be responsible for the safe keeping of

Complaints.

Duties of Town Clerk.

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all documents, records and the Common Seal of the Council.

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CHAPTER 85

BELIZE CITY COUNCIL (ACCOUNTING) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Accounting Officer.

3. Accounting Officer answerable to Council.

4-11 Control of Expenditure.

12-24 Receipts.

25-39 Payments.

40-41 Accounts.

42-45 Stores and Property.

46-52 Write Offs.

53. Audit.

54-55 General.

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CHAPTER 85

BELIZE CITY COUNCIL (ACCOUNTING) REGULATIONS (Section 23)

[26th September, 1964.]

Short title

1. These Regulations may be cited as the

BELIZE CITY COUNCIL (ACCOUNTING) REGULATIONS.

Accounting Officer

2. The City Administrator under the supervision of the Mayor, shall be the Accounting Officer of the Council, and as such shall be responsible to the Council for the following-

(a) to prepare the detailed draft estimates of revenue and expenditure and to present them to the Mayor by the 31st August of each year;

(b) to prepare promptly all detailed supplementary estimates as may be required and to present them to the Mayor;

(c) to see that a proper system of accounts is established throughout the Council;

(d) to see that proper arrangements are made for the safe keeping of all Council monies, securities and valuable documents;

39 of 1964. 34 of 1965.

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(e) to ensure that all arrangements for the assessment of revenue and taxes are effected promptly, to report any delay in the procedures for assessment to the Mayor and to the Ministry of Local Government, and to send a copy of any such report to the Ministry of Finance and the Auditor General;

(f) to exercise general supervision over the receipt of Council revenue to ensure its punctual collection, and immediately to institute legal proceedings in default of prompt payment of all revenue dues and taxes;

(g) to bring promptly to account in all relevant books under the proper heads and subheads of accounts, all money whether revenue or other receipts paid into the Council or accounted for to him;

(h) to exercise supervision over all the officers of the Council entrusted with the receipt or expenditure of Council money and to take precautions by the maintenance of efficient checks including surprise inspections against the occurrence of fraud, embezzlement or carelessness;

(i) to render to the Mayor for the information of the Council a return of all arrears of revenue, dues and taxes due and not paid as at 3 1 st December of the previous year by the 3 1 st March. Copies of these returns shall be submitted to the Ministry of Local Government, Ministry of Finance and the Auditor General;

(j) to authorise all payments from the votes or funds of the Council subject to such conditions as may be

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laid down in writing by the Council;

(k) to ensure that no payment is made which is not covered by proper authority expressed or referred to on the voucher relating to it;

(l) to keep the Vote Control Book in such manner as he and the Auditor General shall determine;

(m) to bring to account promptly in all relevant books of the Council all payment of Council funds;

(n) to bring to the notice of the Mayor in writing any case of apparent defect in the provision for a charge owing to the exhaustion or absence of a vote;

(o) to ensure that the work of the Council is carried on within the framework of approved policy without waste;

(p) to report verified cases of carelessness or extravagance in writing to the Mayor and to the Ministry of Local Government with a copy to the Ministry of Finance and the Auditor General;

(q) to render the financial statements and annual accounts of the preceding year to the Auditor General for audit by the 31 st March and submit a copy of them to the Mayor for laying on the table of the Council;

(r) to produce his financial accounting and stores records for audit at any time and to supply such information as the Auditor General may require.

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Accounting Officer answerable to Council

3. The City Administrator, as Accounting Officer, shall be personally answerable to the Council for the proper performance of all the duties set out in regulation 2.

Control of Expenditure

4. The only authority for the expenditure of Councilfunds shall be that which is conveyed by warrants issued by the Minister of Finance or by reallocation warrants approved by the Mayor. The authority for expenditure conveyed by such warrants lapses at the end of the financial year to which they relate and no payments may be made after that date except under the authority of warrants issued for the services of the ensuring financial year.

5. The City Administrator, under the supervision of the Mayor shall be responsible for ensuring that the draft annual estimates are submitted to the Ministry of Local Government, after consideration by the Council, before the end of October.

6. The City Administrator, under the supervision of the Mayor shall be responsible for ensuring that all draft supplementary estimates necessitating additional subvention from Central Government are submitted to the Ministry of Local Government, after consideration by the Council, before the 15th March and 15th September.

7. The classification of subdivisions of the accounts of revenue and expenditure shall accord with the details of the estimates.

8. The date of receipt or payment governs the date of the record of the transaction in the accounts. In no circumstances shall payments be made before they are due for the purpose of utilising anticipated savings from a subhead, nor shall the unexpended portion of any subhead be carried to a deposit or suspense account for the purpose of setting it in reserve to meet impending

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payments. Expenditure properly chargeable to the account of a given year, shall, as far as possible, be met within that year, and shall not be deferred for the purpose of avoiding excess on the amount provided in the estimates.

9. Where as a result of circumstances which could not have been foreseen when the annual estimates were framed additional provision is required on a particular subhead and equivalent savings can be made on another subhead, the City Administrator may apply to the Mayor for reallocation between these subheads. If the Mayor is satisfied that sound reasons exist for the additional expenditure thus involved to be incurred upon the “receiving” subhead he may, subject to the limitations in regulation 10 authorise such reallocation.

10. The limitations on the use of reallocation are as follows-

(a) money may not be reallocated to or from any personal emoluments subhead;

(b) money may not be reallocated to or from any special expenditure subheads;

(c) money may not be reallocated to or from any extraordinary expenditure subheads;

(d) money may not be reallocated to create a new subhead;

(e) money may not be reallocated to create a new post or to alter any salary scale or allowance;

(f) money may not be reallocated to give effect to a new principle or policy, or so to increase provision as to raise doubts whether the intentions of the Council in approving the provision have not been exceeded.

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11. Applications for reallocations shall be submitted to the Mayor in such form as the City Administrator and the Auditor General shall determine. The Mayor shall signify his approval or rejection in the appropriate place on the form. Once a quarter the Mayor shall lay on the table of the Council, for the information of members, a schedule containing all approved reallocations during the preceding three months and shall send copies to the Ministry of Local Government, Ministry of Finance and the Auditor General.

Receipts

12. Receipts and/or licences shall be given in respect of all monies received by or on behalf of the Council and shall be in such form as the City Administrator and the Auditor General may determine.

13. A register showing receipts, issues and stocks of all receipts and licences shall be kept in such form as may be determined by the City Administrator and the Auditor General.

14. All officers or employees of the Council who receive any taxes, licences, fees, rents or other money, whether they form a part of the revenue of the City Council or not, shall pay the whole amount of such money daily to the City Administrator.

15. In all cases, the gross amounts due shall be collected and paid, or accounted for, to the City Council. No abatements or counter claim shall be admitted except in respect of commission to auctioneers, which shall be dealt with by deduction from the amounts realised by sales by auction, the net proceeds only being brought to account. Authority is required for other charges upon revenue of the City Council and such charges shall appear as expenditure supported by proper vouchers.

16. No use whatsoever shall be made of any public monies between the time of receipt and the time of payment to the City Administrator; nor shall any officer advance, lend or exchange any sum for which he is answerable to the

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Council.

17. A value book shall be kept in the form to be determined by the City Administrator and the Auditor General in which shall be entered the amount of all remittances for which a receipt is not given at the time of deposit. (For example monies received by post).

18. All receipts and licences issued shall be clean in all respects and if any error is made while making out a receipt or licence, the receipt or licence shall be cancelled and a new one issued. All cancelled receipts and licences and all copies thereof shall be clearly marked “CANCELLED”, and kept for presentation to the Auditor General.

19. Exhausted or obsolete receipt and licence books shall be retained until the next local audit inspection. When they have been audited, a certificate shall be issued by the Auditor General, specifying the receipt and licence books which are no longer required for audit purposes. The City Administrator shall then arrange for the destruction by burning of the receipt and licence books in question and shall record an appropriate reference in the register of receipts and licences.

20. All receipt and licence books shall be kept under lock and key except when in use.

21. If a collector of revenue at any time experiences difficulty in collecting monies due to the Council he shall at once report in writing the circumstances to the City Administrator.

22. Notices shall be displayed warning the public not to pay monies to officers without obtaining an official receipt and/or licence and pointing out that such receipt or licence is the only discharge accepted.

23. All cheques, money orders, postal orders shall be crossed “Belize City Council” immediately on receipt and deposited in the Bank at the latest by

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noon of the next working day.

24. There shall be written on the back of all cheques received the official receipt and/or licence number or numbers which have been issued in respect of the payment(s) covered by the cheque.

Payments

25. Disbursements from funds of the Council shall be made only by the officers of the Council who are specially deputed for that purpose by the City Administrator and who will be held personally and pecuniarily responsible for inaccuracies in the rendering of accounts and in any payments made.

26. Payments not exceeding fifty dollars may be made in cash. Payments exceeding fifty dollars shall be made by cheque signed by the Accountant, or in his absence such other officer as may be designated by the City Administrator or Mayor, and countersigned by the City Administrator or the Mayor. Payments exceeding two hundred dollars shall be made by cheques which will require the additional counter signature of the Mayor, or a person officially designated by the Minister of Local Government during any period before the constitution of a new Council after the old Council’s term has been terminated.

27. Any officer of the Council allowing or directing any disbursement without proper authority will be held personally responsible for the amount.

28. In the event of any unauthorised payment being made in consequence of a certificate on a voucher, the certifying officer will he held responsible, and the amount will be charged against him as an advance.

29. Separate vouchers shall be used for separate subheads and for the payment of different services, especially in cases where each service has been separately authorised.

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30. All vouchers shall contain full particulars of each service such as dates, numbers, quantities, distances and rates, so as to enable them to be checked without reference to any other document.

31. Before authorising any vouchers for payment, the City Administrator shall satisfy himself that-

(i) the payment will not cause an excess on the amount provided in the Estimates, or by supplementary vote or votes, for the subhead to which it is chargeable;

(ii) the expenditure has been authorised by warrant, as quoted on the vouchers;

(iii) that the services specified have been duly performed, that the prices charged are either according to contracts or approved scales, or are fair and reasonable according to the local rates;

(iv) that the computations and castings have been verified and are arithmetically correct, and that the persons named in the vouchers are those entitled to receive payment;

(v) all proper deductions from salaries on account of repayment of advances or other liabilities have been duly made.

32. The City Administrator may authorise in writing suitable members of his staff to sign vouchers and incur expenditure on his behalf, but this in no way relieves him of his responsibility in regulation 2. The City Administrator shall, therefore arrange the system of internal checks and controls to satisfy these

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responsibilities.

33. Payment shall be made only to the persons named in the vouchers, or to their legal representatives, from whom signed receipts (duly stamped, where necessary) must be taken at the time of payment. Where the recipient is unable to write, he shall make his mark in acknowledgement of receipt, the act being witnessed and the receipt countersigned by some person other than the paying officer. When payments are made to persons other than those named in the vouchers, the authorities under which they are made shall be registered in the Council.

34. When a personal advance in anticipation of salary is allowed it shall be debited as an advance to the recipient and not to the vote for his salary. The City Administrator shall take care that proper arrangements are made for repayments and that no salary is subsequently paid unless such arrangements have been made and complied with.

35. No officer shall make payment on any voucher unless it bears the signature of the City Administrator or other duly authorised officer. The officer making payment shall satisfy himself before making payment that any alteration on the voucher has been approved by the City Administrator or other duly authorised officer.

36. All cash received by the City Administrator shall be deposited in the safe provided for the purpose or paid into the bank. Negligence in this respect will throw the entire responsibility for any loss upon the City Administrator. All money in excess of the amount required to meet the cash disbursements during the day shall be paid into the bank not later than noon of that day.

37. No officer of the Council shall keep or allow to be kept in the place of safe custody provided him any money except money belonging to the Council or such as by virtue of his office he is bound to receive and account for. If private money is found in such a place of safe custody it is liable to be credited to the revenue of the Council. Private money shall in no circumstances be

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included in the Council’s bank account.

38. The Council’s bank account shall not be overdrawn, nor any temporary advance obtained from the bank, without the approval of the Council.

39. Boards of Survey, to be held after the close of business on the last business day of each year, or before the commencement of business on the first day of the new year, shall be appointed by the Minister of Finance to examine the cash and bank balances of the Council. Such Boards shall consist of two Public Officers and one member of the Council, who shall not be the Mayor. Similar Boards will also be appointed by the Minister of Finance from time to time to hold surprise surveys of the cash and bank balances of the Council.

Accounts

40. Every entry in the accounts shall be supported by a voucher containing full particulars of the items to which it relates.

41. The City Administrator shall furnish the following statements for audit by the 31st March of each year:

(a) an annual abstract account of receipts and payments showing under the several heads and subheads the total of the receipts and payments in the year together with the balances at the beginning and the end-of the period. The abstract account includes only sums which have actually been received or paid within the period of the account;

(b) a statement of the assets and the liabilities of the Council at the close of the year;

(c) a statement of advances outstanding at the end of the year;

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(d) a statement of deposits outstanding at the end of the year;

(e) a statement of investments showing the amount of stock held on the last day of the year together with the actual cost and the market value at that date;

(f) a statement of the outstanding amount of funded debt or loans and of any accumulated sinking funds or repayments;

(g) a statement of the expenditure for the year of works and other payments chargeable to loan account;

(h) a statement of arrears of revenue at the end of the year;

(i) a statement of all write-offs authorised during the year by categories, namely cash, stores and other property, general cancellation of claims, and revenue, with a reference to the authority in each case.

Stores and Property

42. A record of all stores and moveable and immoveable property shall be kept by the City Administrator in such form as he and the Auditor General shall determine.

43. Stores shall be kept in a manner which will allow of their easy checking at any time and be securely protected from weather, fire, corrosion and theft.

44. Boards of Survey shall be appointed by the Council immediately after the commencement of a new financial year to check the stores, etc., of the Council against the balances shown in the Ledger. Surprise boards will similarly

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be appointed from time to time.

45. When an officer takes over charge of a store or an office involving custody of Council stores/equipment/furniture he shall, in conjunction with the officer whom he is relieving, satisfy himself that the balances shown in the store ledgers, inventories and other subsidiary records agree with the articles on hand. A certificate that the stores/equipment/furniture have been handed over and taken over, together with a list of any surpluses or deficiencies, shall be signed by both officers and forwarded to the City Administrator. The City Administrator shall report any surpluses or deficiences to the Mayor with a copy to the Auditor General.

Write Offs

46. Any officer in charge of cash stores or property of the Council shall immediately report in writing all losses and deficiences to the City Administrator. The City Administrator shall promptly institute an investigation and shall submit a report to the Mayor in writing with his recommendations.

47. If the loss or deficiency is not made good, the Mayor shall in his discretion either seek the approval of Council to cause the loss or deficiency to be made good by the Officer responsible or seek write off authority.

48. The authority of the Minister of Finance is required for the write off of any loss of Council funds where the amount in any one case exceeds one thousand dollars. When the amount does not exceed one thousand dollars the authority of the Council only is required.

49. In the case of loss and deficiency of stores where the amount exceeds one thousand dollars and is caused by fraud or negligence of an officer, the authority of the Minister of Finance is required. In all other cases the authority of the Council only is required.

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50. Any general cancellation of arrears/claims shall require the recommendation of the Council and the approval of the Minister of Finance.

51. In cases of arrears due by particular individuals where every effort to collect has failed and where the amount in any one case does not exceed one thousand dollars, the authority of the Council shall be required for write off. Where the amount in any one case exceeds one thousand dollars, the recommendation of the Council, and the authority of the Minister of Finance, shall be required for write off.

52. Whenever the City Administrator finds it necessary to dispose of worn out or part worn stores due to fair wear and tear he shall request the Mayor to appoint a Board of Survey to report on the stores. The Board shall make their recommendations to the Mayor who shall direct the City Administrator as to the next action to be taken.

Audit

53. The accounts of the Council shall be audited by the Auditor General who shall certify them subject to any report which he may consider necessary and shall forward them to the Mayor with a copy to the Ministry of Local Government and the Ministry of Finance. The Mayor shall lay on the table the audited accounts together with any report by the Auditor General thereon.

General

54. Any matters not specifically provided for in these Regulations shall be dealt with in accordance with the existing Financial Orders and Stores Orders of Central Government.

55. The City Administrator may discharge his duties under these Regulations through the financial Controller of the Council or some other officer of the Council designated in that behalf.

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CHAPTER 85

BELIZE CITY (INFLAMMABLE LIQUIDS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Interpretation.

3. Issue of licences.

4. Storage sheds.

5. Kerbside and garage pumps.

6. Sale by retail.

7. Bin or pit storage.

8. Bulk installation.

9. Soldering of filled tins.

10. Inspection of premises.

11. Inspection of vessels, bins, etc.

12. Application for licence to possess petroleum.

13. Expiration of licence.

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14. Renewal of licence.

15. Fees for licences.

16. Forms of licences.

17. Revocation of licence.

18. Transport of petroleum.

19. Transport of petroleum in bulk.

20. Supervision by police.

21. Penalty.

________________________

SCHEDULE ________________________

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CHAPTER 85

BELIZE CITY (INFLAMMABLE LIQUIDS) REGULATIONS (Section 61(1) (i))

1. These Regulations maybe cited as the

BELIZE CITY (INFLAMMABLE LIQUIDS) REGULATIONS.

2. (1) In these Regulations, unless the context otherwise requires, the following terms shall have the meaning hereby assigned to them-

“filling shed” means a building used for the sole purpose of washing, cleaning and filling petroleum containers;

“garage” means any building or structure available to the general public and used for the repair, storage or sale of motor vehicles;

“petroleum in bulk” means petroleum in quantities exceeding five hundred gallons contained in any one receptacle;

“premises” means any building together with the land on which the same is situated and any adjoining land used in connection therewith and includes garage;

“protected works” includes buildings in which persons dwell or assemble, docks, wharves, timber yards, public roads and any other place not forming part of an installation which the Minister may by notification declare as protected works, it being understood that the timekeeper’s or administrative office of an installation does not come under the classification of protected works;

“storage shed” means a building used for the storage of dangerous petroleum in excess of forty gallons otherwise than in bulk, or non-dangerous petroleum exceeding five hundred gallons otherwise than in bulk.

Ch. 135 Ch. 66.

Short title.

Interpretation.

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(2) The storage and filling sheds may be under one roof, provided they are separated by a wall of metal sheeting, masonry or concrete. A doorway shall be permitted in the wall giving direct communication between the storage and filling sheds:

Provided such doorway be of such type as to enable it at all times to be closed immediately by a fireproof door.

3. Licences for keeping non-dangerous petroleum exceeding five hundred gallons in quantity or dangerous petroleum exceeding forty gallons in a storage shed may be issued by the City Engineer and shall ordinarily be granted only when the premises intended to be used for the storage of such petroleum fulfill the conditions of regulation 3 and regulation 7 (5) of these Regulations:

Provided that the City Engineer with the approval of the Minister, may, for special reasons to be recorded by him in writing before granting such licence, dispense with any or all of the said conditions.

Such licence to be endorsed accordingly.

4. The following conditions shall apply to the construction, maintenance, and operation of storage sheds and shall be specified in all licences for the storage of petroleum:

(1) Licences may be granted for any quantity of petroleum to be stored in any one building:

Provided that the doorways and other openings of the storage shed shall be built up to a height of two feet above the level of the road or street, or the floor sunk to a depth of two feet below the level of the road or street so that the petroleum cannot flow out from the building in the case of its escape from the receptacle or receptacles in which it is contained; or the building itself shall be surrounded with a masonry wall or embankment, or both, not less than two feet high. When the

Issue of licences.

Storage sheds.

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quantity of petroleum stored exceeds sixteen thousand Imperial gallons, that is two thousand cases, the height or depth shall be three feet. A combination of both these methods is permissible.

A clear space of at least three feet in width must be left between the various storage sheds and a clear space of at least twenty feet between such sheds and protected works and the boundaries separating adjoining plots.

(2) The storage shed shall be constructed entirely of non inflammable material and may have a rammed earth floor.

(3) Adequate ventilation shall be provided.

(4) Every person managing or employed on or in connection with a storage shed shall abstain from any act whatever which tends to cause fire and which is not reasonably necessary, and shall prevent any other person from doing such act.

(5) No smoking shall be permitted in a storage shed or adjacent thereto and suitable notices to this effect shall be conspicuously posted on the premises.

(6) No fire or naked lights shall be permitted in or adjacent to a storage shed.

(7) Electric lights, where used in or adjacent to a storage shed, shall be enclosed in a double glass within a wire cage. The outer glass shall be gastight. All switches and fuses shall be outside the storage shed and shall be enclosed in gastight boxes.

(8) Supplies of sand or dry earth (not less than 15 cwt.) shall be kept available for use in case of fire, also at least one extinguisher of the “foam” type shall be kept on the premises.

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(9) The capacity in gallons shall be conspicuously marked on the storage shed.

(10) No vessel containing petroleum shall be opened and no petroleum shall be drawn from any vessel within the building in which the petroleum is stored.

(11) If the City Engineer requires the holder of the licence, by notice in writing, to execute any repairs to any part of the installation which may, in the opinion of such officer, be necessary for the safety of the premises in respect of which the licence is granted and of adjacent premises, the holder of the licence shall execute the same within such period, not being less than one week from the date of the receipt of the notice, as may be fixed by the notice.

(12) Such conditions as may be required in any particular case, with the approval of the Minister.

5. Notwithstanding anything in these Regulations to the contrary, the City Engineer may grant a licence for the storage of dangerous petroleum in underground tanks, for the purpose of retailing to the public, subject to the following conditions:

(1) All applications shall, where the proposed tank is in Belize City, be approved by the Belize City Council.

(2) Tanks must be substantially constructed, sealed and not liable to leak. Access to their interior must be attainable only through manholes fitted with screwdown metal cover plates. They must be so situated that fuel cannot be drawn from them except by pumping or by water pressure.

(3) Tanks must be placed underground, and must be covered by earth at least two feet thick, or by earth at least twelve inches thick with reinforced concrete thereon at least six inches thick extending at least twelve inches on all sides beyond the tanks. If inside a building they must be covered with reinforced

Kerbside and garage pumps.

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concrete not less than six inches thick and be wholly below the level of the lowest floor of such building.

(4) A vent pipe not exceeding two inches in diameter, carried to the open air at least ten feet from the ground and either at least ten feet from any door, window, chimney or exhaust pipe or above the roof and suitably protected by two noncorrodible wire gauze diaphragms must be fixed to each tank.

(5) All tanks must be electrically earthed or grounded.

(6) The capacity of any individual tank must not exceed three thousand gallons.

(7) All fixed pipes must be of metal and be in positions where they will not be liable to be damaged.

(8) Pipes for filling the tanks must extend inside to within six inches of the bottom of the tank and must be fitted with screwed metal couplings for their connection to the source of supply, and must be electrically earthed or grounded.

(9) Mobile engines must stand in the open when their tanks are being filled.

(10) The pump or pumps shall be placed in the position shown on a plan submitted, the pipe connection between the tank and the pump or pumps shall be place underground, and all joints, valves and cocks of an approved type shall be installed and maintained in a gastight condition.

(11) For the purpose of charging the tanks of motor vehicles, the petroleum shall be pumped through approved measuring vessels, fixed in approved positions, through sound metallic hose, electrically earthed or grounded, fitted with an approved quick-acting leak-proof cock, and with an approved nozzle, into the tanks of motor vehicles.

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(12) If the City Engineer calls upon the holder of a licence by a notice in writing to execute any repairs to the installation which may, in the opinion of such officer, be necessary for safety, the holder of a licence shall execute the repairs within such period as may be fixed by the notice:

Provided that such period shall be not less than one week from receipt of the notice.

(13) All due precautions shall be taken to prevent unauthorised persons having access to any petroleum kept and to the supply tank.

(14) No artificial light other than incandescent electric light may be used near tanks or pumps and every person employed on or in connection with such storage and distribution shall, when near storage or distribution apparatus shall, abstain from any act whatsoever which tends to cause fire or explosion and which is not reasonably necessary, and shall prevent any other person, whilst near such apparatus, from doing any such act.

(15) Buckets filled with dry earth or sand and at least one extinguisher of the “foam” type must be provided near the pumps.

(16) The installation shall be liable to inspection by any officer duly authorised in that behalf by the Chief Engineer.

6. (1) Dangerous petroleum, for sale by retail, shall be kept in metal cans, drums, bottles properly corked, or other airtight receptacles as approved by the Commissioner of Police. No quantity exceeding four gallons shall be delivered at any one time to any single purchaser except in an airtight metal vessel, unless an entire drum, cask or other receptacle as imported be purchased. Smaller quantities may be drawn from a vessel kept for the purpose:

Provided such vessel is fitted with a tap adequate and sufficient for preventing so far as possible the escape of petroleum in the process of transfer from the

Sale by retail.

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original container into bottles or suitable cans, and so delivered. Any can, bottle or receptacle as aforesaid shall be labelled and kept labelled with the word “gasolene” in large letters.

(2) Arrangements shall be made to the satisfaction of the Commissioner of Police for the collection of any petroleum so escaping in a metal receptacle from which it can be transferred to a safe place.

(3) No lighted candle, lamp, match, or any ignited tobacco or other substance shall be allowed to approach or to be near the place where dangerous petroleum is so kept or transferred.

(4) Buckets filled with dry earth or sand and at least one extinguisher of the “foam” type in an efficient working condition must be provided near the place where dangerous petroleum is so kept or transferred.

7. Notwithstanding anything in these Regulations to the contrary, the City Engineer may, subject to any other laws and regulations in force, grant a licence for keeping dangerous petroleum on premises subject to the following conditions:

(1) The possession of dangerous petroleum may be permitted, provided that-

(a) the dangerous petroleum shall be contained in gastight, tinned or galvanised sheet iron, steel or lead plate receptacles fitted with well-made filling holes and wellfitting screw plugs, or fitted with screw caps or other metal airtight caps, subject to the following provisions;

(b) an air space of at least 2 ½ % of the capacity of the receptacle shall be left in each receptacle at the time of filling;

Bin or pit storage.

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(c) all receptacles shall be so substantially constructed and secured as not to be liable, except under circumstances of grave negligence or extraordinary accident, to be broken or become defective, leaky or insecure;

(d) the nature of the contents and the words “highly inflammable” shall be distinctly marked on all receptacles;

(e) such receptacles shall be kept in iron bins at least three sixteenths of an inch thick, or concrete bins or in concrete masonry or brick-lined cement-faced pits;

(f) such bins or pits shall be substantially constructed to the approval of the City Engineer;

(g) such bins or pits shall be provided with a close-fitting iron door or manhole cover and with a ventilation pipe at least one inch in diameter communicating with the open air at least ten feet from the ground and either at least ten feet from any door, window, chimney or exhaust pipe, or above the roof; and every such ventilation pipe shall be fitted with wire gauze diaphragms;

(h) the door opening of such bins or pits shall be at such height that the portion below the opening can contain 5% in excess without flow therefrom of the quantity of petroleum allowed to be stored therein;

(i) not more than five hundred gallons of dangerous petroleum shall be kept in any such bin or pit and not

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more than forty gallons shall be kept on the premises, at any one time outside such bin or pit, except when it is desired to keep dangerous petroleum on the premises in metal drums of capacities of not less than forty gallons and of not more than sixty-five gallons for the purposes of distribution therefrom by means of approved appliances, in which case one such metal drum for each such approved appliance shall be allowed to be kept on the premises outside such bin or pit;

(j) any such bin or pit shall be at least twenty feet from the nearest part of any other such bin or pit on the same or on other premises.

(2) No vessel shall be filled or replenished with dangerous petroleum nor shall the contents of any such vessel be exposed in the presence of fire or artificial light, except such light and fittings of the construction, position and character as described in regulation 4 (7) of these Regulations and not liable to ignite any inflammable vapour arising from such petroleum, nor shall any fire or artificial light capable of igniting inflammable vapour be brought within dangerous proximity to the place where any vessel containing dangerous petroleum is being kept; nor shall any such filling or replenishing be carried out within the premises.

(3) In the case of dangerous petroleum kept or conveyed for any purpose whatsoever-

(a) all due precautions shall be taken for the prevention of accidents by fire or explosion and for the prevention of unauthorised persons having access to any dangerous petroleum kept or conveyed and to the vessels containing or intended to contain, or having actually contained the same;

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(b) every person managing or employed on or in connection with any garage, store, bin, pit or other receptacle where or in which dangerous petroleum is being kept in excess of forty gallons, shall abstain from smoking and from every other act whatsoever which tends to cause fire or explosion, and which is not reasonably necessary and shall prevent any other person from committing such act;

(c) notices forbidding smoking, in letters of at least six inches in height, shall be conspicuously displayed on the premises.

(4) Supplies of not less than 7 cwt. of sand or dry earth, and at least one extinguisher of the “foam” type, shall be kept in every garage available for use in case of fire. Such sand, earth, and extinguisher shall be maintained in a condition suitable for its intended purpose.

(5) The application for a licence under this regulation shall be accompanied by a certificate from the City Council approving the site and construction of the bins or pits in which the petroleum is to be stored in accordance with these Regulations.

(6) Petroleum shall not be allowed to escape into any inlet or drain communicating with a sewer.

(7) Applications for licences under this regulation shall be submitted in accordance with regulation 12 (2) of these Regulations.

8. (1) The City Engineer may, with the approval of the Minister, grant a licence for the storage of petroleum in bulk. The following conditions shall apply to the construction, maintenance and operation of a bulk petroleum installation and shall be specified in all licences for the storage of petroleum in bulk:

Bulk installation.

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The minimum distance of outside above-ground tanks to boundary line of adjoining property shall be-

Capacity of tank in Minimum distance to boundary Imperial Gallons line of adjoining property 0 to 12,000 10 feet 12,001 to 24,000 15 feet 24,001 to 30,000 20 feet 30,001 to 50,000 25 feet Above 50,000 25 feet

Distance between any tank and railway siding upon which it is intended to work locomotives 50 feet

The minimum distances between storage tanks wholly or partially above ground, with the exception of those provided for in paragraph (3) (b) (ii) and (iii) of this regulation, shall be not less than one-and-a-half times the diameter of the smaller tank or, in the case of tanks of equal size, one-and-a-half times the diameter of either. If a tank be not cylindrical the greatest horizontal dimension of the tank shall be taken to represent the diameter.

(2) Tanks shall be made of mild steel, or other approved material with all metal parts completely bonded together and shall be designed and constructed according to British standards or other standards approved by the City Engineer.

(3) Storage tanks may be arranged entirely below, partially above, or completely above the surface of the ground:

(a) Tanks entirely below the surface of the ground must be covered to a minimum depth of twelve inches, with the exception of manhole covers. Where, in the event of a serious leakage, there is a possibility of water

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supplies, courses, or drainage systems adjacent to the depot being contaminated, the tank must be completely surrounded by puddled clay not less than twelve inches in thickness, or by fine concrete of a thickness to be approved by the City Engineer.

(b) Tanks partially above the surface of the ground may be set in one of the following methods:

(i) Left exposed in a pit excavated in the ground, the sides of the pit to be carried out to easy slopes. The pit shall be capable of holding a volume of petroleum not less than 10 % in excess of the capacity of the tanks. Bunding may be resorted to, to reduce the tank yard area, such bunding being provided with clay or other impermeable core.

(ii) Sunk not less than five feet and mounded over with soil to a minimum depth of twelve inches, with the exception of the manhole covers. This method of construction to apply only to tanks not exceeding nine feet in diameter, or alternatively, in height.

(iii) Sunk less than five feet and mounded as in method No. (ii). Soil to be supported by retaining walls constructed in brick, concrete, or as otherwise approved.

Where, in the event of a serious leakage, there is a possibility of water supplies, courses or drainage systems

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adjacent to the depot being contaminated-

Under method (1) the floor and sides of the pit must be formed of concrete or as otherwise approved by the City Engineer.

Under methods (ii) and (iii), the tank must be completely surrounded by puddled clay not less than twelve inches in thickness, or by fine concrete of a thickness to be approved by the City Engineer.

(iv) The method provided under (c) below for tanks completely above the surface of the ground may be applied as a further alternative method for use with tanks partially above the surface of the ground.

(i) Tanks completely above the surface of the ground must be supported on approved brick, stone or concrete piers or other approved methods, and surrounded by brick, stone or concrete walls or earth-bund forming pits or wells capable of holding a volume of petroleum not less than 10 % in excess of the capacity of the tanks. Where, in the event of a serious leakage, there is a possibility of water supplies, courses, or drainage systems adjacent to the depot being contaminated, the floor of the pit or well must be formed of concrete or as otherwise approved by the City Engineer.

(ii) An air space of not less than 2.5 % of their

(c)

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capacity (including the manhole) must be provided in the tanks to allow for expansion.

(iii) The City Engineer may require the provision of a fireproof roof over uncovered tanks where special conditions exist, such as danger from sparks.

(iv) Storage tanks must be adequately protected from rust and, where exposed, must be painted white or some other light colour.

(v) Pits or wells must not be connected with any drain, either permanently or temporarily.

(4) The space over buried tanks must not be used for any purpose other than the temporary storage of empty metallic packages, except in the case of tanks protected by concrete covering, where, with the special approval of the City Engineer, use of this space may be made for filling vehicles, but no roof or building shall be provided over buried tanks. The City Engineer, in case where the position of buried tanks is not obvious, may require a fence to be provided round the area.

(5) Ventilating pipes must be fixed to each tank and the openings of these pipes must be adequately screened by not less than two wire gauze diaphragms or screens of non-corrodible wire mesh of not less than 30 x 30 to the inch.

(6) All manholes and other openings, except vent pipes, must be air-tight when closed.

(7) All pumping mains and pipes must be furnished with means of stopping a flow of petroleum from the tanks in the event of any injury to the pipe lines.

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(8) All enclosures surrounding tanks, when the latter are mounted on concrete foundations and when the entire bed within the enclosure is of concrete, shall be drained by a pipe fitted with a valve actuated from the outside of the enclosure. Such valve shall always be kept closed except when actually in use. No water shall be allowed to accumulate in the enclosure.

(9) All ventilating openings on tanks shall be protected by double diaphragms of strong, non-corrodible wire gauze having a mesh of not less than 30 x 30 to the inch, the diaphragms to be spaced not less than three inches apart; if not provided with such ventilating openings, each tank shall be fitted with a safety-valve of a type approved by the City Engineer.

(10) The roofs of all tanks shall be gas-tight, except for the ventilating openings as provided in conditions (5) and (9).

(11) All leaks in tanks shall be promptly repaired.

(12) No fire or naked lights shall be permitted within the installation except in such buildings as are set apart for offices, soldering shed, laboratory, living quarters, engine room, boiler house or smithy.

(13) The capacity of a tank in gallons shall be conspicuously marked thereon.

(14) Such other conditions as may be required in any particular case:

Provided that the City Engineer, with the approval of the Minister, in the case of bulk petroleum installations constructed and existing on or before the date of publication of these Regulations, may, for special reasons to be recorded by him in writing before granting such a licence, dispense with any or all of the above conditions. Such licence shall be endorsed accordingly.

9. The soldering of filled tins- shall not be carried out in the filling shed but shall be done in a separate building not less than fifty feet distant therefrom.

Soldering of filled tins.

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The soldering irons, unless electrically heated, shall be heated in a separate compartment from that in which the soldering takes place; fires used for heating solder bolts to be at least three feet above ground level. The opening between these two compartments through which the soldering irons are passed shall be at a height of not less than three feet from the ground and shall be provided with an iron shutter which can be lowered at once.

10. The City Engineer or any officer deputed by him for the purpose or any police officer of or above the rank of inspector may enter any premises in respect of which a licence for the possession of petroleum has been granted for the purpose of inspecting the same at any time between sunrise and sunset.

11. The City Engineer or any officer deputed by him for the purpose or any police officer as aforesaid may, on such entry, require any licensee to show him any of the vessels, bins or tanks in which any of the petroleum in his possession is stored or contained, to give him such assistance as he may require for examining the same, and to deliver to him a sample from any vessel which he indicates for this purpose.

12. (1) Every application for a licence to possess petroleum shall be in writing and shall be accompanied by a plan drawn to scale, showing the site of the installation and the design of the storage shed or tank, in all respects in sufficient detail to enable the project to be fully understood. The application shall be submitted to the licensing officer.

(2) Applications for licences for the possession of petroleum shall specify-

(a) the description and quantity of petroleum which the applicant desires to keep, and the manner in which it is proposed to store it;

(b) the name and position of the premises in which it is proposed to keep the petroleum, and whether the

Inspection of premises.

Inspection of vessels, bins, etc.

Application for licence to possess petroleum.

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said premises fulfil the conditions required by regulations 4 and 8 of these Regulations, in so far as they are applicable to the installation;

(c) the total amount of petroleum proposed to be kept in each building which it is proposed to erect.

13. Every licence for the possession of petroleum shall expire on the 31st December of the year for which it is issued, except in the case of a licence for the possession of petroleum in bulk which may, with the approval of the Minister, be issued for a period not exceeding ten years.

14. Every application for the renewal of a licence for the possession of petroleum shall be made in the same manner as an application for an original licence, except that a plan need not be submitted, and shall be made not less than fifteen days before the day on which the original licence expires.

15. The following fees shall be charged per annum or for any lesser period for licences for the possession of petroleum, namely:

Non-dangerous Petroleum

(1) When the quantity to be stored exceeds five hundred, but does not exceed five thousand gallons ..................................................... $5.00

(2) When the quantity to be stored exceeds five thousand gallons, for each thousand gallons (to a maximum of $25.00)......................... $2.00

Expiration of licence.

Renewal of licence.

Fees for licences.

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Dangerous Petroleum

(3) When the quantity to be stored exceeds forty gallons, but does not exceed five thousand gallons ....................................................... $10.00

(4) When the quantity to be stored exceeds five thousand gallons, the same fees as those laid down for non-dangerous petroleum in sub- paragraph (2).

16. Licences granted under these Regulations shall be in the forms prescribed in the Schedule hereto.

17. Every licence granted under these Regulations may be revoked at any time by the Minister or by the officer who granted it, or his successor, on its being established to the satisfaction of the Minister or of such officer that the licensee or any person in his employ has infringed any of its conditions or any provisions of these Regulations or of the Act.

18. Petroleum shall be transported only if it is packed in air-tight tins or other vessels not easily broken, or is contained in bottles securely corked and carefully packed so as to avoid risk of breakage.

19. (1) Petroleum in bulk may be transported by steamer, barge or other ship certified to be fit for the service by the Harbour Master.

(2) No petroleum in bulk shall be conveyed by road vehicle to or from any store except in substantial and securely closed vessels of a suitable type and no goods of an explosive or inflammable character shall be carried in the vehicle at the same time that dangerous petroleum is being so conveyed, and unless such vehicle is certified by the City Engineer as being fit for such transport:

Forms of licences.

Revocation of licence.

Transport of petroleum.

Transport of petroleum in bulk.

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161

Provided that no petroleum in bulk shall be transported by road except in accordance with a licence issued by the City Engineer:

Provided further that motor tank lorries used exclusively for the transport of petroleum may lawfully transport petroleum if licensed by the City Engineer under this proviso. Such licence shall expire on the 31st day of December of the year in which it is issued. A charge of five dollars shall be made for a licence under this regulation, which sum shall be additional to any licence fee payable under any other law for the time being in force.

20. It shall be the duty of all police officers to see that the petroleum which is being transported is conveyed in the manner prescribed by these Regulations, and in general to see that the foregoing regulations are properly enforced, and any such officer may stop and inspect any petroleum in transit and if necessary require the person in charge of the same to comply with these Regulations.

21. Any person who is guilty of an offence against any of the foregoing regulations shall on summary conviction be liable to a penalty not exceeding two hundred and fifty dollars.

____________

Supervision by police.

Penalty.

Belize City CouncilCAP. 85]

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SCHEDULE

FORM A

LICENCE to Possess Dangerous Petroleum to be granted under the Belize City Council Act.

No ................... Fee ....................

Licence is hereby granted to ........................................................... for the storage in the premises described below, of ................................... gallons of dangerous petroleum, subject to the conditions prescribed by the Belize City (Inflammable Liquids) Regulations.

This licence shall expire on the 31st day of December next following the date of issue hereof, and may be renewed on application being made for this purpose not less than fifteen days previous to the date of expiry.

Description of premises above referred to-

......................................... City Engineer

............................ Date of issue

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

____________

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163

FORM B

LICENCE to Possess Petroleum other than Dangerous Petroleum to be granted under the Belize City Council Act.

No ............... Fee ...............

Licence is hereby granted to .............................................................. for the storage in the premises described below, of ................................... gallons of petroleum other than dangerous petroleum, subject to the conditions prescribed by the Belize City (Inflammable Liquids) Regulations.

This licence shall expire on the 31st day of December next following the date of issue hereof, and may be renewed on application being made for this purpose not less than fifteen days previous to the date of expiry.

Description of premises above referred to-

………………………….. City Engineer

.....………………........... Date of issue

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

____________

Belize City CouncilCAP. 85]

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FORM C

LICENCE to Possess Dangerous Petroleum in Underground Storage Tanks granted under the Belize City Council Act.

No. …………… Fee $5.00

Licence is hereby granted to …………………………………………. for the storage in an underground tank on the premises described below and shown on the plan annexed hereto, of ............................ gallons of dangerous petroleum, subject to the conditions of Belize City (Inflammable Liquids) Regulations.

This licence shall expire on the 31st day of December next following the date of issue hereof, and may be renewed on application being made for this purpose not less than fifteen days previous to the date of expiry.

Description of premises above referred to-

………………………….. City Engineer

…………....................... Date of issue

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

____________

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165

FORM D

LICENCE to Possess Dangerous Petroleum in Bins or Pits to be granted under the Belize City Council Act.

No …………….. Fee ....................

Licence is hereby granted to …………………………...……. for the storage in* ................................. on the premises described below, of ...................... gallons of dangerous petroleum, subject to the conditions of the Belize City (Inflammable Liquids) Regulations, and any amendments thereto now or hereafter in force.

This licence shall expire on the 31st day of December next following the date of issue hereof, and may be renewed on application being made for this purpose not less than fifteen days previous to the date of expiry.

Description of premises above referred to-

.............………………….. City Engineer

....…………..…............... Date of issue

*Here state whether bins or pits and state how many of each.

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

_____________

Belize City CouncilCAP. 85]

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FORM E

LICENCE to Possess Petroleum in Bulk not being Dangerous Petroleum to be Granted under the Belize City Council Act.

No. …………… Fee ……………

Licence is hereby granted to ………………………………. for the storage in the premises described below and shown on the plan annexed hereto of ………………. gallons of petroleum in bulk, other than dangerous petroleum, subject to the conditions prescribed by the Belize City (Inflammable Liquids) Regulations.

This licence shall expire on ………………………………….. and may be renewed on application being made for this purpose not less than fifteen days previous to the date of expiry.

Description of premises above referred to-

....……………………………… City Engineer

………………........................ Date of issue

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

____________

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167

FORM F

LICENCE to Possess Dangerous Petroleum in Bulk to be Granted under the Belize City Council Act.

No ……………. Fee………………

Licence is hereby granted to …………………………......……. for the storage in the premises described below, and shown on the plan annexed hereto, of …………….. gallons of dangerous petroleum in bulk, subject to the conditions prescribed by the Belize City (Inflammable Liquids) Regulations.

This licence shall expire on ………………………………. and may be renewed on application being made for this purpose not less than two months previous to the date of expiry.

Description of premises above referred to-

...………………………………… City Engineer

………….......................... Date of issue

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

____________

Belize City CouncilCAP. 85]

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FORM G

LICENCE to Transport Dangerous Petroleum in Bulk to be Granted under the Belize City Council Act.

No ……………… Fee $5.00.

Licence is hereby granted to ………………………….......…. for the transport of …………........ gallons of dangerous petroleum from ................... ........................... to ………………… subject to the conditions prescribed by the Belize City (Inflammable Liquids) Regulations.

This licence shall expire on the 31st day of December next following the date of issue hereof, and may be renewed on application being made for this purpose not less than fifteen days previous to the date of expiry.

............………………………….. City Engineer

........................………… Date of issue

This licence is issued subject to the provisions of the Belize City (Inflammable Liquids) Regulations, of which the holder admits cognisance.

____________

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CHAPTER 85

BELIZE CITY (INFLAMMABLE LIQUIDS) (PRESCRIBED QUANTITY) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Prescribed quantity.

____________

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY (INFLAMMABLE LIQUIDS) (PRESCRIBED QUANTITY) REGULATIONS

(Section 61 (1))

1. These Regulations may be cited as the

BELIZE CITY (INFLAMMABLE LIQUIDS) (PRESCRIBED QUANTITY) REGULATIONS.

2. No person shall keep in one yard (as defined in section 3 of the Act), a quantity of ordinary petroleum or of dangerous petroleum in excess of forty- seven gallons.

____________

Ch. 135. Ch. 66

Short title.

Prescribed quantity.

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171

CHAPTER 85

BELIZE CITY COUNCIL (PUBLIC BRIDGES) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Prohibitions.

3. Penalty.

4. Repeal and savings.

5. Commencement.

____________

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY COUNCIL (PUBLIC BRIDGES) REGULATIONS

[3rd March, 2001.]

1. These Regulations may be cited as the

BELIZE CITY COUNCIL (PUBLIC BRIDGES) REGULATIONS.

2. (1) No person shall sit, stand up or loiter on any part of any bridge or its approaches in Belize City.

(2) No person shall tie or knot a boat or motor-vessel to any bridge in Belize City or in any other way seek support from any bridge in Belize City, in order to stabilize a boat or motor-vessel.

3. Any person who contravenes Regulation 2 commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars.

4. (1) The Belize City (Public Bridges) By-laws (hereinafter referred to as the principal By-laws) are repealed.

(2) All proceedings under the principal By-laws that, immediately before the coming into force of these Regulations, are pending before any court, shall continue to be heard and disposed of by that court as if these Regulations had not been passed.

Short title.

Prohibitions.

Penalty.

Repeal and savings. Sub. leg. 1991 Edn. Vol. II, CAP. 66, p. 156.

32 of 2001.

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5. These Regulations shall come into force on the 5th day of March, 2001.

(DAVID FONSECA) Mayor

Belize City Council

____________

Commencement.

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY (COLLECTION AND DISPOSAL OF GARBAGE) BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Interpretation.

3. Fixing of collection days.

4. Collection of garbage, etc.

5. Garbage collector or employee of the Council not to enter any building, etc.

6. Disposal of non-collectable waste.

7. Restriction on accumulation, scattering or tampering with rubbish, etc.

8. Number of receptacles and the method of keeping them for collection.

9. Appointment of Supervisors.

10. Penalty.

____________

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CHAPTER 85

BELIZE CITY (COLLECTION AND DISPOSAL OF GARBAGE) BY-LAWS

(Section 49)

[4th June, 1988.]

1. These By-Laws maybe cited as the

BELIZE CITY (COLLECTION AND DISPOSAL OF GARBAGE) BY-LAWS.

2. In these By-Laws, unless the context otherwise requires-

“ashes” means the solid residue of any household fuel remaining after burning, soot and other chimney-products;

“city” means the Belize City as defined in the Belize City Council Act;

“collection day” means the day fixed by the Council for collection of garbage;

“Council” means the Belize City Council constituted under the Belize City Council Act;

“dwelling” means any building or other structure occupied or used as a place of abode (other than a hotel) and includes an apartment house, tenement or building;

“garbage” means waste materials from the kitchens of dwellings, hotels, institutions, restaurants and includes the vegetable and animal waste from groceries, markets and establishments where food is served, magazines, newsprints, waste paper, discarded wearing apparel, wood and metal scrap, rags, plastics, straw, broken glass crockery and metal, glass, earthenware and

CAP. 66. 49 of 1988. 3 of 2000.

Short title.

Interpretation.

Belize City CouncilCAP. 85]

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plastic containers, but does not include non-collectable waste;

“householder” means the owner or his agent, occupant, lessee, tenant or other person in charge of a dwelling, hotel, restaurant, apartment house, office building, shop, store, institution or other premises;

“landfill” means the area notified by the Council for disposal of non collectable waste;

“manufacturers’ waste” or “trade waste” means any abandoned, condemned or rejected product or by-product or the waste from any product or by-product used by a manufacturer, builder or contractor in the operation of his business or trade and includes scrap metal and parts of motor vehicles from garbages and service stations;

“non-collectable waste” means any waste or matter other than ashes, garbage or rubbish and includes-

(a) manufacturers’ waste and trade waste,

(b) plastic cuttings, moving picture film, oil or gasoline soaked rags and any explosive or highly combustible material of any kind whatsoever,

(c) broken plastic, lumber or other waste or residue resulting from the construction, alteration, repair, demolition, or removal of any building or structure,

(d) sawdust and/or shavings,

(e) swill or other organic matter not properly drained or wrapped,

(f) liquid waste,

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177

(g) bandages, poultices, dressings and other like waste,

(h) hay, straw and manure,

(i) night soil, carcass, remains or parts of any animal or fish, live animals or birds,

(k) stock of any wholesaler (to be regarded as manufacturers’ waste),

(l) discarded tyres from trucks automobiles and vehicles,

(m) any material which has become attached to the receptacle and cannot be removed by shaking;

“receptacle” means watertight box or container made of metal, plastic, or polythene paper bags manufactured specially for use as disposable garbage bags;

“rubbish” includes household litter, trash, leaves, grass cuttings and lawn rakings, trimmings from shrubs and trees and discarded garden roots, but does not include manure or night soil;

“street” means any road, street, lane, public water-way, drains, open spaces, thoroughfare or a public highway within the city.

3. The Council shall by a notice published in at least three newspapers circulating in Belize City fix one or more days in each week for the collection of ashes, garbage and rubbish from the city and different days may be fixed for such collection from different areas of the city.

4. (1) On the collection day, every householder who desires the ashes, garbage or rubbish from his dwelling to be collected by the garbage collectors of the Council shall place such ashes, garbage and rubbish in receptacles and

Fixing of collection days.

Collection of garbage, etc.

Belize City CouncilCAP. 85]

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keep those receptacles not later than 7 a.m. at the property side of the sidewalk abutting his property or at the curb line where there is a sidewalk or at the edge of the travelled portion of the street abutting his property where there is no side walk or curb.

(2) Every receptacle containing ashes, garbage or rubbish shall be removed by the householder not later than 7 p.m. on the day of collection whether or not such ashes, garbage or rubbish has been removed from the receptacles.

(3) It is an offence for any person to collect garbage in Belize City as garbage collector without the express written approval of the Council, and the Council shall only approve garbage collectors who use load packer type of equipment customarily used in the waste management by garbage collectors.

(4) Any person who contravenes sub by-law (3) above shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months.

5. No garbage collector or any employee of the Council shall enter any dwelling, hotel, apartment house, tenement or building or ascend any stairway, or enter an elevator, hoist or lift for the purpose of carrying out or returning thereto any receptacle:

Provided that where in case of physical disability, a householder is unable to keep any receptacle at the site of collection thereof or bring back such empty receptacle, he may, upon payment of such fees as may be charged by the Council, be afforded requisite assistance.

6. (1) Non-collectable waste (except for liquid waste, live animals or birds, the carcass of any animal and night soil) shall be delivered at the city landfill.

Garbage collector or employee of the Council not to enter any building, etc.

Disposal of non- collectable waste.

3 of 2000.

3 of 2000.

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179

(2) Acceptance of non-collectable waste when delivered at the landfill shall be at the discretion of the Council.

(3) Where the Council refuses to accept such waste, it shall approve suitable and convenient methods for disposal of the same.

(4) All ashes, garbage and rubbish (except non-collectable waste) which is not required to be collected by the garbage collectors of the Council under these By-Laws, shall be prepared for collection and shall be disposed of by and at the expense of the householder by conveying the same at the landfill and by depositing the same in accordance with the directions of the employee of the Council in charge of the landfill area.

7. (1) No person shall sweep, throw, cast, lay or deposit or direct, suffer or permit any servant, agent or employee to sweep, throw, cast, lay or deposit any garbage, dirt, stones, rubbish or non-collectable waste of any kind, whatsoever, in or upon street within the city.

(2) No person shall permit the accumulation of ashes, garbage, rubbish or uncollectable waste or any swill or liquid waste upon his premises or upon premises occupied or controlled by him in such a manner that the existence of such ashes, garbage, rubbish, uncollectable waste, swill or liquid waste is likely to be detrimental to public health.

(3) No person shall pick over, disturb, remove or scatter any ashes, garbage or rubbish placed for collection and disposal in accordance with the provisions of these By-Laws whether the same is contained in a receptacle or not.

(4) No person shall place in a receptacle for collection any material, substance or object which may, or is likely to, detonate or explode as a result of improper handling or exposure to heat.

Restriction on accumulation, scattering or tampering with rubbish, etc.

Belize City CouncilCAP. 85]

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8. (1) The number of receptacles kept out for collection by any store, shop or other non-residential building shall not exceed ten on each collection day. Each such receptacle shall contain garbage or rubbish not in excess of sixty pounds.

(2) Every household shall provide and maintain in good repair receptacles in sufficient number to hold all garbage, ashes or rubbish and shall, unless otherwise provided, be kept on a portion of the householder’s premises.

(3) Dry garbage weighing sixty pounds or less may be put in closed cardboard cartons and left at the place from where it is to be collected.

(4) All receptacles, except disposal bags, shall be equipped with handles and properly fitted covers which shall be kept in position at all times. Disposable bags shall be tightly secured with cord.

(5) Ashes, garbage or rubbish placed for collection shall be drained of all liquid matter before being placed in the receptacle. All household and kitchen waste shall be well wrapped in paper.

(6) Garbage or rubbish which cannot be put in a receptacle of the size specified under these By-Laws shall be collected if it is cut or folded into pieces not exceeding forty inches in length and tied in bundles.

(7) Paper products and cartons from retail merchants shall be collected provided they are collapsed and securely tied in bundles.

9. The Council may appoint fit and proper persons (including its employees) to supervise the work of garbage collection. The persons so appointed shall be issued identity cards signed by the Mayor or Deputy Mayor or other duly authorised officer of the Council and shall carry such cards at all times.

Appointment of Supervisors.

Number of receptacles and the method of keeping them for collection.

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10. (1) Any person who contravenes any provision of these By-Laws shall be guilty of an offence and shall on summary conviction be liable to a fine not exceeding one hundred dollars.

(2) A prosecution for an offence against these By-Laws shall be instituted by or on behalf of the Council.

____________

Penalty.

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Interpretation.

3. Licensing of horses, mules and carriages.

4. Licensing of carriages.

5. Licensing of drivers of carriages.

6. Returns to be made by licensees.

7. Public carriages: fares and number of passengers.

8. Carts, etc: charges.

9. Traffic rules.

10. Speed and use of vehicles.

11. Lights on carriages.

12. Handcarts: licensing badge.

13. Livestock in Belize City streets.

14. Slaughter House.

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183

15. Public market.

16. Bridges.

17. Public canals.

18. General penalty.

________________________

FIRST SCHEDULE ________________________

SECOND SCHEDULE ________________________

THIRD SCHEDULE ________________________

FOURTH SCHEDULE ________________________

FIFTH SCHEDULE ________________________

SIXTH SCHEDULE ________________________

SEVENTH SCHEDULE ________________________

EIGHT SCHEDULE ________________________

NINTH SCHEDULE ________________________

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY BY-LAWS

(Section 49)

1. These By-Laws may be cited as the Belize City By-Laws.

2. In these By-Laws, if not inconsistent with the context-

“Act” means the Belize City Council Act;

“bridge” means:-

(a) the Swing bridge over the Belize River in Belize City;

(b) the Bel China bridge in Belize City;

(c) the Belcan bridge in Belize City; or

(d) any other bridge in Belize City that swings or opens to allow river traffic to pass thereunder, and any buttress, pier or part thereof;

“carriage” includes any carriage, van, cart, dray, handcart and box cart;

“public carriage” means any carriage plying for, or accepting, hire for the carriage of passengers, goods or materials for profit;

“public street” means any street, road, bridge, place or wharf under the care and control of the Council.

Ch. 135. Ch. 66. 44 of 1975. 57 of 1980. 106 of 1985. 126 of 1999.

Short title.

Interpretation. CAP. 85.

126 of 1999.

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185

3. (1) Subject to the provisions of this by-law the owner of a horse or carriage (except a mule-cart) kept or used in the city of Belize, shall on or before the 1st day of January in each year and before any day on which such horse or carriage shall be kept or used, provide himself with a licence in respect of each and every horse and carriage as aforesaid which such owner shall keep or use or be about to keep or use:

Provided that horses and carriages as aforesaid kept by the Governor-General or the Government shall be exempt from the provisions of this by-law.

(2) Subject to the provisions of this by-law the owner of any mule or mule-cart kept or used in the city of Belize shall provide himself with a licence in respect of each mule or mule-cart as aforesaid which such owner shall keep or use or be about to keep or use, and such licence may be issued in accordance with the provisions of paragraph (5) of these By-Laws.

(3) Applications for such licence shall be made to the Council.

(4) Such licences shall be issued by the City Administrator on payment of the prescribed fees, and shall bear the date of the day of issue. The City Administrator shall keep a register of all licences so issued and such register shall be open to public inspection at all reasonable hours.

(5) A licence may be issued at the request of the applicant in respect of any such mule or mule-cart as is mentioned in paragraph (2) hereof either for a period of one calendar year or for any period of six months from the 1st day of January to the 30th day of June or from the 1st day of July to the 31st day of December in any year or for any other period less than a year upon payment of the respective fees or the proportionate equivalent thereof as prescribed in Part I of the First Schedule to these By-Laws.

(6) A licence may be issued in respect of horses, and carriages, either for a period of one calendar year or for any period less than a year expiring on the 31st day of December in any year, upon payment of the respective

Licensing of horses, mules and carriages.

First Schedule.

Belize City CouncilCAP. 85]

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fees prescribed in Part I of the First Schedule to these By-Laws.

(7) No licence fees as herein prescribed shall be due or payable in respect of any horse, mule or carriage certified by the Chief Executive Officer in the Ministry of Local Government to be used wholly for the Public Service; and only one half of the licence fee herein prescribed shall be due or payable in respect of any horse, mule or carriage certified by the said Chief Executive Officer to be partially used for the Public Service.

(8) Every licence issued under this by-law shall apply only to the particular horse, mule or carriage in respect of which it has been issued:

Provided that upon receipt of a transfer fee of twenty-five cents, the City Administrator may transfer any such licence to another horse, mule or carriage the property of the same owner. Such transfer shall be endorsed upon the licence and the original horse, mule or carriage as the case may be shall thereupon become unlicensed.

(9) Notwithstanding the sale or disposal of a licensed horse, mule or carriage, the person to whom the licence therefor was issued shall during the currency of such licence remain liable as owner for any breach of these By-Laws, unless and until he surrenders the licence to the City Administrator with a written notice of such sale or disposal, whereupon the horse, mule or carriage (as the case may be) shall become unlicensed unless the purchaser applies for the licence to be transferred to him. Upon receipt of a fee of twenty-five cents, the City Administrator shall, subject to the provisions of these By-Laws, endorse and transfer such licence accordingly.

(10) If any person shall, contrary to the provisions of this by-law, keep or use any horse, mule or carriage, he shall be guilty of an offence against this by-law, and shall he liable on summary conviction to a penalty not exceeding twenty-five dollars.

First Schedule.

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187

(11) Notwithstanding the provisions of this by-law the owner of any horse, mule or carriage who holds a licence in respect thereof duly granted by a competent authority of another District and who is a bona fide visitor, shall be entitled to keep or use the same in the city of Belize for the space of three months without the necessity of providing himself with a licence in respect thereof.

4. (1) The owner of a carriage shall not keep or use the same or permit it to be kept or used within the city of Belize as a public carriage unless it be licensed by the Council for that purpose in addition to being licensed under the preceding by-law.

(2) No such carriage shall be licensed, or having been licensed shall be used as a public carriage unless the construction and state of repair of such carriage and of any harness, brakes, lamps, engine, steering gear, and other mechanism requisite for the efficient propulsion, guidance or control thereof be thoroughly sound and serviceable.

(3) Any such carriage intended to be licensed under this by-law shall be produced where directed to be inspected and tested by the Commissioner of Police. The owner shall at his own expense facilitate such inspection and test aforesaid and shall if requested dismantle and expose any part of the mechanism or machinery.

(4)

(a) If such carriage produced as aforesaid shall be found by the Commissioner of Police to be thoroughly sound and serviceable to be licensed as a public carriage he shall give to the owner thereof a certificate in the form of the Second Schedule of these By-Laws:

Provided that if the Commissioner of Police is at any time satisfied after inspection that any public

Licensing of carriages.

Second Schedule.

Belize City CouncilCAP. 85]

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carriage produced as aforesaid is not in a thoroughly sound and serviceable condition to be licensed as a public carriage, he shall forthwith give notice in writing to the proprietor stating in what the unsoundness or unserviceability consists and prohibiting the use of such carriage until the same is put in a sound and serviceable condition:

Provided further that any proprietor aggrieved by any decision of the Commissioner of Police under this paragraph may appeal to the District Magistrate who is hereby empowered to hear and determine the same in a summary manner. Every appeal shall be commenced by way of notice, and shall contain particulars of the carriage in respect, whereof the appeal is brought and a statement of the general grounds of appeal.

(b) On the receipt by the District Magistrate of the notice of appeal in the preceding sub-paragraph mentioned, such District Magistrate shall fix a day for the hearing of such appeal and shall give to the Commissioner of Police and the appellant at least seven days’ notice in writing of the time and place of such hearing.

(c) The District Magistrate before whom an appeal under the provisions of this paragraph is heard shall have power to view the carriage in question and to examine the parties and their witnesses upon oath, and may thereupon make such order, and also such order as to the payment of costs or otherwise, as to him shall seem just.

(5) The licence for a public carriage shall be issued by the City Administrator either for a period of one calendar year or for any period of six

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months from the 1 st day of January to the 30th day of June, or from the 1st day of July to the 31st day of December in any year, or for any other period less than a year expiring on the 31st day of December in any year, upon production by the applicant of a certificate given by the Commissioner of Police as aforesaid and upon payment of the respective fees prescribed in Part 2 of the First Schedule to these By-Laws.

(6) Such licence, which shall be in the form of the Third Schedule to these By-Laws, shall bear the date of the day of issue and shall apply to the public carriage in respect of which it has been issued:

Provided that upon receipt of a transfer fee of twenty-five cents, the City Administrator may transfer any such licence to another carriage the property of the same owner after such other carriage has been inspected and approved of by the Commissioner of Police as aforesaid.

Such transfer shall be endorsed upon the licence, and the carriage originally licensed shall thereupon become unlicensed.

(7) The Commissioner of Police may in writing order the owner of any public carriage to produce at any time such carriage and any horses or mules (if any) used for drawing the same for inspection. The owner shall obey such order and shall at the prescribed time produce such carriage and any horse or mule as aforesaid for inspection and shall at his own expense facilitate such inspection. If any such carriage or horse or mule shall at any time be certified by the Commissioner of Police to be unfit for use the City Administrator may suspend the licence granted in respect of such carriage until such time as it is certified to the Council by the Commissioner of Police that, the defects of such carriage have been remedied to his satisfaction or that the horse or mule used in drawing the same is fit for use.

(8) The owner of a carriage who shall ply for or accept hire in respect of the same without first having obtained a licence for that purpose or who having obtained a licence shall ply for or accept hire in respect of such

Third Schedule.

First Schedule.

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carriage during the time such licence is suspended shall be liable on summary conviction to a penalty not exceeding ten dollars for each day that he shall so let to hire such carriage.

(9) In the case of any public carriage certified by the Commissioner of Police to be of a superior class to carriages ordinarily plying for hire, the Council may authorise the City Administrator to endorse the licence of such carriage with the words “Special licence”. When a licence is so endorsed such public carriage shall be exempted from the fares set out in the Fifth Schedule of these By-Laws.

(10) The owner of every cart or dray drawn by horse or mule licensed as aforesaid for the carriage of goods or material shall paint or cause to be painted in figures of at least one and a half inches in length in a conspicuous position on each shaft of such cart or dray the number of the licence thereof.

5. (1) No person shall within the city of Belize drive any carriage -

(a) unless he obtains from the Council and legally holds a driver’s licence;

(b) after his driver’s licence has expired or been cancelled;

(c) while his driver’s licence is under suspension;

(d) while he is intoxicated or otherwise incapacitated;

(e) while he is suffering from any infectious, contagious, or offensive disease, or skin complaint.

(2) The Council may in its discretion refuse a driver’s licence to or may suspend or cancel the driver’s licence of any person who-

Fifth Schedule.

Licensing of drivers of carriages.

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(a) has been convicted of being drunk whilst driving any carriage;

(b) as driver of any carriage has been convicted of an offence against these By-Laws or against any motor vehicle regulations for the time being in force;

(c) is, in its opinion, unfit to hold a driver’s licence.

(3) A driver’s licence shall be issued by the City Administrator upon receipt of the licence fee prescribed in Part 2 of the First Schedule to these By-Laws. Every licence so issued shall bear the date of the day of issue and shall continue in force therefrom until the next succeeding 31st day of December unless suspended or cancelled by the Council under the provisions of this by-law.

(4) No driver of any public carriage-

(a) shall unreasonably refuse to admit and carry in such carriage any number of passengers not exceeding the number for which the same is licensed:

Provided always that no owner or driver shall be required to carry in his carriage any person suffering from any infectious or contagious disease or who is otherwise in an unfit state;

(b) licensed for the purpose of carrying passengers only, shall carry any goods on such vehicle except such as are the personal effects of any person travelling within or hiring such vehicle:

Provided always that no driver shall refuse to carry any such personal effects except packages or

First Schedule.

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goods of such a size, weight or nature as is likely to cause damage to his vehicle;

(c) shall carry any passenger except within the body of such vehicle;

(d) shall unreasonably refuse to carry in his carriage without extra charge, a reasonable quantity of luggage the property of the passenger hiring the same:

Provided always that no driver shall be required to carry in his carriage any article of luggage likely to damage the carriage, or of an unreasonable weight or size:

Provided further, that no driver of a motor vehicle shall carry any luggage, goods or other article, except within the body of such vehicle, or upon a suitable carrier attached to the rear of such vehicle;

(e) shall unreasonably refuse to hire such carriage to any person requiring to hire or ride in the same, or shall unreasonably refuse to drive such carriage to any place within the city of Belize as defined by the Belize City Council Act, to which he shall be required to drive;

(f) except with the permission of a passenger, shall allow any other person to ride in the car whilst the car is engaged, nor take on additional passengers, except with the consent of those already in the car;

(g) shall let for hire or drive any such carriage which at the time of such hiring or driving shall be unfit for use,

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or which may be drawn by any horse or mule which is unfit for use;

(h) shall be improperly attired and the said driver shall appear clean at all times whilst driving or carrying fare paying passengers. Attire includes jacket;

(i) shall smoke when carrying passengers, or be uncivil, discourteous or insolent to his fare paying passengers;

(j) shall leave any such carriage which is drawn by a horse or mule unattended or without proper control in any public street or place.

Any person committing a breach of this paragraph of this by-law shall on summary conviction be liable to a penalty not exceeding one hundred dollars.

6. (1) Every person liable to take out any licence or licences under these By-Laws shall within one calendar month after the first day in every year upon which he shall become so liable and within one month after the first day in every year upon which he shall become liable to take out any further licence under these By-Laws or any of them make out and give in or cause to be given in to the City Administrator a true and just return in writing in the form and containing the particulars mentioned in the Fourth Schedule hereto.

(2) Every such return shall be signed by the person making the same:

Provided that in the case of a person unable to write, his or her mark shall be made to such return in the presence of and shall be attested by a justice of the Peace.

(3) Every person who shall wilfully and corruptly make a false return or who shall wilfully refuse or neglect to make and give in or cause to be given

Returns to be made by licensees.

Fourth Schedule.

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in any such return shall be guilty of an offence against this by-law.

7. (1) The City Administrator shall cause the table of fares set forth in the Fifth Schedule to these By-Laws to be distinctly printed on card or metal in legible numbers and figures.

(2) The City Administrator shall issue one such table of fares free to every owner of a carriage licensed to carry passengers and shall supply additional cards at any time at a charge of twenty-five cents each.

(3) The said card or metal shall be numbered to correspond with the number of the licence of such carriage and shall specify the maximum number of persons allowed to be carried in such carriage.

(4) Every such owner shall, under a penalty not exceeding twenty five dollars, cause the said table of fares to be affixed and exposed, and to be kept affixed and exposed on the inside of such carriage in such manner that it may be seen by persons using such carriage.

(5) The owner or driver of such carriage shall be entitled to demand and take for the hire of such carriage the fares set forth in the said Schedule.

(6) Any owner or driver of such carriage who shall demand or attempt to obtain from any person or persons using such carriage a fare exceeding the rate of fares set out in the Fifth Schedule to these By-Laws shall be liable on summary conviction to a penalty not exceeding twenty-five dollars.

8. (1) The charges for goods and materials carried in or upon carts, drays and vans licensed for the carriage of goods and materials shall be those set forth in the Sixth Schedule to these By-Laws.

(2) Any owner or driver of such cart, dray or van who shall demand or attempt to obtain from any person or persons employing such cart,

Public carriage: fares and number of passengers. Fifth Schedule.

Carts, etc: charges. Sixth Schedule.

Fifth Schedule.

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dray or van more than the charges set out in the said Schedule shall be liable on summary conviction to a penalty not exceeding twenty-five dollars.

9. (1) The driver of a carriage or the rider of a horse upon a public street shall-

(a) keep the same as near as practicable to the left side;

(b) when meeting a horse or carriage and when turning a corner keep to the left side of the road;

(c) when overtaking a horse or carriage pass upon the right side and not pull over to the left side until well clear of such horse or carriage or of any horse attached to any carriage;

(d) on street crossings or intersections give precedence to any carriage approaching his left side, allowing the latter to cross or proceed in front of him;

(e) before stopping, drive such horse or carriage close to the left side of the roadway and parallel thereto;

(f) when about to stop or to turn a corner raise his hand or give some intelligible signal of his intention, so that it may be visible to any person immediately following;

(g) before turning to the right side from one street into another, drive or ride parallel to the left side of the street which he is leaving until he is as near as practicable to the left side of the street which he is entering;

Traffic rules.

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(h) cause the carriage or horse to be drawn as near as practicable to the left side of the street and parallel thereto and brought to a standstill and remain stationary as long as may be reasonably necessary on the approach of and during the passage of any fire engine or other vehicle apparently proceeding in charge of a fireman to a fire, or, whenever it is necessary to avoid impending danger or collision with any pedestrian, animal or carriage;

(i) at all times observe and comply with any reasonable directions of any police officer as to the manner of approaching and departing from any place, or of taking up or setting down passengers, or of loading or unloading goods, or as to the regulation of traffic;

(j) upon any police officer holding up his hand, or otherwise giving an order or direction, stop so long or proceed in such a manner as directed;

(k) at the reasonable direction of any police officer remove his carriage or horse from where it is standing, and either remove it from the vicinity or proceed to some adjacent portion of such street, or of some neighbouring street indicated by such officer;

(l) if he has caused or has in any way been concerned in any accident, injury, or collision to or with any person, animal or carriage give his name and address to the person injured or to some person on his behalf and to a police officer if one be present.

(2) The driver of a carriage or the rider of a horse upon a public street shall not-

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(a) negligently or wilfully obstruct, hinder or prevent the free passage of any person, carriage, horse or cattle;

(b) cause to be drawn in front of or take precedence of any carriage or horse which from its position has a prior right to take up or set down passengers or goods:

Provided that no act done with the consent of or by the direction of any police officer shall be considered a breach of this by-law.

(c) wilfully remain opposite the entrance of any street, or across any passage, thoroughfare, or foot-crossing, or upon the intersection of any streets, or allow the same to stand longer in any place where it is likely to endanger, obstruct, or inconvenience the traffic, than is necessary for taking up or letting down passengers, or for loading or unloading goods or materials;

(d) be guilty of any insulting misconduct;

(e) whilst driving such vehicle be in such a condition or position that he cannot have control of the same.

(3) Every person who-

(a) wilfully causes any obstruction in any public footpath of any street;

(b) leads or rides any horse or other animal, or draws or drives any carriage, upon any footway of any street;

(c) tethers any horse or other animals so that it stands across or upon any footway;

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(d) places or leaves any furniture, goods, wares or merchandise or any cask, tub, basket or bucket or places or uses any stool, bench, stall or showboard on any footway, or who places any blind, shade, covering, awning or other projection over or along any such footway, unless such blind, shade, covering, awning or other projection is eight feet in height at least in every part thereof from the ground;

(e) places, hangs up or otherwise exposes for sale any goods, wares, merchandise or thing whatsoever so that the same projects into or over any footway, or beyond the line of any house, shop or building at which the same are so exposed, so as to obstruct or incommode the passage of any person over or along such footway;

(f) rolls or carries any cask, tub, hoop or wheel or any ladder, plank, pole, timber or log of wood upon any footway, except for the purpose of loading or unloading any carriage or of crossing the footway;

(g) stands, sits or leans on any traffic sign, shall be liable on summary conviction to a penalty not exceeding twenty-five dollars.

10. (1) No person shall upon a public street drive or ride any carriage or horse negligently, furiously, or recklessly.

(2) The driver of a carriage or the rider of a horse upon a public street shall drive or ride slowly and consistent with safety when-

(a) turning the corner of any street into any other street;

Speed and use of vehicles.

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(b) turning around on any street;

(c) crossing the intersection of any street;

(d) crossing the entrance of any footpath or going into or out of any lane, right-of-way, or private entrance;

(e) entering or proceeding through any bend or curve or down any steep grade or along any crowded place on any such street;

(f) passing any school whilst the children are coming out therefrom.

(3) No person shall drive or ride any carriage or horse on any street or part of a street where a sign is erected consisting of a disc having the words “No Traffic” painted thereon.

(4) The use of any public street by carriage or horse may be prohibited or restricted by signs placed in a conspicuous place by the Council at or near where such prohibition or restriction is enforced.

(5) Such signs as aforesaid shall indicate the directions and speed as follows:

(a) A sign-post shall indicate that carriages and horses are to proceed in the direction in which the sign-post points only.

(b) A sign with the word “Stop” shall indicate that no carriage or horse shall proceed past it.

(c) Signs specifying the number of miles per hour shall indicate the greatest speed at which a carriage or

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horse may proceed over the portion of road indicated.

(6) The driver of any carriage or rider of any horse who shall wilfully disregard the directions indicated by any of the signs aforesaid shall, upon summary conviction be guilty of an offence against these By-Laws and shall be liable to a penalty not exceeding twenty-five dollars.

11. (1) During the period between one half-hour after sunset and one half-hour before sunrise the driver of every carriage shall carry attached thereto and keep lighted one or more lamps as hereinafter provided which shall be constructed and placed so as to exhibit a light in the direction in which such carriage is proceeding.

(2) On any carriage other than a cart or dray drawn by any animal, two such lamps shall be carried one on either side of such carriage.

(3) On any cart or dray not driven by mechanical power, one such lamp shall be carried on the right side of such cart or dray.

(4) Every person who is guilty of an offence against this by-law shall upon summary conviction be liable to a penalty not exceeding twenty-five dollars for each and every offence.

12. (1) The Council shall supply the owner of every handcart to whom a licence is issued under these By-Laws with a metal badge (hereinafter in this by-law referred to as a “licensing badge”) which shall be of a distinctive pattern, colour or design for each calendar year.

(2) The owner of a handcart shall cause the licensing badge to be affixed to the off side of the handcart in respect of which the owner is licensed. The said badge shall be affixed in such position that every figure on such badge is upright and easily distinguishable whether the handcart be stationary or in

Lights on carriages.

Handcarts: licensing badge.

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motion and the licensing owner shall cause the licensing badge to be kept so affixed until the end of the year for which the licence was issued.

(3) If any person who does not hold a licence under these By- Laws for every handcart used or employed by him affixes or permits a licensing badge to be affixed to any handcart in respect of which he does not hold a licence, he shall be guilty of an offence against this by-law.

(4) Every person who uses or employs any handcart to which a licensing badge is not affixed in the position hereinbefore prescribed shall be guilty of an offence against this by-law.

(5) Every person who is guilty of an offence against this by-law shall upon summary conviction be liable to a fine not exceeding twenty-five dollars for each and every such offence.

13. (1) No person shall drive or lead cattle, or cause or permit cattle to be driven or led through any public street except between the hours of 12 midnight and 5 a.m. on any day when they shall be led singly or in pairs and be in charge of a sufficient number of attendants to keep them under complete control so as to prevent annoyance or danger to any member of the public.

(2) Any person committing a breach of this by-law shall on summary conviction be liable to a penalty not exceeding twenty-five dollars.

14. (1) Except in the case of wild animals which may be shot in the bush no person shall kill or slaughter any animal or turtle the flesh of which is intended for human food in any place within or within one mile beyond the limits of the city of Belize other than in the Slaughter House.

(2) The Slaughter House shall be opened on Saturday from 10 a.m. to 1 p.m. and on every other day of the week Sunday included, from 3 p.m. to 8 p.m. No animals shall be slaughtered after 12 noon on Saturdays or 6 p.m. on any other day of the week. Turtle may be slaughtered from 3 a.m. to

Livestock in Belize City streets.

Slaughter House.

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6 a.m. on every day of the week and on Saturdays from 10 a.m. to 12 noon also:

Provided however that in the case of turtle to be slaughtered between the hours of 3 a.m. and 6 a.m. that it shall be inspected the previous day and no turtle shall be slaughtered until it has been so inspected and approved by the Clerk of the Market, or some other officer of the Council designated in that behalf.

(3) The Assistant Clerk and Cleaner of the Market shall be responsible to see that all turtle slaughtered between 3 a.m. and 6 a.m. daily were duly inspected the previous day:

Provided always that with the consent in writing of the Clerk of the Market these hours may be altered for any special occasion or under such circumstances as he may think fit.

(4) No person shall kill or slaughter any animal in the Slaughter House unless such person

(a) has been licensed by the Council as in this by-law provided that his licence has not been cancelled; and

(b) has in his possession while engaged in the Slaughter House a valid certificate of health duly signed by a Government medical officer or by a registered medical practitioner in the form prescribed in the Ninth Schedule to these By-Laws that he is free from any infectious or contagious disease and is in a fit state of health to be employed in the Slaughter House, such certificate to be valid only for the ninety days immediately succeeding the day on which it was dated and signed by a Government medical officer or a registered medical practitioner.

Ninth Schedule.

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(5)

(a) Any person applying for a licence as a butcher shall produce to the Clerk of the Council a certificate from the Clerk of the Market to the effect that he has demonstrated his ability to be a butcher and a certificate, not more than three months old, from a registered medical practitioner that he is in good health and free from any contagious or infectious disease and is a fit person to be licensed as a butcher:

Provided that it shall not be necessary to produce the certificate of ability in the case of renewal of a licence.

Upon production of the aforementioned certificates and on payment of a fee of three dollars the Clerk of the Council shall grant such licence to the applicant.

(b) Any person applying for a licence as a butcher’s assistant shall produce to the Clerk of the Council a certificate, not more than three months old, from a registered medical practitioner that he is in good health and free from any contagious or infectious disease and is a fit person to be licensed as a butcher’s assistant. Upon production of such certificate and on payment of a fee of one dollar and fifty cents the Clerk of the Council shall grant such licence to the applicant.

(c) All licences granted under paragraphs (a) and (b) hereof shall expire on the 31st day of December of the year in which they are issued and shall not be transferable.

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(6) Any licensed butcher or butcher’s assistant who-

(a) has been convicted for cruelty to animals while being slaughtered;

(b) is guilty of uncleanliness, non-compliance with these By-Laws, disorderly or unseemly conduct within the Slaughter House;

(c) fails to comply with any lawful directions given by the Clerk of the Market or a meat inspector,

shall be liable at the discretion of the Council to have his licence as a butcher or butcher’s assistant, as the case may be, suspended for such period as the Council may, think fit, or cancelled, in addition to any other penalty which he may incur.

(7) A register of all licensed butchers and butcher’s assistants shall be kept in the office of the Council and shall be open to inspection by the Director of Health Services or any sanitary inspector.

(8) The Director of Health Services, any sanitary inspector, or the Clerk of the Market may at any time require any person who has killed or slaughtered, or who is killing or slaughtering, or who is about to kill or slaughter any animal in the Slaughter House to produce his certificate of health for inspection by the Director of Health Services or sanitary inspector or Clerk of the Market as the case may be and any person who shall fail or refuse so to produce a valid certificate of health when so required shall be guilty of an offence against this by-law.

(9) Animals intended for slaughter shall be tied up at the Slaughter House for a period of not less than twelve hours nor more than twenty-four hours previous to being killed, and shall be presented for inspection between

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the hours of 3 p.m. and 5 p.m. daily except on Saturdays when the animals shall be presented between the hours of 10 a.m. and 11 a.m. Should the Clerk of the Market or a Meat Inspector be requested to inspect any animal intended to be slaughtered after the time mentioned above, he shall do so at the Slaughter House provided a fee of fifty cents for each animal to be inspected is paid in advance to the Clerk of the Market or the Meat Inspector and a means of conveyance to and from is provided.

(10) The Clerk of the Market or a Meat Inspector shall examine the condition of all animals brought to be slaughtered and of all meat intended to be offered for sale and if any such animal or meat shall have any appearance of disease or unsoundness he shall notify the owner thereof and unless and until such animal or meat shall have been approved by a Medical Officer of Health or a veterinary surgeon such animal shall not be slaughtered nor shall such meat be offered for sale.

(11) Any person using the Slaughter House for killing any animal shall, immediately after slaughtering such animal, thoroughly wash and clean the flooring, tables or other parts of the building soiled by such killing.

(12) All meat shall be properly cleaned and dressed before leaving the Slaughter House and shall be covered with cloth to the satisfaction of the Clerk of the Market and kept so covered while being conveyed from the Slaughter House to the Market.

(13) No person shall enter the Slaughter House except on business.

(14) The fees specified in the Seventh Schedule to these By-Laws shall be paid on demand to the Clerk of the Market for all animals killed at the Slaughter House.

(15) All meat on which the fees are charged according to weight shall be weighed by the owner or his agent in the presence of the Clerk of the Market and according to his directions.

Seventh Schedule.

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(16) No person shall smoke or spit in the Slaughter House.

(17) The Clerk of the Market shall attend at the Slaughter House as required by the Council and is responsible for the maintenance of order and the general management of the same.

(18) A receptacle shall be provided for rubbish or refuse and no rubbish or refuse shall be thrown or deposited in or about the Slaughter House elsewhere than in such receptacle.

(19) Any person engaged in the Slaughter House as a butcher, or as an assistant or apprentice to such butcher shall at all times while so engaged in the Slaughter House be decently and neatly dressed and shall wear an apron made of white material.

(20) No person under the age of fourteen years shall be allowed in or around the Slaughter House, and no person over the age of fourteen years and under the age of eighteen years shall be in or around the Slaughter House except an assistant or apprentice to a butcher in company with such butcher.

(21) Any person committing a breach of, or being guilty of an offence against, this by-law shall be liable on summary conviction to a penalty not exceeding twenty-five dollars.

15. (1) No person shall expose or exhibit for sale the flesh of any animal other than a wild animal shot in the bush, in any place within, or within one mile beyond the limits of the city of Belize other than in the Market or such place or places as the Council may appoint.

(2)

(a) The enclosed portion of the Market premises shall be fitted with stalls and collapsible tables which shall be numbered and lettered with distinguishing numbers

Public market.

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and letters and shall be appropriated for the sale of meat, turtle, fish, fruit, vegetables, groceries, bread, confectionery, and such other articles as the Council may determine, and may be let by the day, week, month or year at the rate specified in the Eighth Schedule to these By-Laws to persons or firms approved by the Clerk of the Market, subject to these By-Laws.

(b) The unenclosed portion of the market premises situate between the Belize Swing Bridge and the North Western extension of the Market building shall continue to be set apart as heretofore for the sale of fish, fruit, vegetables, groceries, bread, confectionery and such other articles as the Council may determine, and spaces may be let for this purpose by the day at the rate specified in the Eighth Schedule to these By-Laws to persons approved by the Clerk of the Market, subject to these By-Laws.

(c) No person shall sell, or offer, or expose for sale, or deposit for sale or otherwise any meat or any article whatever in the Market, or in any part thereof, other than in, at or upon a stall, table, standing-place, or space which at the time of such sale, offer, or exposure for sale, or of such depositing, is let and allotted to such person by the Clerk of the Market.

(3) No person or firm shall, except by permission granted by resolution of the Council, directly or indirectly hold more than one stall in the Market or sublet the same to another person or firm. Stalls shall be rented only to those who occupy them personally or by an agent on their behalf who does not rent or manage any other stall in the Market.

Eight Schedule.

Eight Schedule.

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(4) Persons renting or occupying any market stall shall keep the same together with the fixtures, fittings and appurtenances thereto clean and in proper order and shall be responsible for any damage to the same other than by fair wear and tear and shall not without permission in writing from the City Administrator affix extra fixtures or lights and shall not leave any food material in or on it in any way whatever.

(5) All rents shall be payable in advance.

(6) No person shall sell any article whatsoever on the Market premises otherwise than from a proper stall or place set apart for such purpose by the Council:

Provided that nothing herein contained shall prevent the sale of grass fodder for horses and cattle between the Belize Bridge and the North Western extension of the Market building.

(7) The covered and enclosed Market Place shall be lighted and the stall-holders and their assistants admitted to their stalls at 4 a.m. daily (Sunday excepted); such Market Place shall not however be open to the general public or for purposes of sale until 5 a.m. daily (Sunday excepted). Meat and turtle stalls may be opened daily (Sunday excepted) at 5 a.m. and may be closed as soon as all the meat and turtle being exposed for sale thereat shall have been sold or otherwise disposed of but such stalls covered and enclosed may remain open after noon. On Saturdays meat and turtle stalls may be reopened at 1 p.m., but such stalls and the said covered and enclosed Market Place shall be closed at 8 p.m. On Christmas Eve, New Year’s Eve and Good Friday the said covered and enclosed Market Place shall be lighted and the stall-holders and their assistants admitted at midnight but shall not be opened to the general public or for purposes of sale, until 4 a.m.:

Provided that in any special circumstances the above hours may be altered at the request of the stall-holders:

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Provided however that such stall-holders shall pay a fee of fifty cents per hour or part of an hour to the Clerk of the Market during such times as he is engaged or that the Market is kept open for the purpose.

(8) Fish stalls may be opened at 5 a.m. daily (Sunday excepted) and shall be closed at 6 p. m.

(9) All other stalls may be opened at 5 a.m. daily (Sunday excepted) and shall be closed at 10.30 p.m. On Saturdays they shall be closed at 12 midnight.

(10) On Christmas Day, Good Friday and the 10th September in every year the Market shall be closed for all purposes whatsoever at 9 a. m.

(11) No livestock except poultry or game shall be brought into the Market.

(12) No person shall expose for sale, or have in his or her possession in the Market any bad or unwholesome meat, fish, fruit or vegetables.

(13) No dogs shall be allowed in the covered and enclosed Market Place. If any dog is so found the owner thereof shall be deemed to have committed an offence against these By-Laws.

(14) A receptacle shall be provided by the Council for rubbish and refuse and no rubbish or refuse shall be thrown or deposited in the Market elsewhere than in such receptacle.

(15) Any lessee or stall-holder soiling the Market shall immediately thereafter thoroughly wash and clean the part so soiled.

(16) No barrels, blocks or private property whatever shall be permitted to be placed in or about the Market, other than such as may be deemed requisite by the Clerk of the Market for stall-holders in the pursuit of

Belize City CouncilCAP. 85]

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their business and any such barrel, block or private property placed in or about the Market shall at all times be kept covered and clean to the satisfaction of the said Clerk.

(17) No quarrelsome or riotous conduct, swearing, obscene language, indecency or impropriety of any kind whatsoever shall be committed or used in the Market.

(18) No person shall smoke or spit in the Market.

(19) No boat shall be tied or made fast to the piles, pillars, or other parts of the Market longer than is necessary for the purpose of loading and unloading produce therefrom.

(20) The City Administrator, the Clerk and the Assistant Clerk of the Market shall not directly or indirectly be concerned in the buying (except for the use of their respective households), or selling of any article exposed for sale in the Market. The Clerk of the Market shall attend at the Market as required by the Council and be responsible for the maintenance of order and the general management of the same.

(21) No person shall loiter about, sit or lie on any of the stalls in or about the Market and any person so doing besides rendering himself liable to the penalty provided by this by-law may be ejected by the Clerk of the Market, Assistant Clerk or any police constable.

(22) No stall-holder or person in the employ of a stall-holder either directly or indirectly at any place within the Market beyond the limits of his or her employer’s stall shall solicit any person to make any purchase.

(23) Any person who shall at any stall in the Market sell or offer for sale-

(a) any part of a loggerhead turtle at the same time and

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211

at the same stall at which he is selling or offering or exposing for sale any part of a greenturtle; or

(b) any part of a turtle unless a legible notice be exhibited in a conspicuous place on such stall stating the kind of turtle offered for sale, namely: greenturtle, hawksbill or loggerhead; or

(c) any part of a sheep or goat unless a legible notice be exhibited in a conspicuous place on such stall stating the kind of mutton offered for same, namely: sheep mutton or goat mutton; or

(d) any meat that has been frozen unless a legible notice be exhibited in a conspicuous place on such stall containing the words “Frozen Meat”,

shall be guilty of an offence against this by-law.

(24)

(a) Any vendor in the Market who retails any article by weight shall himself supply the necessary scales and weights of a type approved by the Clerk of the Market and he shall keep all such scales and weights and other appliances used by him free from rust and verdigris and in a thoroughly clean condition to the satisfaction of the Clerk of the Market.

(b) Every article retailed by weight shall be properly weighed and in all cases of dispute in respect of weight, the vendor shall, if required so to do by the purchaser or intended purchaser, cause the article about which dispute arises to be weighed in the presence of the

Belize City CouncilCAP. 85]

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Clerk of the Market or a constable.

(c) No vendor or his assistant shall have in his possession or under his control in the Market any false or unjust weighing machine, scale or weight.

(d) No person shall sell or deliver any article in the Market of less weight, measure or number than has been bargained for.

(e) No person shall by any contrivance or device or in any manner whatever, tamper with any scale, balance, beam or weight in the Market whether such scale, balance, beam or weight be the property of, or in the possession of, or under the control of such person or not.

(25) Any person who shall engage in the Market as a butcher or seller of beef, pork, mutton, or meat, or as an assistant or servant to any such butcher or seller, shall at all times while engaged in the Market-

(a) be decently and neatly dressed and shall besides wear a clean white overall and cap; and

(b) have in his possession a valid certificate of health duly signed by a Government medical officer or by a registered medical practitioner in the form prescribed in the Ninth Schedule of these By-Laws that he is free from any infectious or contagious disease and is in a fit state of health to be employed in the Market, such certificate to be valid only for the ninety days immediately succeeding the day on which it was dated and signed by a Government medical officer or a registered medical practitioner.

Ninth Schedule.

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213

(26) The Director of Health Services, or any Sanitory Inspector, or the Clerk of the Market may at any time require any butcher, seller, assistant or servant as aforesaid to produce his Certificate of Health for inspection by the Director of Health Services, Sanitary Inspector or Clerk of the Market as the case may be and any butcher, seller, assistant or servant who shall fail or refuse to produce a valid Certificate of Health when so required shall be guilty of an offence against this by-law.

(27) The fees specified in the Seventh Schedule to these By-Laws shall be paid on demand to the Clerk of the Market for all meat and turtle brought to the market for sale except where such fees have already been paid at the Slaughter House. The weighing of such meat and turtle where necessary shall be done by the owner or his agent in the presence of the Clerk of the Market and according to his directions.

(28) Any person committing a breach of or being guilty of an offence against this by-law shall be liable to a penalty not exceeding one hundred dollars and in the event of a continuing offence to a further penalty not exceeding ten dollars for each day on which such offence is continued. The tenancy of such person as a lessee or stallholder may be forthwith determined by the Council and no part of the rent paid shall be refunded unless the Council by resolution shall so direct and if the Council so determine any tenancy as aforesaid it may declare such lessee or stall-holder to be disqualified from holding any stall for such period as the Council may determine not exceeding six months.

16. (1)

(a) The centre section of the bridge shall be used by carriages, persons in charge of animals, bands, funerals, and processions. Pedestrians and persons in charge of perambulators shall use either sidewalk of the bridge.

Seventh Schedule.

Bridges. 126 of 1999.

Belize City CouncilCAP. 85]

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(b) No person shall stand up or loiter on any, part of the bridge or its approaches.

(c) No driver of any carriage or rider of any horse when proceeding over the bridge shall allow his carriage or horse or portion thereof to pass to the right of the line marked down the centre of either of the bridge approaches.

(d) No carriage shall be permitted to remain stationary on any part of the bridge or its approaches unless there is reasonable cause to prevent its progress.

(e) No person shall cause any carriage, horse or mule, with the exception of perambulators, to proceed over the sidewalks of the bridge.

(f) Any person committing any breach of this by-law shall be liable on summary conviction to a penalty not exceeding five dollars.

(2)

(a) Whenever chains or ropes shall be extended across the ends of the bridge by or by the direction of any duly authorised employee or officer of the Council no person shall without the permission of such employee or officer go or remain upon the bridge as long as such ropes or chains remain extended.

(b) Whenever a red flag is displayed on the bridge by or by the direction of any duly authorised employee or officer of the Council, every vessel within the circle of which the bridge is the diameter shall forthwith be

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



215

removed beyond such circle by the owner or person in charge of such vessel, and so long as such flag remains so displayed no vessel shall be brought by any person within such circle except vessels desiring to pass the bridge.

(c) Every person passing the bridge when open with a vessel of over ten tons burden or a raft shall haul such vessel or raft with a warp line with or without any other means of propulsion that may be necessary and such vessel or raft shall also be provided with a check line which shall be used to prevent such vessel or raft being carried by the current against any part of the bridge or its approaches.

(d) Every person who shall commit any breach of this by-law shall be liable on summary conviction to a penalty not exceeding ten dollars.

(3) There shall be paid to the City Council, in respect of a swing to the bridges mentioned in Column I of the Table below, and on the dates and at the times specified in the said Table, the various rates appearing in Columns II- IV of the said Table.

Belize City CouncilCAP. 85]

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TABLE

17. (1) No person shall load or unload any timber, logwood, lumber, machinery, heavy packing case or other heavy article or thing, or haul up or launch any vessel, boat or dory at or from any place on the bank of any canal unless proper shields, approved by the City Administrator, are during the entire time of such loading, unloading, hauling up or launching, used to protect such bank.

(2) No person shall allow any cargo which it is intended to load into any vessel, boat or dory, or which has been discharged from any vessel, boat or dory, except only material intended for the repair of any street or road in the city of Belize, to remain on any place on the bank of any canal for a longer period than forty-eight hours.

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217

(3) No person shall navigate any vessel, boat or dory propelled by mechanical power on any canal at other than very slow speed. Should the wash set up by the navigation of any vessel, boat or dory cause damage by wash-out or scouring to the banks of a canal the person or persons responsible shall be liable for the cost of making good such damage in addition to any penalty which may be imposed under by-law 18 of these By-Laws.

(4) No person shall fasten any vessel, boat, dory, log or other article or thing in or on the bank of any canal so as to cause an obstruction or an accumulation of dejecta or other substance in the canal.

(5) No person shall throw into any canal any article or thing which is liable to cause an obstruction.

(6) Every person who is guilty of an offence against this by-law shall be liable on summary conviction to a penalty not exceeding twenty-five dollars for each offence.

18. Any person who is guilty of an offence against any of these By-Laws for which no special penalty is imposed shall be liable to a penalty not exceeding one hundred dollars.

____________

General penalty.

Belize City CouncilCAP. 85]

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FIRST SCHEDULE

PART 1.

Fees under By-Law 3 for Horses, Mules and Carriages $ c

For every horse or mule .................................................................... 5.00 For every wheel of a carriage drawn by a horse or mule..................... 3.00 For every handcart ........................................................................... 1.50 For every bicycle ............................................................................. 2.50 For every tricycle used for the delivery or sale of any goods .............. 2.50

If the licence be taken out after the 31st day of March and before the l st day of July, only three-fourths of the above fee shall be payable; if after the 30th day of June and before the 1st day of October, only one-half of the above fee shall he payable; and if after the 30th day of September in any year, only one-fourth of the above fee shall he payable.

For every carriage other than a motor vehicle which is kept without the city, to he used in the city, but not as a public carriage-

For one calendar year or part of a calendar year ................................ $1.00

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219

PART 2.

Fees under By-Law 4 for Public Carriages

For every public carriage for the use of passengers- $ c

(a) For one calendar year ending 31 st December ............ 10.00

(b) For six months ending 30th June or 31st December in any year .................................................................. 5.25

(c) For any period ending 31st December in any year-

If after 31st March and before 1st July ..................... 7.50 If after 30th September ............................................ 3.00

For every public carriage for the carrying of goods or materials-

(a) For one calendar year ending 31st December ............ 1.00

(b) For six months ending 30th June or 31st December in any year .................................................................. .75

Fees under By-Law 5 for Driver’s Licences

For every licence to drive a carriage (other than a cart or dray drawn by a horse or mule) ................................................................ 2.50 For every licence to drive a cart or dray drawn by a horse or mule.. .25

____________

Belize City CouncilCAP. 85]

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SECOND SCHEDULE (By-Law 4)

BELIZE CITY COUNCIL ACT

I, do certify that I have inspected Carriage No . ................. and find the said Carriage in a fit and proper condition for public use.

It may be licensed to carry ............................... passengers. (Signed)

Commissioner of Police

Date ..................................................

____________

THIRD SCHEDULE (By-Law 4)

BELIZE CITY COUNCIL ACT Licence

No ................................. I, ........................................... do hereby license .............................................. residing at ....................................................................................... to let to hire Carriage No. ..................... known by the following marks or description ................................. to carry ............................ persons, goods and materials. Dated ................................................

................................................................... City Administrator

N. B.-Two children under twelve shall be reckoned one adult person. Children in arms not to be reckoned.

____________

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221

FOURTH SCHEDULE (By-Law 6)

BELIZE CITY COUNCIL ACT

Return to be made to Belize City Council by Licensees

No. of Licences. For what to be taken out Rate Amount

By-Law 3: TO KEEP horse ..................................... $5.00

”mule ................................................. 5.00 ”horse-drawn carriage, cart or dray ... ....... per wheel ............................. 3.00 ”hand-cart .......................................... 1.50

By-Law 4:

To let to hire carriage for the use of pas- sengers .......................................... 10.00 To let to hire carriage for the carrying of goods or materials ..................... 1.00

I CERTIFY that the above return (together with another or other returns already made and given in) contains a just and true return of all licences which ................... is liable to take out for the year 20 ............... under the above mentioned By-Laws.

Date ..................................... ..........................................

____________

Belize City CouncilCAP. 85]

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FIFTH SCHEDULE (By-Law 7)

BELIZE CITY COUNCIL ACT

CARRIAGE No .................... LICENSED TO CARRY ......... PASSENGERS

TABLE OF FARES

For a carriage For a carriage For a carriage drawn by one drawn by two drawn or animal or more animals propelled by

mechanical power

By Distance $ $ $ N.B.-A child under the age of 12 is to be charged at the rate of 15 cents. (a) For each passenger travelling from any one point in Belize City to any other point ......... 0.15 0.25 0.25 By Time (b) For any number up to the number for which the carriage is licensed: For every hour .........................1.00 1.50 2.50 For each quarter of an hour or part of a quarter of an hour after the first hour ..................... 0.25 0.35 0.60 (c) For calling carriage off stand or from garage without hiring the same, provided it reaches the point of call within ten minutes 0.20 0.25 0.25

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223

The hirer shall state when hiring whether the same is by distance or time. Unless otherwise stated, the hiring shall be presumed to be by distance.

____________

SIXTH SCHEDULE (By-Law 8)

BELIZE CITY COUNCIL ACT $ c

For an ordinary load (which shall be considered as five barrels of flour, or four barrels of pork, or their equivalent) for any distance not exceeding half a mile ........................................ 0.15 Provided that the charge for the first half mile for a load of lumber of 330 feet, or a load of firewood of 250 sticks, or a load of earth or spoil of 14 cubic feet shall be ............................... 0.25 For every additional half a mile or part thereof .......................... 0.15 For a part load the same charge may be made as for a full load.

SPECIFIC DISTANCES AND DRAYMEN’S CHARGES FOR SUCH DISTANCES FOR AN ORDINARY LOAD

yds. $ c From the Court House Wharf to- The King’s Warehouse, North Front Street 608 0.15 Public Works Department, Gaol Lane ....... 896 0.30 Hospital gate, Eve Street ........................... 885 0.30 Pilgrim’s Saw Mill, North Front Street, West 951 0.30 The Government Landing Shed, Fort George 1,008 0.30 Henry Lind’s residence, Barrack Road ........ 1,085 0.30 United Fruit Co.’s Office, Fort George 1,094 0.30 First gates at Lord’s Ridge Cemetery 1,952 0.45 Belize Golf Club House, Newtown Barracks 1,940 0.45

Belize City CouncilCAP. 85]

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yds. $ c

From Fire Bridge Station to Corner of Ferrell’s Lane and Albert Street 728 0.15 Pound Yard, Cemetery Road ..................... 852 0.15 Government House gate, Regent Street ....... 880 0.15 Corner of George Street and Berkeley Street 990 0.30

From United Fruit Co.’s Office, Fort George to- West end of Regent Street, West ................... 1,311 0.30 Perdomo’s residence, Eve Street ................... 1,260 0.30 Pilgrim’s Saw Mill, North Front Street, West 1,501 0.30 Radio Station, Newtown Barracks ................ 2,517 0.45

From Public Works Department, Gaol Lane to- Government House gate, Regent Street ......... 1,510 0.30 Radio Station, Newtown Barracks ................ 1,641 0.30

From Government Landing Shed, Fort George to Court House Wharf ....................................... 1,008 0.30 Corner of Ferrell’s Lane and Albert Street ...... 1,458 0.30 Pound Yard, Cemetery Road .......................... 1,582 0.30 Government House gate, Regent Street ........... 1,610 0.30 Corner of George Street and Berkeley Street .. 1,920 0.30

____________

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225

SEVENTH SCHEDULE $ c

1. For every kid 0.65 2. For every turtle per 50 lbs. or part thereof 0.90 3. For every wild animal weighing 40 lbs. or under 1.00 4. For every wild animal weighing over 40 lbs. 1.25 5. For every beef or calf per 100 lbs. or part thereof 3.00 6. For every sheep 1.50 7. For every lamb 0.75 8. For every pig weighing over 50 lbs. 3.00 9. For every pig weighing 50 lbs. or under 2.00 10. For every goat 1.50

____________

EIGHTH SCHEDULE

A-General Butcher’s Stalls: Rate per month Nos. 2 & 15 $100.00 Nos. 3, 6, 7, 8, 10, 11, 14 $110.00 Nos. 4 & 13 $125.00 Nos. 5 & 12 $135.00

B (1)-Vegetable Stalls: Rate per day Rate per week or Part

1 - 33 Single $1.50 1 - 64 Double $3.00 1 to 4 Special .65 1 to 17 Private $1.50

B (2)-Fish Stalls Rate per day Rate per or Part week

1 to 20 $2.00

44 of 1975.

57 of 1980.

57 of 1980.

57 of 1980.

106 of 1985.

106 of 1985.

106 of 1985.

Belize City CouncilCAP. 85]

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EIGHTH SCHEDULE (cont.)

B (3)-Turtle Stalls Rate per day Rate per or part week

1 to 8 $1.00 $5.00

B (4)-Game Meat Stalls 1 to 3 $1.00 $5.00

B (5)-Cooking Section 1 to 6 $3.00

Rate per month C-General Stall: Fruits, Vegetables, etc. Lettered A. to O, S to Z and AA, BB, CC ............. 2.50

D-General Stalls: Fruits, Vegetables, etc. Nos. 13, 14, 15, 19, 21, 30, 16 .............................. 1.50

E-Daily Stalls: Fruits, Vegetables, etc. Nos. 1 to 8 .............................................................. 0.10 17, 18, 21, 22, 23, 24, 25, 26 .................................. 0.10 33 to 40 per day or part of a day .............................. 0.10

per month ........................................................ 2.35

F-Collapsibles per day or part of a day ............................................ 0.10 per month ................................................................ 2.35

____________

57 of 1980.

57 of 1980.

106 of 1985.

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227

NINTH SCHEDULE (By-Laws 14 and 15)

____________

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Belize City CouncilCAP. 85]

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



CHAPTER 85

BELIZE CITY (PUBLIC WATER CLOSETS AND LATRINES) BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Offences.

3. Penalty.

____________

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229

CHAPTER 85

BELIZE CITY (PUBLIC WATER CLOSETS AND LATRINES) BY-LAWS (Section 49)

1. These By-Laws may be cited as the

BELIZE CITY (PUBLIC WATER CLOSETS AND LATRINES) BY-LAWS.

2. No person shall-

(a) write upon, soil, mark or deface any wall, partition or fence of any public water closet or latrine; or

(b) wilfully place any foreign matter or thing in the basin or pan of any public water closet, whether the same shall be likely to cause damage or not.

3. Any person doing or causing to be done anything which is prohibited by these By-Laws shall be deemed to have committed a breach of this by-law and shall on summary conviction be liable to a penalty not exceeding ten dollars for each and every offence.

____________

Ch. 135. Ch. 66.

Short title.

Offences.

Penalty.

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY (SEA WALLS) BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Prohibition.

3. Penalty.

____________

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231

CHAPTER 85

BELIZE CITY (SEA WALLS) BY-LAWS (Section 49 and 61)

1. These By-Laws may be cited as the

BELIZE CITY (SEA WALLS) BY-LAWS.

2. Except with the written permission of the City Administrator, no person shall-

(a) load or unload or cause to be loaded or unloaded at the seawall adjoining Eve Street, Barrack Road or Marine Parade any article or thing exceeding four hundred pounds in weight;

(b) allow any article or thing to remain on the seawall adjoining Eve Street, Barrack Road or Marine Parade for a longer period than twelve hours.

3. Any person who commits a breach of these By-Laws shall be liable to a penalty not exceeding twenty-five dollars for each offence.

____________

Ch. 135. Ch. 66.

Short title.

Prohibition.

Penalty.

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY (BILLBOARDS AND BANNERS) (FEES) BY- LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Interpretation.

3. Regulation of use of banners and billboards in Belize City.

4. Appointment of officers.

5. Commencement.

____________

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233

CHAPTER 85

BELIZE CITY (BILLBOARDS AND BANNERS) (FEES) BY-LAWS

(Section 49)

[19th June, 1999.]

1. These By-laws may be cited as the

BELIZE CITY (BILLBOARDS AND BANNERS) (FEES) BY-LAWS.

2. In these By-laws, unless the context otherwise requires:-

“banner” means any material bearing a slogan, sign, public notice, public announcement or advertisement, or a promotional message about any commercial, political, cultural or other activity, belief or principle, which material is hung or intended to be hung over or in any street, park or other public place in and within Belize City;

“Belize City” means Belize City as defined in the Belize City (Definition of Boundaries) Order;

“billboard” means any outdoor board, or overhang or structure made of cement or some other material, bearing a sign, slogan, public notice, public announcement or advertisement, or a promotional message about any commercial, political, cultural or other activity, belief or principle, which is placed or intended to be placed in or near any street, park or other public place in and within Belize City;

“Council” means the Belize City Council constituted under the Belize City Council Act;

69 of 1999. Act 1 of 1999.

Short title.

Interpretation.

CAP. 85.

Belize City CouncilCAP. 85]

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“person” means a natural or a legal person.

3. (1) Any person desirous of hanging any banner over or in, or placing any billboard in or near, any street, park or other public place in or within Belize City shall first make written application to the City Administrator, enclosing with his application the relevant fee as set out in Schedule I hereto.

(2) An application made under paragraph (1) above shall be in the form set out in Schedule II hereto.

(3) Upon receipt of the application, the City Administrator shall submit the application to the Council for consideration and thereafter advise the applicant of the decision of the Council in respect of the application.

(4) Only applicants whose applications have been approved by the Council pursuant to this By-law, and who have paid the relevant fee as specified in Schedule I hereto shall hang any banner over or in, or place any billboard in or near, any street, park or other public place in or within Belize City.

(5) The approval granted by the Council pursuant to paragraph (4) above, shall in the case of billboards be valid for one year, and in the case of banners for a period of one month. Both periods for billboards and banners maybe renewed for a further like period upon payment of the requisite fees specified in Schedule I hereto.

(6) Any person who contravenes this By-law commits an offence and shall be liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding six months, or to both such fine and period of imprisonment.

(7) Any person who knowingly damages, destroys, removes, defaces or tampers in any way with a banner which is hung over or in, or a

Schedule I.

Regulation of use of banners and billboards in Belize City. Schedule I.

Schedule II.

Schedule I.

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235

billboard which is placed in or near any street, park or other place in or within Belize City commits an offence and shall be liable to the penalty specified in paragraph (6) above.

(8) The Council shall not be responsible for any damage caused to any banner.

4. The Council may appoint suitably qualified officers, by name or by office, to ensure that the provisions of these By-laws are being carried out.

5. These By-laws shall come into force on the 18th day of June, 1999.

MADE by the Belize City Council this 11th day of June, 1999.

(DAVID FONSECA) Mayor

Belize City Council

____________

Appointment of officers.

Commencement.

Belize City CouncilCAP. 85]

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SCHEDULE I

TABLE OF FEES

MATTER PRESCRIBED FEE

(a) Application fee …………………….. $5.00 non-refundable.

BILLBOARD BANNER

(b) Political advertisement ... $300.00 per annum $125.00 per month

(c) Business advertisement ... $600.00 per annum $125.00 per month

(d) Cultural advertisement ... $300.00 per annum $125.00 per month

(e) Educational/School/Churches Social Awareness Advertisement …$300.00 per annum $125.00 per month

(f) Use of banner for one week or less .................... $85.00

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SCHEDULE II (By-law 3(3))

Name of Applicant/Business _____________________________________

Address of Applicant/Business __________________________________

Phone # of Applicant/Business __________________________________

Description of Banner/Billboard _________________________________

Proposed Location __________________________________________

Starting Date _______________________________________________

Closing Date _______________________________________________

Fee ______________________________________________________

Recommended by City Engineer ________________________________

Approved/Not approved ______________________________________

Date _____________________________________________________

**All applicants are subject to a non-refundable processing fee of $5.00 per application.

**The Council is not responsible for any damages caused to any banner or billboard.

**Use of land is temporary and can be recalled at anytime for Council’s use.

___________________________ City Administrator

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY (PARK) BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Interpretation.

3. Offences.

4. Penalty.

5. Removal of offender.

____________

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CHAPTER 85

BELIZE CITY (PARK) BY-LAWS (Section 49)

1. These By-Laws may be cited as the

BELIZE CITY (PARK) BY-LAWS.

2. Throughout these By-Laws the following expressions shall have the meanings hereinafter respectively assigned to them, that is to say:

“City Council” means the City Council of the city of Belize;

“Park” means the area in the city of Belize known as the “Battlefield” and the space on the east side of the Court House, known as the “Court House Green”, and any other part in Belize City.

3. No person shall do any of the following acts in the Park, that is to say-

(a) cut, pluck, injure, or destroy any tree, bush or flower growing thereon;

(b) dig, cut or remove any sod, turf, sand, gravel or other substance thereon or therefrom;

(c) light any fire, or wilfully, carelessly or negligently do any act which may cause, or be likely to cause, damage by fire to anything growing or being thereon;

(d) wilfully, carelessly, or negligently deposit or leave thereon, or on any part thereof, any rubbish, bricks, manure, timber, or other substance or material whatsoever;

Ch. 135. Ch. 66.

Short title.

Offences.

Interpretation.

Belize City CouncilCAP. 85]

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(e) carelessly, negligently, or wilfully injure, deface or remove any seat, notice, notice board, post, railing, fence, barrier or other thing which may be from time to time erected or placed thereon by the authority of the City Council or City Engineer;

(f) paint, write, cut, carve, or in any manner inscribe letters, figures, or marks upon, or otherwise disfigure any rock or tree, or any fence, or other structure or erection in the Park;

(g) drive, ride or push any vehicle or hand-cart over the Park grounds;

(h) climb any tree thereon;

(i) brawl, fight, use indecent language, or act in an indecent, disorderly, or offensive manner;

(j) deliver or read any public speech, lecture or address of any kind or enter into any public discussion or hold or cause or take part in any public assemblage;

(k) throw or place into the fountain basins any earth, wood, glass, crockery, metal, paper or other rubbish or refuse, or any deleterious, noxious, offensive substance or thing;

(l) walk on, stand upon, or in any way damage the grass lawns;

(m) do, aid in, or abet any act or thing which may not in these By-Laws be specifically mentioned and which

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241

may tend to the injury or disfigurement of the Park ground or to interfere with the use thereof by the public for the purpose of recreation.

4. Every person who shall offend against any provisions of the foregoing by-laws shall be liable on summary conviction for every such offence to a penalty not exceeding fifty dollars, and for every continuing offence to a further penalty not exceeding ten dollars for each day on which the offence continues after written notice thereof shall have been given to the said person by the City Council.

5. Every person who shall infringe any by-law for the regulation of the Park ground may be removed therefrom by any person or persons authorised by the City Council or by any police constable, in any one of the several cases hereinafter specified, that is to say-

(a) where the infraction of the by-law is committed within view of such officer or police constable, and the name and residence of the person infringing the by-law is unknown to and cannot be readily ascertained by such officer or police constable;

(b) where the infraction of the by-law is committed within the view of such officer or police constable, and from the nature of such infraction or from any other fact of which such officer or police constable may have knowledge, or of which he may be credibly informed, there may be reasonable ground for belief that the continuance in the Park ground of the person infringing the by-law may result in another infraction of a by-law, or that the removal of such person from the Park ground is otherwise necessary as a security for the proper use and regulation thereof.

____________

Penalty.

Removal of offenders.

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY (LITTERING OFFENCES) (VIOLATION TICKETS) BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Interpretation.

3. Appointment of officers.

4. Littering offence.

5. Issue of violation tickets.

6. Form of violation ticket.

7. Use of another person.

8. Motor vehicles.

9. Penalties.

10. Court hearing.

11. Time for payment of fine.

12. Summons.

13. Place of payment.

14. Procedure upon payment of fine.

15. Use of fines paid.

16. Offences by body corporate.

17. Application. ____________

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243

CHAPTER 85

BELIZE CITY (LITTERING OFFENCES) (VIOLATION TICKETS) BY-LAWS

(Section 49) [29th July, 2000.]

1. These By-laws may be cited as the

BELIZE CITY (LITTERING OFFENCES) (VIOLATION TICKETS) BY-LAWS.

2. In these By-laws, unless the context otherwise requires:

“authorized officer” means an officer appointed by the Council under By-law 3;

“Belize City” means Belize City as defined in the Belize City (Redefinition of Boundaries) Order, 1993;

“Council” means the Belize City Council constituted under the Belize City Council Act;

“violation ticket” means a ticket issued in pursuance of these By-laws.

3. The Council may appoint suitably qualified officers, by name or by office, to ensure the enforcement of these By-laws.

4. A person who,

(a) throws or places any litter or refuse, or causes any such thing to fall into any sewer, pipe or drain, or into any river, stream, canal, watercourse, pond or reservoir for water; or

69 of 2000.

Short title.

Interpretation.

CAP. 85.

Appointment of officers.

Littering offence.

Belize City CouncilCAP. 85]

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(b) throws or places any litter or refuse, in or upon any street, thoroughfare, alley-way, or other public place, except upon such place designated by the Council to be used as receptacles of litter or refuse; or

(c) causes any offensive matter to run from any place into any street, thoroughfare, alley-way, or other public place, or into any sewer, pipe or drain, or into any river, stream, canal, watercourse, pond or reservoir for water, or into any uncovered place, whether or not surrounded by a wall or fence,

commits a littering offence.

5. (1) Any person who commits a littering offence may be issued with a violation ticket by an authorized officer, immediately or within forty-eight hours.

(2) Any person who refuses to accept the violation ticket from an authorized officer, or refuses to give his correct name or address, or gives a false name or address, shall be guilty of an offence and shall be liable to the same penalties as if he had committed a littering offence.

6. (1) The violation ticket shall be in the form specified in the Schedule and shall be issued in duplicate.

(2) The Council shall be responsible for the printing, supply and distribution of all violation tickets necessary to give effect to these By-laws.

7. Any person who uses another person to commit a littering offence shall be issued with a violation ticket.

8. The driver or conductor of a motor vehicle shall be responsible for any littering offence involving the motor vehicle.

Issue of violation tickets.

Form of violation ticket.

Use of another person.

Motor vehicles.

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245

9. Every person who is issued with a violation ticket shall, except as otherwise provided by By-law 11, pay a fine of:

(a) two thousand dollars ($2,000.00) in the case of a person operating a business, a body corporate or an unincorporated body; or

(b) five hundred dollars ($500.00) in the case of any other person, which amount shall be clearly stated on the face of the violation ticket.

10. (1) Any person who is issued with a violation ticket may request a court hearing.

(2) The request shall be made within fifteen (15) calendar days of the issue of the ticket and shall be directed to the Chief Sanitation Manager of the Council together with a duplicate copy of the ticket.

(3) The Applicant shall then be served with a summons by the Council to appear in court to answer the charge.

11. The fine stated on the violation ticket shall be paid within fifteen (15) calendar days of the date of issue of the ticket, failing which the fine shall be increased at the rate of one hundred and thirty dollars ($130.00) in the case of a person operating a business, a body corporate or an unincorporated body, or thirty dollars ($30.00) in the case of any other person, for every day that the fine remains unpaid.

12. Any offender who fails to make good his ticket, within thirty (30) days of receipt and no court hearing has been requested by him under By-law 10 above, shall be summoned to appear in court to answer the offence and upon summary conviction shall be liable to a fine of two thousand dollars ($2,000.00) or to imprisonment for a term not exceeding six months.

Penalties.

Court hearing.

Time for payment of fine.

Summons.

Belize City CouncilCAP. 85]

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13. The fines in respect of violation tickets shall be paid at City Hall, Belize City.

14. (1) Every person paying a fine in respect of a violation ticket shall deliver the duplicate copy of the ticket to the officer collecting the fine.

(2) The Council shall –

(a) ensure that the correct amount of fine is paid by a person, including any increased fine which may have accrued by virtue of By-law 11;

(b) issue a receipt for the amount of the fine collected; and

(c) keep a full record of the amount of fines collected for violation tickets, showing inter alia, the names and addresses of persons paying the fine, the number and date of the violation ticket, the amount of fine collected, and the date of payment of fines.

15. All fines and penalties collected by virtue of these By-laws shall be paid into the Belize City Fund.

16. Where an offence under these By-laws is committed by a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary, principal representative or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

Place of payment.

Procedure upon payment of fine.

Use of fines paid.

Offences by body corporate.

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247

17. The Summary Jurisdiction (Littering Offences) (Violation Tickets) Regulations, 1991, as amended, shall not apply to Belize City and these By-laws shall have effect within the limits of Belize City.

MADE by Belize City Council this 20th day of July, 2000.

(DAVID FONSECA) Mayor

Belize City Council

____________

Application. S. I. No. 130 of 1991. S. I. No. 55 of 1996.

Belize City CouncilCAP. 85]

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SCHEDULE [By-Law 6(1)]

BELIZE CITY (LITTERING OFFENCES) VIOLATION TICKETS)

BY-LAWS No. _________ Date of Issue ___________

Amount of Fine

Two thousand dollars ($2,000.00) per person operating a business/body corporate/un incorporated body.

Five hundred dollars (500.00) for any other person.

Name of person/body corporate/unincorporated body to whom issued: ________________________________________________________________________

Address of person/body corporate/unincorporated body to whom issued: ________________________________________________________________________

Date and time of offence: ________________________________________

Place where offence occurred: ___________________________________

Brief description of litter: ______________________________________

Due date for payment: _________________________________________

Name of officer (IN BLOCK LETTERS) issuing ticket: ________________

Designation and Address of the officer issuing ticket: __________________ __________________________________________________________

SEE NOTES ON REVERSE

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249

NOTES

1. This violation ticket has been issued in respect of a littering offences.

2. You should pay the fine on the ticket at City Hall, 109 North Front Street, Belize City, within fifteen (15) calendar days of issue of the ticket, by delivering a duplicate copy of the ticket.

3. If the fine is not paid within fifteen (15) calendar days, a charge will be made of one hundred and thirty dollars per person operating a business/body corporate/unincorporated body or thirty dollars in the case of any other person, for every day the fine is unpaid.

4. You have the right to ask for a court hearing. If you wish to exercise that right, you should, within fifteen (15) calendar days of the issue of the ticket, inform in writing, the Chief Sanitation Manager, Belize City, and enclose with your letter a duplicate copy of the violation ticket.

5. If the fine stated on the violation ticket remains unpaid for a period of thirty (30) calendar days, and you do not request a court hearing, you may be summoned to appear in Court and in the event of a conviction you may be fined up to two thousand dollars or sentenced to imprisonment for a term not exceeding six months.

6. It is an offence to refuse to give your proper name and correct address to the authorized office or to give a false name or address.

____________

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY COUNCIL ( BELLA VISTA ZONING) BY-LAWS

ARRANGEMENT OF BY-LAWS

1. Short title.

2. Interpretation.

3. Extent of application.

4. Zoning.

5. Requirements for residential zone.

6. Requirements for commercial zone.

7. Subdivisions.

8. Servicing of private vehicles/vessels.

9. Temporary buildings.

10. Encampment prohibited.

11. No mixing, etc., of material on street.

12. Value of building erected.

13. Livestock, pets.

14. Development permit.

15. Responsibility of owner filling lot.

16. Requirement for septic tanks.

17. Demolition of buildings.

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251

18. Occupancy certificate.

19. Use of canal, water way and mooring of boats.

20. Hurricane safety.

21. Fill restrictions.

22. General cleanliness.

23. Regulation of canal/water ways.

24. Designation of new zones.

25. Notice.

26. Penalty.

27. Compliance period.

28. Commencement.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

____________

Belize City CouncilCAP. 85]

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CHAPTER 85

BELIZE CITY COUNCIL ( BELLA VISTA ZONING) BY-LAWS (Section 49)

[9th August, 2003.]

WHEREAS:

(1) the Belize City Council is desirous of regulating and zoning areas for urban development and elevating the standard and quality of life of residents, as well as systematically zoning areas in Belize City;

(2) it is desirable that residential land use and residential building occupancy be controlled in the area of Bella Vista;

(3) it is necessary to regulate all aspects of construction, development, land use and building occupancy, and to control public spaces in Bella Vista;

NOW THEREFORE it is hereby provided as follows:

1. These Regulations may be cited as the

BELIZE CITY COUNCIL (BELLA VISTA ZONING) BY-LAWS.

2. In these Bylaws, unless the context otherwise requires:

“authorised officer” means an officer appointed by name or by office by the Council to carry out the provisions of these Bylaws;

“Bella Vista” means the area situated at 3 ¼ miles on the Northern Highway and which is bounded on the north and east by the Caribbean Sea, to the west by a man-made canal, to the southeast by a man-made canal and to the south

120 of 2003.

Short title.

Interpretation.

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253

by the Northern Highway and includes all the parcels of land contained therein as delineated in the First Schedule to these Bylaws;

“boundary line” means a line or feature, which divides one lot from another or from any street in Belize City;

“building” includes a tent or any structure constructed of any material and for any purpose and any part of a building, of whatever kind or nature, whether temporary or permanent, and every part thereof or ancillary to:

(a) any road, whether public or private, including, in case of a public road, any bridge or culvert on which the road is carried,

(b) any sewer or water main which is, or is to be vested in a public authority,

(c) any telephone line and its supports,

(d) any electricity supply line and its supports which is or is to be vested in a public authority;

“building house” means a building used, constructed or adapted to be used wholly or principally for human habitation;

“building setback” means any unobstructed unoccupied areas of a lot;

“City Council Engineer” means a person appointed as such by the Council;

“Council” means the Belize City Council constituted under the Belize City Council Act;

“commercial vessel or boat” means any sea vessel which is used for the carriage of goods, people or freight by water and for payment of a fee, or that which is

First Schedule.

CAP. 85.

Belize City CouncilCAP. 85]

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licensed as such by the Port Authority;

“commercial zone” means the area classified as such under by law 4 and to which the requirements of these Bylaws shall apply;

“drain” means any channel, conduit, pipe, excavation or installation on a public or private street used to convey or carry storm water runoff;

“develop” means planning or construction involving substantial property, building or structural improvements or the act of using land for the erection of any building;

“fill” means the placement of material such as soil or rock to replace existing material or to create an elevated embankment;

“lot” means any parcel of land described by a number or a letter duly registered under the Lands and Survey Department of the Ministry of Natural Resources, under the Registered Land Act;

“owner” includes the person for the time being receiving the rent of the land or building in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land or building were let, or the person in occupation of the land or building, but does not include a tenant from year to year or for any less term, or a tenant at will;

“permit” means a document issued under these Bylaws granting absolute or conditional permission;

“person” means a natural person or a body corporate or unincorporated or a partnership;

“personal boat” means a vessel used for leisure activities and not for profit or gain;

CAP. 65.

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255

“residential building” means a building which is used or intended to be used, solely for residential purpose;

“residential zone” means an are a classified as such under bylaw 4 and to which the requirements of these Bylaws shall apply;

“septic tank and soak away” means a water tight tank which is designed and constructed to separate solids from liquids and to digest organic matter through a period of detention together with an absorption field;

“street setback” ‘means the measurement between the further most projection of a structure and the street’s right of way line or the property line abutting the street;

“side setback” or “rear setback” means the measurement between the furthermost projection of a structure and that of the property line of the side and rear of the lot on which such structure is located;

“zone” means a certain specified, reserved area properly defined within Bella Vista for residential or commercial buildings and structures, with limitations such as height, lot coverage, building occupancy, construction volume, and other stipulated restrictions.

3. These Bylaws shall apply to Bella Vista in the Belize District.

4. Unless otherwise approved by the Council, the development of Bella Vista and the development of individual lots in Bella Vista shall be classified into a residential zone and a commercial zone.

5. The following shall apply to the residential zone:

(a) no building other than a residential building shall be constructed in this zone;

Extent of application.

Zoning.

Requirements for residential zone.

Belize City CouncilCAP. 85]

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(b) the area of construction shall not exceed fifty percent of the total area of the lot, provided that the total coverage including verandahs, bay windows, and covered garage shall not exceed seventy-five percent of the area of the lot;

(c) building setback in respect of any lot shall not be less than:

(i) 15 feet from street setback,

(ii) 8 feet from side setback,

(iii) 15 feet from rear setback;

(d) building height shall not exceed three stories or thirty-six feet;

(e) building form shall consist of detached family dwelling only;

(f) septic tank and soak away sewer disposal shall be approved by the Public Health Department or Council and shall be at least eight feet or more from any boundary line;

(g) no lot shall contain more than one residential building;

(h) no land use except that for residential use shall be permitted in this zone;

(i) an owner or tenant in this zone shall not engage in any trade, residential or commercial business activity unless such activity is approved for the zone under

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257

the Trade Licensing Act;

(j) there shall be a minimum of two parking spaces for every residential building;

(k) the owner, agent or tenant of any building house shall ensure compliance with the Environmental Protection (Pollution) Regulations with respect to noise emission from such premises.

6. The following shall apply to the commercial zone:

(a) building setback in respect of any lot shall not be less than:

(i) 12 feet from street setback,

(ii) 12 feet from side setback,

(iii) 12 feet from rear setback;

(b) garbage disposal shall be sanitary and be approved by the Council and the Public Health Department;

(c) the area of construction shall not exceed sixty percent of the total area of the lot;

(d) parking space shall be allotted in accordance with the size of the building;

(e) building height shall not exceed 36 feet.

7. No lot in Bella Vista shall be subdivided or combined without the prior written approval of the Council and the Ministry of Natural Resources.

CAP. 66.

S. I. 54 of 1996.

Requirements for Commercial Zone.

Subdivision.

Belize City CouncilCAP. 85]

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8. A resident of Bella Vista shall be allowed to give routine mechanical maintenance service to his personal vehicle or vessel in a zone but this shall exclude the changing of motor or transmission oil.

9. No temporary building shall be erected or used on any part of a lot which, in the opinion of the Council is a nuisance, danger or disturbance to the owners of adjoining lots or which will cause the lot to suffer a depreciation in the market value.

10. No person shall be allowed to encamp upon any part of a lot.

11. No material shall be deposited or mixed on any part of a street except in accordance with a permit from the Council.

12. No building erected in any zone shall be of a value of less than one hundred thousand dollars (BZ$ 100,000.00).

13. (1) No livestock shall be allowed in a commercial or residential zone.

(2) All domesticated pets shall be kept in safe custody at all times and shall not be allowed to roam in public places.

14. (1) Before any land is developed in Bella Vista, the owner of the lot shall apply to the Council to request permission for same in the form specified in the Second Schedule to these Bylaws

(2) Where permission is granted under paragraph (1) above, it shall be in the form of the Third Schedule to these Bylaws.

(3) An owner of a lot shall inform the Council in writing not less than 30 days prior to the proposed date of the commencement of any works.

Servicing of private vehicles/ vessels.

Temporary buildings.

Encamptment prohibited.

No mixing, etc., of material on street.

Value of building erected.

Livestock, pets.

Development permit. Second Schedule.

Third Schedule.

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259

(4) Any person who intends to commence construction of any structure in Bella Vista shall give notice to the Council in the form of the Fourth Schedule to these Bylaws and shall submit plans for same to the City Council Town Planner specifying the commencement date for such construction.

15. (1) Where an owner of a lot fills his lot he shall be liable for any damage caused to streets or public property resulting from the use of heavy duty equipment in carrying out such fill.

(2) The owner of a lot shall ensure the removal of fill material deposited on any street or highway as a direct result of the filling of his lot.

16. (1) All building plans shall be accompanied by a plan for the septic tank and soak away for same.

(2) The owner of a lot shall ensure that every septic tank and soak away is inspected and approved by the City Council Engineer and the Public Health Department or any authorized officer, during its construction, after its completion, and before it is sealed.

(3) Every septic tank and soak away shall be constructed to enable the overflow from the effluent pipe not to discharge or overflow into any gutter or open drain, but into a properly constructed soak-pit which shall be approved by the City Council Engineer.

17. No person shall demolish any building unless:

(a) the owner receives the written approval of the Council; and

(b) the owner notifies the Council at least fourteen days prior to the demolition; and

(c) all property fees in respect of the building are paid

Fourth Schedule.

Responsibility of owner filling lot.

Requirement for septic tanks.

Demolition of buildings.

Belize City CouncilCAP. 85]

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and a written certificate of property fees clearance obtained from the valuations department of the Council.

18. (1) No person shall occupy any building in whole or in part unless a certificate of occupancy in the form of the Fifth Schedule to these Bylaws has been issued by the Council.

(2) The City Council Engineer shall issue a certificate of occupancy to the owner of a building that complies with all specification and safety requirements as stated in any building codes.

19. The owners of personal boats shall be allowed to use the canal system for transit way and no commercial vessel or boat shall be stored or allowed to enter, moor or dock in the canal waterways at any time.

20. No person shall allow his personal boat in the canal, water way or on land after the declaration of a Phase I Stage of an approaching hurricane.

21. The owner of a lot shall not fill his lot higher than three feet above the mean level of the sea.

22. The owner of a lot shall ensure that his lot is maintained free of grass, weeds and litter in a timely manner and to the satisfaction of the Public Health Department or the Council.

23. The Council shall regulate the use of all canals, water ways and shoreline bound by or included in Bella Vista to mitigate disasters and to ensure public health and safety.

24. The Council may from time to time designate new zones or alter existing zones by:

(a) resolution of the Council after consultation with the

Occupancy certificate. Fifth Schedule.

Use of canal, water way and mooring of boats.

Hurricane safety.

Fill restrictions.

Regulation of canal/water ways.

General cleanliness.

Designation of new zones.

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261

residents of Bella Vista; and (b) publication in the Gazette and a national newspaper

of the designation.

25. The City Council Engineer may in the first instance, issue a notice to any person who does not comply with any of these Bylaws requesting compliance with same within a specified time.

26. Any person who contravenes any of these Bylaws after notice has been given in bylaw 25 above, commits an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

27. The owner, agent, or tenant of a lot or building shall comply with the provisions of these Bylaws within one month of its commencement date.

28. These Bylaws shall come into force upon signature.

MADE by the Belize City Council, this 11th day of July, 2003.

(DAVID FONSECA) Mayor

Belize City Council

____________

Notice.

Penalty.

Commencement.

Compliance period.

Belize City CouncilCAP. 85]

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SECOND SCHEDULE (BYLAW 14)

REQUEST FOR PERMIT TO CARRY OUT DEVELOPMENT

NAME ____________________________________________________

ADDRESS _________________________________________________

TELEPHONE NO.___________________________________________

PURPOSE OF PERMIT ______________________________________

STREET TO BE AFFECTED___________________________________

COMMENCEMENT OF WORKS ______________________________

TERMINATION OF WORKS __________________________________

LOCATION TO BE DEVELOPED ______________________________

SIZE OF LOCATION ________________________________________

TYPE OF DEVELOPMENT TO BE CARRIED OUT ________________

DATE ______________________ SIGNATURE ___________________

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263

THIRD SCHEDULE (BYLAW 14)

PERMIT TO CARRY OUT DEVELOPMENT

Permission is hereby granted to _________________________________

to carry out the following development/works ________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

in ________________________________________________________ (give location of works)

(This permit may be subject to conditions which may be attached herewith).

Date of issue ___________________

Valid until _____________________

___________________ City Engineer

Belize City CouncilCAP. 85]

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



FOURTH SCHEDULE (BYLAW 14)

NOTICE OF INTENTION TO COMMENCE WORKS

NAME OF APPLICANT ______________________________________

ADDRESS OF APPLICANT ___________________________________

__________________________________

DATE OF COMMENCEMENT WORKS _________________________

Total cost (at 10 cents per linear feet) ______________________________

Type of material(s) to be utilised _________________________________

Specific location of construction _________________________________

Recommendation of City Engineer/Sr. Town Planner

Approved __________________________

Not approved _______________________

Official notations _____________________________________________

____________________________________________________________

Street and infrastructure to be affected ____________________________

__________________________________________________________

Site clearance at intersection of street _____________________________

__________________________________________________________

Date ______________________ Signature ________________________

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



265

FIFTH SCHEDULE (BYLAW 18)

OCCUPANCY CERTIFICATE

Location of building __________________________________________

Type of building structure ______________________________________

No. of rooms _______________________________________________

Intended number of persons residing in building _____________________

I ___________________________ hereby certify that the above mentioned building complies with all specification and safety requirements and conforms to all public health and other requirements under the applicable laws.

_______________________________ (City Engineer)

Date ___________________________
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