Key Benefits:
31. Trees
(1) No person, other than an employee of the council in the performance of his functions as such, shall, without the written permission of the council, fell or damage any tree or shrub in any street or public open space within the township.
(2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 or in default of payment to imprisonment for a term not exceeding six months.
(1) No person shall, within the township-
(a) operate or cause or permit to be operated any wireless, record player, loudspeaker, amplifier or similar device to the annoyance of the occupants or inmates of any premises in the neighbourhood;
(b) without the written permission of the council, operate any wireless, record player, loudspeaker, amplifier or similar device or play any musical instrument for the purpose of advertising in or adjacent to any street;
(c) continue to make any loud or unseemly noise or disturbance by shouting, screaming, yelling, blowing upon any horn or other instrument or beating upon any drum or other instrument so as to annoy or disturb or interfere with the rest, peace or tranquillity of the inhabitants or a section of the inhabitants of the neighbourhood, after having been requested to desist from so doing by a police officer or by an inhabitant of the neighbourhood so annoyed or whose rest, peace or tranquillity has been so disturbed or interfered with;
(d) in any street or other public place-
(i) continue to ring any bell, sound any horn, blow any whistle, use any noisy instrument or shout; or
(ii) continue to hawk, sell or distribute any article or thing whatsoever,
to the annoyance, disturbance or inconvenience of any person using the street or other public place, after having been requested to desist from so doing by a police officer or by any person so annoyed, disturbed or inconvenienced; or
(e) for the purpose of carrying on any business, trade or industry, use, between 5 p.m. and 7.30 a.m. or on any Sunday or on any public holiday recognized in the business, trade or industry in question, any machinery creating a noise which is offensive, constitutes a nuisance or disturbs the comfort or peace of the inhabitants or a section of the inhabitants of the township.
(2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding 21 days or in the case of a second or subsequent offence to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.
(1) No person shall, without the written permission of the council, in any street or other public place or from premises to premises within the township, collect or solicit money for the benefit of any charitable or other purpose.
(2) In giving its permission for the purposes of this bye-law, the council may attach thereto such conditions as it thinks desirable.
(3) Any person who contravenes this bye-law or any condition attached by the council to its permission given for the purposes of this bye-law or is knowingly a party to such a contravention shall be guilty of an offence and liable to a fine not exceeding P200 or in default of payment to imprisonment for a term not exceeding six months.
34. Protection of common property
(1) No person shall cause any damage to any property within the township to which the inhabitants thereof have a common right.
(2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding 21 days or in the case of a second or subsequent offence to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.
(3) Where a person is convicted of an offence under this bye-law, the court so convicting him may, in addition to or in substitution for any punishment, order him to pay compensation for the damage caused, which compensation shall be paid to the council and used by it to rectify the damage.
(4) For the purpose of determining the amount of compensation to be awarded under this bye-law or the liability of the convicted person therefor, the court may refer to the proceedings and evidence at the trial or hear further evidence upon affidavit or verbal or the amount of compensation may be awarded by the court in accordance with an agreement reached between the convicted person and the council.
(5) Where a court has made an order under this bye-law for the payment of compensation, the order shall have the effect of a civil judgment of that court against the convicted person in favour of the council.
35. Powers of entry, inspection and questioning
(1) The Town Clerk, the council's health inspector or any other member, officer or employee of the council authorized by it in that behalf may, at any reasonable time enter any lot or premises within the township on which he has reasonable cause to suspect that a contravention of these Bye-laws has been, is being or is about to be committed and may, for the purpose of ascertaining the true state of affairs in that respect, inspect the lot or premises and require any person he finds thereon immediately to submit to questioning.
(2) A person of whom a requirement has been made under sub-bye-law (1) shall comply with that requirement and answer truthfully and to the best of his knowledge every question put to him by the person who made the requirement for the purpose of ascertaining whether or not a contravention of these Bye-laws has been, is being or is about to be committed on the lot or premises in question:
Provided that no such person shall be obliged to answer any question which might tend to incriminate him or render him liable to any forfeiture or penalty.
(3) Any person who contravenes this bye-law or hinders or obstructs the Town Clerk, the council's health inspector or any other member, officer or employee of the council in the exercise of a power conferred on him by this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.
