Freeport (Control of Advertisements) Bye-laws

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1967/1967-0052/FreeportControlofAdvertisementsBye-laws_1.pdf
Published: 1967-09-28

Freeport (Control of Advertisements) Bye-laws
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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FREEPORT (CONTROL OF ADVERTISEMENTS)
BYE-LAWS

(SECTION 12)
[Commencement 28th September, 1967]

1. These Bye-laws may be cited as the Freeport
(Control of Advertisements) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“advertisement” means any writing, model, sign,
placard, notice, device or representation,
whether illuminated or not, in the nature of and
employed, wholly or in part for the purpose of
advertisement, announcement or direction and
includes any hoarding or similar structure for
the display of advertisements;

“advertisements permit” means a permit issued under
the provisions of bye-law 7 hereof;

“building” includes any structure or erection and any
part thereof;

“illuminated advertisement” means any advertise-
ment which is designed or adapted to be
illuminated by artificial lighting directly or by
reflection and which is so illuminated for
purposes of the advertisement;

“permissible advertising material” means material for
the purposes of advertisement which is
restricted to the name of the advertiser and a
description of the trade, profession or business
and the place or places where it is carried on set
out in neat and tasteful lettering without general
promotional advertising.

3. These Bye-laws shall apply to the display of all
advertisements attached to land, buildings, walls, trees,
vehicles registered in The Bahamas or on water or in the
air within the Port Area which are visible from any road or
open space to which the public have access for the time
being.

S.I. 52/1967

Title.

Interpretation.

Extent and
application.

CH.29 – 30] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. (1) It shall not be necessary to obtain the prior
approval of the Port Authority for the display of any
advertisement which —

(a) is required or authorised by law;
(b) is displayed by or on the authority of the

Government of The Bahamas or by the Port
Authority;

(c) relates to a parliamentary election in respect of
which a writ of election has been issued;

(d) relates to any person, partnership or company
separately carrying on a profession, business or
trade at the premises where such advertisement
is displayed if it conforms with the standard
pattern for retail and office premises which has
been approved by the Port Authority and is
available for inspection free of charge at the Port
Authority’s office.

(e) relates to any event or other matter of a purely
temporary nature in connection with an activity
promoted for noncommercial purposes by or on
behalf of any local organisation of religious,
educational, cultural, social or recreational
character and which is limited to a display of
advertisements occupying an area not exceeding
a total of six square feet on any premises;

(f) is posted or is otherwise affixed upon any
billboard, hoarding or other similar structure
approved in pursuance of the other provisions of
these Bye-laws by the Port Authority for the
purpose of displaying advertisements;

(g) is displayed on a vehicle and is restricted to
permissible advertising material.

(2) Where any advertisement to which this bye-law
relates is so designed or adapted to be an illuminated
advertisement the same shall be subject to the provisions of
bye-law 9 relating to the illumination of advertisements.

5. Subject to the exceptions mentioned in bye-law
4(1) hereof, no advertisement to which these Bye-laws apply
shall be displayed within the Port Area without the prior
approval of the Port Authority granted in accordance with
these Bye-laws.

Advertisements
for which no
permit is
required.

Advertisements
for which the
approval of the
Port Authority is
required.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

6. Any person who wishes to obtain the approval
of the Port Authority under the provisions of bye-law 5
hereof shall make application in writing to the Authority
stating the proposed size, number, location, material and
particulars of the construction of the advertisement for
which approval is applied. Every such application shall be
accompanied by two representations of the proposed
advertisement drawn to a scale of not less than half an inch
to one foot, and shall be designed by an expert
signwriter or designer.

7. Subject to the other provisions of these Bye-laws,
the Port Authority shall within thirty days from the receipt
of any application in writing containing the particulars
prescribed by bye-law 6 hereof either issue to the person by
whom or on whose behalf the application was made a permit
authorising the display of the advertisement applied for
subject to such conditions as may be stated therein, or, in
case of the rejection of the application, give to such person
written notice specifying the reason for refusal. In every
case the Port Authority shall return one copy of the
representation of the proposed advertisement to such
person.

8. The Port Authority shall not grant an advertise-
ment permit —

(a) unless the Authority is satisfied that —
(i) the content, design and the manner of

display of the proposed advertisement will
not be prejudicial to the amenities of the
Port Area having regard to the general
characteristics of the locality in which the
advertisement is to be displayed;

(ii) the method of construction and proposed
location of the advertisement will not be
prejudicial to public safety; and

(iii) the design of the advertisement and any
supporting structure complies with the
requirements of Chapter 27 of the Freeport
Building Code in relation to loads and
stresses and without being calculated on the
basis of removal of panels during periods of
high wind velocities;

Application for
advertisement
permit.

Grant of permit.

Limitation on
grant of permits.

CH.29 – 32] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) for a period exceeding three years;
(c) in respect of any roof advertisement;
(d) in respect of an advertisement illuminated by

neon, flashing or multi-coloured lighting;
(e) for an advertisement so sited as to be likely to

obscure or hinder the ready interpretation of any
road traffic sign or aid to navigation by air or
water;

(f) for an advertisement which does not comply with the
requirements or which contravenes any of the
restrictions applicable to such advertisement set
out in the Schedule to these Bye-laws.

9. No advertisement displayed anywhere in the
Port Area or in any manner other than within a building
shall be illuminated without the approval of the Port
Authority and such approval may be granted subject to such
conditions and modifications as the Port Authority in its
entire discretion may think fit.

10. Any applicant for the grant of a permit under
bye-law 8 or for approval to illuminate an advertisement
under bye-law 9 who is aggrieved by the decision of the
Port Authority in respect thereto, may within thirty days of
being notified of that decision lodge an appeal with the
Minister who, after taking into consideration any written
submissions of the parties, shall determine the matter.

11. (1) Where any advertisement to which these Bye-
laws apply is displayed within the Port Area on the date on
which these Bye-laws come into operation, the following
provisions of this Bye-law shall apply.

(2) Advertisements displayed with the previous
permission in writing of the Port Authority may continue
to be displayed in accordance with the terms and
conditions of any such permission.

(3) Advertisements displayed without the previous
permission in writing of the Port Authority may continue to
be displayed for a period not exceeding three months from
the date of coming into operation of these Bye-laws
notwithstanding that under the provisions thereof an
advertisement permit is required therefor.

Restriction on
illuminated
advertisements.

Appeal.

Existing signs.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) On the expiry of such period the display of any
such advertisement as is mentioned in paragraph (3) of this
Bye-law shall be unlawful but application to continue its
display may be made under these Bye-laws and the
provisions thereof shall apply thereto as if such application
were for the display of a fresh advertisement.

12. Any person who contravenes or fails to comply
with the provisions of these Bye-laws shall be guilty of an
offence against the Act and shall be liable on summary
conviction to a fine not exceeding one hundred and forty
Bahamian dollars (B$140.00) or imprisonment for a period
not exceeding three months.

SCHEDULE (Bye-law 8(f))

Type of Advertisement Requirements or Restrictions
I. Temporary advertisements on a

building site or in or on a
subdivision.

1. Maximum area thirty-two
(32) square feet

2. Shall be removed
immediately after
completion of the building
or when the subdivision is,
in the opinion of the Port
Authority, substantially
developed.

II. Temporary directional
advertisements.

1. Maximum area eight (8)
square feet with a
maximum dimension of
five (5) feet.

2. Shall contain only
permissible advertising
material.

3. Shall be removed at forty-
eight hours written notice
from the Port Authority.

III. Projecting Advertisements 1. Shall be properly secured
to the wall and hung in
such a manner as to
prevent their being
unsecured during periods
of high wind velocities

2. Shall not project over any
road or be nearer than
three (3) feet to nearest
edge of a road.



Offences.

CH.29 – 34] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]


3. Minimum height of seven

(7) feet six (6) inches
measured vertically above
floor level.

IV. Freestanding Advertisements. 1. Maximum area of fifteen
(15) square feet with a
maximum dimension of
seven (7) feet.
Read Entire Law on laws.bahamas.gov.bs