Citation
These By-laws may be cited as the town council of Taveta (Advertisements) by laws 2008.
Interpretation
1. In these By-laws unless the context otherwise requires:-
“Advertisement” includes any notice, bill board, placard, poster, print, picture and any other private, or written, advertisement matter.
“Advertising device” includes any board, frame work screen, signboard, flag, banner or lamp or need signs or any other fixtures or device used or constructed for the purpose of advertisement;
“Council” means the Town council of Taveta.
“Permits” means permits issued under the provision of By-laws 4 of these By-laws.
“town clerk” means the person for the time being holding the office of the town council clerk of Taveta, his deputy and any other officer of the council authorized by the worn clerk in writing for purpose of thee By-laws.
2. Any person who in or in view of any street or public place, erects, fixes, places, maintains displays or uses or permits to be erected, devise without first obtaining a permit, or otherwise than in accordance with the terms and conditions of permit shall be guilty of an offence against these by laws.
3. (1) Every application for a permit shall be made in writing to the town clerk ands hall be accompanied by a plan or sketch showing the satisfaction of the town clerk, the position the proposal advertising device or notice, its dimensions and the method of execution and stating the material of which it is to compose of constructed, its colour and such other information as the council may require.
(2) The council may refuse a permit in any case where, in its opinion, he display of an advertisement o the use of an amenities of, or to disfigure, any neighborhood or for any other reason it may think proper, or may grant a permit subject to such terms and conditions relating to the construction, nature and creation of advertising devise as it may think fit.
4. There shall be paid to the council in respect of every permit issued under this by-law, the appropriate fees as determined by the council from time to time.
5. Every permit issued under these By-laws shall expire on the 31st day of December of the year for which it is issued unless canceled prior to such expiration.
6. The council may at anytime by Notice to holder thereof, cancel a permit for contravention of any of the items and conditions thereof or any of the provision of these By-laws or wherein its opinion the continued discipline of any advertisement or use of any advertisement device would likely to injuriously the amenities of or to disfigure any neighbor hood of for any other reason it may think fit.
7. Any person who, being the holder of a permit, fails to maintain in good repair and in a proper and safe conditions any advertising devise authorized there under shall be guilty of an offence against these By-laws.
8. (1) Any person to whom it may be granted a permit under these By-laws shall on demand at any reasonable time produce such as permits to the town clerk or to any police officer.
(2) Any person who contravenes or fails to comply with the provisions of these By-laws shall be guilty of an offence against these By-laws.
9. The town clerk may without notice cause to be removed or put down and disposed of any advertising devise erected, fixed, placed, maintained, displayed or used in contravention of these By-laws.
10. Nothing in these By-laws shall apply to:-
(a) Public notices exhibited at places of public worship and hospitals.
(b) Advertisement within the windows of premises, the name and business of the person occupying such premises.
(c) Name of boards of reasonable dimensions relating to private residential premises.
11. Any person who is guilty of an offence under the provisions of these By-laws shall be liable:-
(a) In the case of a first conviction for such offence, to a fine not less than two thousand Kenya shillings, or imprisonment for a term not less than six months, or to both such fine and imprisonment; or
(b) In the case of a second or subsequent conviction for such an offence, to a fine not less than three thousand Kenya shillings or imprisonment for a term not less than nine months or to both such fine and imprisonment.
