PART 1 - INTRODUCTION
1. Citation
Interpretation
These By-laws may be cited at the Town Council of Taveta (Conservancy) by laws 2008
In these By-laws unless the context otherwise requires
‘Council’ means the Town Council of Taveta
‘Dwelling’ means a building designed or used for the purpose of human habitation but does not include a hotel and restaurant Act.
‘Medical officer of Health’ means the medical officer of health for the time being in charge of Taveta sub-district and includes a public health officer;
‘Premises’ includes a dwelling and a hotel;
‘Receptacle’ means a bin provided by the council for the deposit of refuse and includes the lid;
‘Refuse’ includes garbage, tins, bottles, ashes and sweeping from premises but does not include liquid refuse, garden stale fuse or waste products from a factory or workshop;
‘Clerk’ means the person for he time being holding the office of the clerk to town council and any person authorized in writing by him for the purpose of these By-laws;
‘Contractor’ means any person or organization contracted by the council to undertake any of the functions in these By-laws privately;
‘Town area’ means the area within the boundaries of the Town council of Taveta;
‘Trade refuse receptacle’ means receptacle with a volume of not less than 33 cubic feet;
‘Waste water’ means any water which passes from any premises into a tank, pit, drain or sewer from any closet, bath or wash basin situated or appendant to such premises.
PART II REFUSE COLLECTION
Receptacles
3. (1) If in the opinion of the medical office of health any premise have in sufficient number of receptacles for the amount of refuse derived there from, he may serve a notice in writing to that effect specifying the time within which the notice shall be complied with on one or more of the occupiers thereof and may arrange for such number of receptacles as he deems requisite to be left at the premises.
Use of Receptacle
(2) Any person who fails to comply with a notice issued under paragraph (1) within the time specified in the notice shall be guilty of an offence.
4. (1) All refuse for disposal shall be placed in a receptacle for collection by the councils refuse collection service.
(2) Any person who places or causes to be placed in receptacle any liquid refuse or un extinguished ashes or other material likely to catch fire shall be guilty of an offence.
(3) Any person who places or causes to be placed in a receptacle any liquid or solid matter likely to cause injury to any person with whom it comes into contact shall be guilty of an offence.
(4) Any person who willfully damages a receptacle shall be guilty of an offence.
(5) The occupier of any premises shall, except when the council refuse collection service is in attendance, a case the receptacle appendant to such premises to be kept in a position approved by the medical officer of health and closed except when refuse is being deposited therein.
1. (1) All refuse deposited in a receptacle shall until it is emptied by an employee of the council be deemed to remain the property of the occupier of the premises to which the receptacle is appendant.
(2) Any person who without lawful authority willfully interferes with or empties out the contents of a receptacle shall be guilty of an offence.
2. (1) The occupier of any premises or part thereof in respect of which refuse removal service is provided by the council shall pay to the council a fee as per the latest gazetted fees and charges in respect of each receptacle appendant to such premises or part thereof.
(2) The occupier of any premise in respect of which the council has provided one or more trade refuse receptacles shall pay to the council a fee as per the latest gazetted fees and charges by the council for the hire of each such receptacle together with a further fee for the service of emptying each receptacle.
PART 111 – WASTE WATER
Charge and hire of Receptacle
7. The occupier of any premises which are connected to the council’s sewerage system shall pay to the council in respect of the use of such system a fee as per the council latest gazetted fees and charges per cubic meters of water consumed on those premises.
8. The occupier of any premises on which there is a bucket or a pail placed in use shall pay the council a fee as per council latest fees and charges per month for the service of emptying each bucket of pail in excess of one.
9. The occupier of any premises other than a dwelling from which waste water passes into a waste water pit or conservancy tank shall pay to the council in advance deposit and any cumulatively fee as per the council latest fees and charges per machine hour in respect of attendance of the premises by the council’s exhauster vehicle for the purpose of emptying such pit.
Pail or Bucket
10. The occupier of any dwelling from which waste water passes to a waste water pit or conservancy tank, shall pay to the council a fee as the council latest fees and charges per month for a regular service of emptying such pit or tank.
Non
Domestic
11. The occupier of any premises from which waste water passes through a septic tank shall pay to the council in advance a deposit and a cumulative fee as per the councils latest fees and charges per machine hour for each attendance at those premises by the councils exhauster vehicle for the purpose of emptying such tank.
Domestic Waste Water
12. The occupier of any dwelling from which waste water passes to a waste water pit who has not agreed to accept the regular service of emptying the pit mentioned in By-laws 10 shall pay to the council in advance a fee as per the council latest gazetted fees and charges in respect of each attendance at the premises by the council’s exhauster vehicle for the purpose of emptying the pit.
Septic Tank
13. Where premises have remained unoccupied for a period of not less than 30 days, the council may, on receipt of written applications in that behalf by the occupier thereof, make a refund or allowance in respect of any fees which may accrued during such period under this part.
Recovery of Fees
14. (1) The fees specified in this part may be recovered by the Council from the Occupier of the premises concerned in any court competent jurisdiction.
(2) Every occupier shall be bound by the entry in the books and register of the Council relating to services rendered and any extracts from such books and registers certified by the Town Clerk shall, in any action for recovery of fees under this part, be prima facie evidence of the services rendered and he amount due.
15. For the purpose of this part the person, if any who has entered into any agreement to pay for water supply to premises from the council shall be deemed to be the occupier of such premises.
16. PART IV – MISCELLANEOUS
17. Any notice to be served on any person under by law 3 of these By-laws shall be served by delivering it to that person or by sending in it by registered post to his last known address in Kenya.
Serving Notice
18. The Council may contract out any of the functions the subject of these By-laws but shall retain the authority to prosecute the offenders under these By-laws on behalf of such a contractor.
19. (1) 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 exceeding two thousand Kenya shillings, or imprisonment for a term not exceeding 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 exceeding three thousand Kenya shillings, or imprisonment for a term not exceeding nine months, or to both such fine and imprisonment.
(2) The court may in addition to the penalty specified in paragraph (1) order the accused to pay all the money that he owed the council or meet all or part of any charges incurred by the council at the time of certifying any fault caused by him.
(3) All offences under these By-laws shall be recognizable to all police officers, council askaris and other authorized council officers.