PART 1 – PRELIMINARY
Citation
1. These By-laws may be cited at the Town Council of Taveta (General Nuisance) by laws 2008.
Interpretation
2. In these By-laws unless the context otherwise requires
“Council” means the Town Council of Taveta
“Medical Officer of Health” means the person for the time being holding the office of Medical Officer of Health of the Council, and includes his deputy and the chief public Health Officer;
“Public Street” means a street maintained by the council;
“Street” includes any land reserved for a street and nay open space to which the public has access;
“Clerk” means the person for the time being holding the office of the Town Council of Taveta his deputy and any other officer of the council authorized by the clerk in writing for the purpose of these By-laws.
“Permit” may be referred to as license fee or charge and include a council receipt issued for a purpose and period.
PART II – GENERAL NUISANCE
3. Any person who:
(a) In any street or in any shop, business premises or any other place adjoining any street to which the public are admitted; or
(b) Upon any other premises;
Plays, operates, causes or allows to be played or operated any musical instrument, wireless, gramophone, amplifier or similar instrument, thereby making, causing or authorizing noise to be made, which is so loud continuous or repeated as to constitute a nuisance to the occupants or inmates of any premises in the neighborhood or to passers by on the street, shall be guilty of an offence provided that no prosecution shall be instituted against any person for any offence under this by-law in respect of any premises referred to in paragraph (b) of this by-law unless the nuisance remains unabated after the expiration of seven days from the date of the service on such person of a notice signed by the clerk notifying him of the nuisance.
Noisy Building Operations
4. Any person who, in connection with the building operations demolition or road construction or reconstruction works causes or allows to be made noise which is so loud and continuous as to constitute a nuisance to the occupant of any premises in the neighborhood shall be guilty of an offence.
Noisy Trades and Industrial Operations
5. Any person who, in any part of the Town Council, other than the industrial or light industrial zones as specified in any by-law of the council for the time being in force, in connection with any trade or industrial process causes or allows to be made any noise which is so loud, continuous or repeat as to constitute a nuisance to the occupants of any premises in the neighborhood shall be guilty of an offence
6. (1) Any person who erects or authorizes the erection of any barbed wire alongside a street without the prior written consent of the clerk shall be guilty of an offence.
(2) The Council may serve a notice upon the owner or occupier of any land or building upon which any barbed wire has been erected in contravention of paragraph (1) of this by-law requiring such person with a period specified in such notice, to remove such barbed wires.
(3) Any person who fails to comply with the requirements of a notice served under paragraph (2) of this by-law shall be guilty of an offence.
Deposit of Debris
7. Any person who, without lawful authority, deposits or causes or permits to be deposited any oil, vegetation, refuse or debris on any land in the township shall be guilty of an offence.
Nuisance by Animals
8. Any person who, keeps within the town area any animal or poultry which is a nuisance of any of the residents in the neighborhood shall be guilty of an offence provided that no prosecution shall be instituted against any person for an offence under this by-law unless such nuisance is continued after the expiration of fourteen days from the date of the service on such person of a notice signed by the Town Clerk notifying him of the nuisance.
Game Animal
9. (1) Any person who, except with the written permission of the Clerk and subject to such conditions as he may deem fit, keeps within the Town area a game animal, reptile (other than a lizard) an ass, mule, ox, bull, cow, goat, sheep or pig shall be guilty of an offence.
(2) Any person who has his control or in his custody:-
a) Any game animal, a reptile, an ass, mule, bull, goat, sheep or pig which causes a nuisance or annoyance to any of the residents of the area; or
b) Any animal, reptile, poultry or bird which wanders on a street in such a manner as to cause obstruction, or inconvenience to traffic, shall be guilty of an offence.
(3) Any person who, except with the written permission of the clerk and subject to such conditions as he may deem fit, permits an animal to graze within the town area shall be guilty of an offence.
For the purpose of this By-laws:-
a) “Game animals” means an animal specified in the first schedule to the wildlife not indigenous to Kenya.
b) “Poultry” includes fowls, turkeys, geese and ducks.
PART III - ROAD AND STREETS
Encroach Hedges and Trees
10. (1) Where, in the opinion of the council, any hedge, tree or other growth is so placed or in such conditions as:-
a) To be a danger to any person or vehicle using a street, or
b) To interfere with:
(i) The view along any street or from one street into another or
(ii) The use of the street by pedestrian or vehicular traffic.
The council may serve a notice on the owner or occupier of the land on which such hedge, tree or other growth is situated requiring him within such period of time not being less than fourteen days, specified in such notice, to have the hedge, trees or other growth hoped, trimmed or removed.
(2) Any person who fails to comply with the requirements of a notice served in accordance with paragraph (1) of this by-law, shall be guilty of an offence.
(3) Without the prejudice to any prosecution which may be instituted under paragraph (2) of this by-law the council may on the expiration of the period of time specified in a notice served under paragraph (1) of this by-law enter upon any land owner or occupied by the person upon whom such notice was served and execute any of the specified in such notice, and any expenses incurred by the council shall be recovered as anvil debt from such a person.
Encroached Structures
11. (1) Any person who, without lawful authority or the consent of the clerk given in writing, erects or permits the erection of any structure in such a position that it is sited in or protrudes over a street shall be guilty of an offence.
(2) For the purpose of this by-law “Structures” includes a machine, pump, post or other object capable of causing an obstruction to passenger or a vehicle in a street.
(3) The provisions of this by-law shall not apply to any structure approved by the council under any By-laws of the council for the time being in force.
12. (1) No person shall attach, hand or erect or permit the attachment, hanging or erection of any object to, from or alongside any premises in such a manner that it produces over or into a street without a permit so to do from the council or otherwise than in accordance with any conditions attached to any such permits.
(2) A permit issued under this by-law shall expire on the 31s t day of December the year in respect of which it is issued.
3) Every person to whom a permit is issued under this by-law shall pay to the council a fee as per the latest gazetted fees and charges by the council.
4) The Town clerk may serve a notice on the owner or occupier of any premises to, from or alongside which an object has been attached, hung or erected in contravention of paragraph (1) of his by-law requiring the removal of such object within a period specified in such notice.
5) Any person who contravenes or fails to comply to a permit issued there under or a notice served under, the provisions of paragraph (4) of this by-law shall be guilty of an offence.
6) The provision of this by-law shall not apply to an advertisement licensed or permitted under any By-laws of the council for the time being in force, or to any structure approved by the council under such By-laws.
13. (1) Where in or on any land adjoining a street, there is an unfenced or inadequate fenced source of danger to persons using the street, the council may by notice to the owner or occupier of that land, require him, within such time (not being less than seven days) as may be specified in the notices to execute such works of repair, protection, removal or enclosure as will obviate the danger.
(2) Any person, who fails to comply with a notice served under paragraph (1) of this by-law within the time specified in such notice, shall be guilty of an offence.
Damages and Obstruction
14. Any person who:-
(a) Willfully obstructs the free passage from, into or along any street;
(b) Willfully or negligently damages or destroys the surface of any public street;
(c) Pulls down, destroys any tree, shrub, flower plant or grass on land forming part of at Public Street.
(d) Disturbs damages or destroys any barrier, fence or other erection or any trestles, lamp, stone or other material placed on a street by or by order of the council.
(e) Willfully or negligently pulls down, damages or destroys any lamp standard or Ballard in street or damages or removes any bulb of fitting attached thereto shall be guilty of an offence.
Defecting Building
15. Any person who, without lawful authority, defaces any building by any wirings, signs or other marks shall be guilty of an offence.
Breaking surface Of the public street
16. (1) Any person who, without lawful authority breaks up or authorizes the breaking up of the surface of a public street, without the written permission of the person for the time being holding the office of town engineer, shall be guilty of an offence.
(2) Any person ho contravenes or fails to comply with any conditions attached to a permit granted under this by-law shall be guilty of an offence.
Obstruction
17(1) Any person who leaves or allows or causes to be placed or left in a street any vehicle, article, or materials in such a manner as to cause an obstruction to person or vehicles using the street shall be guilty of an offence.
(2) The council may remove any vehicle or article or material which has been placed or left in a street in contravention of this by-law and impound the same.
Pound Fees
18. (1) The owner of a vehicle, article or material removed from a street under by-law 17 of these By-laws shall pay to the council, a fee as per the latest gazetted fees and charges by the council together with, the expenses incurred by the council removing and impounding the same.
(2) If the owner of a vehicle, article, or material does not pay the fee and expenses due and payable under paragraph (1) of this by-law within a period of sixty days from the date the vehicle, article or material was impounded, the council may sell or otherwise dispose of the same and the proceeds of such sale or disposal, if any shall be set off against any outstanding fees and expenses, incurred by the council in removing or disposing of the vehicle or article or material.
20. Any person who, in any street:-
(a) ignites fireworks
(b) without the permission of the town clerk in writing and for the purpose of hawking, selling distributing and advertising any article shouts or uses any bell, gong, or other noisy instrument or loudspeaker;
(c) without the permission of the town clerk in writing draw, wheel or drive any vehicle or carry any board or placard or exhibiting advertisement;
(d) without the permission of the town clerk in writing and for the purpose of advertising distributes any bill or other paper;
(e) Without lawful authority deface the footway or roadway by writing or other marks.
(f) Place or deposit and leave any glass, china earthenware, times, carton, paper, sawdust or other rubbish so as to create or tend to create litter;
(g) Throw down or leave any orange peel, banana skin, or other substance likely to cause a person to fall down;
(h) To the inconvenience or danger of any person carry of convey any bag of lime, charcoal, or other offensive material, timber or any pointed or edged tools or implements whilst not properly guarded.
(i) Play any game in such manner as to cause like hood of damage to property, or danger to any person;
(j) Ride, drive or propel a vehicle on a footpath;
(k) Spit on any footpath or blow his nose otherwise than into suitable cloth or tissue;
(l) While being in charge of any dog, allow such a dog to foul any foot path;
(m) Wash any vehicle or except in the case of an emergency, repair or dismantle any vehicle;
(n) Except in the case of an emergency, sound any motor horn, cycle bell or similar warning instrument;
(o) Without the consent of the clerk, light or maintain or suffer to be lit or maintained any fire or brazier;
(p) In the central area, as defined in any By-laws of the council for the time being in force, ride or drive any animal on a footpath, shall be guilty of an offence.
Vehicle Loads
20. Any person who drives or permits to be driven any vehicle so loaded that its contents or any part thereof spill onto the surface of a street shall be guilty of an offence.
Loitering on council property
21. Any person who loiters on any council property, other than a street or in a residential street or in a residential property, without lawful authority shall be guilty of an offence.
Loitering in Adjoining car Parks
22. Any person who loiters in or in an area adjoining car parks without lawful authority shall be guilty of an offence.
PART IV – CARRIAGE OF FOOD
Definition of Open food
23. In this part “open food means food not contained in a container of such materials and so closed as to exclude all risk of contamination
Convergent of Open Food
24 (1) Any person who in connection with any trade or business, with any trade or business, conveys in or on a vehicle or who permits to be so conveyed any open food in a manner likely to involve the risk or contamination shall be guilty of an offence.
(2) The owner of any open food which is carried in a vehicle in contravention of paragraph (1) of this by-law shall be guilty of an offence.
Personal Cleanliness
25(1) Any person engaged in the handling and storage of conveyance of open food in connection with any trade or business shall whilst so engaged:-
(a) Keep as clean as may be reasonably practicable all parts of his person which are likely to come into contact with food;
(b) Keep as clean as may be reasonably practicable all parts of his clothing which are likely to come into contact with food;
(c) Keep any cut or abrasion on any exposed part of his person covered in a suitable and clean water proof dressing;
(d) Refrain from smoking;
(e) If the food is meat, wear a white garment of a pattern approved by the medical officer of health.
(2) Any person who contravenes or fails to comply with any of the provisions of paragraph (1) of this by-law shall be guilty of an offence.
PART V – MISCELLANEOUS PROVISIONS
Notices
26 (1) Except where otherwise specifically provided in these By-laws, any notice, permit or consent which the council is authorized or required to give may be signed on behalf of the council duly authorized by him to sign such notice or consent.
(2) Any notice, permit or consent bearing the signature of the clerk shall for the purpose of these By-laws be deemed, until the contrary is provided, to have been duly issued by the Council.
(3) Any notice or other document required or authorized by or order these By-laws to be served on a corporation shall be duly served if served on the Secretary of other principal officer of the corporation.
(4) Where any premises are jointly owned or occupied by more than one person, a notice required or authorized to be served b or under these By-laws in respect of such premises shall be duly served to any person may be served on any one.
(5) Any notice or other documents required or authorized by or under thee By-laws to be served on any person may be served whether:-
(a) By delivering it to that person; or
(b) By leaving it at his proper address;
(c) By registering post addressed to him at his proper address.
(6) For the purpose of this by-law the proper address of any person shall, in the case of a corporation be registered or principal office of the corporation, and in any other case, the usual or last known place of abode or business of the person on whom the notice is to be served.
(7) If the name or the address of an owner or occupier of premises upon whom any notice is to be served cannot, after reasonable inquiry, be ascertained, the notice may be addressed to the “owner” or “occupier” of the premises to which the notice relates and delivered to some responsible person found on the premises, or fix such notice, or a copy of it, to some conspicuous part of the premises.
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.