Citation
1. These By-laws may be cited as the town council of Taveta (Parking Places and Omnibus Stations) by laws 2008.
Interpretation
2. In these By-laws unless by the context otherwise requires
“Town clerk” means the person for the time being holding the office of the Clerk of the Town Council of Taveta, his deputy or any other person authorized by him for the purpose of these By-laws;
“Council” means the Town Council of Taveta;
“Omnibus” means a public service vehicle having seating accommodation for more than seven passengers exclusive of eh driver, and includes any motor car having seating accommodation of not more than ten passenger exclusive of eh driver, whether or not such vehicle is licensed to be a public service vehicle.
“Omnibus station” means any of the Omnibus stations provided by the Council and indicated as such by a sign for affording facilities for the arrival and departure of Omnibus;
“Permit” may be referred to as license, fee or charge and includes council receipt issue for a particular purpose and period.
“Fees or charges” shall be those latest gazetted at any point of time.
“Park” means to draw up a vehicle and leave the same stationery in a street or other public place for a continuous period exceeding five minutes;
“Vehicle” includes any motor vehicle, tractor, trailer, wagon, hand-cart, pedal bicycle and any other motor or manual or electric vehicle.
Omnibus to Start and finish at Station
3. (1) No driver of an omnibus when carrying a passenger for hire or reward shall without prior written permission of the town clerk start or terminate any journey at any place other than an omnibus station.
(2) Any person who contravenes the provisions of this by-law shall be guilty of an offence.
Parking places
4. (i) No omnibus whilst being piled for hire or reward shall, without permission of the Town Clerk be packed at any place other than an omnibus station; provided that nothing in this by-law shall apply to any place appointed as such of the Traffic Act.
(ii) Any person who contravenes the provisions of this By-laws shall be guilty of an offence.
5. When six or more person are waiting to enter an omnibus at any omnibus station, they shall form a queue and any person who enters or attempts to enter an omnibus ahead or any person in such a queue shall be guilty of an offence.
6. (a) No person who is at an omnibus station shall willfully and unreasonably impede any other person seeking to enter an omnibus or to alight there from;
(b) Enter, alight or attempt to enter or alight from an omnibus otherwise than by the door or opening provided for the purposes of entering or alighting from an omnibus;
(c) (i) Willfully and unreasonably obstruct or impede any authorized person in the performance of his lawful duty.
(ii) Any person who contravenes the provisions of this By-laws shall be guilty of an offence.
7. (i) An owner of an omnibus shall pay to the Council in Advance the appropriate fees and charges prescribed in the council’s latest gazetted list of fees and charges before entering the omnibus station.
(ii) Subject to paragraph (2) of this By-laws any person who drives an omnibus into an omnibus station when the fees or charges due in respect thereof has not first been paid, shall be guilty of an offence.
8. (i) There shall be no parking of vehicles on roads and any other places other than the places set aside and approved by the council as parking places arranged and designated for it by the Council or by a person so contracted by the Council.
(ii) No person shall draw up or park any vehicle on any road otherwise than in circumstances outside his control:-
(a) Where parking is prohibited
(b) Otherwise than in accordance with sign; or
(c) For a longer period than allowed.
(iii) No person shall, except in an emergency park, construct, repair, take down, assemble or wash, polish or clean any vehicle, or part thereof, in any parking place or in an omnibus station in such a manner as to cause an obstruction.
(iv) Any person who contravenes the provisions of this by-law shall be guilty of an offence.
9. (i) No person shall park any broken vehicle on any parking place or omnibus station except in an emergency and in such a case the vehicle shall be removed from parking place or omnibus station within forty eight hours.
(ii) Any person who contravenes the provisions of this By-laws shall be guilty of an offence.
10. Any person who obstructs any Council official on his / her official duties shall be guilty of an offence. Any person who contravenes any of the below By-laws (ii) to (xiii) shall be guilty of an offence under these By-laws.
(i) The Council may set aside more site(s) within its boundaries as omnibus station and may as well arrange both the roads authority on the ground to allow it use part of any road as an omnibus station, each omnibus shall have stop at each omnibus station for at least two minutes, provision of clause (vi) of these By-laws not withstanding.
(ii) Each Omnibus shall have its own lawful driver(s) cashier(s) and turn person(s) provided and contracted by the omnibus owner(s) for among other duties arising passengers and then entering and alighting into and from their omnibus in a proper, orderly and safety manner.
(iii) No any other person other than the council or a person so contracted by the council shall carry out any administrative or management role in any omnibus station within the council boundaries.
(iv) All prohibited action in a public market as specified in public markets By-laws 13 and other prohibited practices as specified in General Nuisance By-laws 27 both of the council shall be prohibited actions in any omnibus station within the council boundaries.
(v) Each omnibus shall only enter and leave the omnibus station through places designated for its entry and exit respectively.
(vi) Each omnibus shall enter, park and leave the omnibus station in an orderly manner as prescribed by the council or by person contracted by the council.
(vii) No omnibus shall stand or move in any other place(s) in the omnibus station other than the place(s) so arranged and designated for its by the council’s contracted person.
(viii) The council may bar any omnibus form operating in any place within the Town omnibus station included if the side omnibus lacks required licenses or it is unroadworthy or its driver(s), cashier(s) or turn person(s) or its owner(s) do not obey any of the council’s By-laws.
(ix) Any vehicle operating as an omnibus within the council boundaries must have all the required licenses/ permits and be legally road worthy, overloading or over speeding or the contravention of any provision of any Act of Kenya parliament or any council By-laws by omnibus owner(s) or driver(s) or cashier(s) or turn person(s) of omnibus is prohibited.
(x) Any unlawful action by any omnibus or its owner(s) or its driver(s) or its turn person(s) or its cashier in relation to the said omnibus operations in any place(s) and at any point of time within the council boundaries shall be an illegal act committed jointly by its said owner(s), drivers(s), Cashier(s) and turn person(s) and any of these persons may be charged for the said illegal or jointly or separately.
(xi) The council omnibus station charges shall be per each omnibus entry with an omnibus station and as per the latest gazetted council fees and charges.
(xii) The Omnibus owner(s), driver(s), cashier(s) and turn person(s) shall be either jointly or separately responsible for paying the said fees and charges referred to in By-laws 11 (xii) above and they may be jointly or separately charged for failing or refusing to pay the said entry fee/charges.
(xiii) Provisions of all acts of Kenya parliament shall apply in the Town Council
11. Any person who obstructs any council official on his/her official duties under these By-laws shall be guilty of an offence.
Penalty
12. 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.
(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.