Citation
1.  These By-laws may be cited as the Town Council of Taveta (Second-hand Goods) By-laws, 2008.

Interpretation
1.  In these By-laws, unless the context other wise requires:-

“Clerk” means the person for the time being holding the office of the Town Clerk and any person authorized in waiting by him for the purposes of these By-laws;
“Council” means the Town Council of Taveta.
“Permit” includes a license;
“Police Officer” includes administration police officer, Kenya police officer, or Council enforcement official:
“Second Hand Goods” includes bottle, sacks, bones, tins and clothes etc. for the purpose of carrying on trade by sale of second hand goods, to place one self in any Town Council area or public place or unenclosed land other than in shop premises approved as  such by the Council,  or to go about in the Town Council area or public places or form premises to premises.

2.  Any person who:-

(a)      Sell in the Town Council area without a permit

(b)      Being the holder of a permit sells in Town Council area otherwise than  in accordance with terms and conditions thereof, shall be guilty of an offence.

3.  Every application for permit shall be made to  the town clerk On a form issued by him for that purpose, and the applicant  shall furnish the clerk to council with particulars of his place of abode.
The commodity he intends to sell and the place or places at which he intends to engage in second hand- goods.

4.    (i) The Council may in it’s discretion, upon receiving the
      appropriate fee as per the approved single Business permit
      fee schedule for the Council, issue under the hand of the Town
      Clerk a permit permitting the person named herein to engage
      in selling second hand goods subject to such terms and
      conditions, as may be specified by the Clerk.

    (ii) Not with standing anything contained in by –law (4) of these
           By-laws a permit may be restricted to a particular area or
            place, and may be issued in respect of specified second hand
          goods.

5.    (i)     Every person required by these By-laws to hold a permit shall
     whilst engage in selling second hand goods carry the permit
     with him and produce it on demand to a police officer,
     enforcement officer, or council enforcement officer or
     Council enforcement official, or to duly authorized permitting
     officer of the Council, and shall have a photograph
     (passport size) duly endorsed by the Clerk fixed in his permit
     and shall keep it in a conspicuous place, the permit relating to
     his business.

(ii)Any police officer, or the Clerk may inspect any article which
     he has cause to believe is being sold contrary to these By-laws
     for the purpose of selling second hand goods.

           (iii) Any person who obstructs, hinders or otherwise interferes with
       any police officer, or the Town Clerk in the execution of his
        duties under these By-laws, or who fails to comply with these
        By-laws, shall be guilty of an offence.

6.                The Council may in it’s discretion up on receipt of appropriate
    fee therefore prescribed in the latest gazetted fees and charges for the  
    Council issued under the hand of the Clerk a permit permitting the
    person named therein to be employed by or to assist a person permitted
    under By-laws 5 who;

(a)       the permittee will certify the council whether he is an employee
       or an assistant.
(b)       Is disabled by reason of the loss of a limb provided that;

(i)    Not more than one permit shall be issued under By-laws of
    these By-laws

(ii)    Where a permit is issued under this By-law the relevant permit issued under by-law 5 of these By-laws shall be endorsed with the words “one assistant’s permit issued”.

7.             Any permittee who without the written consent of the Clerk
      transfers his permit to any other person shall be guilty of an offence.

8.   Any person who obstructs any council official on his/her official
duties shall be guilty of an offence.

penalty
9.   Any person who is guilty of an offence under the provision 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 fine not less than  three thousand Kenya
      Shillings, or to imprisonment for a term not less than nine
    Months, or both such fine and imprisonment.