NORTH WEST DISTRICT COUNCIL (REFUSE) BYE-LAWS
(under sections 33 and 34)
(12th December, 1969)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Application
3. Interpretation
4. Refuse not to be deposited in public places
5. Refuse not to be accumulated on private premises
6. Refuse to be removed from private premises
7. Refuse to be removed to receptacle or place designated
8. Refuse not to be deposited in water supplies
9. Offences
S.I. 118, 1969.
These Bye-laws may be cited as the North West District Council (Refuse) Bye-laws*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
These Bye-laws shall apply to the village of Maun, and bye-law 8 shall apply throughout the North West District.
In these Bye-laws, unless the context otherwise requires
“Council” means the North West District Council;
“occupier” means any person in actual occupation of premises, or legally entitled to occupy them;
“premises” includes any yard, field, garden or land, whether enclosed or open;
“public place” means any public street, square, road or thoroughfare, any tribal kgotla and any public or communal land;
“refuse” includes any filth, rubbish, trash, garbage, excrement, waste products from any source, rubble, derelict vehicles or tyres, and any matter which may be offensive, or a nuisance, or injurious or dangerous to health, or favour the breeding of flies or mosquitoes or favour the harbouring of rodents.
4. Refuse not to be deposited in public places
No person shall deposit any refuse in or near any public place:
Provided that refuse may be deposited at a refuse dump designated by the Council or in receptacles provided by the Council.
5. Refuse not to be accumulated on private premises
No person who is the owner or occupier of any private premises shall permit any refuse to accumulate or remain thereon so as to be offensive or a nuisance or injurious or dangerous to health or to favour the breeding of flies or mosquitoes or to favour the harbouring of rodents.
6. Refuse to be removed from private premises
(1) The owner or occupier of any private premises shall, within three days after having been given notice to do so by the Council, remove or cause to be removed from such premises any refuse thereon.
(2) If any owner or occupier of premises fails after due notice to comply with sub-bye-law (1) by removing or causing to be removed from such premises any refuse thereon, the Council shall have power to enter by its agents or servants upon such premises and remove such refuse and to recover from such owner or occupier the cost of such removal.
(3) Where any Court convicts an owner or occupier of premises of failure to comply with sub-bye-law (1), such Court may, in addition to imposing any penalty prescribed therefor, order that any expense incurred by the Council in removing refuse in consequence of the offender’s failure to comply shall be paid by him.
7. Refuse to be removed to receptacle or place designated
No person shall remove or cause to be removed any refuse to any place other than a receptacle provided, or a place designated, by the Council for the reception of such refuse.
8. Refuse not to be deposited in water supplies
No person shall deposit any refuse in, or cause or permit any refuse to enter, any river, stream, spring, pool, well, borehole, dam, catchment basin or any channel or source of water supply.
(1) Any person who contravenes bye-law 4, 5, 6(1) or 7 shall be guilty of an offence and liable on a first conviction to a fine not exceeding P10 or in default of payment, to imprisonment for a term not exceeding one month, and on any subsequent conviction for the same offence to a fine not exceeding P25 or to imprisonment for a term not exceeding three months, or to both.
(2) Any person who contravenes bye-law 8 shall be guilty of an offence and liable on a first conviction to a fine not exceeding P15 or in default of payment to imprisonment for a term not exceeding six weeks, and on any subsequent conviction to a fine not exceeding P60 or to imprisonment for a term not exceeding six months, or to both.