LOCAL GOVERNMENT : SUBSIDIARY LEGISLATION : SELEBI-PHIKWE TOWN COUNCIL (GENERAL) BYE-LAWS
(under regulations 34 and 35)
(12th February, 1971)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
PART I
Preliminary
1. Citation
2. Interpretation
PART II
Health and Sanitation
3. Latrine accommodation to be provided
4. Mosquitoes and pests
5. Prevention of accumulation of refuse
6. Refuse receptacles and removal
7. Swimming pools and fish ponds
8. Overcrowding
PART III
Livestock and Other Animals
9. Keeping of livestock
10. Troublesome or dangerous animals
11. Bees, pigeons and poultry
12. Powers of council
13. Disposal of carcasses
PART IV
Streets
14. Naming of streets
15. Numbering of houses
16. Hoardings
17. Bills, posters, placards or advertisements
18. Trees
PART V
Fire Control Measures
19. Accumulation of inflammable or combustible materials
20. Grass fences
21. Storing of inflammable, combustible or explosive substances
22. Burning of grass, refuse or rubbish
22A. Discharge of fireworks
22B. Obstruction or interference with fire escape
23. Fire-fighting appliances in public buildings
24. Attendance of fire brigade at fires
PART VI
Food Premises
25. Construction: general
26. Construction: bakeries
27. Construction: butcheries and fishmongers’ shops
28. Operation of bakeries
29. Operation of butcheries and fishmongers’ shops
30. Food premises: general requirements of cleanliness
31. Health of employees
32. Conveyance, handling, storage and sale of foodstuffs
33. Canned food
PART VII
Miscellaneous
34. Powers of entry and inspection
35. Noise and nuisance
36. Collection for charity
37. Protection of common property
37A. Keeping of birds for commercial purpose
38. Offences and penalties
S.I. 13, 1971,
S.I. 37, 1974,
S.I. 73, 1974,
S.I. 85, 2023.
PART I
Preliminary (bye-laws 1-2)
These Bye-laws may be cited as the Selebi-Phikwe Town Council (General) 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-laws, unless the context otherwise requires—
“approved” means approved by the council or by any duly authorised officer of the council;
“authorised officer” means the health inspector and any other officer of the council authorised by the council;
“baker” means any person who carries on the business of selling whether by wholesale or retail, bakery products baked or made by him;
“bakery” means any premises on which is carried on any of the processes of or incidental to baking or the manufacture or storage of bakery products for use by persons other than those residing on the premises;
“bakery products” includes bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweetmeats;
“business premises” means any premises which are used or intended to be used as place of trade or industry;
“butcher” means any person who sells or exposes for sale or supplies butcher’s meat for human consumption;
“butchery” means any premises used for the purpose of carrying on the business of a butcher;
“butchers’ meat” means the flesh or offal of any animal intended for human consumption or any products manufactured therefrom, but does not include canned or potted meats, biltong, ham, sausages, bacon, salted and other prepared meats, fish, poultry or venison;
“council” means the Selebi-Phikwe Town Council;
“dwelling” means any house, room, shed, hut or other structure or plan whatsoever, any portion whereof is used by any human being for sleeping in or in which any human being dwells;
“food” or “foodstuffs” means any thing whatsoever (other than drugs or water) in any form, state or stage of preparation, which is ordinarily used or intended to be used for human consumption;
“food premises” means any premises which are used or intended to be used as a place for the preparation, manufacture, keeping, storing, depositing, conveying, handling and exposing for sale of food and drink;
“habitable room” means any room used or intended to be used as a sleeping, living or work room;
“latrine” means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;
“livestock” means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;
“occupier” means, in relation to any lot or premises—
(a) any person in actual occupation of such lot or premises and having charge or management thereof; or
(b) in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;
“owner” means, in relation to—
(a) any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;
(b) any lot or premises, the person in whose name the title to such lot or premises is registered and includes an agent of the owner or any person receiving or entitled to receive rent in respect of such lot or premises;
“poultry” means any fowl, turkey, goose or duck;
“premises” means any building or part thereof, store, shop, tenement or other erection above or below the ground and the land used or occupied in connection therewith;
“slaughter house” includes any abattoir, slaughter pole or place set apart for slaughtering livestock, the meat of which is intended for sale;
“stable” includes a cowshed, stall, pen or sty;
“street” means any street, square, road, lane, footpath, pavement, thoroughfare or public place extending in width from the boundary of any lot or area of land and includes any work or thing forming part of or connected with such street;
“waste-water” means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry.
PART II
Health and Sanitation (bye-laws 3-8)
(1) The owner of any premises within the council area shall—
(a) provide proper and sufficient latrine accommodation with a hand washing basin for all persons residing or employed thereon;
(b) provide a minimum of one latrine for every 15 persons per gender.
(2) No person shall urinate or defecate in the council area elsewhere than in a latrine.
(3) The council may, by notice in writing to the owner or occupier of any premises within the council area, prohibit the use of any latrine which by reason of faulty construction or neglect or from any other cause has, in the opinion of the council, become or is likely to become a nuisance or a danger to public health until such nuisance or danger has been abated to the satisfaction of the council.
Every owner and occupier of any lot or premises within the council area shall, in respect of such lot or premises—
(a) keep all water receptacles, such as tanks, cisterns, casks, pails and other contrivances for the storage or retention of water for any period in excess of 24 hours covered so as to prevent the ingress of mosquitoes;
(b) keep guttering and drainpipes in good repair and condition and shall not allow such guttering and drainpipes to be in such condition as to collect water and prevent it from readily flowing away;
(c) ensure that no tin, bottle or other refuse, or article capable of holding water is thrown out or allowed to remain on any such lot or premises;
(d) ensure that every receptable for the collection of slop water or household refuse is kept adequately covered;
(e) generally take adequate steps to prevent the breeding of mosquitoes or other pests.
5. Prevention of accumulation of refuse
(1) No person shall place, pour, throw or leave on any lot, premises, street, or other public place or permit to remain on any lot or premises under his control or any street or public place adjacent to such lot or premises within 10 metres of the boundary thereof, any refuse in such a place or in such a manner or for such a time as to endanger health, or to favour the breeding or harbouring of flies, mosquitoes or other insect pests or to encourage rats or other vermin to frequent such lot, premises, street or other public place, or to become unsightly or a nuisance, or to be likely to interfere with the comfort of the inhabitants of the council area.
(2) The council may order any person who contravenes the provisions of sub-bye-law (1) to remove or dispose of any refuse which is the subject of the contravention in such a manner as it may specify and should that person refuse, the council may remove or dispose of the refuse, at that person’s expense and that expense shall be a debt recoverable in a court of law.
6. Refuse receptables and removal
(1) Every occupier shall within 21 days of the service upon him of a notice requiring him to do so provide the required number of refuse receptacles of a nature approved of by the council.
(2) Every occupier shall keep his refuse receptables covered at all times except when refuse is being deposited therein or discharged therefrom.
(3) Every occupier shall keep his refuse receptacles and covers thereof reasonably clean and in good order and condition.
(4) The council shall perform refuse removal services throughout the council area as often as circumstances warrant and the fee charged will be determined from time to time.
7. Swimming pools and fish ponds
Every person occupying premises on which is situated a swimming pool or fish pond shall take such precautions as may be required by the council to reduce the danger of death by drowning and to prevent the breeding of mosquitoes in such swimming pool or fish pond and shall ensure that the water contained therein is always free from unpleasant or insanitary matter.
(1) No room in any dwelling shall be used for human habitation unless there is provided for every person over the age of 14 years 19,25 cubic metres of air space and 3,75 square metres of floor space and for every person below the age of 14 years 14,5 cubic metres of air space and 2,80 square metres of floor space.
(2) No dwelling shall be erected except on a surveyed plot nor shall the aggregate floor space of all dwellings on any plot exceed one-third of the area of such plot.
(3) No surveyed plot shall have an area of less than 140 square metres.
PART III
Livestock and Other Animals (bye-laws 9-13)
(1) No person shall without the written consent of the council keep or graze any livestock within the council area except in such fenced areas as may be set aside by the council for that purpose.
(2) The council may prohibit the use of any stable, cowshed, pen or sty which in the opinion of the council is unfit, undesirable or objectionable by reason of its locality, construction, condition or manner of use.
(3) Any person who fails to comply with bye-law 9 commits an offence and is liable—
(a) in the case of an offence against sub-bye-law (1), to a fine of P2,000, or in default of payment thereof, to imprisonment for a term not exceeding six months; and
(b) in the case of an offence against sub-bye-law (2), to a fine of P2,000, or in default of payment thereof, to imprisonment for a term not exceeding three months and for a second or subsequent conviction to a fine of P3,000, or a default of payment thereof, to imprisonment for a term not exceeding four months.
10. Troublesome or dangerous animals
No person shall allow any wild, troublesome, ferocious or dangerous monkey, carnivorous wild animal or reptile to be at large off the premises on which such animal is normally kept.
No person shall keep any bees, pigeons or poultry so as to disturb the comfort of the inhabitants of the council area.
The council may order the seizure and detention of any livestock, poultry, monkey, carnivorous wild animal or reptile found at large within the council area, and if such animal is not claimed within seven days the council may order its sale or destruction.
(1) Subject to the provisions of sub-bye-law (2) no person shall dispose of any carcass within the council area except in a place approved by the council.
(2) A person may bury within a lot under his control the carcass of any dog, cat, or other small pet—
Provided that:
(i) the carcass shall be buried deeply enough to prevent the escape of any offensive odour or the digging up of the carcass by scavengers and prevent any hazard to health;
(ii) if death was caused by an infectious disease, the advice of a medical practitioner or veterinary surgeon shall be obtained against which such burial shall not take place; and
(iii) if the place where the carcass is buried is marked as a grave, such mark must be shielded from view so as not to offend other persons’ religious or other susceptibilities.
(3) The council may give such directions as may be necessary to secure compliance with the provisions of sub-bye-law (2).
PART IV
Streets (bye-laws 14-18)
(1) The council may name or alter the name of any street.
(2) The council may from time to time, at its own expense, paint upon or fix to any building or erect in any street, the name of such street.
(1) The council may from time to time allot numbers to each house or building in any street for the purpose of distinguishing such house or building and may alter such numbers from time to time as it may deem necessary.
(2) The owner of any house or building to which a number has been allotted by the council shall affix or paint the number so allotted in a conspicuous place facing on to the street in which such number has been allotted and shall maintain such number in good order and condition so as to be clearly legible from the other side of the street on to which it faces.
(1) Subject to the provisions of sub-bye-law (3), this bye-law shall not apply to hoardings which form a temporary part of any building operation or which can be put up as a temporary measure to shield any works in progress or to protect the public from any hazard arising or which may arise from work in progress or to any hoarding erected on privately-owned premises for the purpose of advertising the said premises for sale.
(2) No hoardings shall be erected within the council area without the written consent of the council.
(3) The council may direct any person erecting or who has erected a hoarding to remove or re-position such hoarding and may withhold its consent to the erection of a hoarding if it considers that the proposed hoarding—
(a) will obstruct the view of road users in a manner inconsistent with the smooth flow of traffic, vehicular or otherwise;
(b) is objectionable in substance, presentation or scale;
(c) will spoil the appearance of any improved or developed area set aside for industrial development, or any beauty-spot, park or recreational area; or
(d) will be offensive to any occupier of residential premises adjacent to or looking upon the site of the proposed hoarding.
(4) The council may charge fees for permission to erect and maintain hoardings on any street or other public place within the council area.
(5) The council may erect hoardings and permit the use thereof and of any walls or other suitable fixtures being the property of the council by any person to display any bill, poster, placard or advertisement and may charge fees for such use.
(6) The fees mentioned in sub-bye-laws (4) and (5) shall be determined from time to time by resolution of the council and a separate rate may be specified in respect of illuminated hoardings or signs.
(7) The council may remove a hoarding which contravenes the provisions of this bye-law at the expense of the person who erected the hoarding, such expense being recoverable as a civil debt in a court of law if the person—
(a) erects a hoarding in contravention of these Bye-laws;
(b) refuses to remove a hoarding within a reasonable time when required to do so by the council; or
(c) fails to pay a fee charged in terms of these Bye-laws.
17. Bills, posters, placards or advertisements
(1) No bill, poster, placard or advertisement shall be displayed within the council area without the written consent of the council.
(2) The council shall withhold its consent only if it considers the display of the bill, poster, placard or advertisement to be a distraction to motorists, or objectionable in substance, presentation or scale.
(3) The council may stipulate the time within which bills, posters, placards or advertisements shall be removed.
(4) Nothing contained in sub-bye-law (1) shall prevent any person holding a licence to trade in the council area from erecting any bills, posters, placards or advertisements on or within the building to which his licence applies:
Provided that the council does not object to the nature and substance of such bills, posters, placards or advertisements.
(5) Any bill, poster, placard or advertisement which has been erected in the council area without the council’s consent or to which the council objects may be removed by the council.
No person shall fell or damage any tree or shrub in any street or public place except with the written consent of the council.
PART V
Fire Control Measures (bye-laws 19-24)
19. Accumulation of inflammable or combustible materials
(1) The owner and occupier of any property shall take all reasonable precautions to prevent the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on the property which could cause damage or danger from fire to any person, animal or building or to any adjacent property.
(2) Where, in the opinion of the council, an owner or occupier has allowed the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on his property, the council may, by notice in writing to such owner or occupier, order him to remove such accumulation within a period of not less than three days, which period shall be stipulated in such notice, and it shall thereupon be the duty of the owner or occupier to do so.
If, in the opinion of the council, any fence of grass, rushes or reeds is erected in such a position or is allowed to fall into such state of disrepair that it gives rise to a danger of fire spreading therefrom to any buildings the council may, by notice in writing, order the fence to be removed and the owner, or in his absence the occupier, of the premises upon which the fence is situated shall remove the fence.
21. Storing of inflammable, combustible or explosive substances
(1) Except with the written permission of the council, no person shall store any inflammable, combustible or explosive substance on any property:
Provided that—
(i) it shall be permissible for any person to store, in a closed-top container or other approved receptacle at his place of residence or at his place of business, not more than a total of 22,73 litres of petrol, paraffin, methylated spirits or other such inflammable substance as is used for household purposes, in addition to the fuel contained in the fuel tank of any motor vehicle;
(ii) the provisions of this bye-law shall not apply to—
(a) liquor which a person may store at his place of residence or at his place of business;
(b) petrol, paraffin, methylated spirits, oil or such other inflammable substance as is stored at a garage, service station or petrol filling station.
(2) In granting permission in terms of sub-bye-law (1) the council may impose such conditions as it deems necessary.
22. Burning of grass, refuse or rubbish
(1) A person shall not burn or set fire to any grass, refuse, rubbish or other material on any private property.
(2) A person shall not burn or set fire to any grass, refuse, rubbish or other material on any street or public open space.
(1) No person shall discharge any fireworks in the street, stadium, public space or any other open space under the management or control of the Council without the written consent of the Council.
(2) The Council shall have the right to refuse permission in any case in which it considers the discharging of fireworks would endanger life or property.
22B. Obstruction or interference with fire escape
No person shall do, cause to be done or permit to be done any act whereby the free use of fire escape stairs, passage ways or doors in or out of any building or premises are obstructed in the event of fire or in connection with the saving of life or property.
23. Fire-fighting appliances in public buildings
(1) The owner of any hall, shop, offices or other building to which the public has access shall, if required by the council, provide such building with portable fire extinguishers at the rate of one extinguisher for every 240 square metres or part thereof.
(2) The owner of any such building shall fix any extinguisher which he is required to provide in a conspicuous and easily accessible position and shall maintain the extinguisher in good working order.
24. Attendance of fire brigade at fires
(1) In the event of a fire brigade attending upon any fire the officer in charge of the fire brigade party shall have full control over the property on fire and over such other property as he may consider to be in danger for the purposes of taking such reasonable measures as he may deem necessary to prevent the spread of and to extinguish the fire.
(2) In exercising his powers in terms of sub-bye-law (1), the officer in charge of the fire brigade party—
(a) shall have the right of entry to any property and may by himself or through any person under his control break into, through, take possession of, or pull down buildings, but shall take all reasonable care to do as little damage as possible;
(b) shall have the right of access to any hydrant, pipe, cistern, borehole or other water supply and shall be entitled to draw water from such points of supply;
(c) may himself, or through any person under his control, divert, stop or regulate traffic in the vicinity of the fire; and
(d) may temporarily close any street, passage, thoroughfare or greenway in the vicinity of the fire.
PART VI
Food Premises (bye-laws 25-33)
(1) No person shall erect or occupy any food premises within the council area unless the following provisions have been complied with—
(a) the premises shall be constructed of brick, concrete or other approved material;
(b) the internal faces of the walls shall be tiled, or plastered with a cement plaster and the surface brought to a smooth face and painted with three coats of oil paint, washable distemper or other approved decoration to a height of not less than two metres;
(c) the floor shall, unless otherwise provided in these Bye-laws, be—
(i) of concrete; or
(ii) of wood ventilated to prevent dryrot and rendered impervious to rodents;
(d) the height of the walls from floor to ceiling shall be not less than three metres;
(e) the premises shall be provided with a dust-proof ceiling and a sound roof;
(f) every room shall be lighted and ventilated by a window or windows of an area not less than one-tenth of the floor area and capable of being opened to at least one-twentieth of the floor area of such room or alternatively an approved system of forced ventilation or air conditioning shall be provided;
(g) the premises shall be provided with a supply of clear hot and cold water and washing facilities to enable employees to keep clean and washing up facilities to enable all utensils, storage facilities, linen and protective clothing to be kept clean;
(h) all reasonable precautions shall be taken to prevent the ingress or harbouring of rodents;
(i) before any grain is stored in the premises sufficient supports for such grain shall be installed at least 2,5 decimetres above the floor in such manner as to make it possible to sweep underneath;
(j) all food premises shall be provided with showers and change rooms one per 15 persons per gender;
(k) provision of a functional fat or oil trap for all food premises;
(l) all food premises with a kitchen, the kitchen shall have a safety door at the back opening outwards; and
(m) a dressing room shall be provided where the belongings of the employees can be kept in a clean and sanitary and such room shall be seperated from any place where utensils or foodstuffs are handled or stored.
(2) No food premises shall be used for sleeping accommodation and no portion of such premises shall communicate by door, window or otherwise with any sleeping or living room.
No person shall erect or occupy any bakery within the council area unless the following provisions have been complied with in addition to the provisions of bye-law 25—
(a) no portion of any bakery shall be underground, except that with the written consent of the council an underground room may be used as a store provided that no articles other than those specified in such written consent shall be stored therein;
(b) the floors shall be of smooth, impervious material;
(c) no door or window opening which communicates with a bakery shall be less than three metres from any latrine;
(d) the doors of the bakehouse shall be self-closing and all doors and windows shall be provided with effective fly-screens;
(e) the opening of the oven furnace shall not be situated in any room or at any place where any foodstuffs are handled and shall be situated at least two metres from the nearest part of any door or window of the bakery;
(f) a dressing room shall be provided where the belongings of the employees can be kept in a clean and sanitary condition and such room shall be separated from any place where utensils or foodstuffs are handled or stored.
27. Construction: butcheries and fishmongers’ shops
No person shall erect or occupy any butchery or fishmonger’s shop within the council area unless the following provisions have been complied with, in addition to the provisions of bye-law 25—
(a) no door or window opening in any room wherein butchers’ meat or fish is stored, handled or placed for sale shall be so placed as to be less than four metres from any latrine;
(b) the floors shall be of cement or concrete at least eight centimetres in thickness and topped with granolithic or other impervious material at least two centimetres in thickness;
(c) the doors shall be self-closing and all doors and windows shall be provided with effective fly-screens;
(d) cold rooms, compartments or cupboards shall be provided for the storage of meat or fish and such cold rooms, compartments or cupboards shall be operated constantly at a temperature of not more than 7,2 degrees centigrade.
(1) Every person carrying on the trade of a baker in the council area shall—
(a) cause all inside walls and ceilings of his bakery to be kept in a clean and sanitary condition with three coats of either oil paint, washable distemper or an approved equivalent:
Provided that—
(i) where oil paint is used it shall be renewed at least once in every five years or as often as required by the council;
(ii) where washable distemper is used it shall be renewed at least once in every 12 months;
(iii) if any portion of the walls is tiled it shall be sufficient to wash such portion with hot water and soap to ensure adequate cleanliness;
(b) keep every part of his bakery and all vessels and utensils, carts and other receptacles used in connection with the preparation, conveyance and storage of bakery products in a clean and wholesome state and all utensils used should be made of stainless steel;
(c) ensure that all persons employed in the bakery are clean and dressed in clean full light coloured overalls while so employment;
(d) provide means of protecting all bakery products, by glazed or fly-screened showcases or cabinets from contamination by dust, dirt or flies, while exposed for sale, or by means of closed or covered containers or vehicles when in the course of conveyance in any public thoroughfare;
(e) cause the floor of the bakehouse to be washed daily.
(2) Every baker shall mix all dough, batter or paste by means of approved mixing machines and shall not himself or by his servants mix such dough, batter or paste by hand or in any other way than in and by such mixing machines:
Provided that a baker may mix by hand any dough, batter or paste in a quantity not exceeding five kilogrammes in weight in a suitable mixing utensil for confectionery purposes.
(3) No bakery shall use or permit to be used soiled paper or soiled material of any description for the purposes of covering or wrapping bakery products.
29. Operation of butcheries and fishmongers’ shops
Every person carrying on the trade of a butcher or fishmonger in the council area shall—
(a) keep thoroughly clean all knives and other instruments and appurtenances, machinery and vehicles used in cutting or handling or moving butchers’ meat or fish;
(b) provide receptacles of galvanised iron or other non-absorbent material with close-fitting covers for collecting and conveying from his shop all refuse;
(c) ensure that all persons employed in the shop or delivering butchers’ meat or fish are clean and dressed in clean overalls while so employed;
(d) ensure that meat is transported in refrigerated vehicles, which shall be used exclusively for that purpose.
30. Food premises: general requirements of cleanliness
(1) Every person carrying on business in food premises shall—
(a) keep every part of such premises in good order and repair and in a clean and sanitary condition;
(b) take all practical measures to keep such premises free from rodents, flies, cockroaches and other insects;
(c) maintain a supply of soap and clean towels for the use of all persons employed in such premises.
(2) No person carrying on business in food premises shall keep or allow to be kept in, or allow to enter into, such premises any live animal or bird.
(3) Every person employed in any food premises shall wash his hands with soap and water before commencing work, after every visit to the latrine, and whenever his hands become soiled.
(4) No person in any food premises shall expectorate or blow his nose except into a handkerchief or a tissue which he uses as a handkerchief and disposes of in a sanitary fashion.
(5) No person shall smoke in a mixing room, kneading room or baking room in a bakery, or in any trading premises of food and non-foodstuffs, or any place where such smoking is likely to defile food stuffs deposited or exposed for sale.
No employer shall permit any person suffering from any infectious or contagious disease to be employed in or about any food premises and on the occurrence of any such disease amongst any of the persons employed or residing on such premises the employer shall immediately report such occurrence to the council.
32. Conveyance, handling, storage and sale of foodstuffs
(1) No person shall convey or deposit or cause to be conveyed or deposited or exposed for sale any foodstuffs in an unwholesome, unclean of offensive manner or in such a way as to be unnecessarily or improperly exposed to contamination and no person shall stand, sit or recline on any foodstuff which is being conveyed or has been deposited or is exposed for sale.
(2) No person shall load onto or transport in any vehicle any carcass if such vehicle contains blood, viscera, intestines or offal and no person shall convey any carcass unless it is completely covered with a clean covering.
(3) No person shall sell, expose for sale or deliver any butchers’ meat in the council area unless such meat has been obtained from a slaughter-house or place approved in writing by the council.
(4) No person shall slaughter any animal for human consumption in the council area except at such slaughter-house or approved place.
(5) All vehicles used for the conveyance of meat shall be constructed of or lined with an impervious substance and shall be maintained in good repair and provided with covering to protect the meat therein from contamination by dust or flies, and no person shall convey meat in a vehicle which does not comply with this sub-bye-law.
(6) All utensils, including trays, bin and other containers, and all knives, fork and other tools used for handling or storing foodstuffs shall be constructed of stainless steel, plastic or other non-corrosive and non-staining material and no person shall handle or store any foodstuffs with tools or in containers which do not comply with the sub-bye-law.
(7) Any person who sells, exposes for sale or delivers fruit, vegetables, bakery products or other foodstuffs shall protect such foodstuffs from dust and flies.
(8) Persons loading or unloading meat shall wear clean protective clothing including overalls and headgear.
(9) No person shall sell, expose for sale or deliver any bakery products in the council area unless such bakery products have been obtained from a bakery approved in writing by the council.
(10) All bakery products shall be covered in plastic or waxed paper before leaving the bakery premises for the purpose of human consumption.
(11) All foodstuffs shall be completely wrapped up and no person who sells any foodstuffs shall deliver the same wrapped in a newspaper or in any soiled or previously used wrapping paper.
(12) No person shall cook or prepare any kind of food along the street or any open space.
No person shall sell, prepare, keep, transmit or expose for sale any meat, fish, fruit, vegetable, jam, condensed milk or any other article of food which is packed in a hermetically sealed tin or other airtight receptacle if such tin or receptacle is—
(a) blown so that there is unnatural bulging of the flat or concave side or ends of the container or so that gas escapes on puncturing;
(b) …
(c) damaged or becomes unsealed or shows evidence of having been punctured and having had the puncture and having had the puncture re-sealed.
PART VII
Miscellaneous (bye-laws 34-38)
34. Powers of entry and inspection
Any authorised officer may enter and inspect any premises at any reasonable hour and may require to be furnished with such information as will enable him to determine whether or not the provisions of these Bye-laws are being complied with.
No person shall—
(a) operate or cause or permit to be operated any wireless, loudspeaker, gramophone, amplifier or similar instrument to the annoyance of the occupants or inmates of any premises in the neighbourhood, or which any authorised council official or police officer of or above the rank of sergeant considers to be causing annoyance or unnecessary noise in any part of the council area;
(b) operate any wireless, musical instrument, loudspeaker or other similar device for the purpose of advertising on or adjacent to any street without the prior consent of the council in writing and subject to such conditions as the council may impose;
(c) continue to make any loud or unseemly noise or disturbance either by shouting, screaming or yelling or by blowing upon any horn or other instrument or by beating upon any drum or other instrument so as to annoy, disturb or interfere with the rest, peace or tranquillity of the inhabitants, after having been requested to desist by any member of the police force or by any person so annoyed, disturbed or inconvenienced;
(d) continue to ring any bell or sound any horn or blow any whistle or use any noisy instrument or shout in any market square, street, park or public place for the purpose of attracting customers, or hawk, sell or distribute any article or thing whatsoever to the annoyance, disturbance or inconvenience of any person who uses such market square, street, park or public place after having been requested to desist by any member of the police force or the person so annoyed, disturbed or inconvenienced;
(e) between the hours of 5 p.m. and 7.30 a.m. carry on any business, trade or industry involving the use of machinery which by reason of the noise created by it is offensive or constitutes a nuisance or which disturbs the comfort or peace of the inhabitants of the council area nor shall any person use any such machinery on Sundays or such public holidays as are recognised in the relevant business, trade or industry.
(1) No collection of moneys or attempt to collect money shall take place within the council area without the prior written consent of the council.
(2) The council authority may in granting its consent to the collection of money impose such conditions as it deems fit.
37. Protection of common property
(1) No person shall cause any damage to any property to which the inhabitants of the council area have a common right.
(2) Anyone convicted of such an offence may, in addition to any penalty imposed under bye-law 38, be ordered to pay compensation for such damage.
37A. Keeping of birds for commercial purpose
(1) No person shall keep more than 25 live birds.
(2) Every person who keeps any live bird shall, ensure that all poultry cages are kept clean at all times and no foul smell shall emanate from the cage housing the live bird.
(3) Every person who keeps live birds in a residential area shall, ensure that there is no accumulation of poultry manure and that all manure is disposed of at a landfill after cleaning.
(1) Any person who obstructs or hinders the council in the exercise of its duties under the provisions of these Bye-laws or fails to comply with any of the provisions of bye-law 3(2), 11, 16, 17, 19, 20, 22, 22A, 35, 37 or 37A shall be guilty of an offence and shall be liable on the first conviction to a fine not exceeding P200 or, in default of payment thereof, to imprisonment for a term not exceeding 14 days, and on a second or subsequent conviction to a fine not exceeding P400 or, in default of payment thereof, to imprisonment for a term not exceeding two months.
(2) Any person who fails to comply with any of the provisions of bye-law 4, 5, 6, 7, 10, 13, 18, 21, 22B, 23, 28, 29, 30, 31, 32 or 33 shall be liable on conviction to a fine not exceeding P500 or, in default of payment thereof, to imprisonment for a term not exceeding three months.
(3) Any person who fails to comply with any of the provisions of bye-law 3(1), 8, 25, 26 or 27 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P1000 or, in default of payment thereof, to imprisonment for a term not exceeding six months.