Nakuru County Nuisance Bill 2014

SPECIAL ISSUE

Na

REPUBLIC OF KENYA

NAKURU COUNTY GAZETTESUPPLEMENT

BILLS, 2014

NAIROBI, 17th April, 2014

CONTENT

Bill for Introduction into the Nakuru County Assembly-

PAGE

The Nakuru County Nuisance Bill, 2014 ...............................................................

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

THE NAKURU COUNTY NUISANCE BILL, 2014ARRANGEMENT OF CLAUSES

PART IPRELIMINARYClauses

IShort title

2Interpretation

PART IIGENERAL NUISANCE

3Noise

4Building operations and construction of works noises

5Neighbourhood noises

6Dumping construction materials

7Unlawful deposits

8Noises, related to animals

9-0ther animalsni PART IIIROADS AND STREETS

I ONotice to occupier

I 1Unlawful erects of structures

12Permit to attach, hand or erect objects on premises.1 3Fencing that is a source of danger

14Obstruction

15Defacing a building

16Obstruction of a public street

18Impounding of vehicle, article or material

14Unlawful acts

20Spilling on surface

2 1 Loitering

22Loitering alongside car par^s

PART IVMISCELLANEOUS PROVISIONS

23Open food

24Food likely to be contaminated2^Open food or beverage in the course of trade

26Notice, permits or consent

27--General penalty

2-

The Nakuru County Nuisance Bill, 2014

THE NAKURU COUNTY NUISANCFrBII^L, 2014

A Bill for

AN ACT of Nakuru County Assembly of to preventnuisance and for related purposes

ENACTED by Nakuru County Assembly as follows-I PART IPRELIMINARY

1.This Act may be cited as the Nakuru County General- Short title

Nuisance Act, 2014.

2.In this Act, unless the context otherwise requires Interpretation

"Department" -means the DIRECTORATE OFURBAN PLANNING AND DEVELOPMENT;

"medical officer of health" means the person for thetime being holding the office of County Medical Officer ofHealth of the Department, and includes his Deputy and theChief Public Health Officer;

"public street" means a street maintainable by theDepartment;

"Street" includes any land reserved for a street and anyopen space to which the public has access;

"DIRECTOR" means the person for the time beingholding the office of the DIRECTORATE OF URBANPLANNING AND DEVELOPMENT his deputy and anyother officer of the Department authorized by the CountyDirector in writing for the purpose of this Act; and

t1 permit" includes a license and any receipt issued bythe Department for any pqrpose.

PART II - GENERAL NUISANCE

3.(1) A person shal I not- Noise

(a) in any street or in any shop, business premises orany other place adjoining any street to which thepublic are admitted; or

(b) Upon.other premises-

play, operate, cause or allow to be played or operated,any musical instrument, wireless, gramophone, amplifier orsimilar instrument, thereby making, causing or authorizing


noise to be made, which is so loud and continuous orrepeated as to constitute a nuisance to the occupants orinmates of any premises in the neighborhood or to passersbyon the street.

(2) Any person who contravenes the provision of thissection commits an offence.

(3) A prosecution shall not be instituted against anyperson for any offence under this section in respect of anypremises referred to in subsection (1) (b) unless the nuisanceremains unabated after the expiration of seven days.firom thedate of the service on such person of a notice signed by theCounty Director notifying him of the nuisance and requifingthe same to be discontinued.

4. A person who, in connection with the building Buildingoperations and

operations, demolition or road construction or reconstruction construction ofworks causes or allows to be made noise which is so loud works noises

and continuous as to constitute a nuisance to the occupantsof any premises in the neighborhood commits an' offence ofan offence.

5. A person who, in any part of the jurisdiction of the Neighbourhoodcity county, other than the industrial or light: industrial zones

noises

as specifitOA, in any law of the county for the time being inforce, in connection with any trade or industrial processcauses 'or allows to be made any noise which is so loud,continuous or repeated as to constitute a nuisance to theoccupants of any premises in the neighborhood commits anoffence.

6. (1 ) A: person who erects or authofizes the erection of Dumpingconstruction

any barbed wire or dumping of construction materials; materialsbuilding blocks, hardcore, ballast, or other hardware materialalongside a street or road without the prior written consent ofthe Director commits an offence.

(2)The Department may serve a notice upon the ow^eror occupier of any land or building upon which any barbedwire has been erected in contravention of subsection (1) ofthis Act requiring such person, within the period specified insuch notice, to remove such barbed wires.

(3)A person who fails to comply with the requirementsof a notice served under subsection (2) of this section

4 The Nakuru County Nuisance Bill, 2014

commits an offence of an offence.

7. A person who, without lawful authority, deposits or

Unlawful

causes or permits to be deposited any soil, vegetation, refuse epositsor debris on any land in the jurisdiction of the city countycommits an offence.

8. A person who keeps within the city county any Noises related toanimal or poultry, which is a nuisance to any of the residents

animals

in the neighborhood, commits an.offence.

9. (1) A person who, except with the written permission

Other animals

of the DIRECTOR, and subject to such conditions as theymay deem fit, keeps within the area of the Department agame animal reptile (other than a lizard), an ass, mule, ox,bull, cow, goat, sheep or pig commits an offence.

I

(2) A person who has under in their control or custodyany-

(a) game animal, reptile, ass, mule, bull, goat, sheep orpig which causes a nuisance or annoyance to anyof the residents of the area; or

(b) animal, reptile, poultry or bird which wanders on astreet in such a manner as to cause obstruction orinconvenience to traffic commits an offence.

(3) A person who, except with the written permission ofthe DIRECTOR and subject to such conditions as they maydeem fit, permits an animal to graze within the jurisdictionof the county commits an offence of an offence.

(4) For the purpose of this Act-(a) "game animal" means an animal specified in the

first schedule to the Wildlife (conservation andManagement) Act, or any animal of a wild speciesnot indigenous to Kenya.

(b) "poultry" includes fowls, turkeys, geese, and ducks.PART III - ROAD AND STREETS

10. (1) Where, in the opinion of the Department, any Notice tohedge, tree or other growth is so placed or in such conditions - occupieras -

(a) to be a danger to any person or vehicle using astreet; or


(b) the use of the street by pedestrian or vehiculartraffic; the Department may serve a notice on theowner or occupier of the land on which suchhedge, tree or other growth is situated requiringhim within such period of time, not being less thanseven days, as may be specified in such notice, tohave the hedge, trees or other growth hoped,trimmed or removed.

(2) A person who fails to comply with the requirementsof a notice served in accordance with subsection (1) commitsan offence.

(3) Without prejudice to any prosecution which may beinstituted under subsection (2), the Department may, on theexpiration of the period of time specified in a notice servedunder subseciion (2) enter upon any land owned or occupiedby the person upon whom such notice was served andexecute any of the work specified in such notice, and anyexpense incurred by the Department shall be'-recovered as acivil debt from such person.

11. (1) A person who, without lawful authority or the Unlawful erectsconsent of the Director given in writing, erects or permits the of structures

erectiQn of any structure in such a position that it is sited inor protrudes over a street commits,an offence.

. (2) For the purpose of this section "structure" includes amachine pump, post or other object capable of causing anobstiuction to a pedestrian or a vehicle in a street.

(3)Tjie provisions of this section shall not apply to ' anystructure approved by the Department under any laws for thetime being in force.

12. (1) A person shall not attach, hand or erect or Permit to attach,hand or erectpermit the attachment, hanging or erection of any object to, objects onfrom or alongside any premises in such a manner that it premises

protrudes over or into a street without a permit so to do fromthe Department or otherwise than in accordance with anyconditions attached to any such pen-nits.

(2) A permit -issued under this section shall expire 12months from the date of issue in respect of the year, which itis issued.

(3) A person to whom a permit is issued under this Act


shall pay to the Department a fee as prescribed.

(4) The DIRECTOR may serve a notice on the owneror occupier of any premises to, from or alongside which anobject has been attached, hung or erected in contravention ofsubsection (1) of this section requiring the removal of suchobject within a period specified in such notice.

(5) A person' who contravenes or fails to comply withthe provisions of this section or any conditions attached to apermit issued under a notice served under subsection (4).

(6) A person who does not comply with this sectioncommits an offence.

(7) The provisions of this section shall not apply to anadvertiseme;t licensed or permitted under any such laws forthe tinie being in force, or to any structure approved by theDepartment under an^ such by-laws.

13. (1) Where, in or on any land adjoining a

Fencing that is a

street, there is an unfenced or inadequately fenced source of

source of danger

danger to persons using the street, the Department may, bynotice to the owner or occupier of that land, require him,within such time, not being less than seven days, as may bespecified in the notices, to execute such works of repair,protection, removal or enclosure as will obviate the danger.

(2) A person who fails to comply with a notice servedunder subsection (1) of within the time specified in suchnotice, commits an offence.

14. A person who-

(a) willfully obstructs the free passage from, into oralong any street:

(b) willfully ornegligently damages or destroys, thesurface or any'public street;

(c) pulls down, destroys any tree, shrub, flower plantor grass on land forming part or at Public Street;

(d) disturbs, damages or destroys any barrier, fence orother erection or any trestle, lamp, stone or othermaterial placed on a street by or by order of theDepartment; or

(e) willfully or negligently pulls down, damages or

Obstruction

The Nakuru County Nuisance Bill, 2014 7

destroys any lamp standard or Ballard in street ordamages or removes any bulb or fitting attachedthereto, commits an offence.

15. A person who, without lawful authority, defaces

Defacing a

any building by any wirings, signs or other marks commits

building

an offence.16. (1) A person who, without lawful authority breaks

Obstruction of a

up or authorizes the breaking up of the surface of a public

public street

street, without the written permission of the person for thetime being holding the office of town engineer, commits anoffence.

(2) A person who contravenes or fails to comply withany conditions attached to a permit granted under thissection commits an offence.

(3) A person wh0-leaves or allows or causes to beplaced or left in a street any vehicle, articles or materials insuch a manner as to cause an obstruction to person orvehicles using the street commits an offence of an offence.

(4)The Department may remove any vehicle or articleor material which has been placed or left in a street in,contravention of this section and impound the same.

18. (1) The owner of a vehicle, article or material

Impounding ofvehicle, article

removed from a street under section 17 of this Act shall pay or material

to the Department, a 'fee as per the latest fees and chargesgazetted by the Department together with, the expensesincurred by the Department in removing and impounding thesame.

(2) If the owner of a vehicle, article, or material doesnot pay the fee and expenses due and payable undersubsection (I ) within a period of sixty days from the date thevehicle, article or material was impounded, the Departmentmay sell or otherwise dispose of the same and the proceedsof such sale or disposal, if any, shall be set off against anyoutstanding fees and expenses, incurred by the Departmentin removing or disposing of the vehicle or article or material.

19.A person who, in any street-(a)*ignites fireworks;(b) without the permission of the DIRECTOR in

1 8 The Nakuru County Nuisance Bill, 2014

writing and for the purpose of hawking, sellingdistributing of advertising any article shouts oruses any bell, gong, or other noisy instrument orloudspeaker;

(c) without the permission of the DIRECTOR inwriting draws; wheels or drive any vehicle orcarries any board placard or exhibitingadvertisements;

(d) without the permission of the DIRECTOR inwriting and for the purpose of advertisingdistributes any bill or other paper;

(e) Without lawful authority defaces the footway orroadway by writing or making other marks;

(f) places or deposits and leaves iny glass, chinaearthenware, sharp objects, carton, paper, sawdustor other rubbish so as to create or tend to createlitter;

(g) throws down or leaves any orange peel banana skinor other substance likely to cause a person to slipand fall down;

(h) to the inconvenience or danger of any personcarries or conveys any bag of lime, charcoal, orother'offensive material, timber or any pointed oredged tools or implements whilst the same are notproperly secured;

(i) plays any game in such manner as to cause alikelihood of damage to property or danger to anyperson;

rides, drives or propels a vehicle on a foot-path;(k) spits on any footpath or blows his nose otherwise

than into a suitable cloth or tissue;(1) while being in charge of any dog, allows such dog

to foul any footpath;(m) washes any vehicle or, except in the case of an

. emergency, repairs or dismantles any vehicle;(n) ' except in the case of an emergency, sounds any

I motor horn, cycle bell or similar warning

The Nakuru County Nuisance Bill, 2014 .9

instrument;

(o) without the consent of the DIRECTOR, light ormaintain or suffer to be lit or maintained any fireor brrazier; or

(p) in the central area, as defined in any law for thetime being in force, ride or drive any animal on afoot-path, commits an offence.

20. A person who drives or permits to be driven any Spilling on

vehicle so loaded that its contents or any part thereof spills surface

onto the surface of a street or so tall as to damage such itemsas electrical wires commits an offence.

21. A person who loiters on any Department property, Loitering

other than a street or in a residential property, without lawfulauthority commits an offence.

22. A person who loiters in or in an area adjoining a car Loiteringalongside car

park without lawful authority commits an offence. parks

PART IV - CARRIAGE OF FOOD

23. In this part "open food" means food not contained Open food

in a container of such materials and so closed as to excludeall risk of contamination.

24. (1) A person who in connection with any Food likely to be

trade or,bus^ness,, conveys in or on a vehicle, or who permits contaminated

to be so conveyed any open food in a manner likely toinvolve the risk of contamination commits an offence.

(2) The owner of any open food which is carried in avehicle in contravention of subsection (1) of this sectioncommits an offence.

25. (1) A person engaged in the handling, storage Open food orbeverage in the

or conveyance of open food or beverage in connection with course of tradeany trade or business shall so engaged-

(a) keep as clean as may be reasonably practicable allparts of his personal things which are likely tocome into contact with the food;

(b) keep as clean as may be reasonably practicable allparts of his clothing which are likely to come intocontact with the food;

(c) keep any cut or abrasion on any exposed part of his


person covered in a suitable and clean waterproofdressing;

(d) refrain from spitting or blowing his nose otherwisethan into a suitable cloth or tissue;

(e) refrain from smoking;(f) if the food is meat, wear a white garment of a

pattern approved by the medical officer of healthor public health officer.

(2) A person who contravenes or fails to comply withany of the provisions of subsection (1) commits an offence.

PART V MISCALLANEUOS PROVISIONS

26. (1) Except where otherwise specifically provided Notice, permitsin this Act, any notice, permit or consent which the or consent

Department is authorized or required to give may be signedon behalf of the Department by the DIRECTOR or suchofficer of the Department duly authorized to'sign such noticeor consent.

(2) A notice, permit or consent bearing the signature of'0the DIRECTOR shall for the purpose of this Act be deemed,

Iuntil the contrary is proved, to have been duly issued by thePepartment.

(3) A notice or other document required or authorizedby or u1nder -this Act to be served on a corporation shall beduly served if served on the secretary of other principalofficer of the corporation.

(4) Where any premises are jointly owned or occupiedby more than one person, a notice required or authorized tobe served by or under this Act in respect of such premisesshall be duly served if served on anyone of those persons.

(5) A notice or other documents required or authorizedby or under this Act to'be served on any person may beserved whether by-

(a) delivering it to that person;(b) leaving it at his proper address, or(c) registered. post addressed to their proper address.(6) For the purpose of this section, the proper address

of a person shall, in the case of a corporation be the

The Nakuru County Nuisance Bill, 2014 11

registered or piincipal office of the corporation, and in anyother case, the usual or last known place of abode orbusiness of the person on whom the notice is to be served.

(7) If the name or the address of an owner or occupierof premises upon whom any notice is to be served cannot,after reasonable inquiry, be ascertained, the notice may beaddressed to the "owner" or "occupier" of the premises towhich the notice relates and delivered to some responsibleperson found on the premises, or fix such notice, or a copy ofit, to some conspicuous part of the premises.

27. A person who is guilty of an Oi ffence under the General penaltyprovisions of this Act shall be liable-

(a) in the c8e of a first offence, to a fine not exceedingone million shillings, or to imprisonment for aterm not exceeding three years, or to both; or

(b) in the case of a second or subsequent offence, to afine not exceeding two million shillings, or toimprisonment for a term not exceeding five yearsor to both.


MEMORANDUM OF OBJECTS AND REASONSThe purpose of this Bill is to prevent nuisance and the jurisdiction of

Nakuru County and to provide penalties for nuisance.PART I provides for preliminary provisions; the short title and

interpretation clause.PART II is on general nuisance. It contains provisions on noise,

building operations and construction of works noi-es, neighbourhood noises,dumping construction materials, unlawful deposits, noises related to animals,and poultry.

PART III is on roads and streets and provides for the followingprovisions: notice to occupier, unlawful erects of structures, permit to attach,hand or erect objects on premises, fencing that is a source of danger,obstruction, defacing a building, obstruction of a public street, impounding ofvehicle, article or material, unlawful acts, spilling on surface, loitering,loitering alongside car parks

PART IV provides for miscellaneous provisions. It contains thefollowing provisions on open food, food likely to be contaminated, open foodor beverage in the course of trade, notice, permits or consent and generalpenalty.

Date the l5th April, 2014

HON. GILIAN J. ROTICH,Member ofCounty Assembly.

Page 2Page 3Page 4Page 5Page 6Page 7Page 8Page 9Page 10Page 11Page 12Page 13Page 14

Documents

Nakuru County Nuisance Bill 2014