Summary Jurisdiction (Littering Offences) (Violation Tickets) Regulations (S.I. No. 130 of 1991)

BELIZE SUMMARY JURISDICTION (OFFENCES) ACT CHAPTER 98 REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003 This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000. ARRANGEMENT OF SUBSIDIARY LAWS BELIZE SUMMARY JURISDICTION (OFFENCES) ACT CHAPTER 98 REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003 This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000. This edition contains a consolidation of the following laws- Page SUMMARY JURISDICTION (LITTERING OFFENCES) 3-12 (VIOLATION TICKETS) REGULATIONS THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Summary Jurisdiction (Offences) [CAP. 98 [ ] 3 CHAPTER 98 SUMMARY JURISDICTION (LITTERING OFFENCES) (VIOLATION TICKETS) REGULATIONS ARRANGEMENT OF REGULATIONS 1. Short title. 2. Interpretation. 3. Issue of Violation Tickets. 4. Authorised Officers. 5. Form of Violation Ticket. 6. Fine to be paid. 7. Time for payment of fine. 8. Court Hearing. 9. Places for payment of fine. 10. Commissioner of Police to ensure compliance with Regulations. 11. Use of fines paid. SCHEDULE ELISA ELISA ELISA ELISA Summary Jurisdiction (Offences)CAP. 98] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [ ] CHAPTER 98 SUMMARY JURISDICTION (LITTERING OFFENCES) (VIOLATION TICKETS) REGULATIONS (Section 4) [12th October, 1991.] 1. These Regulations may be cited as the SUMMARY JURISDICTION (LITTERING OFFENCES) (VIOLATION TICKETS) REGULATIONS. 2. In these Regulations “authorised officer” means an officer authorised to issue violation tickets under Regulation 3; “littering offence” means an offence under paragraphs (xx), (xxi) or (xxii) of subsection (1), or under subsection (11), of Section 4 of the Summary Jurisdiction (Offences) Act, or any other offence which may be so designated under this Act or any other law; “Minister” means the Minister for the time being responsible for the Environment; “person” includes (a) a body corporate; (b) an unicorporated body; “violation ticket” means a ticket issued in pursuance of these Regulations. 130 of 1991. 55 of 1996. Ch. 99 Short title. Interpretation. CAP. 98. 55 of 1996. ELISA ELISA ELISA THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Summary Jurisdiction (Offences) [CAP. 98 [ ] 5 3. Any person who commits a littering offence may be issued with a violation ticket by an authorised officer. 4. (1) Subject to these Regulations, the following persons are authorised to issue violation tickets: (a) Members of the Belize Police Department; (b) Transport officers appointed under the Motor Vehicles and Road Traffic Act; (c) Health Officers appointed under the Public Health Act; (d) Justices of the Peace; (e) Administrators to City Councils or Town Councils; (f) Bus conductors or any other person whom the Minister may in his discretion appoint for issuing violation tickets. (g) Environmental Officers of the Department of the Environment; (h) Persons authorised by City Councils or Town Councils; (i) Any person whom the Minister may in his discretion appoint. (2) An authorised officer may, if he sees a person committing a littering offence, issue him with a violation ticket either at the same time the offence is committed or within forty-eight hours thereafter. (3) Any person who refuses to receive the violation ticket from an authorised officer, or refuses to give his name and address, or Issue of Violation Tickets. Authorised Officers. CAP. 230. CAP. 40. 55 of 1996. Summary Jurisdiction (Offences)CAP. 98] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 6 [ ] give a false name or address, shall be guilty of an offence and shall be liable to the same penalties as if he had committed a Littering offence. (4) All persons who are authorised to issue violation tickets under sub-regualtion (1) above shall (a) as soon as may be after issuance, forward a copy of the violation ticket to the Commissioner of Police; (b) on the first day of every month, account for all violation tickets issued during the preceding month, to the Permanent Secretary to the Ministry for the time being responsible for the Environment. 5. (1) The violation ticket shall be in the form specified in the Schedule to these Regulations and shall be issued in duplicate. (2) The Permanent Secretary to the Ministry for the time being responsible for the Environment shall be responsible for the printing, supply and distribution of all violation tickets necessary for the effective functioning of these Regulations. 6. (1) Every person who is issued with a violation ticket shall, except as otherwise provided by Regulation 6, pay a fine of one hundred dollars, which amount shall be clearly stated on the face of the violation ticket. (2) Where a violation ticket is issued to a body corporate or an unincorporated body, that body shall pay a fine of five hundred dollars, which amount shall be clearly stated on the face of the violation ticket. 7. (1) The fine stated on the violation ticket shall be paid within fifteen calendar days of the date of issue of the ticket, failing which the fine shall be increased at the rate of ten dollars for every day the fine remains unpaid in the Form of Violation Ticket. Fine to be paid. Time for payment of fine. 55 of 1996. 55 of 1996. THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Summary Jurisdiction (Offences) [CAP. 98 [ ] 7 case of a natural person, and fifty dollars for every day the fine remains unpaid, in the case of a body corporate or an unincorporated body. (2) If the fine stated on the violation ticket remains unpaid for a period of 30 calendar days from the date of issue of the ticket, and no Court hearing has been requested by the violation under Regulation 7 below, the violator may be summoned to appear in court to answer the littering offence alleged to have been committed by him. 8. If a person who has been issued with a violation ticket wishes to appear in court for hearing he may, within fifteen calendar days of the date of issue of the ticket, so inform in writing the Officer-in-Charge of the police station of the district where the ticket was issued, together with a duplicate copy of the ticket, and he shall then be served with a summons to appear in court to answer the charge. 9. (1) The fines in respect of violation tickets may be paid at the Treasury, District Sub-Treasury, or at any Magistrate’s Court. (2) Every person paying the fine in respect of a violation ticket shall deliver the duplicate copy of the ticket to the officer collecting the fine. (3) All Treasuries, District Sub-Treasuries and Magistrates Courts shall: (a) ensure that the correct amount of fine is paid by the offender, including any increased fine which may have accured by virtue of Regulation 6; (b) issue a receipt for the amount of fine collected; (c) keep a full record of the amount of fine collected on the violation tickets, showing inter alia the names and Court Hearing. Places for payment of fine. Summary Jurisdiction (Offences)CAP. 98] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 8 [ ] address of the persons paying the fine, the number and date of the violation ticket, the amount of fine collected, and the date of payment of fine; and (d) at the end of every month, forward a copy of the record prepared in pursuance of paragragh (c) above to the Commisioner of Police together with duplicate copies of the violation tickets. 10. It shall be the duty of the Commissioner of Police to ensure that every person who has failed to pay the fine, or the correct amount of fine, in respect of the violation ticket issued to him, by the specified date, or any person who requests a court hearing under the provisions of Regulation 7, is charged with a littering offence and duly prosecuted according to law. 11. (1) All fines and penalties collected by virtue of these Regulations shall be credited as follows: (a) to the account of the repective City Council or District Board, if the offence was committed within town limits; (b) to the Consolidated Revenue Fund, if the offence was committed outside town limits. (2) All such fines and penalties as aforesaid shall be used for keeping public roads and public places clean and for preventing the defilement thereof by litter. MADE by the Minister responsible for the Environment this 3rd day of October, 1991. Commissioner of Police to ensure compliance with Regulations. Use of fines paid. THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Summary Jurisdiction (Offences) [CAP. 98 [ ] 9 (GLENN D. GODFREY) Attorney General and the Minister of Tourism and the Environment Summary Jurisdiction (Offences)CAP. 98] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 1 0 [ ] SCHEDULE [Regulation 4] LITTERING OFFENCES (VIOLATION TICKETS) REGULATIONS FORM OF VIOLATION TICKET No. Date of Issue AMOUNT OF FINE: ONE HUNDRED DOLLARS ($100.00) FOR PERSON FIVE HUNDRED DOLLARS ($500.00) FOR CORPORATION/ COMPANY NAME OF PERSON, CORPORATION/COMPANY TO WHOM ISSUED: ADDRESS OF PERSON, CORPORATION/COMPANY TO WHOM ISSUED: DATE AND TIME OF THE OFFENCE: PLACE WHERE OFFENCE COMMITTED: BRIEF DESCRIPTION OF LITTER: DUE DATE FOR PAYMENT: 55 of 1996. THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Summary Jurisdiction (Offences) [CAP. 98 [ ] 1 1 NAME OF OFFICER (IN BLOCK LETTERS) ISSUING THE TICKET: DESIGNATION AND ADDRESS OF THE OFFICER ISSUING THE TICKET: NOTES 1. The Violation Ticket has been issued in respect of a littering offence which is defined in Regualtion 2 of the Littering Offences (Violation Tickets) (Amendment) Regulations, 1995. 2. You should pay the fine stated on the ticket at any Treasury, District Sub-Treasury or at a Magistrate’s Court, within fifteen (15) calendar days of the date of issue of the ticket, by delivering a duplicate copy of the ticket. 3. If the fine is not paid within fifteen (15) calendar days, a charge will be made of ten dollars for person and fifty dollars for corporation/ company for every day the fine is unpaid. 4. You have the right to ask for a court hearing. If you wish to exercise that right, you should, within fifteen (15) calendar days of the issue of the ticket, inform in writing the Officer-in-Charge of the Police Station of the District where the offence was alleged to have been committed, and enclosed with your letter a duplicate copy of the Violation Ticket. 5. If the fine stated in the Violation Ticket remains unpaid for a period of thirty calendar days and you do not request a court hearing, you shall 55 of 1996. Summary Jurisdiction (Offences)CAP. 98] THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 1 2 [ ] be charged and summoned to appear in court and in the event of a conviction, you shall be fined up to five hundred dollars or sentenced to imprisonment for a term not exceeding two months. 6. It is an offence to refuse to give your name and address to the authorized officer or to give a false name or address.