Public Gardens Regulation Act

PUBLIC GARDENS REGULATION THE PUBLIC GARDENS REGULATION ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Appointment of Superintendent of Public Gardens and staff. 4. Delegation of functions. 5. Designation of area for activities. Seizure and Impounding ofstray Animals and Offences 6. Seizure and impounding. 7. Unauthorized destruction of trees, animals, etc. 8. Unauthorized reaping, sale of produce. 9. Unlawful camping or other occupation of public garden. 10. Powers of arrest. Regulations 1 1. Regulations. 12. Increase of monetary penalties by order. [The inclusion of this page is authorized by L.N. llnO1O I PUBLIC GARDENS REGULA TION THE PUBLIC GARDENS REGULATION ACI ACT 18 of 2006. [Ist March, 2007.1 1. This Act may be cited as the Public Gardens Regulation shor t t i t l e Act. 2. In this Act, unless the context otherwise requires- Interpre tation. "functions" includes powers and duties; "public garden" means any land vested in the Commis sioner of Lands, and designated by him or any entity acting on his behalf for use as public gardens, and includes Bath Botanic Gardens, Castleton Botanic Gardens, Cinchona Botanic Gardens, Royal Botanic Gardens, Fern Gully, Holland Bamboo Grove and any other place designated as such by the Commissioner of Lands; "zoo" means a public place or a place within a public garden where a collection of animals is lawfully maintained for purposes of exhibition, conservation or study. 3.-(1) For the due development, maintenance and adminis- $:$! tration of public gardens, the Governor-General may appoint- Super intendent of (a) a Superintendent of Public Gardens; and Public Gardens and (b) such other officers and employees as may be staff. necessary for the efficient operation of public gardens. (2) The Superintendent of Public Gardens may, with the approval of the Minister (a) engage in contractual arrangements with other persons or orgallizatiolls in relation to the provision of recreational activities in public gardens; (b) host such public ceremonies as inay be prescribed in public gardens; (The inclusion of this page is authorized by L.N. lll2OlO I PUBLIC GARDENS REGULATION Designation o f area for activities. Seizure and impounding Unauthorized destruction o f trees. animals. etc. ( c ) determine the opening hours for all public gardens and zoos, and shall perform such other functions in connection with the operations of public gardens as may be assigned to him by or under this Act or any other enactment. 4. The Superintendent of Public Gardens may, with the approval of the Minister, delegate or assign to any persor. all or any of his functions under this Act, but a delegation under this section shall not preclude the performance of the functions by the Superintendent. 5. The Superintendent of Public Gardens may designate any area within a public garden for specific activities. Seizt~re and In7potinding of Stray Animals and Offences 6. A constable or security officer stationed at a public garden (a ) may seize any stray animal trespassing thereon; and (b) with all reasonable dispatch and not later than forty eight hours after such seizure, transport the animal to the nearest pound: Provided that when a Sunday or public holiday intervenes between the time of seizure of an animal and its removal to the pound, it shall not be taken into account in calculating the hours aforesaid. 7.-(1) Any person who, without l a w f ~ ~ l authority (a) destroys a tree, flower bed, lawn or shrub; (b) injures or kills any animal that is lawfully Itept, in a public garden commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding two hundred and fifty thousand dollars or to [The inclusion of this page is authorized by L.N. IlROlO I PUBLIC GAIUlE.r\rS REG ULA TIOAr imprisonment for a term not exceeding three months or to both such fine and iinprisomnent. (2) Any such persoil who, when required by a constable to give his name and address, gives a false name or a false address, commits an offence and is liable on suinmary conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. 8. Any person who, without the permission of the Super- Unauthorized reaping, sale intendent of Public Gardens- of produce. (a) piclts fruits, plants or flowers; (b) sells goods, within a public garden, commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding one hundred thousand dollars or to imprison ment for a term not exceeding three months or to both such fine and imprisonment. 9. A person who, without the permission in writing of the unlnwtill ca~nping or Superintendent of Public Gardens, camps in a public garden, ,,,,,, resides in a public garden or occupies any structure within such occ~lpation of p ~ ~ b l i c a garden, commits an offence and shall be liable on suinmary garden, conviction in a Resident Magistrate's Court to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. 10. Any constable stationed at a public garden or zoo may Powersof arrest. take into custody, without warrant, any person who, in the public garden and within view of such constable, acts in contravention of this Act or any regulations made hereunder. Regulations 11.-(1) The Minister may make regulations for the ad- Regulations ministration and operation of public gardens or zoos and, [The inclusion of this page is authorized by L.N. ll/2OlO [ P TJLILIC' GARDENS IEG ULA TION jvitho~lt prejudice to the generality of the foregoing, such regulations nlay provide for (a) the preservation of order and good conduct among members of the p~tblic using public gardens; (b) the erection on land forming part of a public garden of huts, booths, tents, sheds, stands and stalls, whether fixed or movable; (c) the fees or charges payable in respect of the use of public gardens for specific activities. (2) Regulations made under subsectioil (1) shall be subject to affirmative resolution. (3) Notwithstanding the provisions of section 29 of the Interpretation Act, regulations made under this Act may prescribe in respect of a breach of any of the provisions thereof, greater monetary penalties than those specified in that section, so, however, that the maximum monetary penalty that may be imposed shall be a fine not exceeding two hundred and fifty thousand dollars. ~ncrease of 12. The Minister may from time to time, by order subject to rnolietary penalties by affirmative resolution, increase the monetary penalties specified order. in this Act. [The inclusion o f this page is authorized by I..N. ll/ZOlO I