Public Health (Nuisance) Regulations (Cap. 14.01)

Public Health CAP. 14.01 31 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT PUBLIC HEALTH (NUISANCES) REGULATIONS – SECTION 8(1) (S.R.O.s 12/1983 and 10/1990) Commencement [11 September 1983] Short title 1. These Regulations may be cited as the Public Health (Nuisances) Regulations. Interpretation 2. (1) In these Regulations, the following shall be capable of being held to be a nuisance— (a) any place, matter or thing and any deposit or accumulation of liquid or solid matter that is in such a state, or so placed, made or left, as to be insanitary, injurious or dangerous to public health or safety or likely to become so; (b) the existence in or on any premises of— (i) flies, mosquitoes or other insects capable of transmitting or causing diseases; (ii) bedbugs, cockroaches or other vermin; or (iii) mice, rats or other like rodents, bats; and (iv) any other animal which is suspected of carrying a contagious disease; (c) the existence of any condition, matter or thing which in the opinion of a Medical Officer provides or may provide food, or harbourage, or may or may not be a breeding place for insects capable of transmitting or causing disease or for vermin or rodents; (d) any yard, enclosures or other place which is not free from bush and woods, and is not adequately drained and cleaned; (e) any gutter or ditch not kept free from bush, grass, woods or stagnant water or refuse; (f) the presence of any premises or in any place of empty bottles (broken or otherwise) empty tins, coconut shells, uncovered barrels, boxes, or anything that may serve as a receptacle for water and as a breeding place for mosquitoes or other insects capable of transmitting or causing disease; (g) any eaves, gutter or drainpipe in which water has collected; (h) anything which substantially interferes with the entrance of sunlight into or with free ventilation of any neighbouring premises or building; 32 CAP. 14.01 Public Health [Subsidiary] Revision Date: 1 Jan 2002 LAWS OF MONTSERRAT (i) any house, residential building or part of a house or residential building which is overcrowded (contrary to any enactment); (j) any water supply system which is not maintained in a sanitary manner; (k) any water tap, pipe, pump or other means of obtaining water needlessly allows water to run to waste, accumulate and become stagnant; (l) any water supply system in such a condition that the water passing through, when used for domestic purpose, could be injurious to health; (m) any sanitary convenience not properly constructed and maintained; (n) any sanitary convenience located so near to any house as to be insantary, offensive, injurious or dangerous to health or likely to become so; (o) any discharge, except in accordance with a permit granted by the Minister or a Medical Officer, of any industrial waste or other noxious matter on to any beach or into the sea or into any river. ravine, water-course, pond, ditch, drain or other place; (p) any workplace not ventilated so as to render harmless to workers employed therein all grass, vapours, dust or other impurities generated in the course of the work carried on therein; or (q) any workplace so overcrowded as to be injurious to the health of the persons employed therein; and (r) any chimney emitting smoke or grit in such quantity or of such density as to be prejudicial or injurious to the public health. (2) Any act not authorized by law or any failure to discharge a legal duty or any contravention of the provisions of any other regulations made under the Public Health Act, which act or failure or contravention prejudicially affects or is liable prejudicially to affect the public health or safety, shall be deemed to be a nuisance. Overcrowding 3. (1) For the purpose of paragraph (q) of regulation 2 a workplace shall be deemed to be so overcrowded as to be injurious to the health of the persons employed therein if there is less than 300 cubic feet of space to every person employed in a work place. (2) In calculating for the purpose of this regulation the amount of cubic space in any room, no space more than 14 feet from the floor shall be taken into account, and where a room has a gallery, the gallery shall be treated for the purpose of this paragraph as if it were partitioned off from the remainder of the room and formed a separate room. (3) For the purpose of paragraph (i) of regulation 2 a house or residential building shall be deemed to be so overcrowded if less than 44 square feet is occupied by each person. Public Health CAP. 14.01 33 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT Offence 4. (1) Any person who— (a) commits a nuisance; (b) aids and abets another person to commit a nuisance; or (c) being the owner or occupier of any premises causes or knowingly permits a nuisance to exist thereon; shall be guilty of an offence. (2) A person guilty of an offence under these Regulations shall be liable to a fine not exceeding $500 or $75 for each day that the nuisance is allowed to exist after the notice is served.