Arusha municipal Council (Environmental Protection and General Sanitation) By-laws, 1998 (G.N. No. 417 of 1998)

Arusha Municipal Council (Environmental Protection and General Sanitation) THE LOCAL GOVERNMENT URBAN AUTHORITIES (No. S OF 19"iQ) BY-LAWS Made under section 80 TilE /\;UISII,\ r.ll1NIClI'AL COlJNl'lL (ENVIRONMENTAL PRonCTION /\Nll (;[,NU{.\L SANITATION) BY·LAWS. Ilil)S 1. These By-laws may he cited as the Arusha Municipal Council (En vironmental Protection and General Sanitation) By-laws Jl)1)1{ and shall be applicable within the whole area of the Arush~; Municipality. PART I PRELIMINARY 2. In these By-laws, the following words or expressions shall have the meanings hereby assigned to them unless the context otherwise requires:- . "The authority" means the Arusha Municipal Council; "Director" Means the Arusha Municipal Director and includes his De puty or any other Senior Officer of the Council duly instructed; "Health officer" means any Health Officer employed by the Council for the purpose of these By-laws. "Municipal Inspector" means any Municipal Inspector employed by the Council for the' purposes of these By-laws. "Occupier" includes any person in actual occupation of land or premises without regard to the title under which he occup-ies; "Premises" includes land, buildings, vehicles, or other conveyances and tents, structures of any kind, ditches, or places open convcrcd or enclosed, whether built or not; "Persons" includes a corporation whether -aggrcgatc or sole, "Street" includes any street. road, path, lane and sanitary lane; "Footpath" includes any causeway or path at the side of any street or part of a street constructed or set apart for the usc of accommodation or pedestrians; "Plant" means any member of the vegetable kingdom.and includes any part of a plant, whether severed therefrom or not; "Building" includes any structure of whatsoever material constructed; "Linging room" means any room which between the hours of sunrise and sunset is ordinarily used for living purposes; "Sleeping room" means any room which between the hours of sunset and sunrise is ordinarily used tor sleeping purposes: 820 Arusha Municipal Council (Environmental Protection and Genera1 Sanitation) G.N. No. 417 (contd. "Vehicle" means any cart wagon, carriage, bicycle. motor cycle, molor car or rickshaw, and includes any conveyance for the carriugc or persons or goods however propelled or kept in motion, "Horsc" includes mule and donkey. and any cattle when used for trans port purposes: "Dangerous or offensive trade or business' menus the trade or business of any of the following: Blood boiler. bone boiler, soup boiler. boiler, tripe-boiler. glicl' man ufacturer, hide factor. fell mingcr, manure manufacturer knackcr. tanner and sluuuhtcr of cattle. and unv other trade or huxincxs which the authoritv m~lv hv notice lk~larL' io he included ill the ~aid term for the puq,osc \;1' tllcsL' By-laws. 3, It shall he the dutv ofthe authoritv to cause to he made from time to time inspection of all the area within' its jurisdiction where nuisances exist calling for abatement under the powers of these By-laws and to carry out the provisions of these By-laws for the purpose nf abating the same and otherwise to enforce the powers vested in it relating to public Health so as to secure the proper sanitary conditions of all premises, streets and drains within irs jurisdiction . to No matter (or) thinu done hv thL' Authoruv or bv anv officer 01 any other person acting under its liirL'l'tion or acdng under powers con Icrrcd hv these By-laws shall. if the mutter or thine was done hona lidc for the porposc l;f carrying out any provision of till:se By-laws subject it or of any of them personally to any action, liability. claim or demand whatsoever. 5. The Authority or the Health Officer 01 any orncr person duly instructed shall have right to enter from time to time into any land. premises. vessels, or other conveyancer-s (a) For the purpose of examining as to the existence thereon or therein of any nuisance liable to he dealt with summarily under these BY-laws at any time between the hours 01 seven in the morning and six in the evening: (b) Where under these By-laws a nuisance has been ascertained to exist or any order in respect thereto has been made hy the author ity, then at any such time as aforesaid until the nuisance is abated or the work - ordered to be done is completed or the order is cancelled as the case may he: (c) Where any order mauc by Health Officer in respect of any nUI suncc has not been complied with or has been infringed, ;1I all reasonable hours for the purpose of securing the execution III the order; 821 Arusha Municipal Council (Environmental Protection and General Sanitation) b.N, No, 411 {contd.] (d) For the purpose of inspecting and examining any article solid or liquid sold or exposed for sale or deposited for the purpose of sale or prcpurating for sale and intended for the food of man or beast at any time between the hours of seven in the morning and si.x in the evening: (c) Generally for the purpose of carrying out of its powers or duties . under these By-laws at any time between the hours of seven in the morning and six in the evening: and: (f) At any hour of the day or night under the outhority of an order in that behalf granted by the Director upon it upprcaring that there is reason to believe that any building or premises or part of any building or premises is so overcrowded as to be a nuisance liable to be dealt with summarily underthese By-laws or that a closing order is being contravened or that a room is being used as a sleeping room contrary to these By-laws. (,. On the conviction of any person for any offence or on making any order on any person under these By-laws the authority so convicting may also order that such person shall pay the actual expenses incurred by the authority in serving any notice. making uny complaint or obtaining any order. 7, Where no penalty is expressly imposed by any By-laws any person contravening any of the provisions'of these By-laws. or failing to comply with any order or direction lawfully given thereunder, or obstructing or molesting any person exercising powers confcrcd thereby or performing duties imposed thereby or convicted of an offence against these By-laws shall be liable to line not exceeding live thousand shilling« to any such offence. 1'\. Service of every order or notice which the Health Officer or the authority is authorised to give may he effected as follo\\ s: (a) Such order or notice shall if practicable he served personally upon the person to whom it is addressed by delivering to him a true copy thereof and showing him the original and every person upon ~1I1 order.or notice is so served shall. unless illiterate sign a ~~celpt therefore upon the original if so required.by the serving officer: ..... (b) ~hen the addressee cannot by the exercise of dtiediligcnce be found ',the order or notice may he served by leaving a true copy thereof (with) some adult member of his family or house-hold and the person with whom the same is so left shall. if so required by the serving officer. sign 2 receipt therefore on the Original order or notice; 822 Arusha Municipal Council (Environmental Protection ami General Sanitation) • G.N. No. 417 (contd.} (c) If service as above provided for can not by the exercise of due diligence be effected, the serving officer may affix a copy of the order or notice to some conspicuous part of the house in which .the addressee ordinarily resides; or if the order or notice is made in respect of any' house. building. premises or area he may affix a copy of such order or notice on a conspicuous part of the house. builumg or arc ••. PART II SANITATION SUPPRESSION OF NATURAL FOES 9.-( I) The Health Officer or any person authorised by him shall have power to enter any land or any house or buildings between the hours of seven in the morning and six in the evening for the purpose of satisfying himself that there are no mosquitoes breeding upon such land. premises, houses or buildings. (2) The occupier of any area. plot or premises on which mosquito larvae arc found shall be guilty of an offence. (3) The occupier of any land. house or premises upon which there is any well. tank. barrel. tub. bucket or other receptable for the storage of water shall provide the same with·a cover so constructed as to prevent the ingress of mosquitoes and any person failing to provide a cover as aforesaid after reasonable notice has been given hy the Health Officer shall be quilty of an offence. (4) The Health Officer. or any person authorized by him shall have power to enter in any premises or lands on which water may have accumulated in any natural hollow and take such steps as he may consider necessary for the removal or insecticide treatment of such water. (5) Any occupier of any land. house or premises upon which natural foes are found shall be quilty of an offence. (6) A person who contravenes any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceed ing five thousand shillings to any such offence or to imprisonment not exceeding five months or to both fine and imprisonment. For purposes of these By-laws. W. "Nuisance" means anything whatsoever which is in such condition or is so used or disposed of or is so stutated or constructed or is so unclean as 'to be:.: (a) Dangerous to human life orlimb; (b) Injurious to the health of men or animals: (c) Offensive; 823 Arusha Municipal Council (Environmental Protection and General Sanitation) J.N. No. 417 (contd.) (d) Likely to harbour mosquitoes and other insects; (e) Likely injureously to affect the food or water supply of the Instute. 11. If the Health Officer has reasonable grounds for suspecting that a nuisance exists on any premises he may himself or by 'any person authorised by him enter, 'inspect and make inquiries upon such premises at any time between 9.00 am. and 6.00 pm. or at any time when operations suspected or causing the nuisance are believed to be in progress or are usually carried on, and may do any act or thing which may be necessary for the effectual examination of the said premises. 12.-(1) Whenever a nuisance exists or has existed on any land or premises and is likely to recur whether on that land or premises or on any other land or premises the Health Officer or any person duly in structed may serve a notice on the person in default or requiring him with the time specified in the notice to abate the nuisance or to do what is necessary to prevent its recurrence;. (2) Where a notice has been served on any person under this By-laws, ana either the nuisance arose from the wilful or culpable negligence of the said person, or such person makes default in complying with any of the requisitions of the notice within the time specified, he shall be guilty of an offence. INSANITARY PREMISES 13. If, in the opinion of the authority, any premises, tent or tents or any hut constructed of wood, mud or grass, or any other temporary ere~tion used for human habitation is unfit for that purpose or dangerous or is likely to be dangerous to health, the authority may serve a notice upon the occupier of such premises, tent, hut, or temporary erection to remove or destroy the same within the time specified in the notice, and if the occupier fails to comply with any of the terms of the said notice, he shall be guilty of an offence and the occupier of any premises has to cause the same to be limewashed or otherwise cleansed or disinfected and if the said occupier fails to comply he shall be guilty of an offence and the Health Officer may enter upon the said premised and do such work as required and recover the cost thereof from the said occupier. 15. Every person owning any building or premises used as a dwelling houses shall provide such building or premises with proper and sufficient sanitary accommodation to the satisfaction of the authority. 16. No person shall dig or construct any hole for the reception of night soil, urine, dirty water or rubbish of any description except as authorised under these By-laws or by written permission of the Health Officer or he shall not throw any matter or thing or dirty water or allow any such foul matter or thing or dirty water to flow to any yard, plot, street, footpath or public place or into any drain not constructed for the purpose of receiving such foul matter or thing or dirty water. 824 Arm.IUI Municipal Council (Env;rollmenwl Prote(:ttpn and Gcnerul Sanitation) (I.N. No. 417 (conul. 17. The Health Officer may at any time require the owner or occupier of uny premises to cause the same to limcwashcd or otherwise cleansed or disinfected and if the said owner [ail to comply he shall he, guilty of an offence and the Health Officer may enter upon the said premises and do such work as required and recover the cost thereof from the said oWner"hi occupier. ••;i ... , . :i; i'· . DISI'OS,\I. 01' REH!SF A:"D Nuurr SOli. Dt:SrBIN IX. The occupier of any building or premises shall provide and main tain 01 dustbin of sufficient size, and lined with a good and efficient lid and shall daily cause to be placed within such dustbin the domestic refuse from the said building or premises in so far us the SOlid dust hin shall be sufficient to contain the same. 19. No person shall throw or deposit or cause to be thrown deposited in or upon any street or public place ~JI1Y accumulation (if dust, refuse. garbage, decaying animal. vegetables, or noxious mutter. 20. The Authority may require the occupier of any premises to make such arrangements fur the removal and disposal of night soil as it may think tit. 21. The occupier of any plot or portion of u plot shall not in any street or open place throw or lay down any dirt. tilth, rubbish, or stone or building materials. or cause or allow any offensive mutter to turn from ~lJ1Y house, pantry. Cifungheap. or the like. PROTElTION OF VE(iETATtON 22.-( I) No person shall wilfully or negligently cause anv hush or grass lire. or fell. cut. hum. injure or remove ~lI1Y standing tr ...c. shrub. hush. sampling, seedling or unypnrt thereof within the jurisdiction of the authority except by and in accordance with the written permission previously sought and obtained from the authority. (2) It is prohibited to cause fire. clear or destruct vegetation. gather honey or forest produce without the permit of the authority. . (J) Any person who contravenes this condition shall I'll.' guilty of an offence and shall he liable on conviction to 01 line not exceeding five thousand shillings or to u term of imprisonment not exceeding six months or to both line and imprisonment. F()()J) I'IHlTHTU):-! 2J. The Health Officer or any person authorised hy him may at all reasonable hours inspect Hod examine any article exposed for sale or deposited in any place for the purpose of sale or of preparation for sail' and intended for the food of man. the burden of proof the same was not so sold. exposed or deposited being upon the party charged. and if 825 Arus}w Municipal Council (Environmental Protection and General Sanitation) G.N. No. 417 (contd.) any such article. appears to him to be diseased or unsound or unwhole some or unfit for human consumption he may seize it and take it before the Municipal Director and if satisfied that it is diseased or unsound or unfit for the food of man, he may condemn it and the person to whom it helong or did belongs or did belong at the time of sale or exposure for sale or in whose possession or permises the same was found shall be guilty of an offence against these by-laws, in respect of each article condemned. . 24.-(1) Every person engaged in serving meat to customers withjn the authority shall be clothed in a clean white apron or, garment from neck to knee. In case of a breach or this by-laws, he shall be guilty under this by-laws and authority may refuse him a permit to serve meat. (2) No person shall spit, urinate and smoke in the market place, or in any pla.ce within the authority not reserved for that purpose. (3) No dog shall be in the market, or in any dairy, or in any place where meat is exposed for saie. (4) All articles of food attractive to flies, kept, held, or offered for sale shall be protected by proper screening or otherwise, against contami nation by flies or other insects. 25.-(1) No person shall carryon the business of a butcher, green grocer. fishmonger, or preparation of food for sale within the residential premises without first obtaining a permit from the authority and without complying with the requirements of the Health Officer as to the condition of the premises in which the business is conducted and the health of employees serving therein. (2) A permit granted under this by-laws may be suspended at any time if ill the opinion of the authority the condition of the business or the premises in which it is conducted is unsatisfactory until such time as the same is remedied to the satisfaction of the authority. 26.-(1) Every cowshed, building in which cows are kept for the purpose of milk production shall be permitted by the authority and permit shall he issued unless the said premises are deemed by Health Officer to be suitable for such purposes. (2) The authority must be satisfied that the air space, cleansing, drain age and water-supply of the dairy or cowshed are such as are necessary for: (a) The Health and good condition of the cattle; (b) The cleanliness of the milk vessels and aU the utensils used in the manufacture of such milk; (c) the protection of the milk against infection and contamination. 826 Arusha Municipal Council (Environmental Protection and General Sanitation) G.N. No. 417 (contd.) SLAUGHTER HOUSES AND ANIMAL 27.-(1) No animal shall be slaughtered within the authority except at the Council's abattoir. (2) No meat of any animal slaughtered outside the abattoir shall be brought into or sold within the authority unless it has been inspected and passed fit for human consumption by the Health Officer or other person authorised by him, or unless the carcass has been taken to a Government or Registered slaughter-house. (3) No carcass or portion of carcass shall be removed from a slaughter house until it has been inspected and certified by the Health Officer or a Veterinary Officer. (4) All animals awaiting slaughter shall be provided with sufficient space and water, and the slaughtering shall be carried out with due regard to prevention of cruelty. (5) No dogs shall be permitted at any time to enter a slaughter house. (6) No hide or skin shall be removed from the slaughter house unless it has been dried in the place provided therefore and is in a fit and sanitary condition to be sold or otherwise disposed. 28.-(1) Every person who conveys or causes to be conveyed any meat, which is to be used for human consumption, in any vehicle shall-> (a) cause the meat to be placed in a clean receptable; (b) cause the inside of such vehicle to be kept clean; (c) cause the meat to be protected by means of clean cloth or other suitable material if the top, sides or back of such vehicle isopen., (d) not permit any live animal to be conveyed in such vehicle at the same time as the conveyance of such meat. (2) Every person engaged in the handling of conveyence of meat which is to be used for human consumption shall (a) not permit any part of the meat to come into contect with the ground. (b) cause the inside of such vehicle to be kept clean. (c) shall cause the meat to be protected by means of clean cloth or other suitable material if the top sides or back of such vehicle is open. (d) not permit any, live animal to be conveyed in such vehicle at the same, ti~· as the conv.tlY.ence of such meat. (3) Every person engaged in the handling of conveyance of meat which is to. be used for human consumption shall (a) not ilc.R1lit any part of the mean to come into contact with the ground; (b) take such other precautions as are reasonably necessary to pre vent the exposure of the meat to contamination by flies or other insects: 827 Arusha Municipal Council (Environmental Protection and General Sanitation) C.N. No. 4/7 (contd.) (c) while so engaged, he clethed ill a-de a.. and ",a~-flable head ~ll"­ ering and overall. (4) In case of any breach of this by-laws the authority may refuse or rescind to issue him a meat serving permit within the authority. . , 29.---( I) No person shall keep any hourscs , cattle. sheep, goats or pigs, or wild animals within the authority except with the written permis sion of the authority. (2) Every stable cowyard, caulched, pigstry or other place used for the keeping of hourscs, cattlc , sheep, goats, pigs 01' other animals or birds shall be kept in a sanitary condition to the satisfaction of the authority and any place in which animals or birds arc kept shall be constructed and drained 10 the satisfaction of the aut hority. (3) No person shall throw or deposito or cause to he deposited by corpse or carcass upon any street. (4) No person shall keep any cattle having glanders. hog cholera, magna. or other forms of typunosorniasis. piroplasmuosis or other con tagious diseases of domestic animal. (5) The owner or person in charges of any such cattle: either remove or destroy the same when required to do so by the Health Officer or by authority. (6) No compensation shall be payable to the owner of cattle so de stroyed. (7) Any person who contravenes Ill' fails to comply with any of the provisions of these By-laws shall be guilty of an offence and shall be liable on conviction to a line not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such line and imprisonment. CF\1ITERII'S 30-( 1) TIlL' authority may appoint or set aside any area or areas as cemetery or cemeteries and appropriate any such cemetery or part thereof to the burial or cremation of person of any specified Religion. (2) When a cemetery has been so appointecl (a) no corpse of any person shall be buried except in such cemetery without the written permission of the authority. (b) No corpse shall be buried less than () Icctbclow the ground adjouning the grave. (c) No person shall dig up take out or in any way interfere with a corps once buried except under special licence in that behalf granted by the police, or in accordance with the law. (J) No person shall bury cremate or otherwise dcsposc of the corpse of any person who had died within the authority without a permit signed by the Heald Officer or by a Government Medical Officer. 828 Arusha Municipal Council (Environmental Protection and General Sanitation) G.N. No. 417 (contd.) J 1.-( I) For the purpose of carrying out the supervision of the sani tation and safeguarding the health within the authority, the Health Offi cer'or' any person authorised by him shall have a power of entry, inspec tion and taking the necessary measures. (2) Any person obstructing inspection or entry of premises for the purposes above mentioned shall be guilty of an offence under this by-laws and upon conviction he will be liable for a fine not exceeding five thousand shillings. 32. Any person keeping any wild, dangerous or ferocious, dog, mon keys, snake or other animal. or pigs, ducks, geese or other poultry so as to be a nuisance or dangerous to a neighbour or to the public shall he guilty of an offence and shall be liable to pay for any damages caused by the animal. JJ. Where these by-laws arc silent or in conflict with other laws the Principal shall have POWCf to direct. PART III WATER POLLUTION I. No person shall be permited to wash any vehicle in any river. stream, water course, spring, well or other water supply within the area of jurisdiction of the Arusha Municipality. 2. The Council shall authorise and issue a licence to any person, or body of persons to establish and operate vehicle washing facilities within the area of jurisdiction of the Council. 3, It shall be the duty of the person or body of persons operating any vehicle washing facilities to erisurs that no water from the washing centre enters any river, stream, water course, spring or any other water supply within the area of jurisdiction of the Council so as to create water pollution within the Municipality. 4. Any vehicle which will be caught being washed in any river, stream water course, spring or any other water supply shall be taken to the Municipal yard or Police station and the cover thereof will be penalised to a fine of 5,000/- (five thousand shillings) to retrain back the said vehicle, If the offence is repeated by the same owner of the vehicle a penalty of the hundred thousand shillings (100.000/-) will he imposed upon the habitual offender. 5. Any person who contravenes of fails to comply with any provisions of these by-laws commits an offence and if convicted shall be liable to a fine not exceeding five thousands (5,000/-) or imprisonment for a term not exceeding twelve months or both that fine and imprisonment. 829 Arusha Municipal Council (Environmental Protection and General Sanitation) G.N. No. 417 (contd.) PARTlY REMOVAL OF OBSTRUCTIONS The Council remove obstruc tion Exccrnp tion for loss or damage of obstruc tion power of Police Officers officials of Council Penalty Planting and culti vation of crops pro hihited 1. No person shall leave any vehicle object or load within a street. open spaces, roadreserve, without the permission of the Council. 2. The Council may at any time and in any manner remove any obstruction and may take it to any place as may seen expedient to the Council at the costs of the owner. Provided that no such obstruction shall be removed until the Council has first taken all reasonable steps to require the owner of the obstruction, or where the obstruction is a vehicle. the owner, driver or person incharge of such vehicle, to remove the obstruction. A Notice of seven days to such person will be deemed to be enough notification. 3. Where the Council removes any object under the provisions of these by-laws the Council shall make such arrangement as reasonable for necessary costs incurred to be refunded in the soonest. 4. The Council shall not be liable for any loss or damage that may occur, in such circumstances, under the provisions of these by-laws. 5. Any Police Officer or any official of the Council duty instructed may required the owner, driver or person incharge of any vehicle causing an obstruction to remove such vehicle. and any such requirement may include a requirement that the vehicle shall not be removed to any similar position on a road as the police officer or official of the council may direct. 6. Any person who fails to comply as soon as posible and practicable with any requirements lawfully given by the Councilor a Police Officer under the provision of these by-laws shall be guilty or an offence and shall be liable on conviction to fine not exceeding five thousand shillings or imprisonment on a term not exceeding one year or both such fine and imprisonment. PARTY REGULATIONS OF CULTIVATION 1. No person shall plant or cultivate any crops in any of the areas indicated in the first schedule appended to these by-laws. 830 Arusha Municipal Council (Environmentat Protection and General Sanitation) G.N. No. 417 (contd.) 2. No person shall cultivate in the areas indicated in the second schedule appended to these by-laws any of the following;crops, coffee, bananas, rice, finger millet, sun-flower, sugar-cane, cassava, wheat and sorghum. 3. All crops may be cultivated in the areas indicated in the third schedule provided that no person shall plant any permanent ~rops in those areas without written permission from the authority. 4. The Council may by a resolution from time to time annex areas to the schedules as it deems proper. 5.-(1) No person shall plant or cultivate any crop or plant in prohi bited areas without the written permission of the Council. (2) No person shall cultivate in all surveyed areas by using tractors ploughs or any machinery which shall destroy the survey beacons. 6.-(1) Any person planting or cultivating any crop or plant and find such crop to be infected with either insect of plant post or desease shall report such infestation to the council and shall comply with such instruc tions as may be given by the Councilor its duly authorised officers for the destruction of such insect or plant pest or disease. (2) The Council shall cause to be destroyed any crops .planted in any area prohibited in these by-laws and the person who cultivated the said crops shall bear all the costs for such destruction. (3) Subject to the provisions contained in these by-laws no person shall be permitted to cultivate maize or any crop in any open space. or road reserve. FIRST SCHEDULE AREA WHERE CULTIVATION OF CROPS IS COMPLETELY PROHIBITED I. (a) AREAS COVERING THE WHOLE CENTRAL BUSINESS AREAS (CBD) (i) Kati Ward; (ii) Kalolcni Surveyed area; (iii) Ngarenaro Surveyed area; (iv) Levolosi Surveyed area; (v) Sekei Surveyed area including Corridor and uzunguni area; (vi) Unga Ltd. Surveyed area. (b) River Banks and Valleys of the following rivers. Thcrni Nauru. Kijcngc and Goliondoi - this shall be 20 metres trom the river hanks of valleys, (c) HILL TOPS AND SLOPES: Thcrni Hill and Suye Hill. (d) ALL AREAS OF ROAD Reserve up to a distance of fourteen feet from the road edges on both sides. this covers all roads within the Arusha Municipality. (e) All Public Open Spaces within the CBD (Central Business District). 831 Area where crops may he culti vated Council to annex areas lntcsta non of crops to be rc ported Arusha Municipal Council (Environmental Protection lind General Sanitation) C.N. No. 417 (contd.) SI'COND SCHEDULE , AREAS WhiERE CERTAIN CROPS ARE PROHII3ITED: Maize. plantains. elephant grass millet (except linger millet) Surveyed area within (i) Thcmi Ward; (ii) Oloiricn Ward; (iii) l .cmuru ward - Njiro the following Blocks, A.B.CD and E. THIRD SCHEDULE Right of entry AREAS WHERE CULTIVATION MAYBE CARRIED OUT UNDER PERMIS SION: - '. Njiro the following Blocks. F.( i.Ll and J. 7. Any officer,or employee of the Council duly authorised in writing may at all reasonable times enter into or upon any land prernics for the purpose of inspecting and or carry out works which in the opinion of the Council arc contraventions to the provisions of these by-laws and may recover all costs and expenses incurred by the Council from the person who has rails to comply with the provisions of these by-laws. X. Any person who contravcnccs of fails to comply .with any of the provisions of these by-laws shall be guilty of an offence and shall be liahle on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to hoth such fine and imprisonment and for orders that the crops be removed. PART VI PREMISES FROM MAINTENANCE I. It shall be the duty of any person owing or occupying any building to construct and maintain of frontage pavement of his building to the satisfaction of the Council, or remit an amount 'of money to the Council for such work as will be estimated and determined by the council. 2. If the owner or occupier has failed to contract and maintain a frontage pavement in a period specified in the notice served upon him or cannot be found, the council may construct and maintain the same ami recover the cost. J. Upon completion of the Job the Engineer will handover the work to the owner. A writen statement of handingover signed by the Engineer and authenticated hy the Director delivered to the premises of the owner shall be deemed to be a sufficient handing over. The owner shall accept the same and pay the costs involved. 832 National Social Security Fund (General) G.N. No. 4/7 {contd.} If after seven days upon such handingover the owner will not have paid the demanded slim representing the cost. legal proceedings willbe instituted to recover the same. 4. Any person contravening any of the provisions of these by-laws of fulling to comply with an order or direction lawfully given there under or" obstructing any person carrying out work conferred there by the by-laws shall beguilty of an offence against these by-laws shall be liable, on conviction. to pay a fine of five thousand shillings or six months imprisonment or to both such line and imprisonment, in addition to being ordered to pay the full costs incurred towards construction of the payment. The Seal of the authority was affixed to these by-laws pursuant to the resolution of the authority passed at a meeting of the authority dully convened and held on the 27th day of February, 1998 and the s<fme was so affixed in the presence of:~ Dodoma, 26111 June. 1995 PIIILH' KIVUYO, Mayor of ,he Council ASUMPTA F. NOIMBO. Municipal Director I APPROVE HON. MUSSA S. K. NKUANGAA (Mp.). Minister of State, Regional Administration and Local Government GOVERNMENT NOTll'l, No. 41H published on WI7II991l 833