Litter Act (Cap. 40:61)

LAWS OF DOMINICA LITTER ACT CHAPTER 40:61 Act 4 of 1990 Amended by 6 of 1991 Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-13 111995 L.R.O.111995 2 Chap. 40:61 Litter Note on Subsidiary Legislation This Chaptercontainsno Subsidiary Legislation. Litter CH.t';'PTER 40:61 LITTER ACT ARRANGEMENT OF SECTIONS Chap. 40:61 3 SECfION 1. Short title. 2. Interpretation. 3. Offence and penalty for littering public and other places; and for aiding and abetting. 4. Litter deposited by person attendingperformance orentertain ment. 5. Enforcement of the removal of litter. 6. Appointment of authorised officers. 7. Power to enter premises. 8. Power to remove derelict vehicles. 9. Disposal of removed vehicles. to. Immunity. 11. Continuing offences and penalties. 12. Sentencing. 13. Delegation by Minister to local authorities. 14. Regulations. 15. Amendment of Ch. 25:01. SCHEDULE. T. 1/ n 11100, 4 Chap. 40:61 Litter CHAPTER 40:61 LITTER ACT 4 of 1990. Commencement. Short title. Interpretation. Ch.25:01. Ch.25:10. Ch.25:90. Ch.25:30. r ..n 10n AN ACT to make provision for the abatement of nuisances caused by the littering of premises and public places and for pur poses connected therewith or incidental thereto. [22nd March 1990] 1. This Act may be cited as the LITTER ACT. 2. (1) In this Act "authorised officer" means any person appointed under section 6 of the Act and includes any police officer and any contractor or carrier authorised by the Minister for the removal of litter; "Court" means a court of summary jurisdiction; "derelict vehicle" means a vehicle which, by reason of its condition, appears to an authorised officer to have been abandoned; "litter" means anything whatsoever including rubbish, oddments, leavings, coconut shells, wastepaper, cigarette ends, bottles (whether empty or not), derelict vehicles and any dead animal or carrion; "local authority" means the Roseau City Council established under the Roseau City Council Act, the Portsmouth Town Council estab lished under the Portsmouth Town Council Act, the Carib Reserve Council established under the Carib Reserve Act, the Canefield Urban Council established under the CanefieldUrban • 11" 1 1 1 .1... .--- ... ----------- ---- .. ------- .. Councils Ordinance; "Minister" means the Minister responsible for Health; "nerson" includes a hodv cornorate. an unincornorared association andr- --- - ------ ------.' ---r-------o----~---------r-------~-~~-·--·------~---·--- .... .....-- ...... .;-~ 0..;. ~-~ ... o..;. .:;... ...u;;. ~- .. Litter Chap. 40:61 5 "premises" mCW.lS land, other than any DliUilit12S u1ereon. whether vested in the State or not and includes natural water courses and drains, whetherboundary orinterlotdrains in any private lay-out or otherwise; "public place" means any place in which members of the public are allowed with or without payment and includes any street, road, highway, by-way, market, beach, park or garden and any place designated by the Minister a public place in accordance with section l4(b). (2) Forthe purposes ofthe definition ofthe expression "derelict vehicle", the opinion ofan authorised officer shall beconclusive for all purposes, and in forming the said opinion he may take into account (a) that the wheels of the vehicle or any of them or the engine or any other parts including the seats have been removed; (b) any other factors taken together with the fact that the vehicle is not currently or has not been licensed for the past six months. 3. (1) Any person who throws down, drops or otherwise deposits Offence and penalty for littering public or leaves any litter in, into or upon any public place in such cirCUm-andother places; stances as to cause, contribute to or tend to lead to the defacement ofany a;:/?r aiding and public place by such litter is guilty ofan offence and liable on summary a ting. conviction to a fine of one hundred and fifty dollars and imprisonment for one month. (2) Any person who throws down, drops or otherwise deposits or leaves any litter in or upon any premises owned or occupied by another person without the consent of that person, the proof whereof shall lie on the person charged, is guilty of an offence and liable on summary conviction to a fine of one hundred and fifty dollars and imprisonment for one month. (3) A person who purposely aids, instigates or encourages another person iu couuavene any 01 me provisions of this section is guilty of an offence and liable on summary conviction to a fine of one uuuurcu iliiU liUy uouars auu uupnsonmem WI one morun. (4) In the case of a second or subsequent offence against any of the provisions of this section a person is liable on summary conviction to a fine of two hundred and fifty dollars a.'1d imprisonmentfor LlJ.ree ',RO 11/995 6 Chap. 40:61 Litter Schedule. Ch.4:20. Ch.4:20. out prejudice to his right to take any other stepsunder the authorityof this Act, any authorisedofficermay,if he has reasonto believethat any person has contravened, or is contravening any provisions of this section, issue a ticket to that person in the form in the Schedulehereto charginghim with the commissionof the offence and offeringhim the opportunityofdischargingof anyliabilitytoconvictionof suchoffence by paymentof a fixed penaltyunderthis sectionandnotifyinghim that a complaint will be made againsthim in respect thereof and requiring himeitherto paythe fixedpenaltywithinthe timespecifiedin the ticket orto appearat the Courtspecifiedinthenoticeon theday andatthehour stated therein to answerthe said complaint. (6) The authorisedofficer shall send to the Clerk of the Mag istrate for the magisterialdistrict in which the offence is committed,a duplicate of the ticket, and that duplicate shall be deemed to be a complaint made before the Magistrate and a summons issued by the Magistrate for the purpose of the Magistrate's Code of Procedure Act. (7) Wherethe fixedpenaltyis du1y paid in accordancewith the ticket, the person on whom the ticket is served is not liable to be convictedof the offencein respectof whichthe ticketwasgivenandthe proceedingsinstitutedby the ticketaredeemedto havebeendismissed. (8) Whereapersonis givenaticketunderthis sectionin respect of an offence no further proceedingsshall be taken againstany person for that offenceuntil the end of the fourteendays followingthe date of the ticket. (9) In the foregoing subsections "proceedings" means any criminal proceedingsin respect of the act or omission constituting an offenceunder this sectionand the word"convicted" shallbe construed in like manner. (10) Paymentof afixedpenaltyunder this sectionshallbemade to the Clerk of the Magistrate for the magisterial district in which the offence is committed, and sums paid by way of fixed penalty for an offence shall be treated for the purposes of the Magistrate's Code of p~~~~~~~ A:.~! ~~ ~f!~~,-' '-I '~!"~ ~~~~ ~~~~~d 0!"! ~~!!'!!!!~~ ' ~0!!~li~!i0!! f~!" theoffence;andin anyproceedingsa certificatethatpaymentof a fixed penaltywas or wasnot made to the appropriateClerkof the Magistrate byadate specifiedin thecertificateshall,if thecertificatepurportstobe siznedbv the Clerkof theMazistratehe sufficientevidenceof the facts ~. .I ---- --- --- - - - - - - ~ - - - - - - - -- -- ~ .. ~ ..Ji ~. 1 .. .; .... •- ~ -- ~ a Litter Chap. 40:61 7 (11) The time within which the fixed penalty is payable Sh;lH t~ tourteendays from the date ofthe ticket, and where payment reaches the Clerk ofthe Magistrate after that time it shall not be receivable and shall be returned to the sender. (12) A ticket given under subsection (5) shall be prepared in triplicate, that is to say, the original which shall be served on the offender, the second copy, whichthe authorised officer shall send to the Clerk of the Magistrate and the third copy retained by the authorised officer, and shall specify (a) the date, time and place of the giving of the ticket; (b) the section ofthe Act under which the offence is alleged to have been committed and such particulars of the offence as are necessary for giving reasonable informa tion of the allegation; (c) the time within which the fixed penalty may be paid in accordance with subsection (11); (d) the amount of the fixed penalty; (e) the Clerk of the Magistrate to whom and the address at or to which the fixed penalty may be paid or remitted; (j) the address of the Court at which the person is required to appear in the event of his failure to pay the fixed penalty within the specified time and the date and time for his appearance; and shall state also, that during the period of fourteen days by virtue of subsection (8), no further proceedings will be taken for the offence. (13) The fixed penalty for an offence shall be twenty-five dollars. (14) Where the fixed penalty is not paid within the time specified in the ticket, proceedings in respect ofthe offence specified in the notice shall proceed in the manner prescribed by the Magistrate's Code of Ch.4:20. Procedure Act. 4. (1) The organiser of any show, dance. bazaar, fair, or other litterde!:"si;edby performance or entertainment shall ensure that litter deposited in any ::~~::;:eu:g public place adjoining the place at which the performance or en- entertainment. tertainment is held, by a person attending the performance or entertain • . A .. A .. .' •••~••• 0,.,. . L.R.D.1Jl995 8 Chap. 40:61 Litter Enforcement of the removal of liner. ,,..,\ T .: ........ .c'"'~ .. ~,.., .... ~~ ....1-.1.: ..... 1 .................. ..J.:......~ .: .... 1 .........- ....1-..- ......... . \ ~j .Lll.l~11VUHUVH a.BY vUUlllt }Jlitlit.: aUiUllllll~a jJUllit.: 'tv 11;;;1;;; dlly performance or entertainment is held shall be presumed, unless the contrary is proved, to have been deposited by a person attending that performance or entertainment. (3) A person who contravenessubsection (1) is liable on sum mary conviction to a fine of five hundred dollars and to imprisonment for six months. s. (1) Without prejudice to any proceedings for an offence com mittedunderanyotherenactment,wherelitteris left orcausedtobekept in or on any premises, an authorisedofficermay give notice in writing to the person so leaving or causing any litter to be left thereuponor to the owner or occupier of such premises requiringhim forthwith in the case of dead animals,carrionor otherlitter consideredto be dangerous, or offensive to health, andin anyothercase withinsuch time asmay be limited by the notice (notbeingless than threedays) to remove the litter so as to restore the premises to a satisfactorycondition. (2) A notice under this section may be served on a person personally or may be sent by post to his last known business or private addressor maybe postedup in someconspicuousplaceon the premises on which litter has been left. (3) A notice sent by post shallbedeemed to have been served, in the case of persons resident in Dominica not later than the fifth day succeeding theday on which the notice wasposted and in provingsuch service it shallbe sufficientto provethat the letter containingthe notice was properly addressed and posted. (4) A person who fails to comply with the requirement of a noticeundersubsection(I) is guiltyof anoffenceandliableonsummary conviction to a fme of five hundred dollars and to a further fine of one hundred dollars for every day during which the offence is continued after conviction. I~\ rr'L. ....... .4"': ': ~4- ..... .... . • .: ... 1.-~ 4- ..... .: ..J.: ..... 4- 1 4- ..... ..J': .: - . . - - - -- - .. .- - - - .- - .... - .. - . - .. - - -- -- respect of any failure to comply with a notice given under this section. also direct an authorised officer to enter the premises and remove the litter so left or caused to be left and may recover summarily as a civil debt the expenses reasonahl y incurred in so doing from the person \vho Litter Chap. 40:61 9 6" The ~vlirristermayappoint persons to ~...:. authorised officers for ~~~~~~:~~~f~~. the purposes of this Act 7. (1) Subject to this section an authorised officer may enter any Pow,:"to enter prenuses. premises at all reasonable hours during the day for the purposes of section 5, and shall, in the case of a person appointed under section 6, ifso required, produce his instrument of appointment issued in accordance with the provisions of that section. (2) An authorised officerentering any premises by virtue ofthis section, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has so entered, shall leave them as effectively secured against trespassers as he found them. (3) Every person who hinders or molests or interferes with any person doing anything that he is authorised to do under this Act or prevents or attempts to prevent any person from doing any such thing is guilty ofan offence and liable on summary conviction to a fme oftwo hundred and fifty dollars and imprisonment for three months. 8. (1) Without prejudice to any proceedings for an offence com- Powertore~ove derelict vehicles. mitted under section 3, where any derelict vehicle is left in any public place in such circumstances as to cause, contribute to or tend to lead to the defacement thereof, the Minister may give notice to the owner or to the person leaving the vehicle or causing it to be left in any public place requiring him within three days of such notice to remove the derelict vehicle therefrom. (2) A person who fails to comply with anotice under subsection (1) is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to a further fine of one hundred dollars for every day during which the offence is continued after conviction. (3) Without prejudice to his right to take proceedings in respect of failure to comply with a notice given under this section, the Minister may at any time without giving any further notice direct the authorised nffif"prtn rPrnrnTP th,:o."":3h1i"l t:to con. lAft'nr f"l)l1C"A~ tn ho. l,a,-H- I'lnr11"'Y\ I'n:r rann"n,.. ~------ ....... ~ -----... • -- --- y .............. .. .... "" ... ...... "".&. .........................- """"-- ..."' ...... -... ..- ........ ") ...""'""'"',. "".. from the owner thereof the expenses reasonably incurred for such (4) The expenses determined under subsection (3) shall be deemed a judgment debt in favour ofthe Accountant General and shall be payable to the Accountant General together with interest at six per i-Pili.-ifl'. l'"'\Ar "":innl1'i""r"l r~r",~Y"''''i"ori f'....",'t"n i"h ...... Ani-...... i-h ....... , .....i,;,..I ...... 'honn "h n o -; --=-;.~:.--- -;..:..::- - -;-- .:::.:..::.- .:.- .:..:.;..;~ ~- - .:..:. .::;;~ L.R.o.1I1995 10 Chap. 40:61 Litter Disposal of removed vehicles. Immunity. Continuing penalties. ..". ........ ,.,....... rt ", .f"~W"'Y'I -t-1, .... AnT'"' t-l,..,. ,..,."...TT""' .... .f"t-'h.n ..--lo ....nl;,-..~ '1'01,"; ,-.10 r-......~1-, ..'J ':';ori:"r..'i".... 1\..111\.JY ""U, \.J.1 .U,\.JUl U.1\..; uc.:n,\'; WI\; VVY.l1\..;1 \.J.l. WI\; U\;1,"-,U\,;L. \'\,;.1ll\,;.1'-' \..J1. 1,..11'--' .i' -'.l:.;,'U'.!..!. leaving the vehicle or causing it to be left in the public place was informed of the amount of such expenses, whichever is the later. 9. (1) Whereitisdecidedtoremoveaderelictvehicleinpursuance ofthe foregoing provisions of this Act a notice ofsuch removal shall be published in the Gazette and in a local newspapercirculating in the State stating the place where the derelict vehicle has been deposited. (2) To every such notice described in subsection (1) there shall be appended a statement to the effect that the vehicle shall be disposed of if not claimed within seven days of the notice. (3) Where a notice has been given under the preceding subsec tion and no lawful claim is made by any personthe Ministermay dispose of the derelict vehicle in such manner as he considers fit. (4) If, before a derelict vehicle is disposed of in pursuance of subsection (3) that vehicle is claimed by a person who satisfies the Minister that he is the owner and has paid the expenses as prescribed in respect of its removal and storage, the Minister shall permit him to remove the derelict vehicle. (5) Where aderelict vehicle is disposed ofby sale and before the expiration ofthree months from the date ofthe sale any person satisfies the Minister that at the time of the sale he was the owner thereof, such person shall be entitled to receive the amount by which the proceeds of sale exceeded the aggregate of the expenses incurred in respect of the removal, storage and disposal of the derelict vehicle. 10. Where the Minister directs the removal of any litter from any public place in pursuance of the foregoing provisions of this Act, no action, suit or other cause shall lie against him or the authorised officer unless it is shown that such removal was motivated by malice or fraud. 11 Where under this Act a dailv nenalrv is irnnosed in resnecr of a. . . conunumg onence, me court by wrucn a person is convicted or me • -. .. £Or .... . . 1 "1 .- 1 r ~1 1 . r . ~ ~ ongmai ouence may nx a reusonaoie penou IrUITl uie uaie Oiconvicuuu for compliance by the defendant with any directions given by the Court and, where a court has fixed such a period the daily penalty shall not be Litter Chap. 40:61 11 the Court shall take into consideration not only tile purposes of this Act in preventing the defacement or littering of public places and of premises, but also the nature ofthe litter and any resulting risk ofinjury or danger to health or life of any person or animal or of damage to property. 13. The Minister may by instrument under his hand and published ~~~~~~';;'al in the Gazette assign any ofhis functions or powers under this Act, save authorities. those" provided for in section 14, in respect of the area within the boundaries of any local authority, or any specified part thereof, to such local authority, and such local authority, and any person acting under the authority of such local authority, shall enjoy the same immunity as is provided for in section 10 of this Act. 14. The Minister may make Regulations providing for any of the Regulations. following: (a) the declaration of any area for the disposal of litter; (b) the designation of any area as a public place; (c) charges for the removal and disposal of any derelict vehi cles; (d) any prescribed matter; and (e) generally for the fulfilment of the purposes of this Act or matters incidental thereto. 15. The Roseau City Council Act is amended by deleting section AmendmentofCh. 25:01. l8(1)(q). SCHEDULE The Litter Act. 1990 Fixed Penaltv Ticket NameofOffender: .. ,1Ll..ddress: ~ 0 •• (Section 3(5». [6 of 1991]. L.R.O.1Il995 12 Chap. 40:61 Litter CO?-'f1:~~lITTEDTIlE FOLLOW!r-~G OFFEr-~CE STATEMENf OF OFFENCE: Deposited or left litter in a public place in such circumstances as to cause, contribute to or tend to lead to thedefacementofapublicplaceincontravention of section 3(1). Deposited litter in or upon premises owned or occupied by another person without the consent of the owner or occupier in contravention of section 3(2). Aided, instigatedorencouragedanotherperson to contravenetheprovisionsof subsections (1) and (2) of section 3 in contravention of section 3(3). Payment to be made within days of a penalty of twenty-five dollars at the Magistrate's Court, , Commonwealth of Dominica. Should you fail to pay the fixed penalty you are hereby required to attend the Magistrate's Court on the day of , 19 at 9:00 0'clock in theforenoonat theundermentionedaddressas thedefendant in the matter in respect of which this notice was issued. (State Name and Address ofCourt) This ticket was given at on . tStnt> I IN-'li.tii)i'i} f.~irJjp rlrllp \:------ ---~-- . ; :----- ----.; 19 at a.m./p.m. (State time) Litter PpRTICu~ARSOFO~~bNCE Chap. 40:61 13 At a.m./p.m.onthe day of , 19 at . you . contraryto . (State section!regulations contravened) of the . Signature ofauthorised officer. Date . LRD 11199'1 I I I I I I I I I I I I I I I I I I I I