Honiara City Council (Markets) Ordinance 2009 (L.N. No. 15 of 2009)

7 SUPPLEMENT to tile Solomon Islands Gazette 'Iiicsdav 23rd March, 2010 S.I. No. 13 1.ceal Notice No. I HONIARA CITY COUNCIL (MARKETS) jJtI. 2009 Arrgcment of clauses PART I - PRELIMINARY Short title and commencement 2. Repeal of Ordinances 3 interpretation PART 2 - CONDUCT 011 MARKETS J. Council may conduct public markets 5. Determinations about public markets 6. Fees for public markets 7. Offcnces relating to private markets PART 3 - P()WLRS OF MARKET \4ANAGFR 8. Council may appoint Market Manager 9. Market Manager may issue directions 10. Council may require Market Manager to issue directions etc II . Offence: failing to comply with Market Managers directions 12. Offence: failing to comply with Market Manager's directions regarding food safety PART 4 - GENERAL OI:I:ENCES 13. Selling goods without paying fee 14. Fntering market outside of opening hours 1 5. Selling unapproved goods 16, Selling overpriced goods 17. Public speaking etc PART 5 MISCLJ.j\N1:OLS S. l! uion of I iahllit\ for harm to persons and prop-"T-t\ 9. General powers of authorised ofliccr 20. Po C s of en loreement ofhcer to arrest ithout \\ arrant 2 I . 1\uthorised oil iccN ma\ proccute otiences 2 l:iIu -e to eonlpl\ ith Market Manager ciireetion additional con cq ne nce 22 Penalties payable to Council 2 .. .\ifori sed off ieer I ON 1, k R A CITY (T()i 'NCI L (\IARKL1S) If!,!. 2009 A It 11, FO AN 0 RI)INA NCE made pursuant to sections 34 and 35 ot the 1 loniara C it Act 1999 (Act \o. 2 of 1999) to provide for the renulation of publ ic markets in I loniara City and for related purposes. FACTEi) h\ the I loniara City Council a to! os s PART I - PRELIMINARY Shot tit:c I. 'I his Ordinance may he cited as the I loniara City Council (M a kts) Ordinance incu 2009 and commences on the date it is published in the ntflrflfl (,a:ette. 2. The I loniara City (Markets) Ordinance is repealed. 3. Tn this Ordinance, unless the context otherwise requires i :tcrprctat1 00 "Act" means the Honiara City Act 1999: 'appropriate fee'' means any fee prescribed in the lion iara City Council (Fees. Rates and Charges) Ordinance 2009 for the purposes of the provision in which the term appears: "authorised (?/jeer" means a person authorised under section 24: "City Clerk'' means the Chief Executive of the Council ap)intcd under section 42(1) of the Act; "Cl/v Fund" means the general fund for IToniara City established under section 39 of the Act; "Council" means the I loniara City Council established under section 4 of the Act; 'conduct a market" includes causing orrmining a market to be conducted: 'jacilu'v includes a parking space; 'promotional actut'it\' includes an activity advocating a political or religious belief or cause; "public market" means a market conducted by the Council. PAR'!' 2 - (;ONDL CT OF \IARKETS 4. The Council iiay conduct PUNIC markets on land \ hich the Co. rav Council ii O\ fl OC upic controls or man lee 5 (1) The Council may make the to) !O\\ inc determinations in iclation to a public m ukct (a) opening hours for the public market: (b) types of goods that may or may not he sold at the public market; (C) maximum prices that may he charged for types of goods at the public market. (2) The Council must display a written notice of any determination made under subsection (I): (a) in a conspicuous place at the Council's main office during office hours; and (b) in a conspicuous place at the market to which the determination relates. ici or 6. (1) The Council may, upon payment of the appropriate fee. Permit any person: (a) to sell types of goods at a public market; or (h) to use types of equipment or facilities at a public market. 7. (1) An owner or occupier of land who conducts a market on the land without prior written permission from the Council commits an offence anar. to and is liable on conviction to: (a) a fine not exceeding 10,000 penalty units; and (h) a fine not exceeding 50 penalty units for each day on which the offence continues after the day on which any notice is given to the owner or occupier under subsection (2). (2) An authorised officer who reasonably believes that an owner or occupier has committed an offence under subsection (1) may give the owner or occupier a written notice to this effect. PART 3 - POWERS OF MARKET S. The Council may appoint a \1 arket ManagCr for each pub) ic market. 50 Subject to section 10. the \1mkct \lnnaecr For a market m i\ !SSLk dlfttIOn' )i ilk pm pOSL o pi omotin (a) the orderly function ,aftv. cleani ines or amen tv of the market: or (h) the safety of foodstufk or other goods sold at the market. (2) A direction under subsection (1) ma\ he issued to the public or to an individual. (3) The Market Manager must place a notice of any direction issued to the public under sLibSeCtion (1) in a Conspicuous place at the market. (4) Without limiting subsection (1 )(a), directions issued under that subsection may relate to: (a) parking; (h) placement of goods or other items: or (c) refuse disposal. (5) Without limiting subsection (I )(b), directions issued under that subsection may relate to the preparation and storage of foodstuffs. (6) Subject to section 10, if the Market Manager for a market considers that a person's presence in the market represents an immediate or serious threat to the orderly functioning, safety, cleanliness or amenity of the market, the Market Manager may issue directions: (a) requiring the person to leave the market; or (h) requiring the person to refrain from entering the market for a specified period. (7) A person who is required to leave a market or refrain from entering a market under a direction issued under subsection (6) may ask the Council to revoke the direction under section 10(h). 10. The Council may: if i qu u L the \1 irkLt Nlaflal-'Cr to iSSLIC i dii Lction unuL i section 9(1): or (h) revoke a direction issued bs the Market \lanaeer under sectiOn 9(1). 11. A person \\ ho falls to conipi\ \\ith a direction of the Market \'l anacer isucd under section 9(1 )( a) comm its an offence and is liable on LOfl\ iction to a fine not exceeding I 000 pen tltv units. 12. A person who fails to comply v ith a direction of the Market 9feu: \lanaucr issued under section 9(1 )(h) Commits an offcnce and is liable on COl1\ iction to a fine not exeLedine 10,000 penalty units Nhm PARE' 4 - (;E\}:RAI. OFFENCE'S 13. A person who sells or CXPOSCS for sale any goods in a public Scio market without paying the appropriate fee commits an offence and is liable on conviction to a fine not exceeding I ,000 penalty units. na\ iml, fct 14. A person who enters or remains in a public market outside of any 'bui opening hours determined by the Council under section 5(1 )(a) without Sr ide, of Permission from the Market Manager commits an offcncc and is liable on floiffs conviction to a fine not exceeding 1,000 penalty units. 15. A person who sells or exposes for sale any goods in a public Sc1!i market other than goods of a type which the Council has determined may be sold °°'P in the market under Section 5(1 )(h) commits an offence and is liable on convic L 000ds tion to a fine not exceeding I ,000 penalty units. 16. A person who sells or exposes for sale any goods in a public SOijo market for a price exceeding any price determined by the Council for those types o\PCCU of goods under section 50 )(c) commits an offence and is liable on conviction to a fine not exceeding 1,000 penalty units. 17. A person who engages in public speaking, broadcasting or nuhIi promotional activities in a public market without prior written permission from the City Clerk commits an offence and is liable on conviction to a fine not exceeding 1,000 penalty units. I'ARi 5 - MISCELLANEOUS I i. (I) The Council, or any officer or employee of the Council, FXcluslon shall not be liable for: r harr.' 0 cro S ad a) any personal injury sustained by a person at a public prope: market which is caused by any act or omission of a third party: h) any personal injury sustained by a person which is caused liv any thing brought into a public market by a third party. including without Imitation any foodstuffs: (c any personal injur) sustained by it person at a public market hich is caused by an officer or cmplocc of the ('ounc:l acting in the c\ecnt:on or purporied c\ecut:on el his or her official duties: or (d) any loss of or damage to property within a market. (2) 1 :01- the purposes of sLibsection (1). perxew1 injiov includes death. 19. An authorised officer may require a person to state his or her powc0 name and address For an purpose connected ith the enforcement of this Ordinance. 20. (1) For the purposes of section 37 of the Act, an cnlorcc merit officer employed under that section may. without warrant, arrest neIlt 01 eels to 00051 (a) any person who is committing or about to commit or ho horn the officer suspects upon reasonable erounds of all U1211 having committed an offence under this Ordinance; or (h) any person for whom the officer has reasonable cause to believe a warrant of arrest has been issued with respect to an offence under this Ordinance. (2) An enforcement officer shall, without unnecessary delay, take any person arrested under subsection (1) to a police officer, or to the nearest police station or a magistrate. Authorised 21. (1) An authorised officer may prosecute any offence under ohcets this Ordinance in the magistrate's court. PIOSOC 1510 offences (2) A person who is an authorised officer for the purposes of subsection (1) has the right to appear before a magistrate and the power to conduct proceedings in the magistrate's court in respect of any offence under this Ordinance. lailure to 22. If a person fails to comply with a direction issued by the Com 11 05th Market Manager under section 9(1), the Council may do anything that the direc Man MaXel tion required the person to do and recover its costs from the person as a civil lolls additional debt. conse quences 23. All monetary penalties including any civil debt collected Penalties pursuant to this Ordinance shall he paid into the City Fund. payable to Council 24. The City Clerk may, in writing. authorise any officer of the Authorised Council or other person for the purposes of this Ordinance. officers PASSED by the Honiara City Council this 24th day of November 2009. Cr. Andrew Mua Mayor lion iara City Council ASSFNTLI) TO by the Minister for I Jome Affairs this 24th day of November 2009. Minister for Iionic Affairs