FRANCISTOWN TOWN COUNCIL (GENERAL) BYE-LAWS

(under regulations 34 and 35)

(18th August, 1967)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

PART I
Preliminary

    1.    Citation

    2.    Interpretation

PART II
Health and Sanitation

    3.    Latrine accommodation to be provided

    4.    Mosquitoes and pests

    5.    Prevention of accumulation of refuse

    6.    Refuse receptacles and removal

    7.    Swimming pools and fish ponds

    8.    Overcrowding

PART III
Livestock and Other Animals

    9.    Keeping of livestock

    10.    Troublesome or dangerous animals

    11.    Bees, pigeons and poultry

    12.    Disposal of carcasses

    13.    Powers of council

PART IV
Streets

    14.    Naming of streets

    15.    Numbering of houses

    16.    Hoardings

    17.    Bills, posters, placards or advertisements

    18.    Trees

PART V
Fire Control Measures

    19.    Accumulation of inflammable or combustible materials

    20.    Grass fences

    21.    Storing of inflammable, combustible or explosive substances

    22.    Burning of grass, refuse or rubbish

    23.    Fire-fighting appliances in public buildings

    24.    Attendance of fire brigade at fires

PART VI
Food Premises

    25.    Construction: general

    26.    Construction: bakeries

    27.    Construction: butcheries and fishmongers' shops

    28.    Operation of bakeries

    29.    Operation of butcheries and fishmongers' shops

    30.    Personal cleanliness

    31.    Health of employees

    32.    Conveyance, handling, storage and sale of foodstuffs

    33.    Canned food

PART VII
Miscellaneous

    34.    Noise and nuisance

    35.    Collection for charity

    36.    Protection of common property

    37.    Control of air guns and catapults

    38.    Offences and penalties

S.I. 41, 1967,
S.I. 80, 1968,
S.I. 18, 1970,
S.I. 6, 1971,
S.I. 64, 1973,
S.I. 100, 1976,
S.I. 22, 1997.

PART I
Preliminary (bye-laws 1-2)

1.    Citation

    These Bye-laws may be cited as the Francistown Town Council (General) Bye-Laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "approved" means approved by the council or by any duly authorised officer of the council;

    "baker" means any person who carries on the business of selling whether by wholesale or retail bakery products baked or made by him;

    "bakery" means any premises on which is carried on any of the processes of or incidental to baking or the manufacture or storage of bakery products for use by persons other than those residing on the premises;

    "bakery products" includes, bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweetmeats;

    "business premises" means any premises which are used or intended to be used as a place of trade or industry;

    "butcher" means any person who sells or exposes for sale or supplies butcher's meat for human consumption;

    "butchery" means any premises used for the purpose of carrying on the business of a butcher;

    "butchers' meat" means the flesh or offal of any animal intended for human consumption or any products manufactured therefrom, but does not include canned or potted meats, biltong, ham, sausages, bacon, salted and other prepared meats, fish, poultry or venison;

    "council" means the Francistown Town council;

    "dwelling" means any house, room, shed, hut or any other structure or plan whatsoever, any portion whereof is used by any human being for sleeping in or in which any human being dwells;

    "food" or "foodstuffs" means any thing whatsoever (other than drugs or water), in any form, state or stage of preparation, which is ordinarily used or intended to be used for human consumption;

    "food premises" means any premises which are used or intended to be used as a place for the preparation, manufacture, keeping, storing, depositing, conveying, handling and exposing for sale of food and drink;

    "habitable room" means any room used or intended to be used as a sleeping, living or work room;

    "latrine" means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;

    "livestock" means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;

    "occupier" means, in relation to any lot or premises—

    (a)    any person in actual occupation of such lot or premises and having charge or management thereof; or

    (b)    in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;

    "official" means any duly appointed official of the council;

    "owner" means, in relation to—

    (a)    any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;

    (b)    any lot or premises, the person in whose name the title to such lot or premises is registered and includes an agent of the owner or any person receiving or entitled to receive rent in respect of such lot or premises;

    "poultry" means any fowl, turkey, goose or duck;

    "premises" means any building or part thereof, store, shop, tenement or other erection above or below the ground and the land used or occupied in connection therewith;

    "slaughter house" includes any abattoir, slaughter pole or place set apart for slaughtering livestock, the meat of which is intended for sale;

    "stable" includes a cowshed, stall, pen or sty;

    "street" means any street, square, road, lane, footpath, pavement, thoroughfare or public place extending in width from the boundary of any lot or area of land and includes any work or thing forming part of or connected with such street;

    "waste-water" means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry.

PART II
Health and Sanitation (bye-laws 3-8)

3.    Latrine accommodation to be provided

    (1) The owner of any premises within the council area shall—

    (a)    provide proper and sufficient latrine accommodation for all persons residing or employed thereon;

    (b)    provide a minimum of one latrine for every 15 persons.

    (2) No person shall urinate or defecate in the council area elsewhere than in a latrine.

    (3) The council may, by notice in writing to the owner or occupier of any premises within the council area, prohibit the use of any latrine which by reason of faulty construction or neglect or from any other cause has, in the opinion of the council, become or is likely to become a nuisance or a danger to public health until such nuisance or danger has been abated to the satisfaction of the council.