JWANENG TOWN COUNCIL (GENERAL) BYE-LAWS

(under regulations 34 and 35)

(31st December, 1981)

    BYE-LAW

PART I
Preliminary

    1.    Citation

    2.    Interpretation

PART II
Health and Sanitation

    3.    Latrines

    4.    Mosquitoes and other pests

    5.    Prevention of accumulation of waste, etc.

    6.    Swimming pools and fish ponds

    7.    Prevention of overcrowding

PART III
Livestock and Other Animals

    8.    Keeping of livestock

    9.    Troublesome or dangerous animals

    10.    Bees, pigeons and poultry

    11.    Powers to seize, detain and dispose of livestock, etc.

PART IV
Naming of Streets and Numbering of Houses

    12.    Naming of streets

    13.    Numbering of houses

PART V
Control of Advertising

    14.    Hoardings

    15.    Bills, etc.

PART VI
Fire Precautions

    16.    Prevention of accumulation of inflammable or combustible material

    17.    Grass, rush or reed fences

    18.    Storage of inflammable, combustible or explosive substances

    19.    Burning of grass, refuse or rubbish, etc.

    20.    Fire-fighting appliances in public buildings

    21.    Attendance of fire brigade at fires

PART VII
Food Premises, etc.

    22.    General provisions governing construction and use of food premises

    23.    Provisions governing construction of bakeries

    24.    Provisions governing construction of butcheries and fishmongers' shops

    25.    General provisions governing cleanliness of food premises

    26.    Provisions governing operation of bakeries

    27.    Provisions governing operation of butcheries and fishmongers' shops

    28.    Health of persons working on or about food premises

    29.    Conveyance, handling, storage and sale of foodstuffs

    30.    Canned food

PART VIII
Miscellaneous

    31.    Trees

    32.    Noise and nuisance

    33.    Public collections

    34.    Protection of common property

    35.    Powers of entry, inspection and questioning

S.I. 126, 1981,
S.I. 74, 1984,
S.I. 68, 1999.

PART I
Preliminary (bye-laws 1-2)

1.    Citation

    These Bye-laws may be cited as the Jwaneng 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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", wherever it appears in a provision, means approved by the council for the purposes of that provision;

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

    "bakery" means premises on which is carried on the process of or any process incidental to the baking or other making of bakery products or which are used for the storage of bakery products if, in either case, the bakery products are for use by persons other than those residing on premises of which the former premises are part;

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

    "butcher" means a person who sells, exposes for sale or supplies butcher's meat;

    "butcher's meat" means the flesh or offal of any animal, other than a fish, fowl or deer, intended for human consumption or any product thereof other than canned or potted meat, biltong, ham, sausages, bacon or salted, smoked or other prepared meat;

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

    "council" means the Jwaneng Town Council;

    "dwelling" means a structure in which a human being habitually dwells or sleeps or is intended habitually to dwell or sleep;

    "food premises" means premises used or intended to be used for the preparation, manufacturing, keeping, storing, conveying, depositing, handling or exposing for sale of foodstuffs;

    "foodstuffs" means anything, other than drugs or water, ordinarily used for human consumption;

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

    "occupier" means, in relation to any lot or premises, the person, other than the owner thereof, who has habitual immediate control or management of the lot or premises;

    "premises" means any building or other erection or part thereof, whether above or below the ground, together with its grounds, precincts and appurtenances;

    "public" includes any class or section of the public;

    "public place" includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access, either without any condition or upon condition of making a payment, and any building or place which is, for the time being, being used for any public or religious meeting or assembly or as an open court;

    "township" means the area of jurisdiction of the Jwaneng Town Council;

    "street" means any street, road, road reserve, lane, mall, footpath, footbridge, passage, pavement, thoroughfare or way together with the immediate vicinity thereof;

    "Town Clerk" means the Town Clerk of Jwaneng Town Council.

PART II
Health and Sanitation (bye-laws 3-7)

3.    Latrines

    (1) The owner of any premises within the township shall provide proper and sufficient latrine accommodation for all persons residing or employed thereon and any such owner who provides less than one latrine for every eight persons residing or employed on those premises shall be deemed to have contravened this sub-bye-law.

    (2) The owner of any premises within the township to which the public are habitually entitled or permitted to have access, either without any condition or upon condition of making any payment, for the purpose of recreation, entertainment, refreshment or being accommodated thereon shall provide, for use by the public, adequate separate latrines for men and women.

    (3) The council may, by order in writing served on the owner or occupier of any premises within the township, prohibit the use of any latrine on those premises which in the council's opinion, has become or is likely to become, by reason of faulty construction, neglect or any other cause, a nuisance or danger to public health until the nuisance or danger or the likelihood of becoming such a nuisance or danger has been abated to the council's satisfaction.

    (4) Every owner or occupier on whom an order has been served under sub-bye-law (3) shall take every reasonable step to ensure that the order is at all times complied with.

    (5) No person shall defecate within the township in any place other than a latrine.

    (6) Any person who contravenes—

    (a)    sub-bye-law (1), (2) or (4) shall be guilty of an offence and liable to a fine not exceeding P200 or in default of payment to imprisonment for a term not exceeding six months; or

    (b)    sub-bye-law (5) shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding 21 days or in the case of a second or subsequent offence to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.

4.    Mosquitoes and other pests

    (1) The owner of any lot or premises within the township shall take every reasonable step to ensure, in respect of the lot or premises, that at all times—

    (a)    every receptacle for water, such as a tank, cistern, barrel, cask, pail or other contrivance, in which water is to be or has been stored or retained for more than 24 consecutive hours, is covered so as to prevent the ingress of mosquitoes;

    (b)    every gutter, drainpipe, conduit, channel, ditch or other means by which water is conducted is free of any obstructions which prevents or hinders or may prevent or hinder the ready flow of water therein;

    (c)    every receptacle for the collection of slop water or household refuse is properly and adequately covered;

    (d)    every used tin or bottle or other refuse or article capable of holding water is in a properly and adequately covered receptacle for the collection of household refuse; and

    (e)    the breeding of mosquitoes and other pests is prevented:

    Provided that, where there is an occupier of the lot or premises, this sub-bye-law shall be read and construed as if the reference therein to the owner of the lot or premises were a reference to that occupier.

    (2) The owner of any premises within the township shall at all times keep every gutter and drainpipe which belongs to the premises in good repair and condition.

    (3) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 or in default of payment to imprisonment for a term not exceeding six months.

5.    Prevention of accumulation of waste, etc.

    (1) No person shall place, pour, throw or leave in any place within the township or permit to remain on any lot or premises within the township any refuse, including garden refuse, excreta, night soil, filth, slops, exhaust water, waste liquid, yard flushing, stable litter, rubbish, dirt or other offensive matter, dead animal, broken crockery, glass or tins so as to encourage rats or other vermin to frequent such place, lot or premises, endanger health, favour the breeding of flies or mosquitoes, cause any nuisance or is likely to interfere with the comfort of the inhabitants or a section of the inhabitants of the township.

    (2) Every householder or shopkeeper shall at all times provide for his house or shop a refuse bin with a closely fitting lid.

    (3) Where, on or in the immediate vicinity of any lot or premises within the township, any unserviceable vehicle or machinery is exposed to the sight of the public, the council may, by order in writing served on the owner or occupier of that lot or those premises, require him forthwith to remove the vehicle or machinery to an approved place or forthwith to remove the same from the sight of the public and thereafter to keep it at all times so removed.