PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 2
3. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 2
4. Hours of opening and closing of markets ... ... ... ... ... ... ... ... ... BQ 2
5. Business restricted to stall tenants... ... ... ... ... ... ... ... ... ... BQ 2
6. Letting of market stalls... ... ... ... ... ... ... ... ... ... ... ... BQ 2
7. Alterations to stall or its fixtures... ... ... ... ... ... ... ... ... ... BQ 2
7A. Tenant to provide refuse bins ... ... ... ... ... ... ... ... ... ... ... BQ 3
8. Prevention of litter... ... ... ... ... ... ... ... ... ... ... ... ... BQ 3
9. Prevention of obstruction ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
10. Prevention of nuisances... ... ... ... ... ... ... ... ... ... ... ... BQ 4
11. Prevention of spitting ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
12. Dressing of poultry and game ... ... ... ... ... ... ... ... ... ... ... BQ 4
13. Power to prohibit persons carrying on business in public markets in certain
cases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
15. Name in which proceedings for offences may be brought ... ... ... ... ... BQ 4





PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 80)

[1 July 1963.1

1. These by-laws may be cited as the Public Market (Regional
Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Regional Council;

'inside service' has the same meaning assigned to it by the Water-
works Ordinance;

',stall' means a stall in a public market.

4. (1) The Council may, from time to time, prescribe by
notice conspicuously posted in any public market the hours during
which the market shall be open or closed to the public.

(2) No person shall, except with lawful authority or excuse,
enter or be in a public market at any time when the market is closed
to the public.

5. (1) No person shall carry on any business in a public
market unless he-

(a)is the tenant of a stall or the authorized servant or agent of
such a tenant;

(b)is the legal personal representative of such a tenant or
the authorized servant or agent of such legal personal
representative; or

(e) has the permission in writing of the Council.

(2) No person shall occupy any stall unless he is the tenant of
that stall.

6. The Council may let any stall to any one person at such
rent and subject to such terms and conditions as it may determine.

7. (1) Subject to paragraph (2), save with the permission in
writing of the Council, no person shall add to or alter any stall or
install, add to, alter or remove any fixture or fitting of the stall
whether belonging to the Government or otherwise.
(2) Where any work that is, or is proposed to be, carried out in
a stall affects an inside service of the stall, the provisions of the
Waterworks Ordinance relating to construction, installation, altera-
tion or removal, as the case may be, of an inside service shall apply.





(3) Where under paragraph (1), the Council has permitted any
addition or alteration to the stall, or any installation of, addition to,
or alteration or removal of, any fixture or fitting-

(a)any electrical, building or gas work that may be necessary
for and in connection therewith shall be carried out by the
Director of Architectural Services, or under his direction
by a contractor approved by him;

(b)any other work that may be necessary for and in connection
therewith, except work referred to in paragraph (2), shall
be carried out under the direction of the Director of
Architectural Services, and completion of work shall be
reported to him for the purpose of inspection.

(4) Where any stall has been altered or added to, or any fixture
or fitting of the stall has been installed, added to, altered or removed,
without the permission of the Council where such permission is
required, the Director of Architectural Services may carry out or
cause to be carried out such work as may be necessary to restore the
stall to the condition in which it was before the addition or alteration
was done, or to restore the fixture or fitting to the condition in which
it was before the installation, addition, alteration or removal was
carried out, or to remove the fixture or fitting, as the case may be,
and may recover the cost of such work from the tenant of that stall.

7A. (1) Every tenant of a stall shall provide at the stall a refuse
bin or receptacle that is adequate to hold the refuse resulting from
the conduct of his business and which-

(a)conforms with such requirements and specifications as the
Council may from time to time specify; and

(b)is at all times maintained in a good state of repair by the
tenant.

(2) Every tenant of a stall shall-

(a)deposit any refuse or waste material emanating from his
business in the refuse bin or receptacle required to be
provided under paragraph (1); and

(b)ensure that all refuse which is accumulated in refuse bins or
receptacles provided under paragraph (1) is deposited in a
public refuse bin or in a refuse disposal vehicle operated by
the Council.

(3) For the purposes of this by-law tenant includes any other
person carrying on business in a stall by virtue of by-law 5(1).

8. (1) No person shall create any litter, whether offensive or
otherwise, in any part of a public market.

(2) Without prejudice to by-law 7A, no person shall, in a
public market, dispose of any refuse except into a refuse bin
provided for the purpose.





9. Except with lawful authority or excuse, no person shall, in
a public market, so erect any structure, or so place any article or
vehicle, as to cause obstruction therein.

10. No person shall obey the call of nature in a public market,
except in a public latrine.

11. No person shall spit in a public market.

12. No person shall, in a public market, pluck, scald or dress
any poultry or game, except in a place approved for the purpose by
the Council.

13. Where any person has been convicted of disorderly con-
duct, intimidation, extortion, or of any offence under section 13 of
the Gambling Ordinance, or of any offence under the provisions of
the Dangerous Drugs Ordinance, the Council may, by notice served
upon such person within 90 days after the date upon which such
person was convicted, or, if sentenced to imprisonment upon such
conviction, after the date of his release therefrom, prohibit such
person, for such period, not exceeding 2 years from the date of the
service of such notice, as shall be specified therein, from carrying on
any business, or being employed in or taking part in any business, in
any public market.

14. (1) Any person who contravenes by-law 4(2), 5, 7(1), 7A,
8, 9, 10, 11 or 12 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,500.

(2) Any person who fails to comply with a notice served upon
him under by-law 13 shall be guilty of an offence and shall be liable
on summary conviction to a fine of $1,500 and to imprisonment for
1 month.

(3) Where any work for or in connection with an addition
or alteration to a stall, or installation, addition to, alteration or
removal of any fixture or fitting of the stall, is carried out otherwise
than in accordance with paragraphs (1) and (3) of by-law 7, the
tenant of such stall shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,500.

15. Without prejudice to the provisions of any other enactment
relating to the prosecution of criminal offences and without prejudice
to the powers of the Attorney General in relation to the prosecution
of such offences, prosecutions for an offence under these by-laws
may be brought in the name of the Council.
L.N. 69/63. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 27/87. L.N. 315/87. L.N. 79/63. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). L.N. 27/87. (Cap. 102.) Hours of opening and closing of markets. 10 of 1986, s. 32(2). Business restricted to stall tenants. 10 of 1986, s. 32(2). Letting of market stalls. 10 of 1996, s. 32(2). L.N. 27/87. alterations to stall or its fixtures. L.N. 27/87. L.N. 315/87. (Cap. 102.) Tenant to provide refuse bins. L.N. 27/87. Prevention of litter. L.N. 27/87. Prevention of obstruction. Prevention of nuisances. Prevention of spitting. Dressing of poultry and game. 10 of 1986, s. 32(2). Power to prohibit persons carrying on business in public markets in certain cases. 10 of 1986, s. 32(2). (Cap. 148.) (Cap. 134.) Offences and penalties 10 of 1986, s. 32(2). L.N. 315/87. L.N. 315/87. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

L.N. 69/63. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 27/87. L.N. 315/87. L.N. 79/63. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). L.N. 27/87. (Cap. 102.) Hours of opening and closing of markets. 10 of 1986, s. 32(2). Business restricted to stall tenants. 10 of 1986, s. 32(2). Letting of market stalls. 10 of 1996, s. 32(2). L.N. 27/87. alterations to stall or its fixtures. L.N. 27/87. L.N. 315/87. (Cap. 102.) Tenant to provide refuse bins. L.N. 27/87. Prevention of litter. L.N. 27/87. Prevention of obstruction. Prevention of nuisances. Prevention of spitting. Dressing of poultry and game. 10 of 1986, s. 32(2). Power to prohibit persons carrying on business in public markets in certain cases. 10 of 1986, s. 32(2). (Cap. 148.) (Cap. 134.) Offences and penalties 10 of 1986, s. 32(2). L.N. 315/87. L.N. 315/87. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

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