THE KANIFING MUNICIPAL COUNCIL BY-LAWS, 2020

THE KANIFING MUNICIPAL COUNCIL BY-LAWS, 2020

Supplement “A” to The Gambia Gazette No. 34 of 9th June, 2020.

Legal Notice No. 26 of 2020.

Local Government Act

(CAP.33:01)

THE KANIFING MUNICIPAL COUNCIL BY-LAWS, 2020

IN EXERCISE of the powers conferred on the Mayor under Section 54 of the Local Government Act, these By-Laws are made.

  1. Citation

These By-laws may be cited as the Kanifing Municipality By-laws, 2020.

  • Interpretation

In these By-laws, unless the context otherwise requires-

“Competent Authority” means any public body or entity empowered by law to carry-out at a specific task;

“Council” means the Kanifing Municipal Council;

“festive period” includes Christmas, Easter, New Year’s Eve, Tobaski, Koriteh, and Assumption day;

“hazardous substance” means any substance, whether solid, liquid or gas that are –

  • corrosive or toxic; and
  • harmful to humans or the environment;

“Market Master” means a person responsible for the day to day management of the public market;

“nuisance” means an act not authorized by law or omission to discharge a legal duty and thereby causes any common injury or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights; and

“public market” means any market owned and managed by the Council.

  • Application of these By-laws

These By-laws shall apply to the Kanifing Municipality.

  • Nuisance
  • In the event a family in a locality is bereaved, persons living within the same locality shall exercise the traditional practice of neighbourliness and refrain from any activity that might cause a nuisance.
  • A person shall not between 2:00am and 4am –
    • Play or use a loud musical system or a public address system, or
    • Use any industrial machine in a residential area.

which may cause nuisance.

  • A person who intends to play or use a loud musical system or a public address system, or any industrial machine in a residential area after 2:00am shall obtain a written permit from the Council or the competent Authority except for religious activities.
  • A person shall not conduct any activity or business on highways which causes obstruction or nuisance to the road users without a written permit from the Council or the competent Authority.
  • Sale and transfer of property
  • An owner or a beneficiary of a property shell regularise the status of his or her ownership to enable the Council amend the property rates ledger or register accordingly.
  • The sale or transfer any lease property shall be transmitted to the Council without delay to enable the rates ledger or register to be amended accordingly
  • Maintenance of property
  • A compound owner shall –
    • ensure that the periphery of his or her compound is kept clean by the inhabitants at all times; and
    • maintain the pavement frontage of his or her property according to the specifications of the Council and the Department of Physical Planning.
  • A person shall not dump waste on undeveloped or unfenced property or use undeveloped property for unauthorised activities.
  • Removal of sand, etc.
  • A person shall not remove any sand, stone, gravel rock or artificial protection from any beach, streets or a public place without a written permit from the competent Authority.
  • Private sewage pipe

A person shall not connect a private sewage pipe to a public drain without a written permit from the competent Authority.

  • Disposal of waste products and hazardous substances

A person shall not –

  • dump waste or hazardous products on the street or unauthorised areas including drains for waterways; and
  • burn any form of substance that is hazardous to humans or pose health repercussions
  1. Control of stray animals
  • A person shall not –
    • cause any animal to graze in streets, highways, squares, avenues or other public places without a written permit from the Council; and
    • allow his or her animal to be roaming on the streets.
  • Any animal found roaming the streets shall be impounded by the Council.
  • The Council shall, within two weeks issue a public notice about the impounded animal and if there is no claim –

a. the animal shall be auctioned; and

b. the proceeds shall be paid to the Council.

(4) Where an owner of the impounded animal is found, he or she shall pay a fine not more than one thousand Dalasis before the animal is released to him or her.

11. Control of markets and canteens

(1) Except for the festive period, canteens or stalls in public markets shall open at 6:00a.m; and close at 10:00p.m.

(2) Notwithstanding sub-section (1), a person who intends to operate or open his or her canteen or stall beyond 10:00pm shall seek a written approval from the market master.

(3) A person shall not sublet his or her canteen or stall in the public market without a written permit from the Council.

 (4) A holder of a canteen or stall in a public market shall ensure that their frontage is kept clean at all times.

 (5) The Council shall provide standard dustbins in every public market for the collection of waste.

12. Penalty

 A person who violates any of these By-laws commits an offense and is liable to a fine of not more than one thousand Dalasis or imprisonment for a term not more than three months.

MADE this 09 day of June 2020

HIS WORSHIP TALIB AHMED BENSOUDA,

LORD MAYOR, KANIFING MUNICIPAL COUNCIL

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