On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 28/07/2003.
18. The principal Act is amended by inserting, immediately after section 32, the following section:
32A.
—(1) No person shall —
(a)
deposit or cause or allow any article or thing to be deposited on any public street, five-footway or private footway; or
(b)
cause or allow any article or thing to remain on any public street, five-footway or private footway,
so as to create any obstruction or inconvenience to the passage of the public on such public street, five-footway or private footway.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) Where an employee of the Authority finds on any public street, five-footway or private footway any article or thing which has been deposited or left to remain there in contravention of subsection (1), he may, by notice in writing, direct —
(a)
the owner of the article or thing;
(b)
the person who caused the article or thing to be deposited or to remain on the public street, five-footway or private footway; or
(c)
the owner or occupier of any land or building fronting, adjoining or abutting on the public street, five-footway or private footway,
to remove the article or thing within such time as may be specified in the notice.
(4) Where any person on whom a notice under subsection (3) has been served fails, without reasonable excuse, to comply with it —
(a)
he shall be guilty of an offence; and
(b)
an employee of the Authority may remove or cause the article or thing to be removed and detain the article or thing, at the risk of its owner, at such place as the Chief Executive may direct.
(5) Where any article or thing has been removed from a public street, five-footway or private footway under subsection (4)(b), the Authority may recover any costs reasonably incurred by it in connection with such removal from the owner of the article or thing or from the person who caused the article or thing to be deposited or to remain on the public street, five-footway or private footway.
(6) Where an employee of the Authority has removed any article or thing under subsection (4)(b), he shall cause a notice in writing to be sent to the owner of the article or thing to inform such owner of —
(a)
the removal of the article or thing;
(b)
the manner by which and the time within which such owner may procure the release of the article or thing; and
(c)
the consequences that may follow under subsections (7) and (8) if the article or thing is not claimed within the time specified in the notice.
(7) If the article or thing is not claimed by its owner within the time specified in the notice referred to in subsection (6), the Authority may dispose of the article or thing in such manner as it thinks fit (including selling the article or thing).
(8) Where any article or thing has been sold under subsection (7), the proceeds of the sale shall be applied in payment of any expenses incurred in carrying out the provisions of this section and thereafter shall be applied in payment of all charges and fines payable under this Act and any regulations made thereunder and the surplus, if any, shall be paid to the owner of the article or thing, or if not claimed by such owner within 12 months of the date of the sale, shall be forfeited to the Authority.
(9) In addition to the methods of service under section 47 —
(a)
a notice referred to in subsection (3) may be served by affixing it to the article or thing in respect of which it applies; and
(b)
a notice referred to in subsection (6) may be served by posting it conspicuously at or near the part of the public street, five-footway or private footway from which the article or thing was removed, if the name and address of the owner of the article or thing are unknown or cannot be ascertained despite reasonable diligence.
(10) Any person who, without the authority of an employee of the Authority, removes or tampers with any notice that has been affixed to any article or thing under subsection (9)(a) or that has been posted at any part of a public street, five-footway or private footway under subsection (9)(b) shall be guilty of an offence.
(11) Any person who is guilty of an offence under subsection (2) or (4)(a) shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.”.