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14
CAP. 228]
Summary Offences
[1981 Ed.
L.N. 76/82
(b) by or with the direction, knowledge, sanction, sufferance or permission of such proprietor or occupier or of such inhabitant or person in charge,
the court may dismiss the charge, and summon before it the proprietor or occupier, or inhabitant or person in charge, and being satisfied that he did so direct, sanction, suffer or permit the making of the noise or the use of any powered mechanical equipment, impose a fine on such proprietor or occupier, or inhabitant or person in charge, of $5,000. (Amended, 35 of 1978, s. 2)
(3) When an offence is committed under subsection (1) in or upon any dwelling house, premises or construction site, if it is impracticable or difficult to apprehend, discover or identify the per- son committing it, the court may summon before it the proprietor, occupier, inhabitant or person in charge, of such dwelling house, premises or construction site, and if it appears that the offence was committed by the direction or with the knowledge, sanction, suffer- ance or permission of the proprietor, occupier, inhabitant or person in charge, impose on him a fine of $5,000.
(4) This section shall not apply—
(a) to such district or areas; or
(b) for such purposes or in such circumstances,
as the Governor in Council may specify by order published in the Gazette.
(5) An order under subsection (4) may-
(a) be made subject to such conditions or limitations;
(b) have effect for such periods or parts of periods; or
(c) have such partial operation,
as the Governor in Council may specify in the order.
(6) A person shall not be liable under this section for any noise. made or caused—
(a) during and in the course of any work carried out under and in accordance with a permit in writing issued by or on behalf of the Director of Public Works ENGINEERING, DEVELOPMENT (b) in accordance with the terms of an order made by the
Governor in Council under subsection (4).
(7). In this section-
"domestic premises” means, in relation to the occupier thereof, premises which are his usual or habitual dwelling place and are either used or occupied by him for dwelling purposes only, or partly for dwelling purposes and partly for business purposes; (Added, 35 of 1978, s. 2)
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