Premises nol
to be used
for dwelling purposes.
Storage of materials.
Disposal ot refuse.
Offences and penalties.
Name in which pro- ceedings for offences may be brought.
6
necessary to satisfy the requirements of such notice and may recover any expenses thereby incurred from the licensee.
12. No person shall use for dwelling purposes any part of any premises in which any work, other than clerical work, in connexion with the carrying on of an offensive trade is performed:
Provided that the provisions of this by-law shall not apply to not more than two persons, or such greater number of persons as the Council may in writing permit, employed as caretakers.
13. Every licensee shall cause all materials which have been received upon any premises used by him for the carrying on of an offensive trade and which are not immediately required for use to be so stored us to prevent, so far as is reasonably practicable, the emission therefrom of noxious or injurious effluvia and the spread of vermin.
14. All refuse or waste matter arising from the carrying on of any offensive trade shall be placed in suitable receptacles so constructed as to prevent, pending the disposal thereof in such manner as the Council may approve either generally or in any particular case, the emission of noxious or injurious effluvia.
15. (1) Any person who contravenes the provisions of by-law 12 or any of the provisions of paragraph (1) of by-law 4 or paragraph (1) of by-law S shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for one month and, where the offence is a continuing offence, shall be liable in addition to a fine of twenty dollars for each day during which it is proved to the satisfaction of the court that the offence has continued,
(2) Any licensec who-
(a) contravenes any of the provisions of by-law 8, 9, 10, 13 or 14
or of paragraph (1) of by-law 11; or
(b) fails to comply with any of the requirements of a notice served upon him under the provisions of paragraph (2) of by-law 11.
shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for one month and, where the offence is a continuing offence, shall be liable in addition to a fine of twenty dollars for each day during which it is proved to the satisfaction of the court that the offence has continued.
16. 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 any of the provisions of these by-laws may be brought in the name of the Council.
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17. (1) Any licence granted under the Offensive Trades By-laws Transitional which is in force at the commencement of these by-laws shall be deemed provisions. 1 to have been granted under by-law 5 of these by-laws,
(2) Upon application for the renewal of any licence under by-law 5 which is a licence under that by-law by virtue of the provisions of paragraph (1) of this by-law, the Council shall grant to the applicant a renewal thereof.
(3) Notwithstanding anything contained in paragraph (1), where it appears to the Council that any premises in relation to which a licence was granted under the Offensive Trades By-laws are in any particular unsatisfactory having regard to the provisions of these by-laws, the Council may serve upon the licensee a notice requiring him, as a condi- tion precedent to any renewal of the licence subsequent to the renewal thereof provided for in paragraph (2), to carry out or cause to be carried out such alterations or additions in respect of such premises as may be specified in the notice, and, if it thinks fit, to supply to the Council a plan of such premises in the manner required by the provisions of by- law i
(Schedule A Lo Ordinance 15 of 1935).
18. It is hereby declared that, for the purposes of subsection (1) Provisions of of section 150 of the Ordinance, the provisions of these by-laws shall by-laws to be in subsituloa be in substitution for the provisions of the Offensive Trades By-laws. for provisions
1960.
Made by the Urban Council this 6th day of December, 1960.
1.3 Llulley
Secretary.
Approved by the Legislative Council this
-day of December,
COUNCIL CHAMBER,
21st December, 1960,
Deputy Clerk of Councils.
Explanatory Note.
(This Note is not part of the by-laws, bur is intended to Indicate their general purport).
The Public Health (Sanitation) (Amendment) (No. 2) Ordinance, 1955, ommended the now repealed Public Health (Sanitation) Ordinance, 1935, by the deletion of all reference to dangerous trades, for the control of which full provision is made in the Factories and Industrial Undertakings Ordinance, 1955. However, the subsidiary legislation relating to dangerous and offensive trades, namely, the Offensive Trades By-laws contained in Schedule A to the repealed Public Health (Sanitation) Ordinance, 1935, was not revised so as to make it
of Offensive Trades By-2w8.