1964_HAWKER_(URBAN_COUNCIL)_BY-LAWS — Page 12

AI 12

CAP. 132]

Hawker (Urban Council) By-laws

[1987 Ed.

[Subsidiary]

Control of use of fixed pitches.

Temporary closure of pitches.

Allocation of fixed pitches.

Schedule, Part III.

Schedule, Part III.

Council may require allocated pitch to be vacated either permanently or temporarily.

(2) It is a defence in any proceedings for a contravention of paragraph (1) if it is proved that-

(a) by-law 28(3) was complied with in respect of the use of

the fixed pitch;

(b) if the meter had been working satisfactorily, the sign referred to in paragraph (1) would have been exhibited; and

(c) because of a defect in the meter, the sign was not exhibited.

31. The Council may, by painting words on the ground or erecting an appropriate sign on or at a fixed pitch, impose such conditions as it thinks fit as to-

(a) the commodities and the services that may be hawked

from the pitches;

(b) the hours during which the pitch may be used for

hawking; and

(c) the class or classes of licensee who may use the pitch.

32. Where the Council has erected a sign at or on a fixed pitch containing a notice to the effect that the use of the pitch is prohibited during such periods as may be specified, no licensee shall use that pitch during those periods.

33. (1) Where a licensee is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food, the Council shall allocate a fixed pitch to him on payment of the prescribed fee.

(2) If a licensee is the holder of any other type of fixed- pitch hawker licence, the Council may, depending on availability, allocate to him a fixed pitch on payment of the prescribed fee.

(3) A licensee to whom a fixed pitch has been allocated shall not use a pitch at or on which a meter is erected under by-law 28(1).

34. (1) Where the Council serves on a licensee to whom a fixed pitch has been allocated under by-law 33 a notice ordering him to vacate the pitch, he shall comply with the notice within such period as may be specified in it, being a period not less than 15 days from the date of service.

(2) At the expiry of the period specified in the notice, the pitch shall, unless the Council otherwise directs, cease to be allocated to the licensee.

(3) If the Council orders a licensee who is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food to vacate his pitch permanently, it shall allocate to him another fixed pitch in accordance with by-law 33.