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FREEPORT (BUILDING CODE AND SANITARY CODE) BYE-LAWS | | | | | S.I. 61/1967
S.I. 39/1986
S.I. 51/1996 |
| | (SECTION 3) | |
| [Commencement 9th
November, 1967] |
|
| |
1. These
Bye-laws may be cited as the Freeport (Building Code and Sanitary Code)
Bye-laws. | Title. |
2. In these
Bye-laws, unless the context otherwise requires- | Interpretation. |
"the
Act" means the Freeport Bye-laws Act; |
"the
Authority" means the Port Authority; |
"bye-law"
means a bye-law made and approved in accordance with the provisions of the Act;
|
"the
Code" means the combined Building Code and Sanitary Code referred to in
bye-law 3 hereof as amended from time to time; |
"prescribed"
means prescribed by the Code. |
3. In
compliance with the requirements of Clause 3(1) and (2) of the Agreement made
between the Port Authority and the Governor of the Bahama Islands on the First
day of March, A.D., 1966 and now of record in the Registry of Records of The
Bahamas in Volume 963 at pages 219 to 268, the Port Authority hereby declares
that the combined Building Code and Sanitary Code (a copy of which,
authenticated by the Common Seal of the Grand Bahama Port Authority, Limited
has been deposited for inspection and safe custody at the office of the
Commissioner of the Freeport District of the Grand Bahama Island) is and
continues to be applicable to the Port Area. | Declaration and identification of the Code. |
4. It shall
be lawful for the Authority in pursuance of Clause 3(1) of the said Agreement
between the Port Authority and the Governor made on the First day of March,
1966, to promulgate amendments for the purpose of revising the Code from time
to time in the light of technical developments and the changing needs of the
community in the Port Area but no such amendment shall come into force unless
and until the terms thereof are set out in a bye-law made by the Port Authority
under the provisions of section 3 of the Act, with the approval of the Minister
for Health and the Minister for Works. | Future amendment of the Code. |
5. It shall
be the duty of the Authority to cause the Code to be printed (including such
amendments as may be promulgated by bye-law from time to time) and to be made
available at the Authority's offices in the Port Area for purchase by members
of the public at a price which shall be fixed by the Authority from time to
time not exceeding twenty-five dollars per copy. | Availability of the Code to the public. |
6. Any reference
in the Code to "the Grand Bahama Development Company Limited",
"the Development Company", "the Development Agent",
"designated agent", "the Agent" or "the Building
Director" shall be read and construed in each case as a reference to the
"Port Authority". | Interpretation of terms in the Code. |
7. No
person shall within the Port Area- | Obligation to submit plans. |
(a) lay out any
new road or new subdivision or publish any development plan for any area; or |
(b) construct
or commence to construct any building or other structure; or |
(c) construct
or commence to construct any drainage or sewage works; or |
(d) construct
or commence to construct any water supply installation; or |
(e) improve,
alter, or add to any development plan, installation, building or structure; or |
(f) carry out
or commence to carry out any other work requiring the approval of the Authority
under the Code, |
without the
prior approval of the Authority granted in pursuance of the provisions of the
Code. |
8. (1)
Where in accordance with the provisions of the Code and these Bye-laws the
plans for any proposed work are deposited with the Authority, the Authority
shall pass the plans unless they are defective or show that the proposed work
would contravene any of the provisions of the Code or any bye-law for the time
being in force and if the plans are defective or show that the proposed work
would contravene the provisions of the Code or any such bye-law, the Authority
shall reject the plans unless they shall determine to relax any such provision
or to dispense with compliance therewith. | Passing or rejection of plans. |
(2) The Authority
shall within forty-five days from the deposit of any plans give notice in
writing to the person by whom or on whose behalf they were deposited whether or
not the plans are passed. In the case of rejection such notice shall specify
the defect on account of which or the provision of the Code or any bye-law for
the non-conformity of which the plans have been rejected. |
(3) Where any
plans are rejected by the Port Authority under the provisions of this bye-law,
the applicant may within thirty days of being notified of the Port Authority's
decision, lodge an appeal with the Minister for Health and the Minister for
Works who, after taking into consideration any written submission of the parties,
shall determine the matter. |
9. (1) If
any work to which the provisions of the Code or any bye-law for the time being
in force are applicable, contravenes such provision, the Authority (without
prejudice to their right to take any other lawful proceedings) may by notice in
writing require the owner either to pull down or remove the work or, if he so
elects, to effect such alterations therein as may be necessary to make the work
comply with the said provisions. | Power to require removal or alteration of work not in
conformity with the Code etc. |
(2) The person to
whom notice has been given under the provisions of paragraph (1) of this
bye-law shall comply with such notice within thirty days or such longer period
as a magistrate may fix on such person's application. In default of due
compliance with such notice the Port Authority may apply to the magistrate for
an order authorising the Authority to pull down, remove or alter the work, as
the case may be, and thereupon the Authority may do what is necessary to comply
with such order and may recover summarily as a civil debt the expenses
reasonably incurred in so doing from the person in default. |
(3) The powers
conferred upon the Authority by paragraph (2) of this bye-law shall not be
exercisable after the expiration of twelve months from the date of completion
of the work in question. |
10. Any
person who, having obtained the approval of the Port Authority for the plans of
any proposed work, proceeds to carry out such work and- | Failure to permit mandatory inspections, etc. |
(a) fails to
give notice to the Authority requiring them to carry out any prescribed
mandatory inspection during the progress of the work; or |
(b) commences
to execute a further stage of the work before any prescribed mandatory
inspection of an earlier stage of the work has taken place and has been passed
by the Authority in the prescribed manner; or |
(c) occupies
any new building or structure or any newly constructed or altered part of an
existing building or structure without having first obtained such certificate
of occupancy in relation thereto as is prescribed, |
shall be
guilty of an offence against these Bye-laws. |
11. (1) Where
it appears to the Authority that any building or structure or part of a
building or structure within the Port Area- | Dangerous dilapidated or incomplete buildings or
structures. |
(a) is in such
a condition or is used to carry such loads as to be dangerous, the Authority
may- |
(i) where
the danger arises from the condition of the building or structure, serve a
notice on the owner thereof requiring him to execute such work as may be
necessary to obviate the danger or, to demolish the building or structure, or
any dangerous part thereof, and remove any rubbish resulting from the
demolition within a reasonable time to be specified in the notice; |
(ii) where
the danger arises from overloading of the building or structure, serve a notice
on the owner restricting the use thereof until all necessary work to obviate
the danger has been executed to its satisfaction; or |
(b) is by
reason of its ruinous, dilapidated or incomplete condition, seriously
detrimental to the amenities of the neighbourhood, the Authority may- |
(i) serve
notice on the owner requiring him to execute such works of repair and/or
restoration and/or improvement and/or completion as may be necessary for
remedying the cause of complaint within a reasonable time to be specified in
the notice; or |
(ii) serve
notice on the owner requiring him to demolish the building or structure or any
part thereof and to remove any rubbish or debris resulting from such demolition
within a reasonable time to be specified in the notice if in the opinion of the
Authority the state and condition of the building or structure is such that the
cause of complaint cannot be remedied otherwise than by such demolition. |
(2) Any notice
under the provisions of paragraph (1) of this bye-law shall be served upon the
owner of the building or structure affected thereby in accordance with bye-law
14. |
(3) If any person
on whom a notice under paragraph (1) of this bye-law is served by the Authority
for the execution of works, or the demolition of a building or structure or of
any part of a building or structure, and the removal of any rubbish resulting
from the demolition fails to comply with the notice within the time specified
therein, the Authority may take such steps as may be necessary to remedy the
cause of complaint in such manner and within such time as it thinks fit and may
recover the expenses reasonably incurred by it in so doing from the person in
default, and without prejudice to the right of the Authority to exercise those
powers such person shall be guilty of an offence under these Bye-laws. |
(4) If the
Authority is satisfied that any building or structure or part of a building or
structure, is in such a condition, or is used to carry such loads, as to be
dangerous and that immediate action should be taken for the protection of any
persons whose safety may be imperilled thereby, the Authority may shore up or
fence off the building or structure, and may recover as a civil debt the
expenses of any action reasonably taken by it under this paragraph from the
owner of the building or structure. |
12. (1)
Where it appears to the Authority that any seawall, bulkhead, groin or other
retaining wall along an ocean front, bay, creek, canal, lake or waterway within
the Port Area- | Dangerous dilapidated or incomplete retaining walls. |
(a) is by reason
of its cracked, broken, damaged or eroded condition a danger to the public or
to the land appurtenant thereto or to any adjoining or neighboring land; or |
(b) is by
reason of its unsightly, ruinous, dilapidated or incomplete condition;
seriously detrimental to the amenities of the neighborhood, |
the
Authority may serve notice on the owner of the seawall, bulkhead, groin or
other retaining wall requiring that owner to execute such works of repair,
restoration, improvement, or completion as may be necessary for remedying the
cause of complaint within such reasonable time as may be specified in the
notice. |
(2) The provisions
of paragraphs (2), (3) and (4) of bye-law 11 shall, with the necessary changes,
apply in respect of any seawall, bulkhead, groin or other retaining wall in
like manner as they apply in respect of any building or structure referred to
in those paragraphs. |
13. (1) If,
at any time, it appears to the Authority that any building or structure, or part
of a building or structure, is, due to the occurrence of flood, fire, hurricane
or any other disaster (whether caused by God or man), in such a condition as to
be dangerous to persons or property in its vicinity, and is beyond repair, and
that such danger cannot be effectively obviated by the exercise by it of any of
the powers conferred upon the Authority by Bye-law 11, it may cause the
building or structure or part of the building or structure to be demolished and
may recover as a civil debt the expenses incurred in so doing: | Special emergency powers. |
Provided that
before so demolishing any building, all articles or things within the building
or its curtilage, which, in the opinion of the person charged by the Authority
with such demolition, appear to be of value and to be capable of being removed
without endangering the safety of any person, shall be removed and stored by
the Authority until claimed by the owner, or for a period of twelve months,
whichever may be the less: |
And provided
further that any measure taken in furtherance of the execution of the powers
conferred upon the Authority by this Bye-law shall be such as to cause as
little damage as is reasonably practicable in the circumstances. |
(2) Any expenses
incurred by the Authority in the exercise of its powers under this Bye-law may
be recoverable from the owner of the building or structure as a civil debt: |
Provided that
where any articles or things removed from any building or its curtilage in
accordance with this bye-law have remained unclaimed by the owner for a period
exceeding twelve months, the same may be sold and the proceeds of sale applied
to the discharge of any such expenses not paid by the owner and any balance
remaining thereafter shall be held in escrow by the Authority for the benefit
of the owner. |
14. Any
notice, order or other document which is required or authorised by or under
these Bye-laws or the Building Code to be given to or served upon any person
may be given or served- | Service of notices etc. |
(a) by
delivering it to that person; or |
(b) by leaving
it or sending it in a prepaid registered letter addressed to him at his usual
or last known residence; |
(c) in the case
of an incorporated company or body, by delivering it to their secretary or
clerk at their registered or principal office or by sending it in a prepaid
registered letter addressed to him at that office; |
(d) in the case
of any notice, order or other document which is to be given or served on the
owner of any premises, if it is impossible or is not practicable after reasonable
inquiry to ascertain the name and address of the person to or on whom it should
be given or served, or if the premises are unoccupied, by addressing it to
"the owner" of the premises (naming them) to which it relates and
delivering it to some person on the premises, or, if there is no person on the
premises to whom it can be delivered, by affixing it, or a copy of it, to some
conspicuous part of the premises". |
15. Any
person who contravenes or fails to comply with any of the provisions of these
Bye-laws shall be guilty of an offence against the Act and shall be liable on
summary conviction to a fine not exceeding one hundred and forty Bahamian
dollars (B$140.00) or imprisonment for a period not exceeding three months. | Offences. |
16. The
production of a printed copy of the Code upon which is indorsed a certificate
purporting to be signed and dated by the Secretary of the Grand Bahama Port
Authority, Limited stating- | Proof of Code. |
(a) that the
Code was made by the Port Authority in pursuance of Clause 3(1) and (2) of the
Agreement with the Government dated the first day of March, 1966, and that
amendments made subsequent to the coming into operation of these Bye-laws were
made with the approval of the Minister of Health and the Minister of Works; |
(b) that the
said copy is a true copy of the Code with all subsequent amendments in force on
the day specified; and |
(c) that copies
of such Code as amended were available for purchase by members of the public in
the Port Area at a price not exceeding twenty-five dollars, |
shall be prima
facie evidence of the facts stated in such certificate without proof of the
handwriting or official position of the person purporting to sign such
certificate in pursuance of this bye-law. |
FREEPORT (WATER PRESERVATION) BYE-LAWS | | |
| | S.I. 54/1967 |
| | (SECTION 5) | | | [Commencement 5th
October, 1967] |
|
| |
1. These
Bye-laws may be cited as the Freeport (Water Preservation) Bye-laws. | Title. |
2. In these
Bye-laws, unless the context otherwise requires- | Interpretation. |
"the
Act" means the Freeport Bye-laws Act; |
"authorised
supplier" means the Company and any person who is authorised to provide a
public water supply within any specified area of the Port Area by virtue of- |
(a) any grant
of land made by the Port Authority or the Grand Bahama Development Company
Limited; or |
(b) any permit
issued by the Company under the provisions of bye-law 8 hereof; |
"the
Company" means the Grand Bahama Utility Company Limited being a licensee
of the Port Authority empowered to supply water to the public in the Port Area; |
"health
officer" means any member of the Health Department authorised by the
Minister for Health to act as a health officer and includes a commissioner so
authorised; |
"installation"
includes any well, pipe, reservoir, pump, purifying plant, or any machinery or
buildings required or used in connection with a public water supply; |
"private
water supply" means the supply of water which with the prior permission of
the Port Authority under section 4(1) of the Act is obtained from a well or
wells serving premises designed and used only for residential purposes by a
single family; |
"public water
supply" means any supply of water which is not a private water supply; |
"waste
water" means liquid (including sewage) other than natural surface water or
water that is fit for domestic purposes. |
PART I
WELLS AND PERMITS |
3. Any
person (not being an authorised supplier) who wishes to obtain permission under
the provisions of section 4(1) of the Act for the purpose of abstracting
underground water or additional quantities thereof shall make application in writing
to the Company on a printed form to be obtained from the offices of the said
Company and shall supply the information prescribed in the said form. | Application for well permits. |
4. (1)
Where in the exercise of its discretion the Port Authority decides to grant
permission under the provisions of section 4(1) of the Act the Company shall
convey such permission in writing by the issue to the applicant of a document
to be known as a "well permit" which shall be signed on behalf of the
Port Authority by a duly authorised officer of the Company. | Grant of well permits. |
(2) Every well
permit shall be valid for such period from the date of issue thereof as may be
specified therein (not being a period exceeding five years) and shall be
subject to such conditions respecting the mode of construction and method of
maintenance of the well as may be stated in the permit. |
(3) Any well
permit granted in pursuance of the provisions of this bye-law may be extended
from time to time by endorsement thereon for such periods as may be specified
not exceeding five years and shall be subject to the same or such other
conditions as may be stated therein. |
(4) Where the Port
Authority refuses to issue a permit under the provisions of this bye-law, the
applicant may within thirty days of receiving a notification to that effect,
appeal against such refusal to the Stipendiary and Circuit Magistrate. |
5. No well
permit shall be issued for the construction or enlargement of any well- | Limitation on the grant of well permits. |
(a) to any
person for a private water supply in any area where a public water supply is
available; or |
(b) of greater
depth than fifteen feet below sea level datum. |
6. (1)
Where any well permit is granted subject to any conditions stated therein, any
breach of any such condition shall render the permit invalid. | Revocation of well permits. |
(2) Where any well
permit is granted to any person for the purposes of a private water supply,
such permit shall cease to be valid upon such date as a public water supply becomes
available within the area to which such well permit relates. |
7. Where
any well is abandoned or the well permit relating to such well ceases for any
reason to be valid, the owner of the land upon which such well as situated shall
forthwith cause the well to be plugged and sealed in such manner as to close
the same effectively for the purposes of preventing pollution of the subsoil
water. | Sealing of wells, etc. |
PART II
PUBLIC SUPPLIES OF WATER |
8. (1)
Where any person not being otherwise empowered to provide a public water supply
wishes to obtain a permit from the Company as an authorised supplier within any
area of the Port Area, he shall make application to the Company on a printed
form to be obtained from the offices of the said Company and shall supply the
information prescribed in the said form. | Permit to provide public water supplies. |
(2) Where in the
exercise of its discretion the Company decides to grant such application the
Company shall issue to the applicant a permit authorising him to provide a
public water supply within such area of the Port Area as may be specified
therein and subject to such conditions as may be stated in the permit. |
(3) Where the
Company refuses to issue a permit under the provisions of this bye-law, the
applicant may within thirty days of receiving a notification to that effect,
appeal against such refusal to the Stipendiary and Circuit Magistrate. |
(4) No person
other than an authorised supplier shall provide a public supply of water within
the Port Area. |
9. (1)
Before commencing the construction of a public water supply or any extension or
modification thereof an authorised supplier shall submit to the Company
detailed plans of the proposed installation, or any proposed extension or
modification of an existing installation. Such plans shall be designed by a
person whom the Port Authority shall deem to be qualified having regard to the
nature of such installation and shall conform with such requirements as to
standards of practice and materials to be used as may be determined by the Port
Authority. | Control over authorised suppliers. |
(2) No authorised
supplier shall construct an installation for a public water supply or any
extension or modification thereof unless and until the detailed plans therefor
have been approved in writing by the Port Authority. |
(3) An authorised
supplier shall not commence to provide a public supply of water until his
installation (or any extension or modification thereof as the case may be) has
been examined and approved by the Company as being in conformity with the
approved detailed plans therefor. |
(4) Any applicant
who is aggrieved by a decision of the Port Authority or of the Company in
respect of any of the matters referred to in paragraphs (1), (2) or (3) of this
bye-law may, within thirty days of being notified of that decision, lodge an
appeal with the Minister for Works who, after taking into consideration any
written submissions of the parties, shall determine the matter. |
(5) The plans for
any proposed installation or any proposed extension or modification of a public
water supply shall include details of the proposed location, design and
construction of any well, bore-hole or other work intended to be used for the
purpose of extracting underground water or additional quantities thereof and
upon any such plan being approved under the provisions of paragraph (2) of this
bye-law, the authorised supplier shall be deemed to have obtained the
permission of the Port Authority for such well, bore-hole or other work in
compliance with section 4(1) of the Act. |
(6) The
requirements of this bye-law shall not apply to any installation or any
extension or modification thereof which was constructed or was in course of
construction on the data that these Bye-laws came into operation. |
10. (1)
Where in any case the Company deems it necessary in the public interest to do
so, the Company shall by notice in writing require any authorised supplier to
employ sufficient responsible personnel for the proper operation and supervision
of his installation and he shall satisfy the Company that at least one of the
persons so employed has had previous experience in the operation and
supervision of such an installation. | Provision of personnel |
(2) No person who
is suffering from typhoid fever, paratyphoid or any other salmonella infection
or dysentery or who knows himself to be a carrier of any such disease shall in
any manner engage in the operation of any installation which supplies domestic
water to members of the public. |
11. It
shall be the duty of every authorised supplier to maintain his installation
free from pollution and in good working order and to permit any health officer
or duly authorised officer of the Company to inspect such installation or any
specified part thereof at any time after due notice in writing shall have been
served upon him. | Proper maintenance of installation. |
12. (1) It
shall be the duty of an authorised supplier to exercise all reasonable care and
skill to ensure that any water supplied by him for domestic purposes is
wholesome according to the relevant provisions of the International Standards
for Drinking Water for the time being prescribed by the World Health
Organisation. | General duty of authorised suppliers. |
(2) It shall be
the duty of an authorised supplier to notify a health officer and the Company
and to warn consumers without delay should he have any reason to apprehend that
any such water has developed any properties which may be potentially dangerous
to health. |
13. (1) It
shall be the duty of any authorised supplier at such periodical intervals as
shall be determined by the Company, to submit for analysis and report (at the
expense of the authorised supplier) to such independent authority as the Company
may specify samples of water supplied by such supplier to consumers for
domestic purposes. The report of any such analysis shall be transmitted to the
Company as soon as it becomes available. | Periodical sampling. |
(2) Where any
health officer has reasonable cause to suspect that any water supplied by an
authorised supplier to consumers for domestic purposes may have become
polluted, he shall have the right to obtain and take away samples of such water
and to cause the same to be analysed. Any person who wilfully obstructs a health
officer exercising his right to obtain and take away samples by virtue of this
paragraph of this Bye-law shall be guilty of an offence. |
PART III
FURTHER PROVISIONS TO PREVENT WASTE OR POLLUTION |
14. No
person shall wilfully or negligently- | Conservation of underground water. |
(a) cause or
allow any underground water to run to waste from any well, bore-hole or other
work except for the purpose of testing the extent or quality of the supply or
of cleaning, sterilising, examining or repairing the well, bore-hole or other
work; or |
(b) abstract
from any well, bore-hole or other work water in excess of his reasonable
requirements: |
Provided that no
person shall be entitled to abstract in any period of twenty-four hours from
all such wells, bore-holes or other works for which he holds a valid permit or
permits more than eight hundred and fifty imperial gallons of water in the
aggregate for every acre of land in the Port Area of which he is the owner or
occupier, or where he owns or is the occupier of less than one acre, such
lesser quantity of water as represents the same proportion of eight hundred and
fifty imperial gallons as the area he owns or occupies bears to one acre. |
15. If the
owner or occupier of any premises wilfully or negligently causes or suffers any
water fitting which he is liable to maintain- | Waste of water by householders. |
(a) to be or to
remain so out of order or so in need of repair; or |
(b) to be or
remain so constructed or adapted or to be so used, that the water supply to
those premises is or is likely to be wasted, misused or unduly consumed or
polluted before use, he shall be guilty of an offence. |
16. (1) If
the Company is of the opinion that a serious deficiency of water available for
distribution in any part of the Port Area exists or is threatened, the Company
may for such period as it thinks necessary prohibit or restrict the use of
water for any purpose or purposes specified by the Company. | Power to prohibit or restrict temporarily use of
water. |
(2) The Company
shall before the prohibition or restriction comes into force give public notice
in a newspaper circulating within the Port Area of the nature or extent of the
prohibition or restriction imposed and of the date when it will come into
force. |
(3) Any person who
whilst the prohibition or restriction is in force, does any act which
contravenes any of its provisions shall in respect of each such act be guilty
of an offence. |
17. Any
person who by any act or omission causes water from any well which is used or
likely to be used for human consumption or for domestic purposes or
manufacturing food or drink for human consumption to be polluted or likely to
be polluted shall be guilty of an offence. | Pollution of water used for human consumption. |
18. (1)
Where a health officer or the Company has reasonable cause to believe that
water provided by a public or private water supply for domestic purposes is
polluted, it shall be lawful for such officer or the Company, as the case may
be, by notice in writing served upon the person responsible for such supply to
require such person to cease supplying such water to consumers until such steps
have been taken as may be prescribed by such notice for the effective
sterilisation of the water. | Interruption of supply due to pollution. |
(2) Any person who
fails to comply with the requirements of any such notice as is mentioned in
paragraph (1) of this bye-law shall be guilty of an offence. |
19. No
person shall deposit and no occupier of any parcel of land within the Post Area
shall permit or suffer the deposit thereon of any human or animal excrement,
garbage, offal, refuse, spoilage, effluent, chemical or other offensive or
noxious matter whereby any subsoil water would be likely to become polluted. | Deposit of noxious matter. |
20. It
shall be the duty of every owner of any parcel of land within the Port Area to
ensure that any waste water occurring within such parcel is disposed of either- | Disposal of waste water. |
(a) through a
drainage well which is constructed and maintained in such a manner as may be
prescribed by the Freeport Building and Sanitary Code for the time being in
force; or |
(b) where the
Port Authority so approves, into an arm of the sea. |
21. Where
within any parcel of land in the Port Area waste water is disposed of by means
of a treatment plant, it shall be the duty of the owner of such parcel to
ensure that such treatment plant is maintained and operated in accordance with
such standards as may be prescribed from time to time by the Port Authority and
that any records and tests that may be demanded by the Port Authority are
punctually and accurately carried out. | Maintenance of waste water treatment plant. |
PART IV
GENERAL |
22. A health
officer or an authorised officer of the Company may during the hours of
daylight on producing if required evidence of his authority, enter upon any
premises within the Port Area in order to examine if there be any waste or
misuse or pollution of water and if after production of his authority he is
refused admission to the premises or is obstructed in making his examination,
the person refusing him admittance or so obstructing him shall be guilty of an
offence. | Entry upon premises. |
23. Any
person who contravenes or fails to comply with any of the provisions of these
Bye-laws shall be guilty of an offence against the Act and shall be liable on
summary conviction to a fine not exceeding one hundred and forty Bahamian
dollars (B$140.00) or imprisonment for a period not exceeding three months. | Offences. |
FREEPORT (MARINA AND INLAND WATERWAYS) BYE-LAWS | | |
| | S.I. 37/1968 |
| | (SECTION 8) | |
| [Commencement 25th
April, 1968] |
|
| |
1. These
Bye-laws may be cited as the Freeport (Marina and Inland Waterways) Bye-laws. | Title. |
2. In these
Bye-laws, unless the context otherwise requires- | Interpretation. |
"dock
master" means any person appointed by the Port Authority or any lessee
thereof to be in charge of any marina constructed and used for the
accommodation of vessels in an inland waterway and includes any other person so
appointed to act on his behalf; |
"the
Harbour" means the area for the time being declared by the
Governor-General to comprise the private port at Freeport in pursuance of the
provisions of paragraphs (16) and (17) of Clause 2 of the Agreement between the
Port Authority and the Governor of the Colony dated the 4th day of August,
1955; |
"inland
waterway" means any area of water in any marina or canal constructed
within the Port Area by or under the authority of the Port Authority but does
not include any area within the limits of the Harbour; |
"master",
when used in relation to any vessel, means the person (other than a licensed pilot)
having the command or charge of the vessel for the time being; |
"Port
Authority" means the Grand Bahama Port Authority Limited; |
"vessel"
means any craft of any kind, however propelled; |
"water-ski"
includes an aqua plane or similar device and the verb "to water-ski"
and its participles shall be construed accordingly. |
3. The
master of a vessel shall comply with any requirement relating to the use of
navigation of vessels in an inland waterway which is legibly inscribed on any sign
or notice board erected in or near such waterway by or under the authority of
the Port Authority. | Observance of signs. |
4. In any
inland waterway, any vessel going out from any marina or dock shall have the
right of way over any incoming vessel and, except as otherwise provided by
these Bye-laws or by any navigational requirement prescribed by any sign or
notice board erected under the provisions of bye-law 3 hereof, the master of
every vessel lying or proceeding in such waterway shall obey the rules prescribed
by the Regulations for Preventing Collisions at Sea. | Rule of the road. |
5. The
speed of any vessel proceeding in any inland waterway shall be so governed as
not to create a wash (sometimes referred to as a "wake") and, except
in the case of a vessel lawfully towing a water skier, no vessel shall so
proceed at a speed exceeding five knots. | Limitation on speed. |
6. No
person under the age of seventeen years shall be in charge of or navigate in
any inland waterway any power-driven vessel having a rating of over five horse
power: | Age limitation for power-driven vessels. |
Provided that the
provisions of this bye-law shall not apply to a person under the age of
seventeen years who is in possession of a valid and subsisting licence as a
master of a boat under the provisions of the Boat Registration Act. |
7. (1) A
dock master in charge of a marina or dock situated in any inland waterway may,
subject to any law in force relating to customs, immigration or quarantine,
give directions to the master of any vessel entering, leaving or using such
marina or dock for- | Compliance with directions of dock master. |
(a) regulating
the time at which and the manner in which such vessel shall moor, unmoor,
anchor or move its position; and |
(b) any other
purpose as the dock master may deem necessary for the proper and orderly
administration of the marina or dock or for securing the comfort or safety of
persons or vessels lawfully therein. |
(2) A master of a
vessel shall promptly and efficiently regulate his vessel according to any
directions of a dock master given in conformity with paragraph (1) of this
bye-law and the master of any vessel who after due notice of such direction
shall not forthwith comply with the same and regulate such vessel accordingly
shall be guilty of an offence against these Bye-laws. |
8. No
master of a vessel shall discharge, load or tranship any cargo whilst his
vessel is in any inland waterway without first having obtained the permission
of the person appointed by the Port Authority to be in charge of the Harbour in
addition to any permission which it may be necessary to obtain from the customs
or immigration authorities. | Restriction on handling of cargoes outside harbour
limits. |
9. (1) Except
in case of emergency no person shall anchor any vessel in any position in an
inland waterway which is likely to constitute a danger to navigation. | Obstructing an inland waterway. |
(2) No person
shall sink or place in any inland waterway any object which is likely to form
an obstruction to navigation. |
10. No
person shall deposit, place or discharge into any inland waterway any offal,
garbage, cans, dead animal or fish, gaseous liquid, oil, gasolene, calcium
carbide, tar, trade waste, untreated sewage or any other refuse or matter which
is liable to pollute such waterway or to cause scum to form on its surface, or
sediment on its bottom or to create the odour or gases of putrefaction. | Discharging oil or refuse, etc. in inland waterways. |
11. No
person may participate in any way in water skiing in or on any inland waterway
save in such area or areas thereof as may be designated by signs exhibited by
or under the authority of the Port Authority and subject to such conditions as
are prescribed by bye-law 12 hereof and any such sign. | Limitation on water skiing. |
12. In an
inland waterway where water skiing is permitted, it shall not be lawful for any
person to participate in any way in water skiing unless the following
conditions are observed- | Safety measures for water skiing. |
(a) a person
water skiing shall wear an efficient safety flotation device; |
(b) there shall
be a minimum of two persons of or over the age of seventeen in the towing
vessel when towing a water skier; and |
(c) water
skiing shall not take place during the hours of darkness except for public
entertainment purposes when specially permitted by or under the authority of
the Port Authority. |
13. No
person shall navigate a vessel for the purpose of water skiing or manipulate
any water ski or any tow rope or other device for affecting or controlling a
water skier in any inland waterway- | Reckless operation of vessels for water skiing
prohibited. |
(a) in wilful
or wanton disregard for the safety of any other person or property; or |
(b) without due
caution and circumspection; or |
(c) at a speed
or in a manner likely to endanger life or limb, or to damage the property of or
injure any person. |
14. It
shall be a condition of any permission for the use of any inland waterway for
navigation or water skiing given or impliedly given by the Port Authority or
any other person deriving any title or interest in any inland waterway from the
Port Authority that no liability shall attach to the Port Authority or such
other person by reason only of having given or impliedly given such permission. | Liability of Port Authority. |
15. Any
person who contravenes or fails to comply with any provision of these Bye-laws
shall be guilty of an offence against the Act and shall be liable on summary
conviction to a fine not exceeding one hundred and forty Bahamian dollars
(B$140.00) or imprisonment not exceeding three months. | Penalty. |
16. These
Bye-laws shall be without prejudice to the operation of any other laws in force
in the Port Area and in particular shall not be deemed to exempt any boat
plying, offered or let for hire in any inland waterway or any master thereof
from compliance with the requirements of the Boat Registration Act. | Saving. |
FREEPORT (REMOVAL OF REFUSE) BYE-LAWS | | | | | S.I. 51/1967
S.I. 87/1976 |
| (SECTION 10) | |
| [Commencement 28th
September, 1967] |
|
| |
1. These
Bye-laws may be cited as the Freeport (Removal of Refuse) Bye-laws. | Title. |
2. In these
Bye-laws, unless the context otherwise requires- | Interpretation. |
"can"
means a movable receptacle for refuse of approximately twenty to thirty gallons
capacity; |
"the
Company" means the Grand Bahama Utility Company Limited (being a licensee
of the Port Authority entrusted with the duty of removing refuse in the Port
Area and approved for the purpose by the Minister); |
"container"
means a movable receptacle for refuse of three or six cubic yards capacity
designed and fitted for attachment to the rear of a refuse removal truck for
the purpose of tipping its contents into such truck; |
"garbage"
means all kitchen and similar refuse of an animal or vegetable nature which is subject
to decay or putrefaction; |
"house
refuse" means any garbage or trash normally accruing for disposal in or
upon residential premises; |
"owner"
means the person for the time being receiving the rent of the premises in
connection with which the word is used, whether on his own account or whether
as an agent or a trustee for any other person, or who would so receive the same
if such premises were left; |
"refuse"
means house or trade refuse; |
"trade
refuse" means any refuse other than house refuse and in particular
includes building materials left on a building site, trees, shrubs, plants,
bushes, leaves, loose soil and any vegetable refuse arising from gardening or
landscaping activities; |
"trash"
means any waste material of a nature not subject to decay or putrefaction. |
3. Save as
otherwise may be specifically provided in these Bye-laws, no person other than
the Company shall remove for disposal any refuse from any premises in the Port
Area. | Exclusive right of Company to remove refuse. |
4. The
occupiers of premises in the Port Area shall make such arrangements for the
purpose of complying with the provisions of these Bye-laws as will facilitate
the removal by the Company- | Periodical removal of refuse by the Company. |
(a) not less
frequently than twice in every week, of house refuse from all occupied
residential premises within the Port Area; and |
(b) of trade
refuse on such occasions or with such frequency as may be mutually agreed
between the Company and the occupier of any trade premises. |
5. (1) The
occupier of any residential building comprising a single family unit shall
provide or cause to be provided a can or cans fitted with a suitable
close-fitting cover or covers of a pattern approved by the Company in which
shall be placed and kept all house refuse which has accumulated in or upon such
premises since the preceding removal thereof by the Company. | Obligation of occupiers of single family unit
buildings. |
(2) On each day
specified by the Company for the removal of house refuse in any part of the Port
Area, the occupier of every single family unit building in such part shall at
or before such hour of such day as the Company shall fix and notify (by public
announcement or by written notice served upon the occupier of the building)
place or caused to be placed the can or cans containing any house refuse in
such conveniently accessible position upon or adjacent to such building as may
be required by the Company for the purposes of collection thereof. |
(3) The provisions
of this bye-law shall apply mutatis mutandis to buildings comprising two
family units (commonly known as duplexes) and the occupiers thereof as if each
of the two portions of the building were single units. |
6. (1) The
occupier of every separate dwelling in any building comprising more than two
dwellings (commonly known as an apartment house) shall have for his use a can
or cans having a suitable close-fitting cover or covers of a pattern approved
by the Company in which shall be placed and kept all house refuse arising in
his dwelling. | Refuse of apartment houses. |
(2) Every such
occupier shall cause such house refuse to be made available for collection by
the Company on such days as may be specified by the Company by- |
(a) placing or
causing to be placed the can or cans in such accessible position upon or
adjacent to the building as may be required by the Company for purposes of
collection; or |
(b) placing or
causing to be placed the contents or such can or cans in a container or
containers situated in a central location or in several central locations in or
adjacent to the building, such containers being of such number and pattern as
may be approved by the Company. |
(3) Where the
house refuse from dwellings in an apartment house is delivered into a container
through a hopper or chute, it shall be the duty of the owner of the apartment
house to provide such number and pattern of containers as may be provided by
the Company and to locate the same in a position which is readily accessible to
any refuse removal truck belonging to the Company. |
7. The
manager or person in charge of any premises used as an hotel shall provide at a
central location, or at several locations in the said premises as the Company
may require, a refuse storage container or containers of such number and
pattern as may be approved by the Company and shall take or cause to be taken
all reasonable steps to ensure that all house refuse arising on the premises is
deposited therein for periodical collection by the Company. | Refuse of hotels. |
8. (1) No
person shall permit or suffer any trade refuse to accumulate upon any unbuilt
portion of any parcel of land of which he is the occupier unless such refuse is
placed and kept in a receptacle suitable for the purpose. | Disposal of trade refuse. |
(2) The occupier
of any premises on or in which trade refuse shall accumulate may arrange with
the Company for the removal and disposal of such refuse on such occasions or
with such frequency as may be mutually agreed between such occupier and the
Company. |
(3) Trade refuse
arising on any premises in the Port Area which is not removed by the Company
shall only be disposed of by the occupier of such premises- |
(a) by
incineration upon the premises where the refuse has accumulated; or |
(b) by removal
during the hours of daylight to a suitable location in the Port Area for the
purposes of incineration; or |
(c) by removal
at such times during the hours of daylight as may be fixed by the Company to
any place within the Port Area appointed by the Company as a refuse dump. |
(4) Every person
disposing of trade refuse by fire shall act in such a way as not to cause any
danger or nuisance to persons or property and shall use an incinerator which
shall comply with the following requirements- |
(a) The incinerator
shall be sited in such a position as will not cause a nuisance; |
(b) The
incinerator shall be constructed in accordance with the requirements of the
Freeport Building Code with a furnace of suitable grate area, a combustion
chamber adequate in size and all other equipment and apparatus necessary
effectually to incinerate all refuse placed therein and consume all combustible
gases or matter evolved from the incineration of such refuse; |
(c) The
incinerator shall be provided with a suitably constructed smoke flue carried to
such a position in the outer air as will afford an outlet for smoke and gases
without causing nuisance; and |
(d) The
incinerator shall, if constructed for use with a chute for conveying or
discharging refuse into the furnace box, be provided with a suitably designed
and constructed hopper connected in such manner that the chute cannot be used
as a smoke flue and such chute shall be constructed in a manner approved by the
Company. |
(5) Every person
who disposes of any trade refuse by means of an incinerator shall, during use,
maintain or cause to be maintained (if necessary by the addition of fuel) a
sufficient fire in such incinerator so that speedy and complete incineration of
any refuse when deposited therein and the consumption of any combustible gases
and matter evolved from such refuse shall be secured and the accumulation of
unburned or crude refuse in the furnace box or chute prevented. |
(6)
Notwithstanding the other provisions of this bye-law, no person shall dispose
of trade refuse by means of fire other than by fire in an incinerator on any
parcel of land in the Port Area on which there are, erected or in course of
erection, any buildings. |
9. (1) No
person shall drop, throw or deposit or cause to be dropped, thrown or deposited
any refuse from any vessel moored or under way in any inland water within the
Port Area. | Refuse from vessels in inland waters. |
(2) It shall be
the duty of the person in charge of any such vessel as is mentioned in
paragraph (1) of this bye-law to provide a suitable can or cans having a
close-fitting cover or covers in to which shall be placed and kept any refuse
arising in such vessel. |
(3) Unless any
such refuse as aforesaid is deposited within a reasonable time in the ocean
outside the territorial waters of The Bahamas, it shall be the duty of the
person in charge of the vessel to make such arrangements as will ensure that
such refuse is removed as occasion may arise either directly from the vessel by
the Company or from some other suitable can or container located within
reasonable distance of such vessel and from which under the other provisions of
these Bye-laws refuse is removed by the Company. |
10. No
person shall transport or cause to be transported within the Port Area refuse
of any kind unless such refuse is in a receptacle closed with a tight-fitting
lid or is completely covered with adequate protective covering or is
transported in a suitably constructed vehicle which is entirely enclosed. | Transport of refuse. |
11. (1)
Where in conformity with these Bye-laws a can or container has been provided in
or in connection with a building, no person shall deposit the house refuse
accumulating in or on such building in any place other than in such can or
container. | Use of cans or containers. |
(2) No person
shall deposit any liquid or matter other than house refuse in any can or
container intended for house refuse. |
(3) No person
shall deposit any box made of cardboard or similar material in any can unless
such box is broken down and crushed before removal by the Company. |
(4) Whenever house
refuse is deposited in any can or container, the lid or cover thereof shall be
effectively closed by the person depositing such refuse. |
(5) Where a
container is provided in connection with a chute for house refuse, the owner of
the building shall adopt such precautions as may be necessary to prevent any
refuse from being spilled from such container or falling elsewhere than in the
container. |
(6) Where in
conformity with these Bye-laws a can or container has been provided by the
owner or occupier of any premises, such owner or occupier as the case may be
shall cause every such can or container to be thoroughly cleansed as often as
may be necessary for the purpose of keeping such can or container in clean
condition. |
12. The
Company shall be entitled to charge the owners or occupiers as the case may be
of premises within the Port Area fees at such rates as are prescribed in the
Schedule hereto in respect of the removal of house and trade refuse. | Scale of fees. |
13. Any
person who contravenes or fails to comply with any of the provisions of these
Bye-laws shall be guilty of an offence under the Act and shall be liable on
summary conviction to a fine not exceeding one hundred and forty Bahamian
dollars (B$140) or imprisonment not exceeding three months. | Offences. |
SCHEDULE (Bye-Law 12) |
SCALE OF FEES AND
CHARGES |
|
Service:
Single residence and duplexes
|
Rate to be charged:
|
1. Two collections each week-one can per collection
|
$6.75 per month for each family unit
|
2. Two collections each week-one can per collection
|
$10.10 per month for each family unit
|
|
Service:
Apartment Houses
|
Rate to be charged:
|
3. Two collections each week-one can per collection
|
$6.00 per month for each apartment unit
|
|
Businesses
|
|
4. Two collections each week-one can per collection
|
$6.75 per month
|
5. Two collections each week-two cans per collection
|
$10.10 per month
|
6. Collection from containers of 3 cubic yards or 6 cubic yards owned by the Company
|
$2.35 per cubic yard per collection
|
7. The fees for dumping at the Company's dump from a
customer's vehicle shall be as follows-
|
|
|
|
$3.00
|
|
|
$5.00 per load
|
|
|
$10.00 per load
|
|
|
$10.00 per load
|
|
FREEPORT (CONTROL OF ADVERTISEMENTS) BYE-LAWS | | | | | S.I. 52/1967 | | (SECTION 12) | | | [Commencement 28th
September, 1967] |
|
| |
1. These
Bye-laws may be cited as the Freeport (Control of Advertisements) Bye-laws. | Title. |
2. In these
Bye-laws, unless the context otherwise requires- | Interpretation. |
"advertisement"
means any writing, model, sign, placard, notice, device or representation, whether
illuminated or not, in the nature of and employed, wholly or in part for the
purpose of advertisement, announcement or direction and includes any hoarding
or similar structure for the display of advertisements; |
"advertisements
permit" means a permit issued under the provisions of bye-law 7 hereof; |
"building"
includes any structure or erection and any part thereof; |
"illuminated
advertisement" means any advertisement which is designed or adapted to be
illuminated by artificial lighting directly or by reflection and which is so
illuminated for purposes of the advertisement; |
"permissible
advertising material" means material for the purposes of advertisement
which is restricted to the name of the advertiser and a description of the
trade, profession or business and the place or places where it is carried on
set out in neat and tasteful lettering without general promotional advertising. |
3. These
Bye-laws shall apply to the display of all advertisements attached to land,
buildings, walls, trees, vehicles registered in The Bahamas or on water or in
the air within the Port Area which are visible from any road or open space to
which the public have access for the time being. | Extent and application. |
4. (1) It shall
not be necessary to obtain the prior approval of the Port Authority for the
display of any advertisement which- | Advertisements for which no permit is required. |
(a) is required
or authorised by law; |
(b) is
displayed by or on the authority of the Government of The Bahamas or by the
Port Authority; |
(c) relates to
a parliamentary election in respect of which a writ of election has been
issued; |
(d) relates to
any person, partnership or company separately carrying on a profession,
business or trade at the premises where such advertisement is displayed if it
conforms with the standard pattern for retail and office premises which has
been approved by the Port Authority and is available for inspection free of
charge at the Port Authority's office. |
(e) relates to
any event or other matter of a purely temporary nature in connection with an
activity promoted for noncommercial purposes by or on behalf of any local
organisation of religious, educational, cultural, social or recreational
character and which is limited to a display of advertisements occupying an area
not exceeding a total of six square feet on any premises; |
(f) is posted
or is otherwise affixed upon any billboard, hoarding or other similar structure
approved in pursuance of the other provisions of these Bye-laws by the Port
Authority for the purpose of displaying advertisements; |
(g) is
displayed on a vehicle and is restricted to permissible advertising material. |
(2) Where any
advertisement to which this bye-law relates is so designed or adapted to be an
illuminated advertisement the same shall be subject to the provisions of
bye-law 9 relating to the illumination of advertisements. |
5. Subject
to the exceptions mentioned in bye-law 4(1) hereof, no advertisement to which these
Bye-laws apply shall be displayed within the Port Area without the prior
approval of the Port Authority granted in accordance with these Bye-laws. | Advertisements for which the approval of the Port
Authority is required. |
6. Any
person who wishes to obtain the approval of the Port Authority under the
provisions of bye-law 5 hereof shall make application in writing to the
Authority stating the proposed size, number, location, material and particulars
of the construction of the advertisement for which approval is applied. Every
such application shall be accompanied by two representations of the proposed
advertisement drawn to a scale of not less than half an inch to one foot, and
shall be designed by an expert signwriter or designer. | Application for advertisement permit. |
7. Subject
to the other provisions of these Bye-laws, the Port Authority shall within
thirty days from the receipt of any application in writing containing the
particulars prescribed by bye-law 6 hereof either issue to the person by whom
or on whose behalf the application was made a permit authorising the display of
the advertisement applied for subject to such conditions as may be stated
therein, or, in case of the rejection of the application, give to such person
written notice specifying the reason for refusal. In every case the Port Authority
shall return one copy of the representation of the proposed advertisement to
such person. | Grant of permit. |
8. The Port
Authority shall not grant an advertisement permit- | Limitation on grant of permits. |
(a) unless the
Authority is satisfied that- |
(i) the
content, design and the manner of display of the proposed advertisement will
not be prejudicial to the amenities of the Port Area having regard to the
general characteristics of the locality in which the advertisement is to be
displayed; |
(ii) the
method of construction and proposed location of the advertisement will not be
prejudicial to public safety; and |
(iii) the
design of the advertisement and any supporting structure complies with the requirements
of Chapter 27 of the Freeport Building Code in relation to loads and stresses
and without being calculated on the basis of removal of panels during periods
of high wind velocities; |
(b) for a
period exceeding three years; |
(c) in respect
of any roof advertisement; |
(d) in respect
of an advertisement illuminated by neon, flashing or multi-coloured lighting; |
(e) for an
advertisement so sited as to be likely to obscure or hinder the ready
interpretation of any road traffic sign or aid to navigation by air or water; |
(f) for an
advertisement which does not comply with the requirements or which contravenes
any of the restrictions applicable to such advertisement set out in the
Schedule to these Bye-laws. |
9. No
advertisement displayed anywhere in the Port Area or in any manner other than
within a building shall be illuminated without the approval of the Port
Authority and such approval may be granted subject to such conditions and
modifications as the Port Authority in its entire discretion may think fit. | Restriction on illuminated advertisements. |
10. Any
applicant for the grant of a permit under bye-law 8 or for approval to
illuminate an advertisement under bye-law 9 who is aggrieved by the decision of
the Port Authority in respect thereto, may within thirty days of being notified
of that decision lodge an appeal with the Minister who, after taking into
consideration any written submissions of the parties, shall determine the
matter. | Appeal. |
11. (1)
Where any advertisement to which these Bye-laws apply is displayed within the
Port Area on the date on which these Bye-laws come into operation, the
following provisions of this Bye-law shall apply. | Existing signs. |
(2) Advertisements
displayed with the previous permission in writing of the Port Authority may
continue to be displayed in accordance with the terms and conditions of any
such permission. |
(3) Advertisements
displayed without the previous permission in writing of the Port Authority may
continue to be displayed for a period not exceeding three months from the date
of coming into operation of these Bye-laws notwithstanding that under the
provisions thereof an advertisement permit is required therefor. |
(4) On the expiry
of such period the display of any such advertisement as is mentioned in paragraph
(3) of this Bye-law shall be unlawful but application to continue its display
may be made under these Bye-laws and the provisions thereof shall apply thereto
as if such application were for the display of a fresh advertisement. |
12. Any person
who contravenes or fails to comply with the provisions of these Bye-laws shall
be guilty of an offence against the Act and shall be liable on summary
conviction to a fine not exceeding one hundred and forty Bahamian dollars
(B$140.00) or imprisonment for a period not exceeding three months. | Offences. |
SCHEDULE (Bye-law 8(f)) |
|
Type of Advertisement
|
Requirements or Restrictions
|
|
I. Temporary advertisements on a building site or in or on a subdivision.
|
1. Maximum area thirty-two (32) square feet
|
|
|
2. Shall be removed immediately after completion of the building or when the subdivision is, in the opinion of the Port Authority, substantially developed.
|
|
II. Temporary directional advertisements.
|
1. Maximum area eight (8) square feet with a maximum dimension
of five (5) feet.
|
|
|
2. Shall contain only permissible advertising material.
|
|
|
3. Shall be removed at forty-eight hours written notice from
the Port Authority.
|
|
III. Projecting Advertisements
|
1. Shall be properly secured to the wall and hung in such a manner
as to prevent their being unsecured during periods of high wind velocities
|
|
|
2. Shall not project over any road or be nearer than three (3)
feet to nearest edge of a road.
|
|
|
3. Minimum height of seven (7) feet six (6) inches measured
vertically above floor level.
|
|
IV. Freestanding Advertisements.
|
1. Maximum area of fifteen (15) square feet with a maximum dimension of seven (7) feet.
|
|
|
|