PART II | OFFENCES AGAINST PUBLIC ORDER AND NUISANCE |
| 5. [Repealed by Act 15/2009 wef 09/10/2009] |
| Burning material or discharging firearm in public road |
| 6.—(1) Any person who sets fire to or burns any material to the annoyance, inconvenience or danger of the public, or negligently or wilfully discharges any firearm or air-gun, or throws or discharges any stone or other missile, or sends up any fire-balloon or rocket in or near any public road shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [10/89] | (2) It shall be no offence under subsection (1) for any person to discharge a firearm or air-gun in or near a public road in the exercise of his duty under any written law relating to the destruction of dogs. [10/89] |
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| Duty of police officers as to dangerous animals |
7.—(1) Every police officer shall secure any animal reasonably suspected to be mad or dangerous, and any wild animal found at large in or near any public road under circumstances of danger to the public.| (2) If there is reasonable ground to believe that any such mad, dangerous or wild animal cannot be secured without risk of personal injury to the police officer attempting to secure the animal, the police officer may shoot or otherwise destroy the animal. |
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| Dog running at persons, etc. |
| 8. If it is proved to the satisfaction of a Magistrate’s Court that any dog is in the habit of running at persons or at vehicles or bicycles passing along a public road, the owner of the dog shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [2/86; 10/89] |
| 9. Any person who negligently suffers to be at large any ferocious dog without a muzzle shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and if the dog has bitten, or attempted to bite any person, the dog may be killed by order of a Magistrate’s Court. [10/89; 12/96] |
| 10.—(1) Any owner of a dog which causes injury to any person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [10/89; 12/96] | (2) In addition to any fine imposed under subsection (1), compensation not exceeding $2,000 shall be payable to the person injured in respect of any such injury. [10/89] |
| (3) Such compensation shall be assessed by the Magistrate’s Court and shall be recoverable from the owner of the dog in the manner provided by law for the recovery of fines before Magistrates’ Courts. [10/89] |
| (4) In any prosecution relating to any dog under subsection (1), it shall not be necessary to show a previous vicious propensity in the dog or the owner’s knowledge of such previous propensity or that the injury was attributable to neglect on the part of the owner. |
(5) The occupier of any house or premises where any dog was kept or permitted to live or remain at the time of causing any such injury as is referred to in subsection (1) shall be deemed to be the owner of the dog and shall be liable as such unless the occupier can prove that —| (a) | he was not the owner of the dog at the time the injury complained of was committed; and | | (b) | the dog was kept or permitted to live or remain in the house or premises without his sanction or knowledge. |
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| (6) Where there are 2 or more occupiers in any house or premises let in separate apartments or lodgings or otherwise, the occupier of that particular part of the premises in which the dog was kept or permitted to live or remain at the time of the injury shall be deemed to be the owner of the dog. |
| (7) No compensation shall be payable to any person under this section in respect of injury sustained in any house or premises except upon proof that he entered the house or premises in the ordinary course of his duties or with the express or implied permission of the occupier. |
| (8) No criminal liability shall arise under this section in respect of any injury sustained by any person in any house or premises unless the person entered the house or premises in the ordinary course of his duties or with the express or implied permission of the occupier. |
| (9) The owner shall not be liable under this section for any injury sustained by any person where the injury was attributable to any wrongful act of that person. |
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11.—(1) Any person who commits any of the following offences shall be liable on conviction to a fine not exceeding $1,000:| (a) | without authority in the case of public property, or without the consent of the owner or occupier in the case of private property, affixes or causes to be affixed any advertisement, bill or notice, or any paper against or upon any building, wall or fence, or writes upon, defaces or marks any such building, wall or fence with chalk or paint, or in any other way; | | (b) | bathes or washes himself, or any other person, animal or thing on any public road, or in, upon or by the side of any public tank, reservoir, watercourse or stream; | | (c) | obstructs or causes trouble or inconvenience to a person bathing at any place set apart as a bathing place by wilful intrusion, or by washing any animal at or near that place, or in any other way; | | (d) | being the owner or person in charge of any animal does not, if the animal dies, dispose of its carcase in such a way as not to be a common nuisance; | | (e) | places any dead animal on or near any public road; | | (f) | spits in any coffee shop, market, eating house, school house, theatre or public building, or in any omnibus, railway carriage or other public conveyance, or on any wharf or jetty, or in any public road, or on any five-foot way or sidewalk of any public road, or in any other place to which the public has or may have access; | | (g) | suffers to be at large any unmuzzled ferocious dog or other animal, or sets on or urges any dog or other animal to attack, worry or put in fear any person or animal. [10/89] |
| (2) Any person who commits an offence under subsection (1)(f), after having been previously convicted for an offence under that subsection, shall be liable on conviction to a fine not exceeding $2,000. [10/89] |
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| Offences relating to animals |
12.—(1) Any person who commits any of the following offences shall be liable on conviction to a fine not exceeding $1,000:| (a) | being the owner or person in charge of any animal allows the animal to injure any tree or plant, or fence round any tree or plant, in or at the side of any public road, or to graze on the side of any public road; | | (b) | allows any horse, cattle, goat, sheep or pig to stray upon, or tethers or pickets any such animal upon, any public road or State land or land in the possession of any local authority or public institution or land in the possession of any private person, without the permission of the owner or lawful occupier thereof; or | | (c) | leads or drives any horse, cattle, goat, sheep or pig in or near any public road without having them under proper control. [10/89] |
| (2) All damage done by an animal referred to in subsection (1)(a) shall be assessed by a Magistrate’s Court and shall be recoverable in the manner provided by law for the recovery of fines before Magistrates’ Courts from the owner of the animal, together with any amounts to be levied as fines. |
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| Other offences relating to public road |
13.—(1) Any person who commits any of the following offences shall be liable on conviction to a fine not exceeding $5,000:| (a) | lays any stone, brick or other article on any public road so as to cause an obstruction thereto, or so as to make the use of the road less convenient; | | (b) | allows to remain on any public road any article which has fallen from any vehicle of which he is in charge; | | (c) | deposits or causes or allows any article or thing to be deposited on any public road or otherwise causes or allows that article or thing to create obstruction or inconvenience to the passage of the public for a longer period than is absolutely necessary for loading or unloading the article or thing; | | (d) | causes or permits any cart, wheel-barrow, bicycle, tricycle or other vehicle to stand on any public road so as to create or to be likely to create obstruction or inconvenience to the passage of the public in that public road; | | (e) | flies any kite, or plays at any game, or does any act which obstructs or interferes with the traffic in any public road, or the use of the wires of any telephone; or | | (f) | places any blind, shade, covering, awning or other projection over or along any public road if any part thereof is less than 2½ metres above the surface of that public road. [10/89; 12/96] |
| (2) If it is proved that any article or thing has been deposited on any public road from any building or land in contravention of subsection (1)(c), it shall be presumed, until the contrary is proved, that the occupier of the building or land has caused or allowed it to be so deposited. |
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| 13A. [Repealed by Act 17 of 2014 wef 15/11/2014] |
| 13B. [Repealed by Act 17 of 2014 wef 15/11/2014] |
| 13C. [Repealed by Act 17 of 2014 wef 15/11/2014] |
| 13D. [Repealed by Act 17 of 2014 wef 15/11/2014] |
| 14.—(1) Any person who makes any noise by any instrument or other means in such a manner as to cause or be likely to cause annoyance or inconvenience to the occupier of any premises in the vicinity or to any person lawfully using any public road or in any public place shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [10/89] | (2) Any police officer, on any complaint that any person in any premises or in any public place is making such noise as to cause annoyance or inconvenience to the complainant, may enter upon the premises or proceed to the public place and, after warning the person reasonably suspected of making the noise, stop the making of such noise whether by the removal of any instrument or object or in some other appropriate manner. [10/89; 12/96] |
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| Making of harassing or obscene telephone calls to emergency telephone numbers |
| 14A.—(1) Any person who makes a telephone call to an emergency telephone number with intent to annoy, abuse, threaten or harass any person who answers the telephone call shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both. [12/96] | (2) Any person who makes a telephone call to an emergency telephone number and, upon the call being answered, makes or solicits any comment, request, suggestion, proposal or other comment, request, suggestion, proposal or other communication or sound which is obscene, lewd, lascivious, filthy or indecent, shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [12/96] |
(3) Any person who uses a public telephone to commit an offence —| (a) | under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and | | (b) | under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. [12/96] |
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(4) For the purposes of this section —| (a) | “emergency telephone number” means any telephone number which the Minister may, by order published in the Gazette , declare to be an emergency telephone number; and | | (b) | a person who makes a telephone call to an emergency telephone number and, upon the telephone call being answered, refuses to speak or immediately hangs up shall be presumed until the contrary is proved to have intent to annoy any person answering the telephone call. [12/96] |
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| (5) For the purposes of this section and section 14B, “public telephone” means a telephone which is available for use by any member of the public with or without payment. [12/96] |
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| 14B.—(1) Any person being the subscriber to a telephone service which has been used to commit an offence under section 14A shall, unless he proves to the satisfaction of the court that he had exercised due diligence to prevent the commission of the offence, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [12/96] | (2) Subsection (1) shall not apply to the subscriber of a public telephone service. [12/96] |
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| Furnishing of information |
14C.—(1) A police officer may, for the purpose of investigating into an offence under section 14A or 14B, by notice in writing require any person to furnish, within such period as may be specified in the notice, any document or information as may be —| (a) | required by the police officer for the purpose of the investigation; and | | (b) | within the knowledge, or in the custody or under the control, of such person. [12/96] |
| (2) No action, suit or proceedings shall lie against any person who has furnished any document or information to a police officer pursuant to subsection (1). [12/96] |
| (3) Any person who, on being required by a notice under subsection (1) to furnish any document or information, fails to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [12/96] |
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| Communicating false message |
14D.—(1) Any person who transmits or causes to be transmitted a message which he knows to be false or fabricated shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.(2) In subsection (1) —| “message” means any sign, signal, writing, image, sound, intelligence or information of any nature transmitted by telecommunications; |
| “telecommunications” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electro‑magnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception. |
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[Act 15 of 2019 wef 01/01/2020] |
| Relief for occupier of premises from nuisance |
| 15.—(1) A Magistrate’s Court may act under this section on a complaint made by the occupier of any premises on the ground that as occupier of the premises he is aggrieved by noise amounting to a nuisance. [10/89] (2) If the Magistrate’s Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court shall make an order for either or both of the following purposes:| (a) | requiring the defendant to abate the nuisance, within a time specified in the order and to execute any works necessary for that purpose; | | (b) | prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence. [10/89] |
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| (3) Proceedings under this section shall be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is emitted or would be emitted. [10/89] |
| (4) A person who without reasonable excuse contravenes any requirement of an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [10/89] |
| (5) In any proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of, the noise. [10/89] |
(6) In this section —| “noise” includes vibration; |
| “person responsible”, in relation to the emission of noise, means the person to whose act, default or sufferance the noise is attributable; and where more than one person is responsible for the noise, this section shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying any proceedings under this section; |
| “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications. [10/89] |
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| Obstruction in canals, etc. |
16.—(1) Any person who in any river or canal in which the public has a right of navigation, without the written permission of the Deputy Commissioner of Police, the Director of Marine or the Deputy Director of Marine —| (a) | leaves any boat or vessel at any place for a longer time than is necessary for loading and unloading; | | (b) | refuses to move his boat or vessel away from that place when so directed by any police officer; | | (c) | leaves any raft or log or piece of timber or plank in any such river or canal more than one day after its arrival therein; or | | (d) | erects in any such river or canal any stage or scaffolding, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25. |
| (2) Such boat, vessel, raft, timber or plank may be removed by the police. |
| (3) The expense of such removal shall be recoverable as a fine from the owner or person in charge of the same, and if not paid by him may be recovered by distress and sale of the property of such owner or person and of such boat, vessel, raft, timber or plank. |
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| Penalty for depositing corpse or dying person |
| 17. Any person who deposits or causes to be deposited any corpse or any dying person in any public place or in any private place without the consent of the owner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [10/89] |
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