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Town Councils Act

(Chapter 329A, Sections 24 and 49)

Town Council of Hougang
(Common Property and Open Spaces) By-laws

By 33

REVISED EDITION 2001

(31st January 2001)

[31st January 2001]

Citation

1. These By-laws may be cited as the Town Council of Hougang (Common Property and Open Spaces) By-laws.

Definitions

2.—(1) In these By-laws, unless the context otherwise requires —

“common property” and “open space” mean any common property and any open space, respectively, within the Town of Hougang;

“housing estate” means a housing estate of the Board within the Town of Hougang;

“park” means to bring a vehicle to a stationary position and cause it to remain for any purpose;

“parking place” has the same meaning as in the Parking Places Act (Cap. 214);

“sign” includes all signals, warning sign posts, direction posts, banners and advertisements;

“vehicle” means a vehicle, whether mechanically propelled or not, intended or adapted for use on the road.

(2) Nothing in these By-laws shall prohibit officers or employees of the Town Council acting in the discharge of their duties or any person acting on the directions of the Town Council from doing any act prohibited by these By-laws.

Unlawful parking, etc.

3. No person shall —

(a)	park any vehicle on any common property or in any open space except in a parking place; or
(b)	use, ride or drive on any common property or in any open space any vehicle other than a perambulator, a child’s toy vehicle used solely by a child or a wheel-chair used solely for the conveyance of persons suffering from some physical defect or disability.

Power to detain or remove vehicles

4.—(1) Where a vehicle is parked on any common property or in any open space in contravention of any by-law, or it appears to the secretary or any officer authorised by the Town Council that any vehicle, which has broken down or permitted to remain at rest on any common property or in any open space, has been abandoned without lawful authority, the secretary or an officer authorised by the Town Council may —

(a)	retain the vehicle by any means and, if the vehicle is detained, shall give notice in writing of the detention to the owner or person who had lawful possession of the vehicle when it was detained that he may, on payment of the expenses incurred by the Town Council in respect of such detention, claim possession of the vehicle within 7 days of such notice being served on him; and
(b)	if such owner or person fails to claim possession of the vehicle within the period specified in sub-paragraph (a), remove or cause the vehicle to be removed to a place of safety.

(2) Where any vehicle is removed under paragraph (1)(b) to a place of safety, the secretary shall, with all reasonable despatch, give notice in writing of the removal to the owner or person who had lawful possession of the vehicle when it was removed that he may, on payment of the expenses incurred by the Town Council in respect of such removal, claim possession of the vehicle within 30 days of such removal.

(3) Where the Town Council has detained or removed or caused the detention or removal of any vehicle to a place of safety under paragraph (1), the owner or person who had lawful possession of the vehicle when it was detained or removed shall —

(a)	in the case of detention, within the period specified in paragraph (1)(a); or
(b)	in the case of removal, within the period specified in paragraph (2),

pay all expenses incurred by the Town Council in respect of such detention or removal, as the case may be.

Repairing, painting, etc., of vehicles

5.—(1) No person shall repair, paint, spray, test or service or cause or permit to be repaired, painted, sprayed, tested or serviced any vehicle on any common property or in any open space.

(2) Paragraph (1) shall not apply to such repairs as may be reasonably necessary to enable the vehicle to be removed from the common property or open space.

Obstruction of common property

6.—(1) No person shall obstruct or cause or permit the obstruction of the lawful use of any common property with any object, fixture or thing.

(2) The Town Council may remove and detain any object, fixture or thing obstructing the lawful use of any common property.

(3) The Town Council shall immediately give written notice to the owner or person having lawful possession of the object, fixture or thing removed and detained by the Town Council that he may, on payment of the expenses incurred by the Town Council, claim possession of it from the Town Council within 30 days of such removal and detention.

(4) If the object, fixture or thing removed and detained by the Town Council is not claimed by the owner or person having lawful possession thereof within 30 days of such removal and detention, the Town Council may —

(a)	dispose of it by public auction or otherwise; and
(b)	apply the proceeds of the sale to the expenses incurred by the Town Council in the removal and detention, and the surplus, if any, shall be paid to the owner or person having lawful possession thereof.

Obstruction of refuse chutes

7. No person shall throw or deposit or cause or permit to be thrown or deposited into any refuse chute in a building in any housing estate any object, material, thing, article or substance which will or is likely to choke, clog or obstruct the free fall of refuse in the chute or cause any nuisance, annoyance or inconvenience to other occupiers of the building.

Damage to turf, plant, shrub or tree

8.—(1) Subject to paragraph (2), no person shall —

(a)	remove, cut, damage or dispose of any turf, plant, shrub or tree or part thereof situated on any common property or in any open space; or
(b)	pick a shrub or plant or any part thereof situated on any common property or in any open space.

(2) Nothing in paragraph (1) shall prohibit any person authorised by the Town Council from picking or removing any fruit or other produce from any plant, tree or shrub situated on any common property or in any open space.

Diversion of water supply

9. No person shall draw, divert or take any water from any water service installation for the supply of water, tap or pipe situated on any common property except with the permission of the Town Council.

Display of signs

10. No person shall display or cause or permit to be displayed any sign on any common property or in any open space except with the prior written approval of the Town Council.

Damage to common property

11.—(1) No person shall remove, destroy, damage or deface, or remove any earth or soil from, any common property.

(2) The costs and expenses including administrative costs incurred by the Town Council in restoring any damaged property to its condition before such removal, destruction, damage or defacement or in replacing earth or soil or any other property that has been removed shall constitute a debt due to the Town Council and shall be recoverable as such.

Dumping and renovation debris

12. No person shall —

(a)	place, deposit, keep or leave or cause or permit to be placed, deposited, kept or left, any material, article, object or thing on any common property or in any open space except in a place designated by the Town Council for that purpose; or
(b)	transport any renovation debris or other building material in any lift in a building in any housing estate, or over any other common property, except with the prior written permission of the Town Council.

Littering on common property and open spaces

13. No person shall throw or deposit or cause or permit to be thrown or deposited any dust, dirt, ash, refuse, rubbish, food or other matter or thing into or onto any common property or open space except in a refuse chute, dustbin or other refuse or litter container or receptacle designated for that purpose.

Throwing objects, etc., from buildings and dangerously positioned objects

14.—(1) No person shall endanger life or property or cause any nuisance, annoyance or inconvenience to any person within the Town by throwing, or allowing to fall, from his flat or any part of the building in a housing estate within the Town, any object, material, thing, article or substance.

(2) No person shall place any pot, plant, ornament, article, object or substance on or at any window-sill, corridor or other part of the common property within the Town in such manner which, in the opinion of the Town Council, is likely to endanger the life or cause injury to any person or cause damage to any common property within the Town or the property of any other person.

(3) The Town Council may, by notice in writing, direct any owner or occupier of a flat within the Town to remove, within 7 days of the date of such notice, any pot, plant, ornament, article, object or substance placed on or at any window-sill, corridor or other part of the common property outside the flat in contravention of paragraph (2).

(4) Where the owner or occupier of a flat fails to comply with the notice of the Town Council under paragraph (3), the Town Council may remove and detain the pot, plant, ornament, article, object or substance, as the case may be, and the amount of the expenses incurred by the Town Council in such removal and detention shall be recoverable from that owner or occupier.

(5) Where, in the opinion of the Town Council, any pot, plant, ornament, article, object or substance placed on or at any window-sill, corridor or other part of the common property within the Town in contravention of paragraph (2) is an imminent danger to life or person, the Town Council may remove and detain such pot, plant, ornament, article, object or substance without any notice under paragraph (3).

(6) The Town Council shall immediately give written notice to the owner or occupier of the flat or other person having lawful possession of the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (4) or (5) that he may, on payment of the expenses incurred by the Town Council in such removal and detention, claim possession of it from the Town Council within 30 days of such removal and detention.

(7) If the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (4) or (5) is not claimed within 30 days of such removal and detention by the owner or occupier of the flat or other person who had lawful possession thereof when it was removed and detained, the Town Council may —

(a)	dispose of such pot, plant, ornament, article, object or substance by public auction or otherwise; and
(b)	apply the proceeds of the sale to the expenses incurred by the Town Council in the removal and detention, and the surplus, if any, shall be paid to such owner, occupier or other person.

Entertainment and sale of goods on common property and open spaces

15. No person shall without the prior written permission of the Town Council —

(a)	hold or stage or cause the holding or staging of any show, play, wayang or other similar entertainment or any reception or formal party on any common property or in any open space; or
(b)	sell or offer or expose for sale any commodity or article on any common property or in any open space.

Unauthorised structures

16.—(1) No person shall erect or install any fixture, structure or thing on any common property or in any open space except with the prior written permission of the Town Council.

(2) Any person who erected or installed any fixture, structure or thing in contravention of paragraph (1) shall, if requested in writing by the Town Council, within 7 days of such request remove at his expense the fixture, structure or thing and repair any damage to the common property or open space, in default of which the Town Council may remove the fixture, structure or thing and repair any such damage caused.

(3) The amount of expenses incurred by the Town Council in removing the fixture, structure or thing and performing the repairs shall be recoverable by the Town Council from that person.

Service of notices

17.—(1) Subject to paragraph (2), any notice required by these By-laws to be served on any person may be served by —

(a)	delivering the notice to that person or delivering the notice at the usual or last known place of residence of that person to some adult member or servant of his family;
(b)	sending the notice by registered post to the usual or last known place of residence or business of the person; or
(c)	affixing the notice to some conspicuous part of the usual or last known place of residence or business of the person.

(2) Where a vehicle is parked on any common property or in any open space in contravention of any by-law, or has been abandoned on any common property or in any open space, and service of any notice on the owner or person having lawful possession of the vehicle cannot be effected in accordance with paragraph (1), the notice may be addressed to the owner or person without stating his name or address and may be served —

(a)	by affixing it to the vehicle; or
(b)	by posting it on any notice board maintained by the Town Council nearest the part of the common property or open space where the vehicle was parked or found,

and the notice shall not be removed or interfered with except by or under the authority of such owner or person or the Town Council, as the case may be.

Composition of offences

18. Every offence under these By-laws shall be a compoundable offence in accordance with section 49 of the Act.

[G.N. Nos. S 462/2000]