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

Town Councils Act

(Chapter 329A, Section 24)

By 30

REVISED EDITION 1992

(1st July 1992)

[1st July 1992]

Citation

1. These By-laws may be cited as the Town Council of Bukit Gombak (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 Bukit Gombak;

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

“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 or any person authorised by the Town Council from doing any act that is reasonably necessary or expedient in the enforcement of these By-laws.

No parking, dumping and erection of fixtures, etc.

3. No person shall —

(a)	park any vehicle on any common property or in any open space except in a parking place or with the prior written permission of the Town Council; [S 308/94 wef 01/08/1994]
(aa)	use, ride or drive on any common property or in any open space any vehicle, not being a perambulator, a child’s toy or a wheelchair, except with the prior written permission of the Town Council. [S 308/94 wef 01/08/1994]
(b)	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 any place designated by the Town Council for that purpose;
(c)	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;
(d)	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; or
(e)	permit any dog, cat or other animal in his charge to urinate, defecate or otherwise soil any common property or open space. [S 308/94 wef 01/08/1994]

Power to detain and 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 appears to have been abandoned on any common property or in any open space, the Town Council may —

(a)	remove the vehicle to a place of safety or any other place and detain it thereat; or
(b)	prevent the removal of the vehicle without his consent by fixing an immobilisation device to the vehicle.

(2) Where a vehicle has been removed to a place of safety or any other place pursuant to paragraph (1)(a) or fixed an immobilisation device to the vehicle pursuant to paragraph (1)(b), the Town Council shall, with reasonable despatch, give notice in writing to the owner of the vehicle as to the procedure by which he may secure the release of the vehicle, and such notice shall be served on the owner of the vehicle —

(a)	in the case where the vehicle has been removed to a place of safety or any other place or any other place in accordance with by-law 16 or where this is not possible, 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; or
(b)	in the case where the immobilisation device has been fixed to the vehicle, by affixing the notice onto the windscreen or any conspicuous part of the vehicle.

(3) No vehicle which has been removed and detained by the Town Council or to which an immobilisation device has been fixed in accordance with this by-law shall be released to the owner of the vehicle except —

(a)	by the direction of the Town Council; and
(b)	upon the owner of the vehicle having paid all expenses incurred by the Town Council, and such other charges as may be imposed under these By-laws.

(4) Any person who, without the authority of the Town Council, removes or tampers with any notice affixed to a vehicle under paragraph (2)(b) shall be guilty of an offence.

(5) Any person who, without being authorised to do so in accordance with this by-law, removes or attempts to remove —

(a)	any vehicle from any place at which it is being detained under this by-law; or
(b)	an immobilisation device fixed to a vehicle in accordance with this by-law,

shall be guilty of an offence.

(6) Where any abandoned vehicle which has been removed and detained by the Town Council or to which an immobilisation device has been fixed in accordance with this by-law is not claimed by the owner within one month of the date of its detention or immobilisation, the Town Council may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle by public auction or otherwise dispose of it in any manner as the Town Council thinks fit.

(7) Where an abandoned vehicle has been sold or otherwise disposed of under paragraph (6), the proceeds of the sale or disposal of the vehicle shall be applied in payment of any expenses incurred in carrying out the provisions of this by-law and thereafter shall be applied in payment of all charges and fines payable under these By-laws and the surplus, if any, shall be paid to the owner of the vehicle.

(8) In this by-law, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of such type approved by the Town Council.

[Subst. by S 308/94 wef 01/08/1994]

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.

Receptions and sale of goods

6. No person shall —

(a)	hold any wedding or funeral reception, formal party or religious assembly;
(aa)	hold or stage or cause the holding or staging of any show, play, wayang or other entertainment; or [S 308/94 wef 01/08/1994]
(b)	sell or offer or expose for sale any commodity or article,

on any common property or in any open space except with the prior written permission of the Town Council.

Obstruction of common property

7.—(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 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 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 dispose of it by public auction or otherwise and 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 rubbish chutes

8. 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.

Throwing objects, etc, from buildings and dangerously positioned objects

9.—(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 any object, material, thing, article or substance.

(2) No person shall throw or deposit any dust, dirt, ashes, refuse, rubbish or other matter or thing into or onto any common property or open space other than in a refuse chute or other refuse or litter container or receptacle designated for that purpose.

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

Damage to turf, plant, shrub or tree

10.—(1) No person shall 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.

(2) No person shall pick a shrub or plant or any part thereof situated on any common property or in any open space.

Diversion of water or electricity

11. No person shall draw, divert or take —

(a)	any water from any water service installation for the supply of water, tap or pipe situated on any common property; or
(b)	any electricity from any electrical installation for the supply of electricity, socket or electrical supply line situated on any common property,

except with the prior written permission of the Town Council.

Display of signs

12. 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 permission of the Town Council.

Damage to common property

13.—(1) No person shall remove, destroy or damage any common property or remove earth or soil from any land under the control or management of the Town Council.

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

Penalty

14. Any person who contravenes or fails to comply with any of the provisions of these By-laws shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Compoundable offences

15. Every offence under these By-laws shall be a compoundable offence.

[S 324/93 wef 01/08/1993]

Service of documents

16. Except insofar as these By-laws otherwise expressly provide, any document required by these By-laws to be served on any person may be served —

(a)

by delivering the document to that person or delivering the document at the usual or last known place of abode of that person to some adult member or servant of his family;

(b)

by sending the document by registered post to the usual or last known place of abode or business of the person;

(c)

by leaving the document at the usual or last known place of abode or business of the person in a cover addressed to that person; or

(d)

where the person is a body corporate —

(i)	by delivering the document to the secretary or other like officer of the body corporate at its registered office or principal place of business; or
(ii)	by sending the document by registered post to the registered office of the body corporate.

[S 308/94 wef 01/08/1994]

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