Throwing items from buildings and dangerously positioned items
5.—(1) A person (A) must not endanger the life of, or cause injury to, another person, or cause damage to any property in the Town by throwing an item, or allowing an item to fall, from A’s flat or any part of a building onto any common property or an open space.
(2) A person must not place any item on or at any window-sill, corridor or other part of the common property in a manner that, in the opinion of the Town Council, is likely to —
(a)
endanger the life of any person;
(b)
cause injury to any person; or
(c)
cause damage to any common property or the property of another person.
(3) Where an item is placed on or at a window‑sill of a flat in the Town in contravention of paragraph (2), the Town Council may, by a written notice, direct the owner or occupier of the flat to remove the item within the time specified in the notice.
(4) Where an item is placed on or at a corridor or other part of the common property in contravention of paragraph (2), the Town Council may, by a written notice, direct —
(a)
the person who placed the item; or
(b)
the person who has lawful possession of the item,
to remove the item within the time specified in the notice.
(5) If the person notified under paragraph (3) or (4) fails to comply with the notice under that paragraph, the Town Council may remove and detain the item.
(6) Where any item placed on or at any window‑sill, corridor or other part of the common property poses, in the opinion of the Town Council, an imminent danger to life or person, the Town Council may, without giving any notice under paragraph (3) or (4), remove and detain the item.
(7) The Town Council must, as soon as practicable after the removal and detention of the item under paragraph (5) or (6), serve a written notice on —
(a)
where the item is placed on or at the flat’s window‑sill, the owner or occupier of the flat; or
(b)
where the item is placed on or at a corridor or other part of the common property, the person who placed the item or had lawful possession of the item prior to its removal,
that he or she (called the notified person) may, on payment of the expenses incurred by the Town Council in removing and detaining the item, claim possession of it from the Town Council.
(8) If the item is not claimed by the notified person within 30 days after its removal and detention, the Town Council may —
(a)
dispose of it by public auction or otherwise; and
(b)
apply the proceeds of the disposal to meet the expenses incurred by the Town Council under this by-law and then pay the balance (if any) of the proceeds to the notified person.
(9) The Town Council may recover from the notified person —
(a)
any expenses incurred by the Town Council under this by‑law; and
(b)
where the item is disposed of under paragraph (8) and the proceeds are insufficient to meet the expenses, the balance of the expenses.
(10) In this by-law, “item” means any pot, plant, ornament, article, object or substance.