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M&CC to take legal action for encumbrances

Jan 06, 2010 News

With effect from today, the Mayor and City Council of Georgetown (M&CC) will initiate legal action against individuals found guilty of encumbering pavements and avenues in the city.
In a statement issued Monday, it was noted that if any person fails to desist from such practices the council will have no alternative but to engage the proposed action.
“With effect from 18:00 hours (January 6, 2010) all objectionable structures on the pavements, parapets and other thoroughfares would be removed by council engineers.
As a result, all street vendors are being warned to remove all boxes, trays, barrels, stands, stalls and any other thing used for vending, over the festive season. Many pavements, parapets and thoroughfares, along Regent Street and Water Street continue to be encumbered with such objectionable structures and it has been observed that such obstructions are posing a serious inconvenience to all citizens.”
For this reason, the council has instructed its Chief Engineer and Chief Constable, to remove all such structures from its facilities.
The Council, the statement added, wishes to advise defaulting persons that the Municipal and District Councils Act 28:01 states that: “It shall not be lawful for any person to carry on a pavement or foot-path any receptacle containing fish or greasy articles, or any bundle of wood, or other article likely to incommode any other person in using pavement or foot-path, nor shall it be lawful for anyone to ride or lead any animal or ride or wheel a bicycle or drive a vehicle or push any hand-truck, wheel barrow or other vehicle other than a perambulator containing a child along a pavement or foot-path or throw any dirty water or other fluid, fruit skins, seeds or other refuse on a pavement or foot-path.
No person shall leave, place or store, or cause to be left placed, or stored, any vehicle cart, dray barrel, box dust-bin, tree trunk, branch, limb, or other thing upon any street, parapet, pavement or foot-path, or in any other way encumber any street, parapet or pavement, with any vehicle, cart, dray, barrel, box, dust-bin or other thing.
The City Engineer shall have the power to remove such vehicle, cart, dray, barrel, box, dust-bin, tree trunk, branch, limb or other thing whatsoever left, placed or stored contrary to paragraph (1), and the cost of removing any such thing maybe recovered by the Town Clerk in a court of competent jurisdiction from any such person.
Anything coming into the possession of the City Engineer by virtue of paragraph (2) and remaining unclaimed for the period of one month after the date of its removal may be sold or otherwise disposed of by the Council.
Provided that where it is reasonably necessary to effect a sale or disposal of such thing by reason of it being in a dangerous state or injurious to the health of human beings, animals or plant or by reason of it being of a dangerous state or injurious to the health of human beings, animals or plant or by reason of it being of a perishable nature, the sale or disposal may be effected at such time as determined by the Council.
The Council may deduct for any proceeds obtained pursuant to the exercise of its powers under paragraph (3) any expenses properly incurred in effecting the removal and sale, or disposal, as the case may be, and any sum in excess of such expenses shall be retained by the Council for a period of three years and, if not lawfully claimed, be paid into the Consolidated Fund for the public use.”

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