The Hauraki Plains County.
BY-LAW, 1922. IN PURSUANCE AND EXERCISE OF THE POWER CONFERRED UPON IT BY “THE COUNTIES ACT, 1920,” “THE PUBLIC WORKS ACT, 1908,” “THE HEALTH ACT, 1920,” “THE EXPLOSIVE AND DANGEROUS GOODS ACT, 1908,” “THE MOTOR REGULATIONS ACT, 1908,” “ THE PUBLIC RESERVES AND DOMAIN ACT, 190'8,” AND THE SEVERAL ACTS AMENDING THE SAME RESPECTIVELY, AND OF EVERY OTHER POWER IT IN THAT BEHALF ENABLING THE COUNCIL OF THE COUNTY OF HAURAKI PLAINS DOTH HEREBY MAKE AND ORDAIN THE. BY-LAW HEREINAFTER SET OUT, SUCH BY-LAW TO BE IN FORCE THROUGHOUT THE SAID COUNTY. PAET I. Introductory and Penalties. 1. This By-law may be referred to as “The Hauraki Plains County By-law, 1922.” 2. The marginal notes to clauses herepf shall not be deemed to be part of this By-law. 3. In this By-law, if not inconsistent with the context: — “CHAIRMAN” or “COUNTY CHAIRMAN” means the Chairman of the County. “CORPORATION” means the Chairman, Councillors, and inhabitants of the County of Hauraki Plains. "COUNCIL” or “COUNTY COUNCIL” means the Council of the County of Hauraki Plains “COUNTY” means the County of Hauraki Plains, and includes any areas that may hereafter be added to the said County. “COUNTY CLERK” or “CLERK” means the Clerk of. the Council, and includes any person foi the time being appointed Ly the Council to perform the duties of Clerk to the Council. “COUNTY ENGINEER” or “ENGINEER” means the Engineer of the Council, and includes any person for the time being appointed by the Council to perform the duties of Engineer to the Council. ' “MONTH” means a calendar month. “OCCUPIER” of any premises includes the owner where the premises are unoccupied. . “OWNER” of any premises means the person for the time being •entitled to receive the rack rent thereof or who would be so entitled if the same were let to a tenant at a rack rent, and where any such person is absent; from New Zealand includes his Attorney, Agent, or other person acting for him in New Zealand. , “PERSON” includes persons, a body corporate, also a body oi persons unincorporate. “ROAD” means and includes any public highway, road, thoroughfare or way of public nature, or used by the public as of right bridge, ferry, ford, or public place under the care, control, or management of the Council. ( < “PUBLIC PTACE" means and includes any public place, footpath, footway court, and alley of a public nature open to or used by the public as of right, recreation ground or park under the care, control, or management of the Council. “THIS BY-LAW” means and includes all the provisions contained •‘WRTTn^G B ” P “WRITTEN,” or any terms of like import, includes words written, typewritten, printed, painted, engraved, lithographed or otherwise traced or copied, and any document " required to be written may be in words and figures expressed partly in bne and partly in another or others of the above modes. Words importing the singular number include the plural' number and words importing the plural numbei include the'singular number and words importing the masculine gender include females. . ■ 4. Wherever in any part of this By-law a form is any document it shall be sufficient if the document is to the effect ct such form. obstruct any Officer or servant of the Council in or about thl exercise of any duty,, .power,, or authority given to hlm 6 by X .now ths owner thereof i U oil him to do it but without prejudice to the liability of such “°ee„"S ro”«»troulu B “penalties under th lE By-law tor every day or part of ada, be ooneerued 1,. doing 7 ‘ anything in contravention of any Provision any part of th Bv-law or of these nresents, or who shall omit to <1 ' “SI Sl' r ?e MX b “" kSS nd shall be liable for each such breach to a fine not exceea ffig ten pounds, and where the breach Is a continuing pne thin to a fine not exceeding five pounds for every day oi nf a dav during which the breach continues. . (2)' The continued eixstence of any work, vehicle, or in n state contrary to any provision of any part of this Bv-law or of these presents shall be deemed a continuing breach of this By-law, but not so as to i * l^ ) ffenc«.' omission which may otherwise constitute a. continuing onen - 8 in Where a perron shall have z omitted to execute any work or to provide any appliance, material, or thing or to -1P Cle^k^giveTo 7 suclT person notice in writing to execute ' Schwork or to provide such appliance, material, or thing, o r to do such other act or (as the case maybe) the matter of his default so as to cause such work, appliance, lor-thing or 1 such other act so done, to comply with ot be provided Jr donl In aceordaneo with the said Pro™>™ within a Stable time, to be stated In such ' nnv such notice may be renewed from time to time . Provide Uwavs that where provision is made in these presents for any such notice as aforesaid being given otherwise than by the County Clerk such notice shall be given as so provide . m A nerson failing to comply with any such notice or ' » “e TSitfon to; 9 ? e X e ctT; person from any liability to which he may otherwise be subject by laW ‘lo Except where otherwise expressly stated herein this By-law shall apply to' the whole of the County.
PART 11. In Respect of Licensing Vehicles. . ( »e"x?Vr XeTSS X? ' “y e wh?cle P fis?H mS%U! and in the case of a licensed motor vehicle means the> perso. having theTontrol of the power by. which such vehicle is ’(b) P ?W®)TOR’’ O meSi the person appointed by the> Council as Inspector of Vehicles for the purpose of this part of this (c) CAB” shall mean and include any landau cab hansom, omnibus, or any similar or other vehicle of any description licensed, under this part of th inciu ' d , e any ( ) c£ Sw waggon, van, lorry, dray, or any similar or other vehicle of any descriptipn (other than a j^® 11 motor wagon) licensed under this part of this By la v the carriage of goods, merchandise, or material for hue. (e) “LICENSED MOTOR CAR” shall mean and in^ e , j motor car licensed t as a licensed cab as defined undei this , n “ncrawn DELIVERY VAN” shall mean and in- (,) elude™,by an, meehanleal power licensed as a licensed goods cart as defined under this part of this By-law not exceeding two tons in weight unladeni, inc uding a motor cycle, motor tricycles,,-or velocipede, 01 otlmi similar machine propelled by any mechanical power used for the delivery of goods, merchandise, or material. • (g) "LICENSED MOTOR WAGGON’ shall mean and include any ' S vehicle propelled by any mechanical power exceeding two tons in weight unladen licensed under this part of this for the carriage of goods, merchandise, or materials for hue. th) “LICENSED PASSENGER VEHICLE and includ. any vehicle licensed under this part of this By-law for th carriage of passengers for hire. ' (i) “LICENSED VEHICLES” includes all vehicles whatevei ■their form of construction and whether drawn or propelled by animal or mechanical power licensed under this part -J ii) "OWNER” (in addition to the ordinary meaning of the word) includes a bailee entitled to the possession and use of profit. (k) “COUNTY COUNCIL" has the meaning given tn these words in Part I of this By-law. 12. A license under this part of this By-law shall be necessary for and shall be obtained!by the owner of every vehicle^ of eyeiy description whatever, whether drawn or propelled by any anima or any mechanical power, plying on any road for the carria ®®. passengers or of goo'ds or merchandise or maternal of any description fo? hire either within the County or between places within and beyond t y e eh 9® l g” ty^ equ . red tQ be n cense d under this part of this By-law shall be licensed as /licensed cab” or 'licensed goods cart or ‘‘licensed motor car” or "licensed motor delivery van or licensed motor waggon” according as they respectively answer to the severa descriptions of such vehicles given in Section 11 hereor. 14. No person shall drive or act as the driver or conductor of anv vehicle hereinbefore required to be licensed while plying for hire in the County unless such /vehicle shall have been duly licensed as required by this part ofc this By-law. . 15 The owner of any vehicle hereinbefore required to be licensed shall not permit or suffer It to be used in plying for hire in the County unless such vehicle shall have been duly licensed as afol T 6 aid E ver y person applying for a vehicle license hereunder shall prior to the issue thereof pay to the Council therefor the following fees specified for such license, that is to say :— Cab license — — — £1 Goods cart license — — — £1 Motor car license — — — £5 Motor delivery van — — — £2 Motor waggon license — — £3
Provided that if any such vehicle license shall not have been in force for one year on the 31st day of March succeeding the issue thereof, the fee payable shall be reduced by such sum as the unexpired portion of the year bears to one year. 17. Upon the sale or transfer of any licensed vehicle the Vendor or Transferor shall within seven days from the date of such sale or transfer deliver to the County Clerk a notice in writing of such sale or transfer and of the name and address, of the Purchaser or Transferee of such licensed vehicle, together with the license for endorsement thereon by the County Clerk of.,the transfer. On such endorsement being made the Purchaser oi- Transferee shall be deemed the owner of the! vehicle for the purposes of this part, of this By-law, and he shall be deemed to have assisted to such endorsement unless the contrary be proved. 18. All persons requiring licenses under this part of this By-law shall make application therefor in writing under the hand of the applicant to the County Clerk. Such applications shall be in or lo the effect'of form numbered “1” in the schedule to this part of this By-law. 19. An application for a vehicle license on behalf of any copartnership or registered company shall be made by and such license shall be issued to the senior or managing partner of such copartnership or the Secretary or the Manager of such Company as the case may be. 20 Before granting any license under this part of this By-law the County Clerk shall be satisfied either on the report of the Inspector or otherwise in the case of any vehicle, of its fitness fruits licensed purpose, and in the case of a horse-drawn vehicle thathere will be proper and sufficient harness. 21 All licenses issued hereunder shall be in or to the effect of form numbered “3” given in the schedule to this part of this By-.law and shall be issued under the hand of the County Clerk. 22. No vehicle driven by mechanical power shall be licensed hereunder unless it complies as to construction, fixtures, and appliances with all the requirements of Part TIL of this By-law that, relates to a vehicle of its description. 23. Each license for a vehicle shall (a) be for one vehicle only (b) specify the full name and abode of the person to whom sucn 4 license is issued. , (c) In the case of a vehicle to be licensed as a passengei vehicle specify the number of passengers to be carried by such vehicle. , .. , (d) Specify the licensed number of such vehicle. (e) In the case of a vehicle to be licensed as a goods cant, moto. delivery van, or motor waggon specify the weight of such vehicle unladen 'and the maximum weight to be. carried thereon. , „ , , . 24 Each vehicle license shall unless cancelled or suspended be in force fffom the date of issue thereof until the 31st day of March thence next ensuing.
25. No person shall :— (a) Erase or deface .a license. Any license erased or defaced shall be void. . (b) Use his vehicle license for any kind of vehicle other ina.i that specified in his license. . (c) Lend or part with his license save as may be herein provided. 26 Each applicant for a license for a vehicle shall produce such vehicle as directed by the Inspector for his inspection. 27. When any licensed vehicle shall be under repair or tor any other reasonable cause, if the owner shall so desire he may be permitted to substitute another vehicle of the same description tor a period to be specified by endorsement on the license and signed by the County Clerk, every such substituted vehicle to bear the number of the original licensed vehicle and to be certified by the Inspector as fit for the purposes x of the said license. , ■’B The owner of every licensed vehicle shall cause toe number of the’license granted for the same to be painted in figures not! less than two inches in height and of proportionate breadth in black colour upon a ground of white colour o-n both sides of the vehicle in a conspicuous position to be Approved of by the Inspector, and shall also cause to be pointed above or around such number <he words “County of Hauraki Plains, Licensed,” and shall keep such number and words; conspicuous, legible, and undefaced duiing all the time such vehicle shall be plied for hire. 29. It shall be an offence against this By-law for any person to drive or for the owner to permit or suffer or cause to be drive i on any road within the County for the purpose of plying foi hire any vehicle whereon are painted or fixed any words or figures representing the same to be licensed under thi-- By-law unless such vehicle has been duly licensed. ’ 30. Every driver and conductor shall be sober while driving in charge of any licensed vehicle in plying for hire. 31. The owner of a.licensed vehicle shall not knowingly permit or suffer any person who is not sober to drive or be in charge of the same in plying for hire. < . 32 No person suffering from any infectious disease within the meaning of the “Health Act. 1920,” shall enter, any licensed passenger vehicle unless he shall have previously notified the drivel or conductor thereof that he is suffering from such infectious disease. 33. An owner or driver or conductor of a licensed passenger vehicle which has to his knowledge been entered by any person suffering as aforesaid shall forthwith effectually disinfect such vehicle. Before j inO wingly allowing any person who Is suffering as aforesaid to enter a licensed passenger vehicle the owner, driver, or conducto? thereof shall require proper precaution to be taken against spreading the infection. 35. Every owner of any licensed vehicle and every driver or conductor shall on the request of any, Police Constable or of’ the Inspector produce to such Constable 'or Inspector making such request the license of such vehicle. 36. The driver or conductor of a licensed passenger vehicle shall not: — ' „ > (a) Cause or permit or suffer to be carried a greater number of passengers at one time than such vehicle is licensed to carry. ‘ (b) Cause or permit or suffer any passengers to be carried upon, any portion of such vehicle other than the seats provided for passengers. « (c) Knowingly carrying any person who. is drunk or dirty or so attired as t,p cause annoyance to any other passenger, or any person who is noisy or violent or misbehaving or disturbing the public 'peace. (d) Knowingly permit any person to carry any substance of ar. offensive character or of such dimensions as to inconvenience other passengers or that might soil or damage the apparel of any other passenger. 37. The driver of a licensed goods cart or licensed motor waggon shall not carry any greater weight than that specified in the license thereof.
' 38. The owner of a licensed goods cart or licensed motor waggon shall not knowingly- permit or suffer any greater weight to be carried therein than that specified in the license thereof. 39. No person shall ride on the steps, footboard, or platform qf a licensed passenger vehicle or in or on any part, of the same save the seats constructed for the use of passengers.
40. It shall be lawful for the Inspector or any police constable at any time to stop a licensed vehicle when proceeding or being on any noad for the purpose of counting the passengers or ascertaining the quantity or weight of goods therein or for any other purpose cf this part' of this By-law, and every driver refusing or neglecting to stop when requested to do so by such Inspector or constable shall be deemed guilty of an offence hereunder. 41. Any owner or driver or conductor of any licensed vehicle or any other person who shall obstruct the Inspector or any police constable in the execution of any : duty under this part of this By-law shall be deemed guilty of an offence hereunder. 42. If any licensed vehicle or any machinery or appliances used in propelling same or any animal or harness used in drawing the same shall at any time in the opinion of the Inspector be) insufficient or unfit for use- he may cause notice in writing thereof to be given to the owner of such vehicle or given to the driver of such vehicle, and after service of such notice on. such owner or driver he shall not ply for hire with such vehicle or (being the owner) permit or suffer the same to be used in plying for hire until the same or any machinery, appliance, animal, or harness used therewith shall in the opinion of the Inspector (certified under his hand) be in a fit condition for use, and any contravention hereof by such owner or driver shall be deemed an offence hereunder. 43. If during the currency of any license the vehicle to which such license relates becomes in '.he opinion of the' Inspector, or of the Council on appeal, unsafe or insufficient for the purpose for which the same is licensed or theMiarness used therewith is unsafe or insufficient the Council may suspend such license until such vehicle or harness is in such opinion made safe dr sufficient. ' 44. Any vehicle the license for which has been cancelled shall for all purposes of this part of this By-law be thereafter deemed to be an unlicensed vehicle,, and any vehicle the license for which has been suspended shall for the like purposes be deemed an unlicensed vehicle during the period of the suspension. THE SCHEDULE ABOVE REFERRED TO. Form No. 1. ,■ No COUNTY OF HAURAKI PLAINS. Application for Vehicle License. To the Clerk of Hauraki Plains County. I:ofdo hereby request that a license may be granted in respect of and for a owned by me to ply for hire for carriage of subject to the provisions of the Hauraki County By-law, 1922. Dated this dav of ——, 192 . Form No. 2. Vehicle License. I, the undersigned County Clerk of the County of Hauraki Plains, by the authority and on behalf of the Council do hereby license the'of which— of is the owner as a Licensed, from the date hereof. This license shall remain in force until the thirty-firdt day of March next and no longer. The licensed number of the above-mentioned vehicle is : - The maximum number of passengers to be carried by the said vehicle is The weight of the said vehicle unladen is —. The maximum weight of goods, merchandise, or .materials to be carried on such vehicle is x < This license is; issued subject to the provisions of Pail 11. of the Hauraki Plains County By-law, 1922. Dated atthisday of 192 . County Clerk. PART 111. In Respect of Motor Cars, Motor Delivery Vans, Motor Waggons, and Motor Cj&les. 45. For all purposes of this part of this By-law, if not inconsistent with the context: — "MOTOR CAR” shall mean and include any vehicle propelled by any mechanical power used for the carriage or conveyance of persons. , , . , "MOTOR DELIVERY VAN’’ shall mean and include any vehicle propelled by any mechanical power used for delivery of goods, merchandise, and material not exceeding two tons in weight, unladen, but not including a motor cycle, as hereinafter defined. , , . , “MOTOR WAGGON” shall mean and include all vehicles propelled by any mechanical power used for the carriage and
delivery of goods, merchandise, or material of any description exceeding two tons in weight unladen. "MOTOR CYCLE” for the purposes of this part of this By r law shall mean and include a motor tricycle or velocipede or any other similar machine propelled by any mechanical power, whether .used for delivery of goods or otherwise. “TRAFFIC INSPECTOR” shall mean the person appointed by the Council as Traffic Inspector for the purpose of this part of this By-law. “COUNCIL” or “COUNTY COUNCIL” has the meaning given to these words in Part I. of this By-law. 46. This Part of this By-law shall apply to motor cars, motor delivery vans, and motor waggons, whether required to be licensed under Part 11. or Part IV. of this By-law or not. 47. No person shall drive or use any motor car,, motor delivery van, or motor waggon on any road unless such motor ear, motor delivery van, or motor waggon, as the case may be, shall have two independent brakes in good working order and of such efficiency that the application of either to the motor car, motor delivery van, or motor waggon,, as the case may be, shall cause two of its wheels on the same axle to be held so that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the motor car, motor delivery van, or motor waggon, as the case may be, as if such wheels were held. 48. No person shall drive or use on any road any motor car, motor delivery van, or motor waggon, which shall not be capable of being so worked that it. may travel either forwards or backwards. 49. No person shall ride or use any motor cycle on any road unless such motor cycle shall have two independent brakes in good working order and of 1 such efficiency that the application of either to such motor cycle shall cause its wheel or all its wheels on the same axle to be so held that the said wheel or wheels shall be effectually prevented from revolving or shall have the same effect in stopping the motor cycle as if such wheel or wheels were so held. 49A. No person shall drive or use any motor car, motor delivery van, or,motor waggon, or ride or use any motor cycle on any road unless such motor car, motor delivery van, motor waggon, or motor cycle, as the case may be, shall have attached to it a bell, horn, whistle, or other means of giving audible and sufficient notice of the approach or position of the vehicle. 50. No person being the driver of any motor car, motor delivery van, motor waggon, or motor cycle on any road shall fail to properly and efficiently sound the bell, horn, whistle, or other means attached thereto for giving due warning of his approach when :— (a) Overtakng triaffic of any description on such road. (b) Approaching any corner where he cannot clearly see the road fifty yards ahead. (c) When approaching the intersection of any road. (d) At any ether time or place it is reasonably necessary. that he should do so. 51. No person being the driver of a motor car, motor delivery van, motor waggon, or the rider of a motor cycle on any road shall on the request of any police constable, the Traffic Inspector, or any person having charge of a horse or any other animal or animals (whether such request be made by word of mouth or signal) fail or neglect to bring such motor car, motor delivery van’ motor waggon, or motor cycle to a stop and to remain stationary so long as may be reasonably necessary. 52. No person being the driver of a motor car, motor delivery van, motor waggon, or the rider of a motor cycle on any road shall when requested to do so by any person in charge of a horse fail or neglect to allow such person the utmost Width the road affords for the purpose of passing such motor car, motor delivery, van, motor waggon, or motor cycle, 53. Subject" to Sections 55, 56, and 57 hereof no person shall drive any motor car, motor delivery van, or ride motor cycle on any road at a greater speed than is reasonable, haying regard to the traffic actually on or which might reasonably be expected to he on any such road and to the degree of light obtaining at the time. 54<. No person shall drive a motor car, motor delivery van or ride a motor cycle :— (a) Round any bend or corner of a road where such driver rider cannot obtain a clear and uninterrupted view of the road for at least fifty yards ahead. (b) Across the intersection of any other road. (c) When meeting or passing vehicular traffic from the opposite - direction. >•. (<1) Through the main street of any village, or township within the jurisdiction of the County, at a greater speed than 10 miles per hour. 55. No person shall on any road drive a motor car, motor delivery van, motor waggon, or ride a motor cycle within fifty yards on either side of any public or private school situate on or near such road a'tj a greater speed than shall from time to time be indicated on the signposts erected at that distance on either side of such school. 56. No person shall drive a motor car, motor delivery van, or motor waggon, or ride a motor cycle at a greater speed than thatindicated from time to time on signposts on any portion or portions .of a road where the Council have owing to the dangerous nature 'thereof erected such signposts indicating such danger and also indicating the rate of speed to be observed. 57. Every signpost set up on or near to any road giving directions as to speed and haying thereon the name of the County Council shall be deemed to have been set up under this part of this By-law, and such directions to remain in force unless and until the contrary be proved. 58. No person shall drive any motor waggon on any road at a greater speed than 12 miles per hour. 59. The driver of a motor, vehicle overtaking another motor or other vehicle shall not’ attempt to pass such motor or other vehicle at a bend in the road unless there is a clear r view of the road ahead for a distance of at least fifty yards.
60. The driver of any motor car, motor delivery van, motor waggon, or motor cycle (wth side car or chair attached proceeding round a bend of a road where there is not a clear view of the road ahead flor a distance of at least 50 yards shall allow at least half the width of the road on the upper side for the use of any motor or vehicl? that may be travelling in the opposite direction, notwithstanding that, such other vehicle is not actually in sight at the time. 61. No s person shall drive a motor car, motor delivery van, or motor waggon, or ride a motor cyble on any road unless he is able to properly and skilfully manage and drive or ride the same, as the case may be, or unless such person is accompanied by some skilled driver or rider supervising him., 62. No person shall drive, use, or have a motor car, motor delivery van, or motor waggon on any road during any period between sunset and sunrise unless such motor car, motor delivery van, or motor waggon shall be provided with at, least one lamp on each side thereof so placed as to give a proper and sufficient light in front of Such motor car, motor delivery van, or motor waggon and one lamp at the rear thereof so placed as to shew a red rear) light rearward a ( nd to illuminate the registered number plate thereon, and all of which said lights shall be kept lighted and burning during the whole time such motor car, motor delivery van, or motor waggon is upon any such road during such period. 63. No person shall drive, use, or have a motor car, motor delivery van or motor waggon, or ride, use, or have a motor cycle on any road during the period between sunset and sunrise unless the front or head lights thereof provided for in Section 63 hereof and in the case of motor cycles in Section 67 hereof shall be fitted with dimmers or other appliances for reducing the brilliancy of such light or lights on meeting any vehicle approaching from the opposite direction. . . 64.. No person driving, using, or having a motor car, motordelivery van, or motor waggon, or riding, using, or having a motor cycle on any road during the period between sunset and sunrise shall fail upon approaching or being approached by any vehicle from the opposite direction in which such motor car, motor delivery van, or motor waggon or motor cycle is proceeding or fronting to apply to his front light or lights the dimmers or other appliances for reducing the intensity of such light or lights immediately such approaching vehicle comes clearly within the rays of his said light or lights and not in any case at less than one hundred yards distance from such approaching vehicle. 65. No person driving,'using, or having any motor waggon on any road during any period between sunset and sunrise shall use or exhibit on such car, delivery van. or waggon any “spot” light of lights of a similar kind .or nature.’ t 66. No person shall ride or have any motor cycle on any road during any period between sunset and sunrise unless : — (a) Such motor cycle shall be provided with one lamp in front of such motor cycle and one lamp at the rear thereof so placed as to illuminate the registered number plate thereon and to show a red light rearward, and both of which said • lights shall be kept, lighted and burning during the whole time such motor cycle is on such road during such period. (b) In the event of such -motor cycle and side car or attachsimilar attachment such motor cycle and side car or attachment shall be provided with one lamp in front of such cycle and a further lamp in front of and on the further side of the said side car or other similar attachment and a lamp at the rear of the motor cycle so placed as to illuminate the registered number plate thereon and to show - a red light rearward, and all of which said lights shall be kept lighted and burning during the whole time such cycle is on such road during such period. 67. No person shall ride any meter cycle with or without a side car or other similar attachment upon any road unless the same is fitted with a silencer, muffler, or other similar, attachment for reducing, the noise arising front the exhaust pipe in such motor cycle. 68. ' No person shall ride any motor cycle with or without a side car or other similar attachment on any road without using and applying a silencer, muffler, or other similar attachment, during the whole time such motor cycle shall be in use on such road so as to reduce as much as possible the noise of his passage. 69. No person shall ride any motoi cycle with a ‘side chair, car, or other attachment of any description attached thereto upon any road unless such side chair, car, or other attachment is attached to the left side of such motor cycle. 70'. No person shall drive any motor car, motor delivery van, or motor waggon, or ride .any motor cycle on any road unless all the wheels thereof shall be properly and sufficiently tyred with tyres of rubber or other material or composition as equally resilient as rubber. , 71. No person shall drive any motor delivery van or motor waggon on any road unless such vehicle shall have attached thereto a mirror or looking-glass so situated at the driver’s side thereof thar. the driver thereof can conveniently .firom his driving seat see reflected or shewn therein all vehicles and other traffic approaching him from behind. 72. No person shall drive or be in charge of any motor car, motor delivery van, motor waggon, or motor cycle on any road unless such person is sober. 73. The provisions of Part VII. of this By-law shall mutatis mutandis apply to motor cars, motor delivery vans,, motor waggons, and motor cycles. PART IV. In Respect of Heavy Traffic. This part of the By-law is made under “The Counties Act, 1920,” and "The Public Works Act, 1908,” and the acts amending the same respectively, and also under all other powers enabling the Council in that behalf. 74. In this part of this By-law "HEAVY TRAFFIC” shall have the meaning assigned to that expression by Section 139 of “The Public Works Act, 1908,” that, is to say:— (a) The transportation of any vehicle, engine, or machine which itself or together with anything or things being transported thereon weighs more than one and a half tons avoirdupois to each pair of wheels.
(b) The transportation of any vehicle or thing by means- of. 1 bullocks notwithstanding that such vehicle or thing may'.-, separately or together with any load thereon weigh less one and a half tons avoirdupois. , ' ';f (c) Any traffic which may from time to time be declared to be. ? . “HEAVY TRAFFIC” by Order-in-Council. f £| 75. In this part of this By-law, unless inconsistent with the n context: — t'Jg “ROAD” means and includes any ioad, bridge, ferry, or ford plunder the care, control, or management of the County Council,-., and includes in.relation tp traction engines any district road..-,. “VEHICLE" means and includes any vehicle, engine, or machine.'"engaged in heavy traffic. -1 “OWNER” includes a bailee entitled to the possession and use profit of any vehicle. > “BRIDGE,” “FERRY,” and “FORD” means a bridge, ferry, or -; ford respectively under the care, control, or management of the Council. ' “TRAFFIC INSPECTOR” shall mean the persons appointed by the Council as Traffic Inspector for the purpose of this part ~ of this By-law. . ■’ '-fi “COUNTY ENGINEER” means the person holding tnat Office ; under "The Counties Act, 1920. , ~. t "COUNCIL” or “COUNTY COUNCIL” has the meaning given to these words in Part .1. of this By-law. (: 75A. No person shall drive or use or (being the owner thereof) . permit or suffer to be driven or used upon any road any vehicle, ; engine, or machine to which this part of this By-law shall a PP unless such vehicle, engine, or machine is licensed as herein provided and a yearly license fee therefor has been paid to the Council according to the following scale ■ /, 1. On every traction engine a yearly license fee of £2O. . 2 On every vehicle or machine other than a traction engine (whether driven or propelled by'animal or mechanical power) - ' not exceeding with the load thereon three tons an annual \ license fee of £5. - 3 On every vehicle, engine, or machine other than a traction - engine (whethbr driven or propelled by animal or mechanical power) exceeding with load thereon three tons in weight an annual license fee of £2O. 76. Any person making an application for a license for - vehicle, engine, or machine under this part of this By-law who shall - , knowingly include or specify in such application any untrue par-" ticular or particulars in respect of such license shall be guilty of ‘ an offence, and any license which may have been issued pursuant to , the such application, may on conviction for such offence be revoked by the Council. , ~ ... ■ 77. No person shall drive or (being the owner thereof) permit or suffer to be driven or used any traction engine exceeding twelve tons in weight inclusive ,of the weight of coal and water carried • therein on any bridge or culvert on any road. 78. No person shall use or drive or (being the owner thereof) ■ permit or suffer to be used or driven any vehicle other than a traction •• engine whether driven by animal or mechanical power, which with : the load thereon exceeds twelve tons in weight over any bridge or; culvert on any road. . , 79 Every license shall be for a period of one year from date . of issue : Provided always that a license may be applied for and in . that case shall be issued for any period less than a year (being a month or some number of months) on payment of such a part tf; < the yearly license fee hereiji provided as is found to be due taking' - the proportions in which the time to be covered by the license stands ; to- one year. \ ' 80. Every person who desires to obtain a license under this pare . ; of this By-law for any vehicle, engine, or machine intended to bemused for heavy traffic shall deliver at the County Office an applica-;., tion in' writing addressed to the County Clerk and signed by the - applicant specifying the name, occupation, and address of the „ applicant, the class of vehicle, engine, or machine, the weight and the number of Wjieels and width of tyres of the vehicle, engine, or machine the mode of traction and the purpose for which it is to oe ; used and in the ease of a traction engine further specifying the name of the maker, the number, the horse-power, and the weight ; loaded and unloaded. ■ . 81. The County Clerk may require the person applying for a- ? license for a traction engine to produce the last, annual certificate ; issued by the .Inspector of Machinery in respect of the boiler of such . engine under “The Inspection of Machinery Act, 1908,” or any Act or • - Acts amending or in substitution, thereof, and any person knowingly producing a forged, counterfeit, or false certificate or a certificate ' which has been superseded or which has for any reason known to such person ceased to have., full force and effect or which has not been issued in respect of the said boiler shall be guilty of an offence .. j . eceip( . o£ tJie ap pij ca tj O n referred to in Section 80 hereof and on payment of the fee applicable to the vehicle, engine, or, machine described therein the County Clerk, may, subject to the . provisions of the next succeeding section hereof, issue a license. , under his hand in the form provided in the first schedule to this part of this By-law or to the like effect, and in the ease of the trac- - tion engine further specify the name of the maker, the number, horse-power, the weight loaded and unloaded, and every such license shall be numbered in succession as issued, and shall be legisterea. according to its number by entering the particulars theieof in a book . to be provided for the purpose, and such license shall be prima facie evidence of the contents thereof. 83. The County Clerk may in any case as a condition precedent to the issue of a license require the,person to yliom the same is to , be issued to deposit such a sum of money or to enter into a bond with or without an approved surety or approved sureties to the . Council in such sum as in either case the. County Clerk on the report of the County Engineer reasonably requires, such sum or bond to be - held by the Council as security that such person shall pay to the - Council reasonable compensation for any special damage which shall - ..accrue to any road by reason, of any heavy traffic thereon by the, . vehicle, engine, or machine in respect .of which 'such license may be issued. *' . , . , . 84i The weight of the load or of the contents of any vehicle. »n so far as such load or contents consist of the materials specified in the second schedule to this part of this By-law shall for the purpose of this part of this By-law be ascertained by computing such weight in accordance with the table set out in the said Second Schedule. 85. No person shall drive any vehicle other than i traction engine whether drawn or propelled by animal or mechanical power exceeding with the load thereon five tons in weight'across any bridge or c/ulvert on any road at a greater speed than six. miles per hour. . 86. No person shall, drive or propel any motor waggon as defined by Part HI. of this By-law or traction engine having attached thereto any truck or trailer across any bridge or culvert on any road so that such motor waggon or traction engine, as the case may be, ■ shall be on such bridge or culvert.at the same time as any such truck or trailer if the total weight of truck or trailer or motor waggon or traction engine with the respective loads exceeds twelve tons. 87. No person shall drive on any bridge or culvert on any road < any vehicle propelled by mechanical power:— (a) To which shall be attached more than two trucks or trailers. (b) To which shall be attached a truck or trailer carrying more than six tons inclusive of *-he weight, of such truck or trailer. 88. The owner of every vehicle whether drawn or propelled by animal or mechanical power licensed under this, part of this By-law shall cause the number of the license granted for the same to be painted in figures-not less than two inches in height and of proportionate breadth in black colour upon a ground of white colour on both sides of the vehicle in a conspicuous position to be approved of by the Traffic Inspector, and shall also catise to be painted above op around such number the words ‘‘County of Hauraki Plains. Licensed to engage in heavy traffic,” and shall cause the weight of the vehicle to be painted thereon in a conspicuous position in figures , ; or letters of like size, and shall keep such number, weight, and words conspicuous, legible, and irndefaced during all the time such vehicle shall be engaged in heavy -traffic. . 89. The person in charge of every vehicle or machine licensed | , under- this part of this By-law and proceeding or being on any road shall produce'the license therefor for inspection upon dema-nd being made’by the Traffic,lnspector or by any person authorised in writing ■in that behalf under the seal of the Council. The owner of the , vehicle or machine shall cause the person in carge thereof when proceeding or being on any such road to be furnished with the license. 90. The Council may from time to time by resolution determine that owing to the weather conditions any specified roads, road, or part of a road situate within its County or being under its care, control, or management, shall be unfit for , heavy traffic as herein- ; before defined for any time during the months of May, June,. July, August, and September in any year, and in such case may by resolution order that heavy traffic of all kinds for such time as aforesaid shall cease on such roads, road, or part of a road as aforesaid and notify such order by notice published in some newspaper circulating in the County and also affixed to any conspicuous place on the reads,road, or part of .the road determined to be unfit for heavy traffic as. aforesaid,, and no person shall after seven (7) days from the time when such notice has been so published and affixed during the period therein specified be engaged in heavy traffic on such roads, road, or part of a road. 91. XTlie Council may from time to time by resolution deterinino that owing to weather conditions any specified roads, road, or part of a road situate within its County or being under its care, control, or management while fit for heavy traffic as hereinbefore defined up to such weight as the Council may then determine not being less than the aforesaid weight of one and a half tons to a pair,of wheels so determined for any time during the months of May, June, July, August, and September in any year, and in such cage may by resolution order that heavy- traffic exceeding the weight so determined on by the Council in such order for such time as aforesaid shall cease on such roads, road, or part of road as aforesaid and notify such order by notice published as in Section 90 hereof and also affix to any conspicuous place on the reads, road, or part of a road determined to be unfit for heavy traffic exceeding such weight as aforesaid, and no person shall after seven (7) days from the time when such notice has been so published and affixed during the period therein specified be engaged in heavy traffic on such roads, road, or part of a road of a greater weight than that specified in such notice. 92. Any person authorised in this behalf under the seal of the Council on exhibiting such, written authority may require the driver of any- vehicle on any road which in the opinion of such authorised person infringes any provision of this part of this By-law with respect to the Weight of the load of vehicles to stop the same,; and any / such driver ifi so required shall stop the same forthwith until the weight or the measurement of the load thereon can be ascertained and shall truly answer all such questions as such authorised person shall reasonably put .to him -as to the load or contents of such vehicle and in default of such driver so doing he shall be guilty Of an offence hereunder. 93. Any person authorised in this behalf in writing under the : seal of the Council on exhibiting such written authority may for the purpose of ascertaining the weight of the load on any such vehicle as aforesaid require the driver of suefi vehicle to do all such acts as may be reasonably- necessary to ascertain the weight or measurement of the load on such vehicle, and in default of such driver so doing he shall be guilty of an offence hereunder. 94.. If the driver of any such vehicle on any road shall refuse or neglect to comply with any requirement under the last two preceding sections and in consequence thereof the weight or measurement of the load of such vehicle cannot be ascertained then notwithstanding any penalty to which such driver may- be liable for the refusal or neglect the weight of the load of such vehicle shall until the contrary is shewn be deemed asi against such driver .to be in excess of that allowed under this part, of this By-law, and in any proceedings instituted against such driver in respect of such load the onus of proving that such is not in excess of that allowed shall lie on him.
95. The holder of any license issued under this part of this By-law shall seven (7) days before commencing to perform any specific contract which will entail heavy traffic on and the carrying over any’ specific road or roads or any portion or portions thereof Ot more than 100 tons of material of any kind or description whatever notify’ the County’ Clerk in writing of such contract and. supply nijn with such particulars of such contract as may’ enable him to obtain from the County Engineer an estimate of the probable damage tha*. may accrue to such road or roads or any portion or portions thereof bv reason of such heavy traffic. 96. The Council may on conviction of the holder of a license issued under this part of this By-law for a breach by’ such holdei of anv provision of such part in connection with the vehicle for which the license was issued call upon such holder to show cause why such,license should not be cancelled or be suspended, and after hearing the holder or if the holder shall not attend at such time and place as may’ be appointed by the Council in that behalf, the Council may cancel or suspend for such pe”iod as the Council may determine the license, and upon such cancellation or (as the case may be) during such suspension the vehicle to which the same relates shall cease to be licensed under this part of this By-law, but such cancellation or suspension shall be without prejudice to any security that shall have been given to the Council in respect of special damage to the roads. TRACTION ENGINES. 97. No person shall drive or nropel any traction engine over any bridge or culvert at a greater speed than two miles an hour or over any road leading through any town, township, or village at a greater speed than three miles an hour or over any road at a greater speed than six miles an hour. r . * 98 No person shall sound the whistle of a traction engine for anv purpose whatever or open the cylinder tap or blow off steam or allow steam to attain z such a. pressure as to exceed the limit fixed Ijy ijie safety valve upon any road within healing and sight of any person riding, driving, leading, or in charge of a hpise, hoises,. 01 cattle upon such jeoad. l 99 No person shall drive or propel a traction engine or carriage or waggon attached thereto on to or pas.- along any bridge or culvert on any road at any time while any person with a horse, horses, or cattle or with a vehicle of any description drawn by a horse, horses, or oxeii/i« on or about to come up and for the latter purpose is within fifty yards of such bridge or culvert, nor shall any person m charge of any traction engine with or without any carriage or waggon attached thereto stop or allow to become stationary the same engine or anv such carriage or waggon on any bridge or culvert for the purpose of drawing water from any water race, stream, river, or diten passing under or through such bridge or culvert or for any other purpose whatsoever. ' 100 No person shall leave any ashes or other refuse from the furnace of any traction engine on the formed part of any road or on anv water table thereof or discharge ashes or refuse as aforesaid on'any bridge or culvert on any such road or within one chain on either side of any such bridge or culvert. 101 No person shall drive or propel any traction engine upon or over any road unless the same shall have attached thereto a properly constructed and-effective spark catcher. 102 No person shall drive or piopel any traction engine having attached thereto a waggon or waggons, carriage or carriages drawn bv such traction engine upon any road unless such waggon or waggons, carriage or carriages shall have tyres of not less than six inches in width on their wheels and unless each such waggon or carriage shall carry no greater load than that provided for in piopoi“o" to OI lyres in the Sedillo to Part y ot this By-law hut not exceeding in any event the weights prescribed by Section 87 hereof' provided always that this Clause shall not apply :o any hut or similar s'trficture on wheels drawn by any traction engine and intended for the accommodation of men travelling with the traction engine " • 103 No person shall drive or propel any traction engine ovc' and along any road unless the full name and address of the owner of the engine shall be painted in plain and legible letters of not less than three inches in height and of proportionate breadth upon sonic conspicuous part of the offside of such traction engine together with the exact and true weight of such engine. . 104. No person shall drive or propel any traction engine having a. waggon or carriage attached to or drawn by such traction engine over and along any road unless the exact and true weight of each and every waggon or carriage shall be painted thereon in legible and plain letters- upon a -conspicuous part thereof. 105 No person shall'drive or propel over and along any bridge, culvert,’ metalled, tar-sealed, or concrete road any traction engine having studs or rings or other elevations upon the face of the tyres or the wheels thereof of such a character that they shall have tile effect of sinking into, gripping,, or breaking the surface of ,any such bridge, culvert, metalled, tar-sealed, or concrete road. 106 No person shall drive or propel or leave any traction engine during any period between sunset and sunrise upon or-along anv road unless the same shall be provided with two efficient lights affixed conspicuously one on each side of the front of the engine ana so placed as to give a proper- and sufficient light in front of such traction engine and one efficient tail light in the rear of the same, or when waggon 3 or carriages are being drawn by such engine then in the rear of the last waggon or carriage drawn by such engine-and so placed as to show a red light rearward and all of which said lights shall be kept lighted and burning during the whole time suea traction engine is upon any road and whether the said engine «s travelling or is stationary during such period.
THE FIRST SCHEDULE HERETO. LICENSE OF HEAVY TRAFFIC VEHICLE. County of Hauraki Plains. Application No License No THIS IS TO CERTIFY’ that t.he No. referred to in the application of -— of dated the day af .1» > and of which the said r is the owner is hereby licensed to engage in heavytraffic and to be used and propelled on the loads of the County of Hauraki Plains. < ■ The weight of the said vehicle is z ' The tyres of the wheels of the vehicle are The Maker’s name of .the said traction engine is .. and itsAiumber is and its horse-power is and its weight loaded is I •'Hid unloaded is The license shall remain in force from the date hereof until the day’ of »19 ■ . This license shall not give the holder thereof any right to conduct heavy traffic on any road within the County for the time being declared closed against heavy traffic by the County Council under any By -law or resolution passed in pursuance thereof. This lice'nse is granted subject to the provisions of the Hauraki Plains County By-law, 1922. Dated at this flay of - 192 . J County Clerk THE SECOND SCHEDULE HERETO. For Computation of Weights of Loads. If a vehicle shall carry Then the weight-of such load .shall be deemed to be New Zealand timber 400 super feet .12 x 1 1 ton Australian timber, 300 1 super feet 1 ton 80 cubic feet of firewood 1 ton 20 cubic feet stone, sand, clay, gravel, or shingle > • 1 tou 3-50 bricks ' 1 j Oll 11 sacks wheat . 1 tOll 14 sacks oats 1 ton 11 sacks barley | ton 12 sacks potatoes 1 ton 11 sacks maize 1 ton 30 sacks of oaten sheaf chaff or 40 safcks of straw chaff 1 ton 40 cubic feet of coal or 12 sacks coal 1 ton 224 gallons of milk. . ’ 1 Jj on 5 bales wool , ' . 1 ton 13 crates cheese 1 ton 37 boxes of butter 1 ton 18 bags of cement 1 ton Flax, dressed, 5 bales of 1 ton
PART V. In Respect of Width of Tyres on Wheels. 107. In this part of this By-law if not inconsistent with the context:— . , “ROAD” means and includes any yoad, bridge, ferry, or ford under the care, control, and management of the Council. “COUNCIL” or “COUNTY COUNCIL” has the meaning given to these words in Part I. of this By-law. ■ 108 The minimum width of the tyres of all wheels of any cart, dray, waggon, coach, .or other vehicle (whether plying for hire or not) brought or used on any road shall be regulated in proportion to the number of wheels and the weight of such cart, dray, waggon, coach, or other vehicle with the load thereon according to the scale set forth in the first schedule to this part of this By-law. 109. For the purpose of computing the weight of the load on any cart, dray, waggon, coach, or other vehicle mentioned in the preceding paragraph in so far as the contents thereof consist oi the materials and things mentioned in the second Schedule to this part of this Bv-law the measurements and quantities of such materials and tilings respectively enumerated in the said Second Schedule to this part of this By-law the measurement and quantities of such materials and things shall be deemed to be of the respective weights specified to such respective measurements and quantities in the said Second Schedule. . ' , . , I'lo. Where in the Second Schedule the weight of any matenals is to be ascertained from the number of sacks, bales, crates, boxes, or bags in which they are contained these sacks and other receptacles shall be taken to be of the holding capacity and weight generally used in the Countv for conveying such materials respectively, and the weight set opposite such materials respectively in such schedule shall, be taken to include the weight, of the receptacles, and the weidit set opposite mill; shall include the cans or other receptacles thqZeof of a capacity and weight generally used in the County 111 Where in any prosecution under this P a rt of this Bj law the weight, of the load or of any part thereof has been proved by the number of the receptacles in which any material was carried it shall lie upon the defendant to prove that such receptacles were of a less capacity or weight than those generally used in the County for conveying materials of the kind in question. , jt 9 yn person shall use or cause or permit to be used 01. diivupon any road anv cart, dray, waggon, coach, or other vehicle having tvr s on all or anv of its wheels of less width than the minimum Siffih prescribed in the firrt schedule to this part of this By-law for the weight of such cart, dray, waggon, coach, or other vehicle and itS H3 1 ’ No person shall use or cause or permit to be used or drive on any road anv vehicle which itself or together with its load exceeds one-and a ha'f tons avoirdupois to each pair of wheels bnvinir oval tvres or any of the wheels thereof. Anv person authorised in this behalf under the seal o the Council on exhibiting such written authority may require the diivei of nv 1 vehicle on any road which in the opinion of such authorised ners n infringes anv provision of this part of this By-Jaw to stop the ’ n and any such driver if so required shall stop the same forthwith ’until the width of the tyres; of the wheels of such vehicle, and i, o vXlt o” m'-amirement of the load thereon can be ascertained, nd «hall truly answer all such questions as such authorised person . ,id shall nuiy <l. ]oafl cOntents of such vehicle, and inTeTaMt of such driver so’doing he shall be guilty of an offence hereunder.
I. 115. Any person authorised in this behalf in writing under the seal of the Council on exhibiting such written authority may for h purpose of ascertaining the weight of the load on any such ( v® l ”®*® as aforesaid require the driver of such vehicle to do all such acts as may be reasonably necessary to ascertain the weight or measurement of the load on such vehicle, and in default of such driver so doing he shall be guilty of an offence hereunder. 116 If the driver of any such vehicle on any road shall retusor neglect to comply with any requirements under the last, two preceding clauses and in consequence thereof the width of the tyres or the weight or measurement, of the load of the vehicle cannot be ascertained, then until the contrary is shewn and miv penalty to which such driver may be liable foi such lefusai oi neglect the weight of the vehicle with the load of such vehicle shal he deemed as against him to be in excess of that allowed under this Saitof t>™ »' vel,lcle >!“ n '» '‘“'“■L? against him to be of less than the minimum width hereby piescubed, and n any proceedings instituted against such driver in respet of Sell weight of load or width of tyres the onus of proving that such weigh? is not in excess of that allowed or that such tyres are not 01 less than such minimum width shall he on him 117. This’part ofl this,, By-law shall not apply to vehicles duven 01 propelled by mechanical power. THE FIRST SCHEDULE REFERRED TO.
THE SECOND SCHEDULE REFERRED TO ... .i,nii ' Then the weight of such If a vehicle shall cany. ]pad shall be deemed to be N.Z. timber, 400 super feet | Australian timber ,300 super feet ton 80 cubic feet firewood 20 cubic feet stone, sand, clay, giavel shingle t ton 350 bricks t ton 11 sacks wheat j |- on 14 sacks oats j ton 11 sacks barley j ton 11 sacks maize ton 12 sacks potatoes 1 ton 30> sacks oaten sheaf chatt t t on 40 sacks straw chaff ■< ton 40 cubic feet, of coal j ton 12 sacks of coal . ton 224 gallons of milk t ton 5 bales of. wool t ton 13 crates of cheese ton 37 boxes of butter j ton ’ 18 bags of cement ton Flax, dressed, 5 bales of PART VI. IN RESPECT OF BV.LD.Nas,—USANCES. KBDP.NO 118. In this part of this By-law if not inconsistent with the means approved by the Council or the Officer appointed for the purpose of. such approval , “Cattle” includes bull, cow, ox steer, heifer or calf, sheep, lam, “Drffiffi’ means^veS*"draffi oi- sewer neither vested in the D County nor under the control of nor maintained by the “DwTliffiT House” means a building used or constructed or adapted to be used wholly or principally for human habita--External Wall” means an outer main wall (not being a party wain of a building, even though adjoining the wall A Another building or even though constituting a wall o some leanto or other building adjoining thereto the outei wall of every such leanto or other building sha l also b deemed an external wall for the purposes of this part of -Horse” MiaH mean and include any horse, mare, gelding, foal, “House” tocludes ’hotel, boardinghouse, office, school, public hall, and any buildings occupied or intended to be occupied bj ‘•Livingroom’’ 1 Includes every room of a dwelling house except such as are used exclusively for the purpose of a laundiy, wash-house, scullery,. bathroom, privy, or for the storage of goods other than such as are or are intended tor human “OeSei- P ffi n respect of anv premises means the Person bv whom or on whose behalf such premises are actually occupied ; and in the case of a factory includes any agent, manager, foreman, or other person acting or. apparently acting in the general management or control of such factory, and in t!he case of any premises not in the actual occupation of anv person means the; owner. . “Offensive Matter” .includes offal, putrid or decayed animal . 1 vegetable matter, the refuse of fruit and vegetablescannon, dead animals, or any other matter giving off an offensive odour or that is in any way injurious to health. . .... -Owner” of any land, messuage, tenement, house, or means the person for the time being entitled to receive the r?,ck rent thereof or who would be so entitled if the same were let to a tenant at a rack rent. “Privv” means earth closet, water closet, pampnvy, and ever, place for the reception of human faecal matter. “Pan Privy” means a privy in which provision is made for the reception of’ human faecal matter in a moveable metal “Person” and words applying to ally person or individual shall include a body of persons, whether corporate or incorporate. “Sanitary Appliance” includes privy, urinal, sink bath, lavatory, ashpit, sewage tank, and any fitting connected therewith and any receptacle appliance or thing for the reception or removal of human or animal excreta, sewage, urine, or dirty water or other liquid waste. . “Sewer” shall mean every sewer or dram vested in the County or under the control of or maintained by the County. “Site” means the ground on which any building is erected, together with .the whole curtilage enclosed within the boundary, fences, walls, or lines thereof. “Stable” includes any stall, loose-box, byre, pen, shed, or any building used or intended to be used for stabling or confining any horses or cattle. “Council” or “County Council” has the meaning given to these words in Part I. of this By-law. 119 Any person who shall do or cause to be done anything whatsoever contrary to this part of this By-law or omit to do anything which’according to the true intent and meaning of this part of this By-law ought to be done by him at the time and in the manner of this part of this. By-law provided or shall refuse or neglect -0 comply with any notice duly given to him under any provisions of this part of this By-law or shall obstruct, any officer of the Council in'the performance of any duty to be discharged by him under or in the exercise of any power conferred on him by this part.of this By-law or who shall otherwise be guilty of any breach of this part of this’ .By-law, shall be liable to a penalty not, exceeding S 5, or where the wrongful act, omission, or breach is a continuing one to a penalty not exceeding £5 for every day or part of a day during which such wrongful act, omission, or breach of this part of this By-law continues. y
BUILDING BY-LAWS. 120. Prior to the' Erection of any new building within the County or to the construction of any addition or to the alteration or repairs on to the renewing of any building or part of a building already or hereafter to be erected within the County an application in writing for permission to carry out the work shalL.be lodged with the Clerk at the Offices of the Council .accompanied by such drawings and full particulars of same in so far as this part of G' l3 By-law or any other By-law of the County i s effected as will enable the Council to readily decide whether the proposed work is in full accordance with this part of this By-law, such application to state the full name and address of the applicant,, the local.ty of the proposed work, and the person for whom the work is to be done, together with the estimated cost of such work, if any a rawing or particulars of the work so deposited shall not in .the opinion of .he Council accurately and sufficiently describe the work as regards a.ny matter affected by this part of this By-law the Clerk may require and the applicant shall furnish full and accurate drawings or particulars of such work. 121. Should such original or further plans and particulars appear to be in accordance with this part, of this By-law then within seven working days after lodgment of the drawings and particulais to be lodged as aforesaid the Clerk shall issue a permit to allow the work to proceed or shall state to the applicant in writing in what manner such drawings and particulars require amending so as to comply with this part of this By-law. In no case shall the work be commenced until the Clerk shall have given a permit as aforesaid. The ‘application, together with the plans and- particulars upon which a permit has been given:, shall become a permanent deposit in t,he Office of the Council.
122. After the Clerk shall have given such permit no deviation affecting any matter coining within the scope of this part of Ails By-law shall be made from any drawings and particulars that snail have been deposited as aforesaid unless a notice in writing clearly specifying the intended deviations shall first have beep deposited with the Clerk at the Office of the Council and the Cleqk shall have notified in writing under his hand that such deviation is in accordance witli this part of this By-law. Any person to whom such permit may have been given shall commence such work m a substantial manner within three months of the granting or such permit, ann falling compliance herewith such permit shall become void. j 93 the expiry of six months from the date of such peim.t satisfactory progress with the construction of any building shall not in the opinion of the Council have been made, then the Council may order the cancellation of. the permit and thereupon it shall be necessary for fresh application in accordance with Clause hereof to be made. , I’4 Every person who shall hereafter erect a dwelling house within the County shall erect such dwelling house upon a site to be occupied as a. separate holding, which site shall have an area of at least one quarter of an acre and shall have a frontage of at least fifty (50) feet to some public road or to some private street, laid out by permission of the Council ; Provided that where such parcel of land has a front of under fifty (50) feet but not less than ten (10) feet to a public read or private street and the total area shall not oe less than' half an acre the Clerk may on application by the owner grant permission for the erection of the dwelling house The drawings and particulars required under Section 120 hereof shall accurately define the boundaries of the said parcel of land.
125. The site of any dwelling house, whether such dwelling house be erected before the coming into force of this By-law or thereafter, shall not fie reduced in area if such site be or n it become b.y.such reduction less than one quarter of an acre in area. 126 Every person who shall hereafter erect a dwelling house within the County shall provide that that portion of the site which lies wholly to the rear of a straight line drawn flush with the froiu of the building and continued in each direction to the boundary cf the site shall not be encumbered by any building or any part of a building for a distance of at least fifteen (15) feet from every part of the dwelling bouse ; and in every case upon such portion of tho site he shall reserve an open space which shall have an aggregate area greater by one half than the aggregate area covered by the dwelling house. 127. No person who makes any alteration in or addition to or who builds any erection in connection with any dwelling house heretobefore erected within the County shall diminish thereby the aggregate area of the open space provided in connection with sueh dw’elling house if the open space shall be of the same extent as or of less extent than is required by this part of this By-law in the case of the erection of a new dwelling house, or if such open space shall be of greater extent than is required ip the case of the erection of a new dwelling house shall by any such alteration, addition, or erection diminish such open space to such extent as to leave and provide hi connection with such house less open space than is required by Section 124 hereof. 128. It shall be deemed an offence under this By-law if the owner of any dwelling house coming within the provisions of this By-law which shall not have in connection with it the open space required by Section 124 hereof occupies or permits such dwelling house to be occupied. 129 No person shall erect, add to, or alter any dwelling house in such manner that the outer side of any external wall thereof shall be situate within five (5) feet of any boundary of the site except the boundary forming the main frontage to the road upon which such building shall be erected, added to or altered. 130. No person shall commence the erection of any building upon any site not having natural or artificial subsoil drainage sufficient to prevent, such site being damp or upon any site having matter thereon which may prove injurious to the health of the occupants of such buildings until such matter has been removed to the approval of the Officer appointed by the Council for the purpose of such approval. The ground underlying every building shall be so formed and graded that no water can flow or lodge thereon or under anv part of such building, and the Council may if thev consider it necessary require the portion of the site covered or to be covered by any building to be properly asphalted or covered with a layer of good cement at least two (2) inches thick. 131. Every person who shall erect any building within the County shall construct every room which shall be situated in the lower storey of such building and which is provided with a boarded floor so that there shall be between the underside of every joist, plate, stringer, and bearer on which such floor may be laid or supported and the upper surface of the ground a space of six (6) inches at least in every part, and he shall cause the aiea below such floor to be thoroughly ventilated by some effectual method. , 132. Every person who shall erect any building within the Countv shall construct every external wall thereof which may be composed wholly or partially of wood sc that there shall be an air space of at least eighteen (18) ijnehes between the outer surface of the wall and any portion of the site which may rise above the level of the bottom plates of such building. 133. Every person who shall erect a dwelling house shall construct every room intended to be used as a living room nc that the same shall not be of less than Bft .6in in height from the floor to the ceiling in every part, provided that every room intended to be used as aforesaid in the attic or roof shall be not less than 9 feet in height from the floor to the ceiling over one half the superficial area of such room and no wall thereof shall have a less height than five feet before any slope oi the ceiling commences, 134. Every person who shall erect a dwelling house shall provide that for every living room therein there shall be a window space clear of frames equal in area to at least one-eighth of the area of the floor of such room of which such window space at least one half shrill be made to open. 135. Every building to be hereafter erected Within the County and all additions or alterations to buildings already or hereafter to be erected shall be constructed or made only in the manner and of such materials specified in the following schedule — SCHEDULE. (a) Foundation shall consist of heart of t.otara blocks or other approved material. If blocks are used they shall have not less than 36 inches sectional area and be bedded at least IS inches in solid ground and under al] wall and sleeper plates shall be placed so that the centre of each block is not more than 4ft 6in from the centre of each next, adjacent block. Piles shall in no case be carried to a greater height than 4 feet 6 inches above the ground level, and where owing to the configuration of the ground the lowest or ground floor joists require to be set, at a greater height than the above then a dwarf wall for their support must be constructed with studs and plates as hereinafter directed for outer Walls. Bottom and sleeper plates shall be laid on an approved brick. stßne. concrete, or pile foundation. Plates shall in all cases be the full;width of studs by a minimum depth of three inches foiy bottom and intermediate plates and two inches- for top plates. Sleeper plates and bearer plates shall in no case have less than 12 inches sectional area. (b) Every external and party wall shall have solid studs of not less than the following area in cross section and placed as , hereinafter mentioned :— For buildings not exceeding _ fourteen feet from bottom plate to top plate 4 inches by 2 inches and spaced not more than 18 inqhes between the centres. For buildings exceeding 14 feet and not exceeding 25 feet from bottom plate to top plate ; If in two stories lower e storey 6 inches by 2 inches or 4 inches by 3 inches, upper storey 4 inches by 2 inches. If in one storey 5 inches by 2 inches throughout and in every case the studs shall be placed at not exceeding 18 inches centres. ' For buildings , exceeding 25 feet in height .and in buildings for any special purposes the studs shall be of such sectional area and be so placed as the local authority may direct. For cross walls; and partitions studs shall be not less than 4 inches by 2 inches or equivalent area to 18-inch centres-Wash-houses and outhouses may be constructed with 3in by 2in framing. All buildings shall have every external wall of every storey securely braced either by braces of not less than 3 inches by 2 inches cut. between studs or by battens not less than 6 inches by 1 inch checked flush with the external surface of studs, and into all plates. (c) The ground floor of dwellings shall have bearer plates of not less than 12in sectional area, and no floor joists shall be spaced at a greater distance than,lBin centres and no floor joists shall be less than the following dimensions.! For spans up to 6 feet, five inches by two inches ; over 6 feet and up to 9 feet, six inches by two inches ; pveg 9 feet and up to 14 feet, nine inches by two inches ; over 1-4 feet and up to 18 J feet, twelve inches by two inches ;'over 18 feet and up to 20 feet, twelve inches by inches ; over 20 feet span such seption areas as, .approved. All floor joists shall have at least four-ine'linrcai'ing on the solid wall. AH upper floor joists having bv.e^-fourteen feet spans shall be strengthened by herrijng Fonlfig.' Ceiling joists and rafters shall in up case be less thipji. 4 inches by 2 inches sectional area spaced so as not to centres. (d) Roofs shall be constructed to support with safety 501 b per superficial foot, inclusive of their own weight. (e) The following provisions shall apply to the quality, making, and use (as the case may be) of the several materials hereinafter set out in this sub-clause when such materials are used in or for any work affected by this part of this By-law, that is to say :— Sand shall be sharp, coarse, and free from all impurities and dirt. Gravel for concrete shall be clean and free from soil, clay, dust, and other impurities. None shall be used larger than will pass in any direction through a ring 2% inches in diameter for foundations, or inches in diameter for work above ground. ' . Cement of approved brands only shall be used, and none that shews any sign of injury from damp or other cause shall be allowed to be used in the work. Lime should be good stone lime of approved quality. Mortar: Lime mortar shall consist of not more than two parts of sand to one of lime. Cement mortar shall consist of not more than three parts of sand to one pp-rt of cement. Concrete; Lime concrete shall be composed of not more than four parts of approved aggregate to one part of lime. Cement concrete shall be composed of not more than seven parts of approved aggregate to one part of cement for foundations and not more than five parts of approved aggregate to one part of cement for cornices and other projections. BRICKS : All bricks shall be hard, well burnt, kiln bricks or patent pressed bricks, free from defects and suitable in all respects for t‘he work fpr which they are intended to be used. TIMBER: All timber shall be good quality and suitable in all respects for the pui poses for which it is intended to be used. No board or scantling shall contain more than one-third of sap and no timber of the kind known as white pine shall be used iii the construction of any dwelling house. (f) The Inspector (or other Officer appointed by the Council for the purpose) shall have power to inspect all material intended to be used in the construction of a building and to condemn any material which in his opinion may be unsound or unsuitable for any cause whatsoever. Any person using in a building any material which has been condemned is guilty of an offence hereunder. DRAINAGE. 136 11 shall be the duty of every person on whose behalf any water closet, urinal, bath, sink, lavatory, drain, or othei; sanitary, appliance shall be established, erected, set up, or altered to cause all the provisions of this part of this By-law in any way affecting the same to be complied with, and in default thereof such person shall be deemed guilty of an offence. (a) It shall not be lawful for any person hereafter in tiny manner to erect, make, or establish a water closet, a drain or drain connection, or to construct or alter any sanitary appliance or work without having first obtained a- permit from the Council, application for such permit to be accompanied by a plan of the proposed work if so directed by the Clerk of the Council, who may require the conditions regarding permits as in Sections 120, 121, 122, and 123 hereof to be observed in regard hereto. (b) Every person to whom a permit has been granted shall give twenty-four hours’ notice in writing to the Inspector or Officer of the Council appointed for the purpose that the 1 underground work in connection with the laying, alteration, opening up, cleansing, or removal of drains will be open and ready for inspection ; and no such work shall be covered up until it shall have been inspected, tested, and approved oy such Inspector or other Officer as aforesaid.
(c) No person shall allow any sewage or household waste > ir } impure waters or any' noxious matters to flow from any building or land in liis occupation on to a road or into any ditch or drain declared to be a public drain or upon any adjacent land without the permission, in writing from tne Council. . (d) Al] underground drains used or intended to be used to carry away sewage or household waste waters from any house or dwelling and all sanitary connections therewith shall in every case be constructed, adapted,, and maintained in such manner as to sufficiently and efficiently carry away such sewage or household waste waters, and the joints of earthenware drains: shall be made of cement and in every case joints shall be made water-tight. (e) No drajn or portion of a drain may be laid so as to pass under any building and no inlet to a drain except such inlet as may be necessary for any water closet shall be placed or remain within or under a building For every house where drainage is provided a gully trap connected to the drain must be placed where most convenient for the receipt of waste waters. (f) For household slops and discharges frorft the waste pipes of batiis,. sinks, and lavatories, self-cleansing gully-traps shall be used, such traps to be not less than six inches in diameter and four inches at the outlet, and fitted wijth dished tops and with gratings. The dish must be joined to the trap by a socket and spigot joint properly finished with cement or may be one piece with the trap,, and the depth of the dish to the top of the grating must not be less than three inches. Grating to gully«traps must be movable and be provided with openings and suitable outlet capacity. Gully-traps must have a water seal of not less than two inches in depth. (g) All sinks, lavatory, bath, washtub, rain • water, or other waste pipes shall discharge into the open air either directly over a trapped gully at a height of not less than three inches or more than six inches above the water seal thereof,, or over and at a height of not less than three inches (no more than six inches above the water seal thereof) or over and at a height of three inches above- a properly graded water-tight x concrete or earthenware channel led to a gully trap. The waste pipes from the kitchen and scullery of hotels, boardinghouses, clubs, and restaurants shall discharge over a . grease trap of approved pattern and material. (h) Every sink, lavatory, basin, closet, urinal, or bath shall be placed so that the outlet hereof is as near as possible to theexternal wall of the room containing such sanitary fitting, and the gully traps over which the waste pipes from such fittings discharge shall be so placed as to enable such waste pipes to be of the shortest possible length. (i) The waste-pipes of baths, lavatories, and sinks shall be trapped directly under their intakes with approved syphon traps; having a seal of not less than two inches and provided with an access cap. . ; (j) Every kitchen sink shall be constructed of impervious material (N,B. The following will be considered impervious materials : Lead,, galvanised iron, copper, enamelled iron or steel, glazed fireclay or earthenware). '• (k) No waste matters from any water closet may be discharged into any drain or sewer- not being a brick, concrete, ferroconcrete, iron, or earthenware pipe, drain, or sewer. No person shall erect any water closet unless all the drains or sewers through which the waste matters from such water closet would pass are closed drains and sewers connected with or to an approved outfall or cesspit of sewage tank so constructed and maintained as when in use shall not be a nuisance or injurious to health: Provided that for the distance which such drain or sewer may traverse any foreshore bdlow high water mark a wooden chute properly constructed and maintained may be permitted upon the written approval of the Council. . (1) Where a drain is used to make a connection to a sewer or sewage tank or where a water closet is connected with a drain such drain shall be provided at such point as may be directed by the Council (or Officer, appointed for the purpose) with a-ventilation shaft of at least three inches in diameter and constructed of such material and carried to such height above all eaves and windows as may be approved of by the Council. 1 Provided that for at least 12 inches above the surface of the ground such shaft shall be constructed of earthenware or cast or screwed wrought iron piping. (m) When'for any reason any sanitary convenience or any \ portion of a drain or any fittings in connection therewith are no longer required for t-se such sanitary convenience er portion of a drain or fittings shall be disconnected and removed and any openings or connections with an existing drain or sewer shall be efficiently closed. 137. After the coming into force of this By-law. it shall be deemed an offence if the owner of any premises shall construct or suffer to be constructed or suffer to remain thereon or shall use or suffer to be used any cess-pool or cess pit or hollow in the ground for the reception of human faecal matter or sewage except in the case of a sewage tank,, sump, or cesspit as may be properly constructed according to plans approved by the Council. Any such cesspool or cesspit not constructed to the satisfaction--df the Council or any hollow in the ground into which- human, faecal matter has been placed shall after the coming into force of this By-law be filled up with clean earth as the Inspector or other Officer of the Council appointed for the purpose may direct. NUISANCES.
138. No person shall spill, cast, or bury, or allow to be spilt, cast, or buried,, any human faecal matter, offensive matter, or dead animal in or upon any road, street, watercourse, or public place within the County. 139. No person shall bury or cause or suffer or aliow to be buried human faecal matter within the curtilage of any building which shall be less than one (1) acre in extent and in any case not g within >5O feet of any road or any house or public building in which | any person may be or may be intended to be employed in any manufacture trade or business. 140. The owner or occupier of any premises of less than one (1) acre shall at least once in every week remove or cause to be removed the human faecal matter produced on such premises, ana no owner or occupier shall permit or suffer any human faecal matter or offensive matter of anv kind whatever tp accumulate or « remain thereon so as to be a nuisance or injurious to the health or J so as to cause an offensive smell. 141. The Council may itself undertake or make such provision as it thinks fit by contract or otherwise with any person or persons, (hereinafter called “The Contractor’’) to periodically remove from , every building, dwelling house, or other tenement or premises at the 7 expense of the owners or occupiers thereof the contents of any privy, ashpit, or cesspool and any human faecal matter, dung, ashes, slops, filth, refuse, or rubbish of any kind : Provided that the acceptance cf such provision shall not be obligatory where the premises exceed one (1) acre in extent. 142. The Inspector of Nuisances if he finds that the contents cf any earth closet, privy, ashpit, or cesspit upon any land or premises has not been properly cleansed, and the contents thereof removed or that any owner or occupier has allowed any faecal matter, dung, ashes, slops, or refuse of any kind .to accumulate in, upon, or about such premises may cause such privy, ashpit, or cesspit to De emptied and cleansed at the expense of the owner or occupier of any such land or premises. 143. Any person who shall convey any human faecal matter or offensive matter through or along any street or roadway shall use a cart, carriage, or other means of conveyance properly constructed so i as to prevent the escape of the contents thereof, and furnished with & a covering sufficient to prevent the escape of any noxious effluvia therefrom. A I 144. No person shall bury any horse, cattle, sheep, pig, dog, or other animal within two (2) chains of any public or private road or street or public place or of any dwelling, and any person burying any such animal shall do so at such a depth and in such a manner as to prevent any nuisance or any danger to health therefrom. 145. No/person shall throw, leave, or deposit upon any road, street, or vacant allotment or other public place within the County any bottles, tins, earthenware, china, garden or .Arade refuse, or household rubbish of any description save with the approval in writing of the Council. ' 146. No owner or occupier of any land or premises shall cause or permit to flow from such land or premises any human faecal matter, household'waste waters, or other offensive matter or liquid beneath any house or building into or upon any road or public street or private street or into or upon any .footway or channel or. upon any adjacent land or into any drain, ditch, or watercourse intended only for storm water save with the approval in writing of the Council. 147. It shall be the duty of every owner or occupier of every building to keep his premises as fai as possible free from rats and other vermin, and he shall comply with any requisition by the Council to remove any accumulation of. refuse or material which affords or is likely tp afford a harbourage for rats within the timespecified in such requisition. KEEPING OF ANIMALS. 148. No person shall erect or permit to be erected any stable nearer than fifteen feet to any dwelling or nearer than three feet to any boundary Of a neighbouring property. For the purpose o f , this part of this By-law the term_“erect” shall include the conversion into use as a stable of any building already existing. The condition regarding permits as in Section 129, 121, 122, and 123 hereof shall be observed in regard to the erection of any stable. . 148 A. No person shall erect or permit to be erected any cowshed, fiyre, bail, yard, or other structure wherein cow's are milked or housed or are capable of being milked or housed nearer than three chains to any road, dwelling, or boundary of a neighbouring property. For the purpose hereof the term “erect” shall include the conversion into use as a cowshed, byre, bail, yard, or other structure as aforesaid of any structure already existing or the re-erection of any such cowshed, byre, bail, yard, or other structure as aforesaid. 149. Every occupier of a building or premises, wherein or * whereon any horse or other beast of draught or burden or any cattle «1 may be kept shall provide in connection with such building or premises a suitable receptacle fox- dung, manure, soil, filth, or other offensive or noxious matter which may from time to time be produced in the keeping of any such animal in such building or_upbn such premises. Such receptacle shall not be placed within fifteen feet of any dwelling or place in which any person is employed in any manufacture trade or business or in which any food intended for human consumption is prepared or stored. The owner or" occupier shall once at least in every week remove or cause to be removed 'rem the receptacle provided in accordance with the requirements of this part of this By-law all dung, manure, soil, filth, or other offensive or noxious matter produced in or upon such building or premises or deposited in such receptacle. 150. The occupier of any premises shall not keep any cattle or deposit the dung of any cattle in such a situation or in such a manner as to pollute any water supplied for use or likely to be used by man for drinking or domestic purposes or for manufacturing drinks for the use of man or any water for use or likely to be used in a dairy. 151. No person shall keep or allow or suffer or permit to be kept any swme or pigs on any holding of less than two (2) acres in area nor in any case to keep them so as to be a nuisance cr injurious to health nor in. such a manner as to pollute any water used or hkelj- to be used by man for drinking or domestic purposes~or for use in a dairy, nor shall any person after the coming into force of tiii;. By-law permit to remain any pig-sty at a less distance than 4 chains from any house or building used as a dwelling, school or. JP in which any person is employed er any building within which food' ‘ ; intended for human consumption is prepared or stored or at a less • distance than 4 chains from any road or 2 chains from the boundary of any neighbouring property or dairy. The floor of any pig-sty shall be of concrete, asphalt, or other impen ious material approved by ’’i
thf* Sanitary Inspector appointed by the Council,, and shall be so constructed l>:at there shall be no soakage or soil by pig’s food, urine, or dtas-iage from the sty. 152: No person shall keep ajiy poultry except in a properly constructed poultry house or in a. suitable enclosed run so constructed as to confine the poultry within the premises of the owner thereof, and no, part of any poultry house or run shall be less than 15 feet from any house or building used as. a dwelling, school, or in which any person is employed pi" any building within which food intended for human consumption is prepared or stored or less than five feet from any road or boundary of any neighbouring property,- and every occupier of premises whereon there is such poultry house sha.l cause it to be kept thoroughly clean and to be lime washed at least twice a year. Should any poultry house or run existing at the date of the coming into force of this By-law but not constructed in accordance with the foregoing provisions cause a nuisance or be injurious to public health owing to its mode of construction or to the absence of any structural convenience therein or thereto or by reason of the undue proximity of such poultry house or run to the adjoining premises or by reason of any matter or thing whatsoever, then in every case it shall be the duty of the owner or the occupier of suc.i poultry house or run upOn notice being served upon them or either of them by the Inspector or Officer appointed by the Council for such purpose so to do and within a time by such notice limited to execute and do such work and things as may be necessary to abate such nuisance and in the manner specified in such notice. THE STRUCTURE AND CLEANSING OF PRIVIES. 151 The owner of every house, shop, factory, or other premises wherein ,any person is employed within the County shall pi^ v ‘ de same with a sufficient number of privies constructed in such manne as the Council shall herein direct. ' 154. All privies for the reception of human faecal matter no being water closets specially sanctioned by the Council shall be pan privies with moveable receptacles for human faecal matter in accoifiance with the provisions of this, part of this , By - la ' y > and if at ai y time hereafter there shall be upon any premises any closet, privy, or recepucle for human faecal matter not being a pan .privy in > accordance with the provisions of this part of this By-laiv the owner of such premises, or if such closet, privy,, or receptacle shall have been erected or provided by the occupier then such oC ®upi e r shabe deemed guilty of an offence : Provided always that the Council may on application in writing permit the erectioni of a water closet and appurtenances in lieu of a pan-privy but subject to the approval of the District Health Officer. ' ’ . • 155. Every person who shall erect a pan-privy in' connect ion with a building shall construct such pan-privy at a distance of ten feet at the least from any living room or any is intended to be stored, or from any P l ™ lc m 5 ) or anv room in which any person may or may be intended to be employed in any manufacture, trade, or business, and he shall not erect such privy under any house or part of a house. 156 L No Lerson who shall construct a privy in connection with a building shall construct such privy within the from any well, spring, or stream of water use d or hW to be used bv man for drinking or domestic puiposes or for manufacturing drinks foj the use of man or otherwise in such a position as to render any such water liable to pollution. 1i57, Every person who shall construct a pan-privy in connection with a building shall construct such privy in such a manner.and in such a position as to afford ready means of access to such privy for the purpose of cleansing such privy and of removing filth and in such a manner and in such a position as to admit of all filth being removed from such privy and from the P l *® llllB ® B , lo^® ll privy may belong without being carried through any dwelling house Sr publicbuilding or any building in which any person may-or may be intended to be employed in any manufacture, trade, or business. 158 Every person wjio shall hereafter erect a pan-privy within the County shall erect such privy only in the following manner >- (a) Every pan-privy shall in all respects be well and substantial ly erected. It shall be provided with a sufficient opening for ventilation as near the highest point as practicable and communicating directly with the external air It, shall oe enclosed on all sides and be provided with a door placed m • the position best adapted to conceal its interior. (b) If the floor of any privy be of wood it shall be so constructed ' that the undersurface of the plates or joists supporting sucn floor shall be at least three inches above the level of^ the ground underlying or the floor of such privy shall be flagged or paved with hard tiles, concrete, asphalt, or other nonabsorbent material, and it shall be constructed so that the surface shall be in every part thereof at a height not less than three inches above the level of the surface of the ground adjoining such privy and so that such floor shall . have a fall or inclination towards the door of such privy or half an inch to the foot. The whole area of the floor below the,seafaof a’pan privy shall be constructed of asphaL, concrete,*or such other impervious material as the Council may direct.', . , fc) The seat of every paji privy, the aperture in such seat, and the space beneath such seat shall be of such dimensions as to admit of a moveable receptacle for human faecal matter or a capacity of not less than one (1) cubic foot being placed and fitted bpneath such seat in such a.manner and such a position as to effectually prevent the deposit upon the floor, or sides of the' space beneath such seat or elsewhere than in such receptacle of any filth which may from time to ' time fall or be cast through the aperture in such seat. The seat of every pan-privy shall be so constructed that the whole of such seat or a sufficient part thereof may be readily removed or adjusted in such a manner as to afford .adequate access to the space beneath such seat for the purpose ot cleansing such space or removing therefrom or placing and fitting therein the appropriate receptacle. All pan privies shall be provided with a moveable water-tight metal receptacle of a, size and pattern approved by the local authority. The receptacle shall be maintained in such a manner as .o prevent any absorption by pail of such receptacle of any filth deposited therein or any escape by leakage or otherwise of any part of the contents of such receptacle. 159. The occupier of the premises on which any earth closet is situated shall keep such closet building and appurtenance in a good state of repair and in a thoroughly clean and sanitary condition to the satisfaction of the Council. Where premises are unoccupied the owner shall in all cases be liable and responsible for the repair and cleanliness of the closet building and appurtenances. CLEANSING OF PRIVIES. 160. The owner or occupier of any premises within the County ■ in connection with which a pan privy has been erected shall use or cause to be used a sufficiency of dry earth/ sawdust, or other deodorising substance so that the excrement shall be so covered that no nuisance shall arise therefrom. 161. The owner and occupier of any dwelling house,, shop, factory workshop, school, or public building shall cause tne pans of all pan privies used in connection with such house, shop, workshop, school, or public building to be emptied and properly cleaned at least once in each week and in any case so frequently as to prevent overflow. 162. No person shall empty or cause to be emptied any privy ' oi cesspool or load, carry, or remove or permit or suffer to be removed any human faecal matter or offal save between the hours ot 9 p.m/ and 5 a.m. nor at any time otherwise than in a securely covered receptacle. PART VII. In Respect of Roads, Public Places, and Nuisances. 163'. In this part of this By-law “Vehicle” where not inconsistent with the other provisions of this By-law shall mean and include a vehicle of| any description,, whether drawn or propeUed by animal, mechanical, or other power whatever and whether required to blicensed under any part of this By-law or, not, including a motor cycle, bicycle, tricycle, pr any similar machine. “Council” or County Council” has the meaning. given these words in Part I. of this By-law. 164. No person shall on any road or public place.: 1. Throw or place any glass, filth, dirt, tins, hoops, iron, rubbish, or other matter of a similar nature, or any earth, stone, or other material, or leave or permit or suffer to be placed or left any dust tin, box, or other receptacle for house refuse or other refuse. ' , 2 Place and leave standing or lying any truck, wheelbarrow, or other similar thing or any packing' case, crate, basket, barrel, package, or other encumbrance. • 3. Draw or trail any sledge, trees, timber, hedge cuttings, or any other material. . . „„„ 4>. Allow to fall thereon the drippings of. the eaves of any house, verandah, or erection. ■5. Roll any cask,, beat any carpet, fly any kite, use any bows and arrows cr catapult or shangai or play at football or any game to the annoyance of any person or obstruct any such \ road or public place whether by allowing any cart or animal to remain on or . across the same or by placing any goodsj articles, or material of any description thereon or otherwise. 6. Place or, leave or cause to be placed or left any hedge clippings or trimmings, trees of branches thereof. 7. Drive any vehicle so that the axle or any portion of such . vehicle shall be driven, forced, or pressed against any cutting or siding bn such road pr public place. 8. Drive any vehicle so that any one or. more wheels thereof shall be driven, forced, or pressed against the side or edge • of any metalled, tarred,, or other'prepared surface of any part of such road or public place. • ' 9. Drive any vehicle with any one or more wheels thereof in 1 any water table, water channel, or other portion of any suc i road op public place formed or used for carrying off water.
165. No person shall: x .... 1. Burn any litter, straw, shavings, or other combustible materials upon any road or public place or on any open space near any' building so as to endanger such building. 2. Stack firewood, timber, stone, gravel, sand, or any other material or substance on or on the side of any road or public place without the permission of the Council or some officer thereof. 3. Open any drain or sewer or remove the surface of any footway,, road, or public place, or make any cellar door or other opening from such footway, road, or public place without having first obtained the permission of the Council or some officer thereof. ... c ....„ 4 Omit on neglect to secure or maintain in a safe condition any building or any wall or fence or rails abutting on any road 5. Suspender place- any carcase, meat, or offal so as to over hank any part of any road or nublit: place or encroach thereon. 6 Neglect to clean any private yard; way, passage, or avenue under the jurisdiction or control of the Council by which neglect a nuisance by offensive smell or otherwise is caused. 7 Spill or cast or allow to be spilt or cast into or upon any road or public place any night-soil or other offensive matte.'. 8 Slaughter (except in cases of inevitable necessity) or skin any animal upon any road or public place or pcrpait any slaughtered animal or skin to remain on such road or public 9 Throw or leave any dead animal or part thereof prianimal remains or offensive matter of any kind upon any place or into anv river, creek, stream, or other water or on the bana thereof within the County or under the control of the Council. 10. Suffer any dead .animal or any part thereof . to_ remain upon his land or on premises in his occupation within the County so as to become a nuisance.
11. Allow any dead animal to remain unburied on his land or on premises in his occupation within the County. 12. Wantonly or maliciously disturb any inhabitant by impiope -1 starting or setting in motion any fire alarm or by ringing any door-bell, knocking at any door, or by blowing any tijUinpe. or horn or beating any drum or gong or using any othei noisy instrument in any road or public pliice. 13. Place any placard or other document, writing, or painting or print,, stencil, paint, or write on or otherwise deface any house or building or any footway, kerbstone, steps or any bridge, culvert or any part thereof, signpost, direction pos., wall, fence, lamp-post, verandah post, railway post,, telegraph post, urinal, or gate within the County or under the jurisdiction or control of the County whether by way of advertisement or otherwise without in the case of any such house oi building, wall, fence, or gate the consent of the owner thereof or the occupier of such house or building. 14. Expose to view or distribute in any road or public place, hail any placard, handbill, print, or other document whatever ot an offensive or indecent character. 15. Throw or discharge any rtone or missile to the uamage or danger of any person or property within the County. 16. Blast any rock, stone, earth, or timber in, on, or near any road or any public place without having first obtained pelmission of the Council or some officer thereof) or fail to attend to any directions or comply with any conditions in regard thereto given or imposed by the Council or such officer. 17. Discharge any firearms without reasonable cause or set off any fireworks or explosive material in or on any road M public place or so near thereto as to endanger, annoy, oi frighten passers-by. 18. Place any obstruction in or upon any road or public place.' 19. Place, stop, or leave standing any vehicle, motor cycle* tricycle, velocipede, or other similar vehicle or machine on any road or public place unless the same is placed, stoppec, or left standing a& close to one side or other of such road or public place as possible so as to leave the centre of the roadway as clear as possible for traffic. 20. Wilfully or maliciously damage or destroy or no any act tending to damage or destroy any growing tree, shrub, or other plant of any kind whatsoever growing in any road or public place. 21. Wilfully or maliciously damage or destroy, erase, alter, or in any wise disfigure any mile-post, sign-post, direction post, or similar post or board s’tuatc on or adjacent to any road or public place. ■ 22. Drive any dog or goat harnessed or attached to any vehic.e on any road or public place. 23. Wheel or conduct any truck, barrow,, or hand-cart along any footpath or water table on any road or public place or across the same except by means of a constructed crossing or of planks or other mode of projection. . \ ' 24. Wilfully or negligently encumber or obstruct a read or public place in any manner whatsoever. 166. Subject to the provisions of section 171 hereof no perso i shall have, use, drive, or conduct any vehicle (other than a vehicle drawn or propelled by hand) in or along any road or public place during the period between sunset and sunrise unless such vehicle shall have two proper and sufficient lights, one on each side thereof, kept well lighted for the time that such vehicle shall be on or used, driven, or conducted on such road or public pla.ee during such period. 167. No person shall during the period between sunset and sunrise have, use, drive, or conduct any vehicle drawn or propelled by hand (except vehicle for carrying children) on any place unless such vehicle shall have one proper and sufficient light fixed on the right hand or off side thereof kept well lighted for the whole time during which such vehicle shall be on or used driven, oi conducted on such road or public place during such period. . . 168. Elvery light so required under sections 166 and 167 heieor shall be such and be sb fixed as to show a proper and efficient white light in front of vehicle and a red light at the back so placed as to be distinctly visible to anyone approaching from the rea’. Provided that in the case of a heavily laden vehicle where it would be impracticable to have such lights so placed and visible then sum vehicle shall carry an additional light fixed pr suspended at the reai of such vehicle and showing a red light so as to be distinctly visible 169. No person shall drive any vehicle on any road or public place whether drawn or propelled by animal or mechanical power to which are attached trucks or trailers during the period between sunset and sunrise unless in addition to the lights required on such vehicle under this part of This By-law there is also attached to such trucK or trailer where there is more than one a red light showing a led colour rearward for the whole time that such truck or trailer or 'trailers shall be upon such road or public place dunng 170 No person shall tow behind another vehicle whether drawn or propelled by animator mechanical power any vehicle on any road or public place during ,the period between sunset and sunrise unless in audition to the lights required on such first-mentioned vehicle under any part of this By-law such vehicle so being towed shall have placed thereon one white light showing in the direction in ’ such vehicle is so being towed and a red light attached to the bac < of such vehicle showing a. red light rearward, and such lights shal be kept burning for the whole time such vehicle is being so towed, durinc such period, , • , 171 The lights for motor cars, motor delivery vans motoi waggons, and motor cycles and side cars to motor cycles shall be as provided in Part 111. of this By-law, and the lights for traction engines shall be as provided In Part I.V. of this By-law,, and the lights fol bicycles Other than motor cycles shall be as hereinafter provided in this part of this By-law. .. , 172. No person shall leave any vehicle whether drawn or piopolled by animal or mechanical power which has broken down or i.s fen- anv other reason unable to be taken off any road, or public place duiing the period between sunket and sunrise without placing thereon ami keeping ligated during the whole of such period a sufficient light or lights to give due and proper warning to any person that the same is on such road or public place. The person in charge it such vehicle shall wheije practicable move or cause the said vehicle to be moved to the extreme edge of one side of the roadway forthwith after such vehicle has broken down or become otherwise immoveable. < . 173. No person shall on any road or public place:— a. Drive any vehicle without having and holding proper and sufficient reins unless some other and competent person has charge of the ,animal drawing the same, or (being the, driver) < be away from such animal so as- to be unable - ’to ;have full control thereof without passing through the near witeel or wheels of the vehicle a suitable chain or chains so as to effectively prevent the rotation of such wheel or wheels. b. Act as driver or have the sole charge of more than one vehicle unless in cases where two or such vehicles and no more are drawn each by one horse only and the / 10 rse of the hinder of such vehicle is attached by a sufficient rein to the centre of the 'tailboard of the foremost of such vehicles. c. Furiously, negligently, wantonly, or carelessly ride or drive any animal or vehicle of any kind. . d Drive any vehicle laden with any goods or materials whicn project on either side more than six (6) feet from the centre /of the vehicle. , , . . e drive or allow to stand any vehicle with the curtains covering or awnings thereof unfastened and Hable to be flapped about by the wind so as to frighten or be calculated to frighten horses. , f Drive or lead anv four-wheeled vehicle unless the same oe ■ ’ fitted with a suitable and effective brake and unless such brake be applied whenever such vehicle is proceeding down any incline. . ... g. Leave any vehicle (not being a mechanically propelled vehicle) without any horse or other animal harnessed theretp except in the case of some accident having recently occurred thereto. . ' . , h. Ride, lead, or drive any horse or other animal or any vehicle whatever upon or along any footpath or water channel or across the same except upon and by means of a crossing • properly constructed. i. Cause any animal or any vehicle whatever,, barrow„ handcart, or other small vehicle to stand or rest upon or along any footpath or crossing or any water channel. 174 Any person shall be guilty of an offenep hereunder who . 1 Being in charge of any bull, stallion, or entire animal permits ' it to cover within sight of any road or public place. ■7 Hides any horse or drives any vehicle of any description ■ whatever across any bridge in any road or public place at a greater pace than six (6) miles per hour. . 3 Places any hoarding, scaffolding, timber, bricks, stone, jr other building material upon any road or public place without the permission of the Council or some officer thereof or suffers the same to remain there for a longer period than shall be so permitted or fails to observe any condiitons on which such permission shall have been given. 4 Makes and leaves any hole, excavation, dangerous formation, in Or upon or near any road or public place without fencing or enclosing the same and keeping a light burning ’at cr upon such hole,, excavation or formation between sunset and surprise. 5 Removes any gravel, soil, or material from any County road or public place without the written permission of the Council. 6. Being the drover of any sheep or cattle on any road does not where reasonably necessary to allow any vehicle to proceed along such road take all practicable steps at the request qt the driver of the vehicle to divide such sheep or cattle so as to allow a way for such vehicle to pass through them. 175. Any person driving, drawing, propelling, or riding ajjy vehicle or tiding any animal on any road or public place shall exdept where crossing the same for any proper purpose keep as near as practicable to the left or near side of such road or public place, and when meeting any animal or vehicle shall keep or be as near as practicable on the left or near side of such road or public place, and so that each shall have a fairly equal portion of the metalled, tarred, or other prepared surface of such road or public place, and when passing any vehicle or animal going in the same direction shall when practicable go or pass oh the right or off side of such vehicle or animal. 176. Any person driving, drawing, propelling,, or riding any vehicle or riding any animal on aaiy road or public place shall by keeping as near as practicable to the left or near side of such road or public place allow any person driving, drawing, propelling, or riding any vehicle or riding any animal in the same direction and desiring to do so a fairly equal portion of the metalled, tarred, on other prepared surface of such road or public place in which to pags him on his right or off side. 177. Notwithstanding anything in this By-law any person- leading any horse or animal on any road or public place and whether riding another animal or not shall when meeting any person, animal, or vehicle proceed so that he shall be between the horse or other animal so led by him and the person, animal, or vehicle he shall be meeting. 178. No person shall drive any vehicle having tyres of rubber or of some equally resilient composition on any road or public place to which is attached a truck or trailer or a number of trucks or trailers unless all the wheels of each such truck or trailer shall be also tyred with rubber or some composition equally resilient as rubber.. j vei . o f any vehicle whether drawn or propelled by animal op mechanical power shall give immediate notice to the Engineer or Clerk or Road Foreman of the County of any damage or injury done by such vehicle or any waggon or waggons, carriage or carriages attached thereto to any road or public place or to anj’ fence bridge, culvert, watercourse, drain, side ditch, or other thing appertaining to any such road or public place, and if any such damage has rendered such road or public place or any of the above premises or appurtenances thereof respectively or any part or parts thereof
respectively dangerous for traffic or to public safety the driver of such vehicle as> aforesaid shall in addition to giving such notice a,s aforesaid place and maintain in such position and for sucn time as the Engineer, Clerk, or Road Foreman for the County as the case may be shall direct such signals or other means of conveying information of such danger as shall be sufficient to give warning of the existence of such danger to all persons travellnig 'along such road or public olace or bridge whether by day or by night, and in case of emergency shall forthwith and without waiting for any such directions place some sufficient signal or means of conveying information of the danger. v 180. No person shall on road or public place use any grippers or any appliances of any description whatever whether attached to wheels or not the use of which cuts up or otherwise damages or which may cut up or otherwise damage any such road or public place. 181. Where the Council shall by notice posted on or near any road, bridge, or culvert under the care, control, or management of the County or advertised in a newspaper circulating in the district where jjueh road, bridge, or culvert is situate declare any such road* bridge, or culvert as the ease may be :— a. To be unsafe for all traffic ; or b. To be unsafe for traffic exceeding any weight specified in such notice, no person shall drive or take on or over such road, bridge, or culvert any vehicle or vehicle ofi ,a greater weight than is specified in such notice, as the case may be. 182. Any notices so posted having thereon the name of the County Council shall be deemed to have been posted under this By-law unless and until the contrary be proved. BICYCLES. 183. “Bicycles”, where not inconsistent with the context or with any provision of any part of'this By-law shall mean and include any tucycle or other similar machine. 184. No person shall ride or use any bicycle on any road or public place unless such bicycle shall have attached to it a proper and sufficient bell .whistle, or horn for the purpose of giving warning to any other person if and when necessary. . 185 No person riding any bicycle upon or along any road or public place shall fail to properly and efficiently sound the bell, horn or-whistle attached to such bicycle or to give due ivarmng of his approacn upon approaching or overtaking foot and vehicular traffic of every description. 186. No person shall ride a bicycle along any road or public place during the period between sunset and sunrise unless the same shafi have attached thereto a lamp which shall be so constructed and placed as to exhibit a light in the direction in which such person is proceeding and unless such person shall during such period cause su h lamp to be so lighted and kept lighted as to afford adequate means of signalling the approach and position of the bicycle. 187. No person shall leave any bicycle standing or being on anv part of any road or public place between sunset, and sunrise unless the same shall have attached thereto a proper and efficient light adequately showing the position of the bicycle. 188. No person shall ride or lead a bicycle along any footpatn under the care, control, or management of the County. 189 No person shall ride a bicycle on any road or public piacu at a greater speed than at the rate of ten miles per hour nor around or across any corner, angle, or intersection on any road or roads ai> a greater speed than four miles per hour. CATTLE. 190 No person having the cape, custody, or control of sheep, cattle horses, goats, pigs, or stock of any description or being the owner thereof shall- permit or allow the same to wander or be at large am) without proper guidance in or upon any road or public place. n , 191. No person shall tether or otherwise put or place any sheep, cattle, horses,, goats, pigs, or stock of any description for the purpose of depasturing or grazing the same in or upon any road or public pl<icc w 192 No person shall brea,k-in, train, clean, shoe, bleed, dress, Oj epose for show,, hire, or sale any horse or other animal on any roai or public place or by locking the wheels of any cart or other vehicle or otherwise .test or try any animal in any road or public place. PART VIII. Relating to Dangerous and Specially Dangerous poods. 193. For the purpose of this part of this By-law the following expressions shall mean and include : — a. ‘‘Dangerous Goods” \ 1. Petroleum, which in turn and for the purpose of this By-law means and includes any rock oil or Burmah oil and any product thereof and iilso any oil made from Petroleum or coal or schist or shale or peat or any bituminous substance and any product thereof which gives off an inflamniable vapour at a temperature of less than 110 degiees Fahrenheit’s thermometer. 2 Kerosene and any other distilate or product of petroleum which notwithstanding that they do not give off an inflammable vapour at a temperature of less than 110 degrees of Fahrenheit have been or may be brought under The Explosive and Dangerous Goods Act, 1908,” ,or any amendment thereof or any Act passed in substitution thereof. 3. Benzoline, chloroform, collodion, ether, methylated spirits, spirits'of wine, terebene, tinctures, turpentine. ■ 4. All other goods not declared specially dangerous which for the time being may be brought under “The Explosive and Dangerous Goods Act,, 1908,” or any amendment thereof or any Act .passed, in substitution thereof. 5. Carbide of calcium, b. “Specially Dangerous Goods” include: 1 1 Painter’s spirits, eupion, benzine, gasoline, and light naptha, and also all light mineral oils the specific gravity of which is less, than ,0.733 at a temperature of 60 degrees Fahrenheit.. 7 2 Dynamite, detonators, pnosphorus. 3. All other goods declared Specially Dangerous under riit. Explosive and Dangerous Goods Act, ,1908.” c “Inspector”,shall mean and include the person for the time being holding an appointment under the Council as Inspecto ’ under, this pa,it of this By-law. d “Approved” means aprpoved by the Inspector. e. “Council” or .“County Council” has the meaning given to these words in Part I. of this By-law. ■ 194. No person shall keep or store or sell dangerous goods or “specially, dangerous goods” • or gunpowder at, on, or in premises situate within the County unless the County C.erk shall have first issued a license authorising him to do so and then only to the extent and in the manher expressly authorised by such licence and by this part of this By-law and subject to the conditions of this 195 Notwithstanding section 194 1 hereof no licensie under this part of 'tiiis By-law shall be required in the following cases :— a By any person to keep on his premises any of the following goods if kept in sealed bottles in quantities not exceeding one dozen bottles of any. one substance and not exceeding four dozen bottles in all or in quantities of. one or more of such substances not exceeding ten gallons in all exclusive of that kept in sealed, bottles, viz.^benzine, benzoline, or other motor spirit, collodion, ether, kerosene, methylated spirits, naptha, spirits of wine, terebene, tinctures, and ■ sulphuric acid. . , ~ b. By any person to keep on his premises for private use only and not for the purposes of sale or disposal any of the following- goods in quantities not exceeding those specified 1 opposite each description: Benzine, benzoline, or other motor spirit (in all) 1 ton SE 1 ™ .. SgE Kerosene - ton 'Methylated spirits • , ““ gallons Naptha ' 32 Slons Spirits of Wine 32 g. _ lo Terebene . ,• ’• 32 gallons Tinctures * 32 gallon Turpentine , - ,3“ 1 Varnish 50 gallons Polish of apy description 50 gallons . Carbide of Calcium or any preparation thereof- x 2 cwt. . Pitch 1° Sulphuric Aci’d 1 cyl Gas used for aerated water manufacture' or other aerating -purposes , 1 cyl Nitrpus Oxide gas used oy medical- men and dentists . . ' “ cy 1 Gunpowder . It io » ' Blasting dynamite or other blasting explosive used in'clearing land and farming operations 10 lb c. By any retail chemist provided he does not keep or store either “dangerous goods” or “.specially dangerous goods exceeding the maximum quantity specified in subsection (a) ofvtliis section and -provided such retail chemist shall apply in writing to the County Clerk to be registered as a retail chejpis't in the Register which the County Clerk shall keep ' for the purpose of this section. , 1961 'No person shall keep or store “specially dangerous gooas or "dangerous goods” in any greater quantities than those which tl/e Couv-il by resolution decide in each case. The Counci shall in coming to such decision be guided by the fitness of tne building to be used for such storage and its proximity to othei builffings. Applications for license's under this part °f J-bis By ' la y shall be in the form Nc# 1 in the schedule to tins part of this By-L . 198. Upon receipt pf a,ny such application the Inspector oi sucii other person as the Council may from time to time appoint for that purpose sliall inspect, the premises in order to ? 8 ®®’ tain determine as to their fitness for the purpose Jientioned in sucn application. In making such inspection regal d sllfill be bad as we to the character of the business carried <m therein as *b e 811 firm -ind construction of the premises and the precautions it any iken V the applicant against the risk of explosion. If such inspection shall prove satisfactory the Inspector or other person making the inspection shall certify 'to that, effect in the form No. ! 2 ™ the schedule to this part of this By- aw and append it to the application. TJnon receipt of 'such certificate and payment of the license t.hereinafter provided the County Clerk shall issue a license in the form No 3 in the schedule to this part of this By-law. 199 Every license issued under this part of this By-law shall terminate on the ,31st day of March in each year. Different classe., of coods may be included under the same license. Oil every license issued under this part of this By-law there shall be paid by the applicant' to the County Clerk the sum of 0110 *01 Ull< The following goods may be included under any license issued ’under Wis part of this By-law and the following conditions Wilder a license for “specially dangerous goods” may also be kept detonators, 1 box ; dynamite, 1 case. 3. Under' V a license for gunpowder may also be kept cartridges, 5000 in boxes ; blasting powder, 1 keg. . 4 Subject to sub clause (8) hereof “specially dangerous goods and “dangerous goods” and all gunpowder stored or kept Oh any premises shajl be stored together and in some place where they can be easily approached and removed in case °f fi re - . . , n 5 The position of such last mentioned place of storage shall not, be changed or departed from without the previous consent
in writing of the Inspector or some officer appointed by the Council and chargect with the duty of seeing to the obsei vance of this part of this By-law. ’ 6. Gunpowder only to be kept in vermillion coloured boxes made of soft timber of not less than one inch thick. The nature of its contents to be plainly marked on the outside of each box. The only metal used for nails or other fastenings in the construction of such boxes shall be copper, and sucn boxes shall as to pattern, material, construction, and condition be made and kept, to the satisfaction of the Inspector or officer as aforesaid. ’ 7. Cartridges shall be kept in a like manner with gunpowder; Detonators shall be kept in a like manner with gunpowder, but each corner of the box shall be protected by an india rubber buffer of at least, three-quarters of an inch in thickness and so placed that if the box falls or is dropped such buffer will cover any point of contact with the ground. 8 Dynamite or anv other compound of nitro-glycerine shall oe kept as provided for detonators, but dynamite and such compounds shall not be stored within thirty feet of any gunpowder, blasting powder, detonators, cartridges, or any other explosive, 9 Blasting powder shall be kept in its original kegs and sucn kegs shall be enclosed in a bag made of scarlet blanketing. 10. Kerosene and Benzine : Notwithstanding anything herein contained,, a special license may be issued under authority of the Council in respect of any premises fixing the maximum quantity of kerosene and benzine to be kept on such premises under such license at so much as the Council, having regard to the locality, the population in the vicinity, and the character of the buildings in which the same is to be stored, may think safe and proper, 202. A copy of every license issued under section 198 shall be posted in the immediate vicinity of the place of storage of gunpowder. 203. All the provisions of this part, of this By-law imposing any duty upon licensees shall in addition to any liability imposed by this By-law for any breach thereof be deemed conditions annexed to the license, and any license may be cancelled or suspended by the Council on proof to its satisfaction that any such condition has been broken. . , x , . 204. All dynamite, detonators, and phosphorus carried through any part of the County shall be carried in a vehicle properly constructed and having india rubber tyres to its wheels so as 'to guard against concussions. Such vehicle shall be covered with a tarpaulin having the words “explosive material” painted in large and legible characters on the outside and on both sides of the tarpaulin so as to be plainly legible whilst, such vehicle is passing through any part of the County. 205. It shall be lawful for the Inspector at all reasonable times in the day time to enter upon and inspect any premises for any purpose connected with this part of this By-law or enter upon any premises for any purpose connected with the enforcing and due carrying out. of this part of thi? By-law of the ascertaining where any "dangerous or specially dangerous goods or gunpowder are or is usually kept. Every person obstructing any Inspector mentioned in this section in such duty or inspection or in the performance of any other duty under this part of this By-law shall be guilty of an offence hereunder. 206. No person while engaged in the conveyance of nr working about or with specially dangerous goods shall while so engaged or working about or with the same smoke., strike matches, or do any other act liable to cause danger therefrom, and every such person shall take all due precautions to the satisfaction of the Inspector to prevent danger therefrom. THE SCHEDULE REFERRED TO. FORM I. No. Application for License to Keep Dangerous Goods or (and) Specially Dangerous Goods. To the Council of the Hauraki Plains County. I, residing a,t cl ° hereby apply for a license to store and keep no,t exceeding in quantity ' in the building occupied by as a and owner by situate and constructed as follows :— Roof Foundation External Walls Dated this day of 19 Applicant. FORM 11. No. Certificate of Fitness for Storage or Dangerous Goods or (and) Specially Dangerous Goods. Hauraki Plains County. 1 hereby certify that the above described premises are fit for the storage and keeping of goods of the kind and quantity Mentioned in the above application. Dated this day of 19 . < Inspector. FORM 111. No. License to Store Dangerous or (and) Specially. Dangerous Goods. Hauraki Plains County. The Hauraki Plains County Council hereby licenses Mito keep and store not exceeding in quantity. in the building situate in occupied by as a upon and subject to the provisions'and conditions prescribed by Part VIII. of t,he Hauraki Plains County By-law, 1922. Dated this day of 19 . County Clerk PART IX. In Respec't of Public Parks and Reserves. 207. Tn this part of this By-law the expression ‘‘Reserves” shall include any part, garden, open space, plantation* and any other reserve now owned, controlled, managed, or administered by the Council or which may hereafter be acquired, owned,, controlled, or managed by the Council, and the expression “Council” shall mean the Council having the control or management of any reserve. 208. Reserves sliall be open to the Public throughout the year during such hours as shall from time to time be determined upo-n by the Council by resolution in that behalf duly passed and notified by advertisement at least twice in some newspaper circulating in the district in which the reserves are situate. 209? No person shall pluck any of the foliage, flowers, cones, or pods or collect, seeds or take cuttings from any shrub, tree, or pla,nc, or walk on any beds or borders or remove or deface any notices, boards, posts, barriers, seats,, or ’-ailing or climb upon or get over any fence or disturb, deface, damage', or destroy any property, monument memorial erection, natural object, building, thing, or object pt any description in any of the reserves. 210. No person shall bend, break, twist, swing, climb upon, cu:, bark or root up or otherwise damage or destroy any part or the whole of any tree, sapling, shrub, plant, or underwood growing m or upon any of the reserves. , 211. No person shall remove or carry away frofn any of the reserves any tree, sapling, shrub, plant, or underwood oi any pait thereof or any live or dead wood or any other thing whatsoever. 212. No person shall break, displace,, or remove the surface sod or soil in or from any of .the reserves. 213. No person shall in any of the reserves without the permission'of the Council play at or engage a!t football or any game or exercise calculated to injure the paths, turf, trees, shrubs, plants, or other things in or upon any part of such reserves. 214. No person shall play cards or engage in any athletic exercise or any ether game in any ot the reseives on Sunday. 215. No person shall wilfully obstruct any of the entrances, thoroughfares, or walks of any of the reserves. . 216. No person shall act in an improper, indecent, or disorderly manner or use foul or abusive language or indulge in any ’practice calculated to offend, insult, or annoy any other person in the use and enjoyment of any of the reserves. 217. No person shall carry or take any firearm or weapon or any kind whatsoever which may be used in the killing or destructio.’i of birds or animals into or through the reserves. 218. No person shall shoot, snare, or destroy or attempt so to do any bird, animal, or fish in any of the. i eserves. > 219 No person shall without permission in writing from tne Council' depasture any horse, cattle, sheep, or other animal in or upon or take, ride, or drive any such animal into or through any or the reserves. No person shall allow- or permit any horse or other anima to stray or wander into and remain in any of the reserves. 221. No person shall without the permission of the Council draw take, drive, or ride any bicycle, cart, truck, wheelbarrow, carriage, or other vehicle into or through any of the reserves provided that this section shall not apply to invalids’ chairs or children’s perambulators. , 222 No person shall by any act whatsoever interrupt, ninde., or annoy any gardener or labourer engaged in work in any of the leseives. person shall allO w or permit any child or children under his or her care to enter or remain in any of the reserves unless such child or children is or are either of the age of ten (10) years ’or upwards or accompanied by and under the control of some competent person. .... 224 No- person shall cast away, throw, or deposit, or cause oi suffer to be cast away, thrown, or deposited on any of the reserves any fruit skins, rind or peek, or any hand bills, printed papers,, waste paper, or papers of any kind whatever, or any other refuse or waste material. , . „ _ T . 225. No person shall play or bet or carry on any wagenng oi gaming or otherwise .engage in any game of chance in any of the reserves. ■ . 226. No person shall without the written authority or permission of the Council take, bring, or admit any dog or any other animal into any of the reserves or suffer any animal to accompany him therein or, to stray therein. Provided always that it shall be lawful for any person to bring pr take therein a dog if such dog is kept under continuous control while therein by a leading strap or chain or other efficient contrivance. 227. No person shall without the written authority of the Council" set up or construct any erection of any description in any of the reserves. 228. No person shall without the written permission of the Council allow or suffer any goats, poultry, or other animal to enter or remain in or upon any of the reserves. 229. The Council may from time to time by resolution grant special privileges and rights of use of over and in connection with any reserve or portion thereof for games,, sporffi, and purposes of recreation or amusement and fix special fees 'and charges for and in respect of such special privileges and rights. 230. No person shall without the written permission of the Council play cricket, football, or any other game in any reserve other than in some place duly appointed by the Council far the purpose of playing such games therein. PART X. In Respect of Pedlars and Hawkers. 231. The provisions of this part of this By-law shall not apply : a. To the hawking of newly caught fish within the meaning of “The Fisheries Act. 1908,” or any other similar Act, nor to hawking any goods in respect of which any luiv is now in force or hereafter may b® passed allowing such goods to be hawked, sold, or disposed of without a license.
b. To any person selling offering, or exposing for sale goods and articles in his own house, shop, and premises situate in 232. No person shall hawk, peddle, sell, offer,, or expose goods o- articles whatever in any part of the County unless such person shall be the holder of a license for that purpose from the Council 233 No person shall hawk, peddle, sell, offer, or expose for sale any goods or articles for sale in any other manner than is or shall be authorised by such license or by .this pail of this By-law. *>34 The onus of proving that any goods or articles being delivered within any part of the County have been previously ordered and are not being hawked on peddled shall in each case rest wi.h the Vendor or party delivering such goods or articles. £35. Every person desirous of obtaining a hawkers or pedlars license shall make application in writing to the Clerk of the County Council therefor, and shall state in such application the nature or the goods or wares to be hawked, peddled, sold, or disposed of and ' shall with such application furnish evidence to the satisfaction of the County Clerk of good character. . . . 236. The Clerk of the County Council is hereby .authorised to issue a license hereunder in the form provided in the Schedule to this part of this By-law upon receiving such application and upon payment of the fee therefor according to the following scale : License for a period of 1 year £lO. License for a period of 6 months £5 Provided that no license fee shall be payable by a hawker or pedlar who sells only perishable articles or humart food. I ' 237. Every licensed hawker or pedlar shall at all times when hawking or peddling carry his license with him and shall l show the 1 same to any Police Constable or Officer of the County Council who Slial 23B? m Every h licensed hawker or pedlar shall whilst hawking or peddling have affixed on some conspicuous part of his cart, barrow, or basket, vehicle or tray a board or plate bearing his name and _the words “Licensed Hawker” or “Licensed Pedlart legibly painted thereon in letters not less than one inch in length 239 If any person holding a license hereunder shall be convicted of receiving or selling stolen goods or articles of any description such license shall be at once cancelled by the fact, of such L ° nV 24o° The Council shall in addition to aqy , ot -her penalty or penalties imposed for breach of its By-law be at to cancel th, license granted to any person hereunder who shall fail to perform or Xerve any of the provisions of the Council’s By-law in respect of hie license or in respect of any other matter. . 241 Every licensed hawker or pedlar who takes or carries abou any article of human food or capable by any means «« nt • for human consumption shall keep and maintain his cait, barr w, back vehicle or other medium of carrying or storing such article 01 used ffi connection therewith in a thoroughly clean and sanitary condition to the satisfaction of the Clerk of the Council or. Pther ' officer for ithe time being charged with the duty of seeing this p t shall keep a register of the name and of all persons to whom licenses are granted hereunder, and such register shall be open during office hours for inspection by any person, upon Payment shall be tra „ s! e„ e a‘without the written consent of the Council endorsed on such license under the hand ofl, the Clerk and upon payment of a fee to the Council of ten shillings and sixpence (10/6). ’ THE SCHEDULE ABOVE REFERRED TO. County of Hauraki Plains. , The Council of the County of Hauraki Plains hereby licenses on business as hawker or pedlar eff the Countv of Hauraki Plains until the - • 19 , Subject in all respects to the provisions of the County of Hauraki Plains County By-law, 1922, for the time being in force. \ r to rated this day of • For and on oehalf of the Council . z Clerk.. PART XI. In Respect of Public Billiard Rooms. 244. In this part of.'this By-law if not. inconsistent with the cont ®^yl ) ll c Biiji ar d Room” shall mean and include every room, enclosure, or premises to which the public are admitted and which is or may be used for the purpose, of playing the' of billiards, pool, pyramids, bagatelle, bowling or skrttle alley, shocking gallery, or other games of a like kind within 245 or manage a public billiard room within any part of the County unless he shall have obtained from the C ° UI 246. a Every S such license shall be in the form or to *he effect set forfth in the schedule to this part of tips By-law. The County Clerk shall keep a register of public rooms in the jurisdiction of the County, arid shall enter therein the names, addresses, and^desc riptions of the keepers’thereof for the time being and the location o situation of such public billiard pom. 24.7. No license shall be granted hereunder except on of the fee prescribed by this part .of this By-law and on the written ' .application of the proposed keeper for the time being of such pubhbilliard room accompanied by three (3) certificates of charact given by ‘three respectable householders resident in the County yffiei - the license is to be exercised as to the good character of the applicant, and in every application shall be set forth truly the‘ and surname and place of abode and occupation of the applicant and the situation of the public billiard room sought to be licensed and any person who shall omit from such application any particulars hereby required to be stated therein or who shall state anything falsely touching any particulars in such application shall be guilty of an offence hereunder. . .... ~ •248. No iwmarriedl woman not being a widow shall be a keepei of . any public billiard room. , . . • . .. • 249. An Inspector or Inspectors may be appointed from tim„ to time by the Council for the purpose of examining and inspecting public billiard rooms, and such Inspector or Inspectors and any officer of police or constable shall have full and free liberty and power of entry and access to every part of such public billiard room ait all hours of the day or night, and such Inspector or Inspectors may also make inspection of any room sought to be licensed or registered as a public billiard room; and no license shall be issued for any such room unless such Inspector or Inspectors shall report that such room is fit and proper to be licensed or registered as such public billiard room and ‘that lit does not directly connect with or adjoin any establishment, room, or premises used or reputed tp be used for any gaming, gambling, or wagering purpose. Any person opposing or obstructing the entry to or examination of any such public billiard room by such Inspector or Inspectors or officer or constable shall be guilty of an offence hereunder. . 256 Every such license shall remain in force from the date thereof " until the 31st day of! March next following and shall he 1 renewed annually. , 1 251. The annual license fee for each such license shall be £5, but in the case Of a license granted after the first day of October in any year the fee payable shall be £2 10s. 252 No person under the age of 18 year’s shall enter or remain in any public billiard room unless accompanied by his parent or guardian and no person keeping or managing a public billiard room ' ’ shall permit or allow to enter or remain therein any such person unless he shall be in the company of his parent or guardian. • 253 The keeper or licensee of every public billiard room sha.l cause the same and every passage way or stair leading thereto to be maintained in a thoroughly safe and clean .condition to the entire satisfaction of the Council or Inspector and shall provide proper sanitary accommodation to the like satisfaction. 254. It shall be lawful for the Council at any time to revoke O’suspend the license granted in res.oett of any public billiard room if the keeper or licensee thereof shall be convicted of any offence against this By-law or of any offence against the “Gaming Act, 1908, or anv of its amendments or “The Police Offences Act, 1908,’-’ or its amendments or of any offence touching his character as such keeper, and upon such revocation or suspension such public billiard room shall be deemed to be unlicensed. 255. Every licensee of a public billiard room shall have and , keep painted in letters at least two inches, long on the front of such billiard room on in case he occupies only a portion of a building on the front or entrance door to every room which such licensee keeps as a public billiard room his name in full with the words “Licensed to Keep a Public Billiard Room.” 256. No person shall keep any public billiard room open nor allow nor permit the playing of any game therein nor shall any person play any game therein between the hours of 11 o'clock at night and 8 o’clock on the following day nor throughout the whole of every Sunday, Christmas Day, and Good Friday. ’ 257. No person, in charge of any public billiard room shall - allow any intoxicated persbn to. enter, or to remain in such room, nor shall he allow any person in such room to use blasphemous, obscene,'indecent, filthy, or improper language or to be guilty of any noisy or improper behaviour. 258. No person in charge of any public billiard room shall permit any intoxicating liquor to be brought into, consumed, or used therein. . 259. Upon the sale, lease, or transfer or other disposition or change of ownership, occupancy, or management of any public billiard room it shall nat be lawful for the purchaser, lessee, transferee, or other person acquiring interest therein as aforesaid to use ■ or cause to be used the public billiard room for' the purpose of playing therein any of I the games aforesaid until he has made application accompanied by three (3) certificates of character; by three respectable householders resident in the County in writing to the County Clerk to have his name endorsed on the license of the public billiard room as the keeper or transferee thereof, and paid to the County Clerk a fee of ten shillings (10/ ), and the County Clerk (having first, satisfied himself on a report from the Inspector or Otherwise as to the character and occupation of such applicant) has made such endorsement. THE SCHEDULE ABOVE REFERRED TO. I County Clerk of the County of Hauraki Plains by the authority and on behalf of Hauraki Plains County Council do hereby subject to the provisions of the Hauraki Plains County By-law, 1922, relating thereto license as a billiard room the room or premises, situate at in the County Of Which shan be the licensee until the thirty-first • day of March next ensuing, and I hereby acknowledge receipt of £ from the said being fee payable to the County in respect of such license. Dated this day of 19 County Clerk. The foregoing By-law was made by the Hauraki Plains County Council by special order passed at a Special Meeting of the said Council duly convened and held on the fourth day of December, 1922 sand duly confirmed as such at a Special Meeting of the said Council held on the twenty-fourth day of January, 1923, when by resolution it \ras ordered that such By-law should come into force on the second day of April, 1923. ' THE COMMON SEAL of the Chairman, Councillors, and Inhabitants of the County of Hauraki Plains was hereto affixed pursuant to a resolution of the Hauraki Plains County Council this twenty-fourth day of January, 1923, in the presence of: JAMES C. MILLER, County Chairman ERNEST WALTON, County Clerk. THE FOREGOING BY-LAW COMES INTO FORCE ON THE SECON D DAY OF APRIL, 1923.
If the width of tyres of any vehicle shall be Thent he maximum weight of a 2-wheeled vehicle with load Or maxirttum weigh of a four-wheeled vehicle with load shall be shall be Inches Cwt. 15 Cwt. 25 01/ 25 40 30 48 3 3% 4 4iy 2 'Uz 35 ■ 40 45 60' 70 56 64 72 90 105 140
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Hauraki Plains Gazette, Volume XXXIV, Issue 4537, 9 March 1923, Page 3
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26,364The Hauraki Plains County. Hauraki Plains Gazette, Volume XXXIV, Issue 4537, 9 March 1923, Page 3
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