Borough Bye-Laws




BYE-LAW (No. 3 A).

A Bye-Law to provide for the better Rule and Government of the Borough of Napier.

In pursuance of Section 186, of Part XIII., of "The Municipal Corporations Act, 1867," the Council of the Borough of Napier ordain as follows; that is to say—

Any person guilty of any of the following offences, omissions, or neglects, within the Borough of Napier, shall, on being convicted of any such offence, neglect, or omission, be liable to pay any penalty not exceeding (£5) Five Pounds:—

  1. Throwing or sweeping any glass, filth, dirt, rubbish, orange-peel, or other matter of a similar nature upon or into any street, channel, footway, court, alley, or public place whatsoever.

  2. Leading or riding any horse or other animal, or drawing, wheeling, or driving any cart, carriage, sledge, truck, barrow, or other thing upon or along any footpath, without permission from the Borough Council so to do.

  3. Burning any shavings, straw, or other materials or matter upon any footway, channel, surface drain, or carriage road, without such permission as aforesaid.

  4. Drawing or trailing any sledge, timber, or other material, upon any footway or carriage road, to the injury of such footway or carriage road.

  5. Allowing night soil or other offensive matter, to be spilt or otherwise cast on to or upon any road, street, footway, public place, or thoroughfare.

  6. Leaving any inflammable materials or matter in any public street or place, or on any open space near any building, without such permission as aforesaid.

  7. Keeping any goat or goats within the limits of the Borough of Napier.

  8. Placing any placard or other document, writing, or painting on, or otherwise defacing any house or building, or any wall, fence, lamp-post, or gate, without the consent of the occupier or owner thereof.

  9. Allowing the droppings from the eaves of any house or verandah to fall upon any footway.

  10. Opening any drain or sewer, or removing the surface of any footway or carriage road, without authority from the Borough Council so to do.

  11. Neglecting to clean any private yard, way, passage, or avenue, by which neglect a nuisance by offensive smell or otherwise is caused.

  12. Rolling any cask, beating any carpet, breaking in any horse, flying any kite, using any bows and arrows, or playing at any game to the annoyance of any person in any public place, or obstructing any footpath or carriage road, whether by allowing any cart or animal to remain across such footpath or carriage road.

  13. Throwing or discharging any stone or other missile, to the damage or danger of any person or property.

  14. Having any awning on or over any footway in any public street or thoroughfare, not being nine feet clear above the footway, or obstructing the footway by the supports of such awning or verandah, or hanging any goods on or under such awning over the footway.

  15. Blasting any rock, stone, or timber in or near any public place, without permission of the Council.

  16. Furiously or negligently riding or driving through any public place, street, or thoroughfare.

  17. Exposing in any public street or thoroughfare, except in any fair or market lawfully appointed for that purpose, any horse or other animal for show, hire, or sale.

  18. Making any cellar-door or other opening from the footway of any street or public thoroughfare, without the consent or not in accordance with the directions of the Town Council.

  19. Exposing for sale any article whatsoever on any footway or outside any shop window or doorway abutting on any public thoroughfare or street.

  20. Discharging any firearms, or carrying any firearms, sword, dirk, dagger, or other offensive weapon within the Borough of Napier, without permission of the Town Council: Provided that the provision last aforesaid shall not apply to any Justice of the Peace, or any person in Her Majesty’s military or naval service, or any member of the police or other peace officer, or any member of a recognised Volunteer corps, or any special constable, or any person actually in pursuit of any felon or offender.

  21. Any person laying out or opening any street or building therein, and omitting during the operations necessary for forming such street or for building there to take all such precautions for guarding against injury to the passengers along such street as may be necessary, or as may be directed by the Town Council.

  22. Any person placing any obstruction upon any street line, whereby life or limb is likely to be endangered.

  23. Any person neglecting or omitting to keep in good repair any rail, gate, fence, or cover over or about any area or entrance to any cellar or other place, or keeping open for more than a reasonable time for taking in or out any articles any entrance to any area, cellar, or other place (such area or entrance opening into or upon or near any public street, road, thoroughfare, or other public place).

  24. Any person throwing any offensive matter, or any animal, with the intention of drowning it, into any watercourse, or other place from whence a supply of water for the use of the inhabitants of the said town is obtained.

  25. Any carter riding on any cart, dray, or waggon, without having and holding proper and sufficient reins, and no competent person having charge of the animal or animals drawing the same.

  26. Any person driving any vehicle upon Coote Road, except between the hours of 10 p.m. and 8 a.m., any cattle intended for sale, slaughter, or shipment, or travelling from one part of New Zealand or any other colony to any other place: Provided that nothing herein contained shall apply to horses driven in harness, or to oxen in the yoke.



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Online Sources for this page:

VUW Te Waharoa PDF Hawke's Bay Provincial Gazette 1875, No 47





✨ LLM interpretation of page content

🏘️ Bye-Law (No. 3 A) for the Borough of Napier

🏘️ Provincial & Local Government
Bye-Law, Municipal Corporations Act, Napier Borough, Offences, Penalties