By-laws of Fitzherbert Road District




Oct. 25.] THE NEW ZEALAND GAZETTE. 1587

into or upon any road or public place, or upon any footpath,
or into any channel any offensive liquid or other matter shall
be guilty of an offence.

  1. Every person who shall deposit, or cause or procure or
    permit to be deposited, upon any public road, footway, channel,
    or other public place within the road district any refuse or
    offensive matter whatsoever, shall be guilty of an offence, and,
    notwithstanding the liability of such person to a penalty, he
    shall also bear all the costs which may be incurred by the Road
    Board in removing the same.

  2. In the construction of these by-laws the term "refuse"
    shall mean and include all kinds of refuse matter, whether
    offensive or otherwise; and the term "nuisance" shall, but
    without excluding any other acts, defaults, or omissions which
    may be nuisances, be held to include the following acts, de-
    faults, and omissions, notwithstanding any specific provisions
    relating to the same shall have been made in any other by-law
    or in any of these by-laws:--

(1.) Throwing or depositing any glass, filth, dirt, rubbish,
or matter of a similar nature upon any road, foot-
way, or public place whatsoever.

(2.) Depositing any casks, cases, tanks, goods, materials, or
empties of any description whatever upon any road
or public thoroughfare.

(3.) Placing any firewood, or any timber, bricks, stones, or
other building materials, upon any footway, channel,
surface, drain, road, or public place without per-
mission from the Road Board so to do.

(4.) Planing, sawing, mixing mortar, or executing any
builders' work upon any footway, road, or public
place without such permission as aforesaid.

(5.) Allowing any shavings, hay, straw, paper, or other
materials during the progress of any work, loading,
or unloading, to be blown about any road or public
thoroughfare.

(6.) Burning any shavings, straw, or other materials or
matter upon any footway, road, or public place
without written permission from the Road Board so
to do.

(7.) Drawing or trailing any machine or machinery,
sledge, timber, or other material, upon any footway
or road to the injury of such footway or road.

(8.) Driving any vehicle or riding any horse or bicycle at
other than a walking pace round or across any
corner, angle, or intersection of any of the roads or
public thoroughfares.

(9.) Opening any drain or sewer, or removing the surface
or any gravel of any footway or road, or any other
material from a road-reserve, or making any cellar
door or opening from the footway of any road or
public thoroughfare without written authority from
the Road Board so to do.

(10.) Placing any obstruction upon any road or footway
whereby life or limb is likely to be endangered.

(11.) Placing any placard or other document, writing or
painting on, or otherwise defacing any building or
house, or any bridge, wall, fence, post, or gate,
without the consent of the owner or occupier thereof,
or the Road Board.

(12.) Defacing any house, building, bridge, wall, fence,
gate, or place by writing, or placarding any profane
or obscene words or signs.

(13.) Blasting any rock, stone, or timber within 5 chains
of any public road without placing some one on
the road or roads to warn passers-by.

(14.) Leaving any dead beast on any road or public place,
or on any private property within one hundred and
fifty yards of any road, whereby an offensive smell is
created.

(15.) Throwing, discharging, or depositing into any
stream, watercourse, or open drain, any nightsoil,
carriion, or offensive matter, or any animal with the
intention of drowning it, or any matter or thing
which may pollute such stream, watercourse, or
drain, or cause it to become offensive or injurious
to the public health.

(16.) Allowing the contents of any privy or cesspit to
soak therefrom so as to be offensive, or allowing any
privy to remain in full view from any public road
or thoroughfare.

(17.) Carrying on business of a blood-boiler, bone-boiler,
fellmonger, soap-boiler, tallow- or glue-melter, tripe-
boiler, slaughterman, or any other noxious or
offensive business, trade, or manufacture, unless
licensed or permitted by the Road Board to do so.

(18.) Discharging any fire-arms or letting off any fire-
works within one hundred yards of any public road
without the permission of the Road Board.

  1. If the occupier of any land within the road district shall
    permit or suffer any part of any tree or shrub growing upon
    such land to overhang any part of any public way or place
    therein he shall be guilty of an offence.

  2. Any person who permits or suffers any furze or gorse
    hedge to remain untrimmed, or any shavings, bush, or shrubs,
    or material of any description to be and remain in any channel,
    creek, drain, or watercourse, passing through, over, or along
    any lands adjoining any public road, so as to obstruct the free
    flow of any channel, creek, drain, or watercourse within the
    boundaries of the road district, after having received reason-
    able notice from the Clerk to the Road Board to trim or cut
    the said hedge or remove the said obstruction, as the case may
    be, shall be guilty of an offence.

  3. Any person turning loose any horse or horses, or any
    cattle, upon any road, or allowing any animal or animals to
    wander on any road or thoroughfare within the road district,
    shall be deemed guilty of an offence against this by-law, and
    shall upon conviction forfeit and pay a sum of 2s. per head.

  4. Any person furiously or negligently riding or driving on
    any public road or thoroughfare shall be guilty of an offence.

  5. Any person riding on any cart, dray, wagon, or other
    vehicle without having and holding proper and sufficient reins,
    or without some competent person having charge of the animal
    or animals drawing the same, and any person driving any
    vehicle whatsoever, or riding any animal or bicycle, and when
    meeting any other vehicle or animal not keeping on the left
    or near side of the road, or when passing any vehicle or animal
    going in the same direction not going or passing, or not allowing
    any person desirous so to do to pass when practicable on the
    right or off-side of such vehicle or animal, shall be guilty of an
    offence.

  6. The driver of any cart, dray, wagon, bicycle, or other
    vehicle which shall, during the hours after sunset of any day
    and before sunrise of the following day, be in any road within
    the road district, shall keep a light attached to or suspended
    from the off or right side of such vehicle, so as to be plainly
    visible to the driver of any dray, wagon, or other vehicle
    proceeding along or through such road in a contrary direction
    to that in which such first-mentioned vehicle shall be directed,
    and every driver who shall fail to comply with this section
    shall be guilty of an offence.

  7. If the driver of any goods cart shall leave the same
    unattended, and shall go for a distance of more than ten yards
    from the side of such cart without passing through the near
    wheel or wheels thereof a suitable chain or chains so as effectu-
    ally to prevent the rotation of such wheel or wheels, whether
    in any case such cart be hired or not, such driver shall in
    every such case be guilty of an offence.

  8. No person shall drive or conduct any stage, carriage,
    or wagon, or dray, on or over any of the roads or bridges
    within the boundaries of the road district, of a greater weight,
    exclusive of the weight of the vehicle, than 3 tons; and,
    notwithstanding the liability of such person to a penalty, he
    shall also bear all the cost of repairing any damage occasioned
    to any such roads or bridges by driving the said overladen
    vehicles upon or over any of the said roads or bridges.

  9. No person shall ply with, drive, or conduct, or cause,
    permit, or suffer to be driven or conducted, or be concerned
    in causing, permitting, or suffering to be driven or conducted,
    any cart, dray, or wagon on any roads or streets within the
    boundaries of the road district unless the tires of the wheels
    thereof shall be of the breadth hereunder respectively specified,
    that is to say:--

  10. All wagons, whether timber or otherwise, shall have
    tires of a width of not less than from 4in. to 5½in., to be
    decided upon by the Fitzherbert Road Board. All drays
    shall have tires of a width of not less than 3½in. All car-
    riers' spring-carts of two wheels shall have tires of a width
    of not less than 2½in. All other vehicles, used to carrying
    loads up to 15cwt. on each pair of wheels, shall have tires of
    a width of not less than 2in.

  11. No person shall ride or lead any horse or other animal,
    or drive or lead any vehicle, or cause any horse or other
    animal or vehicle to stand upon or along any footpath, or any
    kerb thereof, or upon, along, or across any constructed water-
    channel.

  12. No person, being the driver of any cart, dray, or wagon,
    or other such vehicle, shall suffer the same to remain standing
    longer on any road or public place than the time reasonably
    necessary for loading or unloading goods or suffer the horse
    in any such cart, dray, wagon, or vehicle, if they are fed during
    the progress of such loading and unloading, to be so fed other-
    wise than by nosebags.

  13. Any person furiously or negligently riding or driving,
    or being in a state of intoxication whilst riding or in charge
    of any cart, wagon, or other vehicle, on any road within the
    Board district, shall be guilty of an offence.

  14. No person shall drive any vehicle in a public road or
    public place laden with any goods or material which project
    on either side more than 5ft. from the centre of such vehicle.

  15. Any person in charge of any traction-engine, when
    travelling on any road within the road district and meeting
    any vehicle, or cart, or wagon, or any person riding on any
    animal, or being overtaken by any vehicle, or cart, or wagon,
    or any person riding on any animal, shall direct such engine to



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 77





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By-laws, Traffic Regulation, Road Obstruction, Fitzherbert Road Board