1062
THE NEW ZEALAND GAZETTE.
[No. 41

Special Order made by the Avon Road Board, County of Selwyn, making By-laws.

Colonial Secretary’s Office.
Wellington, 2nd May, 1905.

THE following special order, made by the Avon Road Board, is published in accordance with the provisions of “The Road Boards Act, 1882.”

ALBERT PITT,
For Colonial Secretary.

AVON ROAD BOARD, COUNTY OF SELWYN.

SPECIAL ORDER made by the Avon Road Board at a Special Meeting held on Wednesday, the 29th day of March, 1905.

THE following by-law for regulating the erection and construction of privies, closets, ashpits, the removal of nightsoil, and the prevention of nuisances, within those parts of the Avon Road District hereinafter described, and for imposing penalties for the breach of this by-law, be now confirmed and adopted in form of special order.

BY-LAW OF THE AVON ROAD BOARD.

In pursuance of the powers and authorities contained in “The Public Health Act, 1900,” and in “The Road Boards Act, 1882,” and the Acts amending the same respectively, and of all other powers in that behalf thereunto enabling or otherwise vested in them, the Inhabitants of the Avon Road District, by the Avon Road Board, do hereby make and ordain the following by-law:—

1. The Short Title of this by-law shall be “By-law No. 1, 1905.”

2. This by-law shall apply to and shall be in force in those parts of the Avon Road District described in the Schedule hereto.

3. In the interpretation of this by-law the following words and phrases shall have the meanings hereby assigned to them, unless there is something in the subject-matter or the context inconsistent with such meaning:—

“Avon Road District” or “road district” means the Avon Road District constituted under “The Road Boards Act, 1882,” and its amendments.

“Road Board” or “Board” means the Avon Road Board.

“Inspector” means the Clerk or any other person appointed by the Road Board as Inspector of Nuisances for the time being within the said road district.

“Office” means the office of the Road Board.

“The” or “such areas” means all such part or parts of the road district as are mentioned in the Schedule hereto.

“Person” includes a firm, also a corporation, and the owner and occupier and the agent of any land within such areas.

Words importing the masculine gender include the feminine.

Words importing the singular number include the plural, and words importing the plural include the singular.

With Respect to Nightsoil, Closets, and Privies.

1. From and after the date upon which this by-law comes into operation no person shall make, build, or erect, or permit or suffer to be made, built, or erected, any cesspool or cesspit, or any or any other like receptacle for nightsoil on any land situated within the areas to which this by-law applies, or cover with earth or bury, or permit or suffer to be covered with earth or buried, any nightsoil on any such land, or place, conduct, or drain, or continue to place, conduct, or drain, any nightsoil in or into any cesspool or cesspit erected and being on any such land, or deposit or place any nightsoil in any place or receptacle on such land except in a nightsoil-pan placed in a privy or closet on such land.

2. No person shall drain nightsoil or permit the same to be drained or flow into any channel, ditch, or drain on any land situated within such areas, or into any river, stream, or watercourse on or adjoining any such land, or into any drain or ditch upon the line or within the limits of any roads, streets, or ways within such areas.

3. No person shall spill or cast, or permit or suffer any nightsoil to be spilt or cast, upon any land, street, road, or way within such areas.

4. No person shall remove, cart away, or permit to be removed or carted away, any nightsoil from any land situated within such areas, or from any building, closet, or privy being thereon, without authority in writing from the Road Board.

5. From and after the date upon which these by-laws shall come into operation, if in the opinion of the Road Board any privy or closet or other building or other receptacle for the deposit of nightsoil, or any nightsoil-pan erected or being upon any land within such areas (except where such privy, closet, or other building is connected with the public sewers), is a nuisance or likely to become a nuisance or injurious to health, the Road Board may order the owner or occupier of any such land—

(a.) To abolish such privy, closet, or other building, receptacle, or nightsoil-pan.

(b.) To amend, alter, construct, or reconstruct the same or any part thereof, and to furnish the same so as to make the same conform with this by-law as hereinafter mentioned, and to satisfy the requirements thereof.

6. Every person who shall at any time after the date of the coming into operation of this by-law construct a closet or privy (except where such privy or closet is connected with the public sewers) on any land situate within such areas shall construct and furnish the same in manner hereinafter provided.

(a.) He shall furnish such privy or closet with a reservoir or receptacle of suitable construction and of adequate capacity for dry earth or other deodorising substance, and he shall construct and fix such reservoir or receptacle in such manner and in such position as to admit of ready access to such reservoir or receptacle for the purpose of depositing therein the necessary supply of dry earth or other deodorising substance.

(b.) He shall construct or fix in connection with such reservoir or receptacle suitable means or apparatus for the frequent and effectual application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in any nightsoil-pan for filth constructed or used in or in connection with such closet.

(c.) He shall also place and provide in or in connection with such closet or privy a nightsoil-pan so that the position and adjustment of such pan may admit of the frequent and effectual application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in such pan.

(d.) He shall also construct such closet or privy so that the contents of such pan may not at any time be exposed to any rainfall or to the drainage of waste water or liquid refuse from any adjoining premises.

(e.) He shall also construct such pan of such material and in such manner as to prevent any absorption by any part of such pan of any filth deposited therein, or any escape by leakage or otherwise of any part of the contents of such pan.

(f.) He shall construct such pan so that the bottom or floor thereof shall be in every part at least three inches above the level of the surface of the ground adjoining such pan.

(g.) He shall construct such closet or privy in such a manner and in such a position as to afford ready means of access thereto for the purpose of cleaning the same and of removing filth therefrom, and in such manner and in such a position as to admit of all filth being removed from such privy or closet, and from the premises to which such privy or closet may belong, without being carried through any dwellinghouse.

(h.) He shall provide such privy or closet with a sufficient opening for ventilation as near to the top as practicable, and communicating directly with the external air.

(i.) He shall construct such privy or closet in such manner as to afford adequate access to the space beneath the seat thereof for the purpose of cleaning such space or of removing therefrom or placing and fitting therein the appropriate pan for filth.

(j.) No privy or closet shall have an opening directly on any road, street, or public place within such areas.

With Respect to Nightcarts.

1. No person shall convey any nightsoil along any street or road within such areas between the hours of 7.30 a.m. and 6.30 p.m.

With Respect to Nuisances.

1. No person shall lay or construct a drain under any public or private street or road, footpath or right-of-way, within such areas except such as shall be made or built of iron, stone, brick, glazed pipes, or concrete, and except with the consent in writing of the Road Board being first obtained.