1784
THE NEW ZEALAND GAZETTE.
[No. 52

“Inspector of Nuisances” means the Inspector of Nuisances for the time being appointed by the Board, or if there be no such Inspector appointed, then the Clerk of the Board shall be deemed the Inspector of Nuisances for the purpose of these by-laws;

“Occupier” in respect of any premises means the person by 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 the case of any premises not actually occupied by any person means the owner of such premises;

“Owner” in respect 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;

“Offensive matter” includes offal, putrid or decayed animal or vegetable matter or fish, the refuse of fruit and vegetable, carrion, dead animals, and any other matter giving off an offensive odour or being in any way injurious to health;

“Person” and words applying to any person or individual shall include a body of persons whether incorporated or unincorporated;

“Road” includes street, and also any footpath and crossing, and the whole land between the fences on either side of a road or street;

“An offence” shall mean an offence against these by-laws, and shall include the omission or neglect to comply with any part thereof.

Where not inconsistent, words, phrases, and designations herein used which appear in the interpretation clauses of any of the Acts under which these by-laws are made shall have and include the interpretation given thereto by such Acts.

PART “A.”—CARE AND MANAGEMENT OF ROADS.

A 1.—Protection of Footpaths.

No person shall drive, ride, or lead any horse or other animal, or wheel any barrow or other vehicle, or ride any cycle or other vehicle, upon or along any footpath.

A 2.—Preventing the Dragging of Material.

No person shall drag or allow to be dragged on a road timber or other heavy material not being wholly raised above the ground on wheels.

A 3.—Cattle wandering, &c.

No person shall permit any cattle to be at large without proper guidance, or to wander, or to be herded, drafted, or grazed upon any road.

A 4.—Obstructing by Vehicles, &c.

No person shall allow to remain upon any road any vehicle having no horse or other animal harnessed thereto, or any plough, harrow, reaping, threshing, or other machine; and no person shall leave any vehicle with any horse or animal harnessed thereto on any road unless one of the wheels is fastened to the vehicle by a chain.

A 5.—Obstruction by Materials.

No person shall leave any timber, bricks, stone, hedge-clippings, rubbish of any description, building or other material upon any road, or upon or over any channel or surface drain in any road, without the permission in writing of the Board having been first obtained.

A 6.—Offensive Droppings.

No person shall spill or cast or allow any nightsoil or other offensive matter to be spilt or cast into or upon any road, or any land, building, or erection adjacent to such road.

A 7.—Offensive Drainage.

No person shall cause or permit any offensive matter or offensive liquid to run from any land, manufactory, building, or place into or upon any road, or any right-of-way, or any footpath, or channel, or ditch.

A 8.—Rubbish Deposits, &c.

No person shall throw, or leave, or deposit upon any road or vacant allotment within the district any offensive matter, or any bottles, earthenware, china, or rubbish of any description.

A 9.—Burning Litter, &c.

No person shall burn any litter, shavings, straw, or other materials or matter on any road or on any open space near any building without the consent in writing of the Board.

A 10.—Eaves-droppings.

No person shall allow any droppings of the eaves of any house, erection, or verandah to fall upon any road.

A 11.—Regulation of Bicycles, Motor-cars, &c.

No person shall use or permit to be used any bicycle, tricycle, or motor-car, or any other vehicle not propelled by a horse or other animal, in or upon any road after sunset and before sunrise unless, in the case of a bicycle or tricycle, the same shall be provided with a lamp, which shall be lighted and placed in a conspicuous place in the front of such bicycle or tricycle; or, in the case of a motor-car or any such other vehicle, the same shall be provided with a light on each side of such motor-car or vehicle. And no person shall at any time use or permit to be used on any road any bicycle, tricycle, motor-car, or other vehicle as aforesaid unless the same shall be provided with an alarm-bell or a horn, and the rider or driver thereof shall sound such bell or horn when approaching any vehicle or person on horseback, or any person who may be crossing any road, whether on foot or on horseback; and the rider or driver of every such bicycle, tricycle, motor-car, or other vehicle shall observe the rules as to keeping the proper side of the road when meeting or passing vehicles as is prescribed by law for persons driving vehicles.

A 12.—Carrying Lights.

No person shall drive or use any vehicle drawn by one or more horses in or upon any road between sunset and sunrise without carrying a light on each side of such vehicle.

A 13.—Driving round Corners.

No person shall ride or drive any animal or vehicle of any kind round any corner of any road at other than a walking pace.

A 14.—Crossings and Drains on Footpaths.

No person shall construct any crossing across any channel, drain, or footpath, or make any drain under any footpath. All such crossings and drains shall be constructed by the Board, but at the expense of the person requiring the same, and any such crossing or drain shall consist of such material as the Board shall from time to time approve. No person shall allow anything other than storm-water to pass through any drain laid under any footpath. Any person desiring to have a crossing made or drain laid leading from his property into any road shall make a written application in that behalf to the Clerk of the Board, and shall upon receipt of a notice from the Clerk of the Board stating the estimated cost of the construction of such crossing or drain, as the case may be, pay the amount of such estimated cost to the Clerk of the Board before the Board shall proceed with the construction. If any such crossing or drain shall be out of repair, the owner or occupier of the premises from which the same leads, or any person for whose use and benefit the same exists, shall, within seven days after notice in writing from the Clerk of the Board to that effect stating the repairs required, properly and completely repair the same in accordance with such notice, failing which the Board may effect such repairs and recover the cost thereof from such owner, occupier, or person. And in case any such owner, occupier, or person shall make default and fail to comply with such notice within the time therein mentioned he shall be deemed to commit an offence on every day during which he shall be in such default as aforesaid.

A 15.—Carting over Footpaths.

No person shall cart any metal, stone, building or other material across any footpath where there is not a crossing constructed in accordance with By-law A 14 without the consent in writing of the Clerk of the Board on written application made in that behalf, and stating the property to or from which the carting is to be done, first obtained; and the applicant for such consent shall, prior to the issue of such consent, deposit with the Clerk of the Board a sum not exceeding £10 as the Engineer, or, if there be no Engineer, the Clerk of the Board, shall direct as security for the necessary repairs to the footpaths or kerbing which may be caused by carting material or otherwise, and shall obtain a receipt for the same, and upon repairs being completed to the satisfaction of the Engineer or Clerk of the Board, as the case may be, the said deposit shall thereupon be returned, and on failing to execute the necessary repairs after forty-eight hours’ notice so to do from the Clerk of the Board the same shall be done at the cost and risk of the applicant, and the costs thereof deducted from the amount of such deposit.