356
THE NEW ZEALAND GAZETTE.
[No. 8

Any person committing a breach of these by-laws shall be guilty of an offence, and shall be liable to a penalty not exceeding five pounds for every such offence, and in case of a continuous offence to a penalty of not more than five pounds for each day during which such offence continues.

PART II.

CARE AND MANAGEMENT OF ROADS.

Protection of footpaths.

1. No person shall 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.

Preventing the dragging of material.

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

Cattle wandering, &c.

3. No person shall permit any cattle to be at large without proper guidance, or to wander or to be herded or grazed upon any road other than in the ordinary course of driving stock.

Obstruction by vehicles, &c.

4. 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.

Obstruction by materials.

5. No person shall leave any timber, bricks, stone, 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.

Offensive droppings.

6. 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.

Offensive drainage.

7. 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.

Rubbish-deposits, &c.

8. No person shall throw, 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.

Burning litter, &c.

9. 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.

Eaves-droppings.

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

Regulation of bicycles, motor-cars, &c.

11. 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 any 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.

Carrying lights.

12. 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.

Driving round corners.

13. 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.

Damage through dogs.

14. If any dog shall, on any road within the district, rush at, attack, or startle any person, or any horse, cattle, or other animal, whereby the life or limbs of any person shall be endangered, or any property be injured or endangered, the owner of such dog, or the person in charge of such dog, shall be guilty of an offence.

Crossings and drains on footpaths.

15. 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 such 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.

Carting over footpaths.

16. 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 No. 15 of Part II 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.

PART III.

DWELLING-SITES.

Dwelling-site areas.

1. Except as provided by next succeeding by-law (No. 2), no person shall erect a new house in the district upon a site of a less area than one-quarter of an acre, and unless such site shall have a frontage of at least 66 ft. to a road.

Exceptions.

2. The preceding by-law (No. 1) shall not apply to prevent the erection of one new house on an allotment, lot, or section which does not comply with the requirements of said By-law No. 1, but which is shown on any public plan or on any plan lodged or deposited in the Deeds Registration Office or the District Land Register Office at Auckland prior to the 12th day of December, 1905, or on a site owned at the date of these by-laws by a person not owning any adjoining land, or to prevent the erection of a shop with dwelling-rooms attached upon any site having frontage to the main Auckland–Onehunga Road and situated within the “special area”: Provided that in the erection of such shop and dwelling-room provision shall be made for the disposal of sewage and offensive matter from such shop and dwelling-rooms thereto attached in accordance with any general conditions for such disposal which may be made by the Board in respect of the special area, or such portion thereof in which such shop is intended to be erected, as the case may be.

Air-spaces.

3. No person shall erect a new house in the district unless he shall provide at the side or in the rear thereof an open space exclusively belonging to such house and of an aggregate area of not less than 600 square feet: Provided that such open space shall extend throughout the entire width, or, in the