By-law 13: Throwing objects, etc., from buildings and dangerously positioned objects

(1) No person shall endanger the life of, or cause any injury to, any person or cause damage to any property within the Town or cause any nuisance, annoyance or inconvenience to any person by throwing, or allowing to fall, from his flat or any part of the building in a housing estate within the Town, any pot, plant, ornament, article, object or substance.

(2) No person shall place any pot, plant, ornament, article, object or substance on or at any window-sill, corridor or other part of the common property in such manner which, in the opinion of the Town Council, is likely to –

a) endanger the life of any person;
b) cause injury to any person; or
c) cause damage to that or other common property or the property of any other person.

(3) The Town Council may, by notice in writing, direct any owner or occupier of a flat within the Town to remove, within 7 days after the date of receipt of such notice, any pot, plant, ornament, article, object or substance placed on or at any window-sill, corridor or other part of the common property outside the flat in contravention of paragraph (2).

(4) Where the owner or occupier of a flat fails to comply with the notice of the Town Council under paragraph (3), the Town Council may remove and detain the pot, plant, ornament, article, object or substance, as the case may be, and the amount of the expenses incurred by the Town Council in such removal and detention shall be recoverable from the owner or occupier of the flat.

(5) Where, in the opinion of the Town Council, any pot, plant, ornament, article, object or substance placed on or at any window-sill, corridor or other part of the common property in contravention of paragraph (2) is an imminent danger to life or person, the Town Council may remove and detain such pot, plant, ornament, article, object or substance without any notice under paragraph (3).

(6) The Town Council shall immediately give written notice to the owner or occupier of the flat or other person having lawful possession of the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (4) or (5) that he may, on payment of the expenses incurred by the Town Council in such removal and detention, claim possession of it from the Town Council within 30 days after the date of receipt of such notice given under paragraph.

(7) If the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (4) or (5) is not claimed within the period specified in paragraph (6) by the owner or occupier of the flat or other person who had lawful possession thereof when it was removed and detained, the Town Council may –

a) dispose of such pot, plant, ornament, article, object or substance by public auction or otherwise; and
b) apply the proceeds of the sale to the expenses incurred by the Town Council in the removal and detention, and the surplus, if any, shall be paid to such owner, occupier or other person.

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