By-Laws

Rule

• Citation and commencement
• Model by-laws for every Town Council
• Saving

  The Schedule

In exercise of the powers conferred by section 82 of the Town Councils Act 1988, the Minister for National Development makes the following Rules:


Citation and commencement

• These Rules are the Town Councils (Model By-laws) Rules 2026 and come into operation on 1 June 2026.


Model by-laws for every Town Council

• For the purposes of section 28(1A) of the Act, the model by-laws for every Town Council are set out in the Schedule.


Saving

• Without affecting section 16 of the Interpretation Act 1965, the Schedule does not —

(a) affect the previous operation of any by-laws of a Town Council that —

(i) relate to the use and management of the common property or open spaces within the Town of the Town Council concerned; and

(ii) were in force immediately before 1 June 2026 but cease to have force by virtue of section 33(3) of the Town Councils (Amendment) Act 2017,

(called in this rule the former by-laws), or anything duly done or suffered under any former by-laws;

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under any former by-laws;

(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any former by-laws; or

(d) apply to any thing removed and detained before 1 June 2026 by a Town Council under any former by-laws.

THE SCHEDULE



MODEL BY-LAWS
ARRANGEMENT OF BY-LAWS



PART 1
PRELIMINARY



By-law

• Definitions


PART 2
VEHICLE USE ON COMMON PROPERTY



• Riding, etc., of vehicles on common property which is not public path
• Unlawful parking of vehicles
• Repairing, painting, etc., of vehicles


PART 3
CONDUCT OF ACTIVITIES ON COMMON PROPERTY



• Sale of goods or services on common property
• Bathing, etc., in water features
• Unauthorised entertainment
• Unauthorised games
• Unauthorised entry into lift motor rooms, etc.
• Unauthorised use of water service or electricity installations
• Obstruction of lawful use of other common property
• Throwing objects from buildings, etc., and dangerously positioned objects


PART 4
LITTER, WASTE DISPOSAL AND ENVIRONMENTAL MATTERS



• Littering on common property
• Keeping animal, etc., from soiling common property
• Damage to common property
• Unauthorised fixtures and signs
• Obstruction of refuse chutes or sanitary plumbing system


PART 5
REMOVAL, DETENTION AND DISPOSAL OF OBJECTS



• Special provisions in relation to removal, etc., of vehicles
• Disposal of unclaimed vehicles
• Removal notice
• Disposal of unclaimed objects removed under removal notices, etc.
• Reinstatement notice


PART 6
MISCELLANEOUS



• By-laws not to prevent discharge of statutory duties
• By-laws not to affect public right of way in public paths

PART 1
PRELIMINARY



Definitions



• In these By-laws —

“battery-operated cart” means a battery-operated lightweight vehicle designed or adapted for collecting or transporting refuse or domestic waste;

“bicycle” has the meaning given by section 2(1) of the Active Mobility Act 2017;

“building” means a building vested in or belonging to the Board in a housing estate within the Town, and includes part of such a building;

“building works” means —

(a) the erection, extension or demolition of a building or structure; or

(b) the alteration, renovation, addition or repair of a building or structure;

“business” includes any business in Singapore, whether or not carried on for profit;

“common property”, in relation to a Town, means the common property within any residential property or commercial property in a housing estate within the Town;

“construction debris” means any debris resulting from the carrying out of any building works;

“construction material” means any sand, cement, tiles or other construction material used or to be used in any building works;

“fixture” includes any device, screen or structure;

“flat” means a flat comprised in any residential or commercial property in a housing estate;

“game” means a sport, sporting activity or game involving physical activity;

“litter” includes any solid or liquid waste (whether commercial or domestic), and includes, for example, any glass, metal, cigarette butt, plastic, paper, fabric, wood, food, abandoned object, abandoned vehicle or vehicle part, construction material or construction debris, discarded containers, garden remnants or clippings, soil, sand, rocks, garbage or recyclable waste;

“mechanised sweeper” has the meaning given by section 2(1) of the Active Mobility Act 2017;

“mobility vehicle” means a mobility scooter or a motorised wheelchair within the meaning given by section 2(1) of the Active Mobility Act 2017;

“non-compliant mobility vehicle” has the meaning given by section 2(1) of the Active Mobility Act 2017;

“object” includes any article, pot, plant, ornament, material, substance (whether liquid or solid) or other thing;

“park”, in relation to a vehicle, means to bring the vehicle to a stationary position and cause the vehicle to remain in that position for any purpose;

“permission”, in relation to a Town Council, means prior written permission;

“personal mobility device” has the meaning given by section 2(1) of the Active Mobility Act 2017;

“power-assisted bicycle” has the meaning given by section 2(1) of the Active Mobility Act 2017;

“public path” means a public path declared under section 6 of the Active Mobility Act 2017 which lies on common property;

“sign” includes a signal, warning sign post, direction post, banner, or notice or an advertisement;

“vehicle” means a vehicle, whether mechanically propelled or not, intended or adapted for use on a public path or road, such as (but not limited to) a bicycle or power-assisted bicycle and includes a personal mobility device, but excludes any mobility vehicle.


PART 2
VEHICLE USE ON COMMON PROPERTY



Riding, etc. of vehicles on common property which is not public path




• —(1) An individual must not, without the permission of the Town Council for a Town, use, ride or drive a vehicle on any common property within the Town, knowing or having reasonable cause to believe that the common property is not a public path.

  (2) To avoid doubt, paragraph (1) does not prevent the use, riding or driving on any common property within a Town of —

  (a) a pram or stroller;

  (b) a wheeled toy (within the meaning given by section 2(1) of the Active Mobility Act 2017);

  (c) a wheelchair or a mobility vehicle (other than a non compliant mobility vehicle) by an individual who is unable to walk or has difficulty in walking; or

  (d) a mechanised sweeper or battery-operated cart by an individual in the course of his or her employment, which is to sweep or otherwise clean common property.

  (3) An individual must not ride a mobility vehicle mentioned in paragraph (2)(c) on any common property within the Town in excess of 6 kilometres per hour.

  (4) An individual must not ride or drive a mechanised sweeper or battery-operated cart mentioned in paragraph (2)(d) on any common property within the Town in excess of 25 kilometres per hour.

  (5) This by-law does not apply to common property that is a public path.


Unlawful parking of vehicles




• —(1) An individual must not park a vehicle on any common property within a Town —

  (a) that is not an area designated by the Town Council for the Town for the parking of that vehicle; or

  (b) for a continuous period of more than 7 days, regardless that it is an area designated by the Town Council for the parking of that vehicle.

  (2) Paragraph (1) does not apply to any parking by an individual if he or she has the permission of the Town Council concerned to do so.


Repairing, painting, etc., of vehicles




• —(1) A person must not —

  (a) intentionally repair, paint, spray, test or service, or intentionally cause or permit to be repaired, painted, sprayed, tested or serviced; or

  (b) intentionally wash, or intentionally cause or permit to be washed,

  a vehicle on any common property within a Town.

  (2) Paragraph (1)(a) does not apply to repairs that are reasonably necessary for the removal of the vehicle from the common property.


PART 3
CONDUCT OF ACTIVITIES ON COMMON PROPERTY



Sale of goods or services on common property




• —(1) A person must not, without the permission of the Town Council for a Town do, or cause or permit the doing of, any of the following:

  (a) sell, or offer, expose or advertise for sale, any goods or services on any common property within the Town;

  (b) set up or use, on any common property within the Town, any stall, table, show board, vehicle or receptacle for the purpose of selling, or offering, exposing or advertising for sale, any goods or services.

  (2) This by-law does not prohibit an individual who only distributes a circular, pamphlet, flyer, handbill or like document promoting the sale or advertising of any goods or services, without selling the goods or services, or transferring the possession of the goods or performing the services.


Bathing, etc., in water features




• An individual must not —

  (a) intentionally bathe, wade, swim or fish in;

  (b) intentionally wash any thing in; or

  (c) intentionally or negligently cause or permit any animal kept by the individual or in the individual's charge to enter or remove any thing from,

  a pond, fountain, lake or any other water feature that is part of any common property within a Town, where he or she knows, or ought reasonably to know, that the pond, fountain, lake or any other water feature is part of that common property


Unauthorised entertainment




• —(1) Subject to paragraph (3), a person must not, without the permission of the Town Council for a Town, intentionally do, or cause or permit the doing of, any of the following on any common property within the Town:

  (a) take part in or stage a performance in the course of any business;

  (b) make a film for a commercial purpose;

  (c) conduct, organise or arrange an event that —

  (i) obstructs the lawful use of or lawful public access to the common property or a part of the common property; or

  (ii) requires the exclusive use of the common property or part of the common property at any time during the event;

  (d) conduct, organise or arrange any lesson, coaching or instruction for a sport or sporting activity;

  (e) use any means of amplification or public address system.

  (2) In this by-law —

  “event” includes a funeral, a solemnisation of a marriage, a wedding and a birthday celebration;

  “performance” includes a play, show, dance or speech.

  (3) This by-law does not prohibit an individual from taking a photograph or making a short film using a handphone solely for his or her personal use or enjoyment and not in the course of any business.


Unauthorised games




• —(1) Subject to paragraphs (2) and (3), games are permitted to be played on any common property within a Town.

  (2) An individual must not take part in a game on any common property within a Town —

  (a) that is —

  (i) a general no-play zone; or

  (ii) a specific no-play zone for that game; and

  (b) knowing that, or being reckless as to whether, it is a general no-play zone or a specific no-play zone for that game, as the case may be.

  (3) An individual must not, without the permission of the Town Council for a Town, take part in a game that, by reason of its rules or manner of participation, necessitates at any time during the continuance of the game the exclusive use by the participants on a permanent or recurring basis of a part of the common property within a Town.

  (4) In this by-law —

  "appropriate notice" for a general no-play zone or a specific no-play zone, means any of the following:

  (a) a notice affixed on or set up in a conspicuous place in or at the boundaries of the zone;

  (b) a notice given, affixed or set up in any other manner that will secure adequate publicity to the general public of the designation by the relevant Town Council of the area as a general no-play zone or a specific no-play zone, as the case may be;

  "general no-play zone" means a part of the common property within a Town that is designated by the Town Council for the Town, by an appropriate notice, as an area where the playing of all games is prohibited during the specified hours, so as —

  (a) to prevent serious damage to that part of the common property; or

  (b) to avoid causing danger or discomfort to any other individual on that part of the common property or residents of the housing estate in the immediate vicinity of that part of the common property;

  "specific no-play zone", in relation to a game, means a part of the common property within a Town that is designated by the Town Council for the Town, by an appropriate notice, as an area where the playing of a type of game specified in the notice is prohibited during the specified hours, so as —

  (a) to prevent serious damage to that part of the common property; or

  (b) to avoid causing danger or discomfort to any other individual on that part of the common property or residents of the housing estate in the immediate vicinity of that part of the common property.

  “specified hours”, for a general no-play zone or specific no-play zone, means —

  (a) if the appropriate notice for the general no-play zone or specific no-play zone specifies any hours of a day during which the part of the common property within the Town is designated as such general no-play zone or specific no-play zone — those hours specified in the notice; or

  (b) in any other case — all hours of every day.


Unauthorised entry into lift motor rooms, etc.




• An individual must not, without the permission of the Town Council for a Town, intentionally enter —

  (a) a lift motor room, pump room, switch room or roof top that is located on any common property within the Town; or

  (b) any common property within the Town that —

  (i) is a fenced enclosure, building or room; and

  (ii) contains an installation for the use or supply of water or electricity.


Unauthorised use of water service or electricity installations




• A person must not, without the permission of the Town Council for a Town, intentionally draw, divert or take —

  (a) water from a tap, pipe or water service installation for the supply of water situated on any common property within the Town; or

  (b) electricity from a socket, an electrical supply line or an electrical installation for the supply of electricity situated on any common property within the Town.


Obstruction of lawful use of other common property




• —(1) A person must not intentionally place or deposit, or erect or install, on any part of the common property within a Town any object or fixture —

  (a) that obstructs the lawful use of or lawful public access to the common property or that part of the common property; and

  (b) knowing that, or being reckless as to whether, the object or fixture obstructs the lawful use of or lawful public access to the common property or that part of the common property.

  (2) An individual must not, without the permission of the Town Council of a Town, intentionally put in place any object, equipment, furniture or bedding on any part of the common property within the Town for the purpose of —

  (a) the individual or another individual staying overnight or sleeping; or

  (b) the individual or other person obtaining exclusive use of that part of the common property otherwise than on a temporary or non-recurring basis.

  (3) An individual must not, without the permission of the Town Council for a Town, intentionally use a lift that is common property within the Town in a manner that unreasonably interferes with the use of the lift by other individuals lawfully present in the building.

  (4) In this by-law, “object” does not include a vehicle.


Illustrations




A places a large couch on common property that effectively cordons the surrounding area for A’s private use, or that impedes movement across the common property. A has contravened by-law 11.

A uses an object to keep the lift door open at a floor for the purpose of transporting several large items, such that people on other floors are unable to use the lift. A has contravened by-law 11.


Throwing objects from buildings, etc. and dangerously positioned objects




• —(1) An individual must not —

  (a) intentionally or rashly throw an object, or cause or permit an object to be thrown; or

  (b) intentionally or negligently allow an object to fall,

  from —

  (c) a flat within a Town (whether or not owned or occupied by the person); or

  (d) any building within or outside a Town,

  onto common property within the Town that, by the nature of the object or the way it is thrown or allowed to fall, does, or is likely to, damage the common property or other property or injure another individual or an animal.

  (2) An individual must not place, or allow to be placed, an object on or at a window sill, corridor or other part of the common property within a Town knowing that, or reckless as to whether, if the object falls, it is, by the nature of the object or the fall, likely to damage the common property or other property or injure another individual or an animal.


PART 4
LITTER, WASTE DISPOSAL AND ENVIRONMENTAL MATTERS



Littering on common property




• —(1) A person must not intentionally place or deposit, or cause to be placed or deposited, any litter on any common property within a Town except —

  (a) in a place or a receptacle that the Town Council for the Town has provided for litter; or

  (b) in a public waste receptacle.

  (2) A person must not intentionally place or deposit, or cause to be placed or deposited, any litter in a place, receptacle or public waste receptacle mentioned in paragraph (1) that, by the nature of the litter or the way it is placed or deposited, the litter or part of the litter escapes or is likely to escape into or onto the common property within a Town.

  (3) In this by-law, "public waste receptacle" means a receptacle that a public waste collector license (within the meaning given by section 2 of the Environmental Public Health Act 1987) has provided for refuse.


Keeping animal, etc. from soiling common property




• An individual who keeps an animal or bird must —

  (a) supervise the animal or bird when it is on common property within a Town; and

  (b) take any action that is necessary to clean all areas of the common property that are soiled by the animal or bird.


Damage to common property




• A person must not, except with permission of the Town Council of a Town —

  (a) intentionally damage any lawn or garden that is part of or situated on common property within the Town;

  (b) intentionally cut, remove or pick —

  (i) any tree, shrub or plant; or

  (ii) any flower, fruit or other product of a tree, shrub or plant,

  that is part of or situated on common property within the Town;

  (c) intentionally remove, destroy, damage (such as by painting or driving nails or screws) or deface any common property within the Town or any fixture that forms part of that common property;

  (d) intentionally cut or break open any lock, seal, fastener or other similar device placed or connected by the Town Council on or to any common property within the Town; or

  (e) intentionally remove any sand, rocks, earth or soil from any common property within the Town.


Unauthorised fixtures and signs




• A person must not, without the permission of the Town Council for a Town —

  (a) intentionally erect or install any fixture on any common property within the Town; or

  (b) intentionally display, or cause or permit to be displayed, a sign on any common property within the Town.


Obstruction of refuse chutes or sanitary plumbing system




• —(1) A person must not —

  (a) intentionally place or deposit, or cause to be placed or deposited, into a refuse chute of a building, or a standalone pneumatic waste conveyance system within any common property, within a Town any thing in such manner that, by the nature of the thing or the way it is placed or deposited —

  (i) seriously damages, or chokes or clogs the refuse chute or standalone pneumatic waste conveyance system;

  (ii) obstruct the free fall of refuse in the refuse chute or standalone pneumatic waste conveyance system; or

  (iii) cause danger, nuisance, annoyance or inconvenience to other occupiers of the building or common property; and

  (b) place or deposit, or cause or permit to be placed or deposited, any thing knowing that, or being reckless as to whether, by the nature of the thing or the way it is placed or deposited, it is likely to —

  (i) damage, or choke or clog the refuse chute or standalone pneumatic waste conveyance system;

  (ii) obstruct the free fall of refuse in the refuse chute or standalone pneumatic waste conveyance system; or

  (iii) cause danger, nuisance, annoyance or inconvenience to other occupiers of the building or common property.

  
  Illustration

  
  

  A places smouldering embers of charcoal into a refuse chute. A has contravened by-law 17.

  
  

  (2) A person must not intentionally place or deposit or otherwise introduce into any part of the sanitary plumbing system in a building within a Town any litter or object that is not appropriate for any such disposal, knowing that, or being reckless as to whether, the litter or object is not appropriate for any such disposal.

  (3) In this by-law —

  “sanitary plumbing system” means any of the following:

  (a) a network of pipes that enable any sewage or sullage water to be conveyed from a sanitary appliance or floor trap to a drain-line;

  (b) a main vertical discharge pipe that is a discharge stack;

  (c) any ventilating pipe, ventilating stack, floor trap, pump, fitting or any other related appurtenance;

  “standalone pneumatic waste conveyance system” has the meaning given by section 11(3) of the Environmental Public Health Act 1987.


PART 5
REMOVAL, DETENTION AND DISPOSAL OF OBJECTS



Special provisions in relation to removal, etc. of vehicles




• —(1) The secretary of the Town Council for a Town or an officer authorised by the Town Council (called an authorised officer) may —

  (a) move, or cause to be moved, to a suitable holding place a vehicle that —

  (i) is parked in contravention of by-law 3 as it applies to the Town; or

  (ii) appears to have been abandoned on any common property within the Town; or

  (b) immobilise a vehicle mentioned in sub-paragraph (a) by affixing an immobilisation device to the vehicle to prevent the removal of the vehicle.

  (2) For the purpose of exercising a power of moving a vehicle under paragraph (1), the secretary of a Town Council or an authorised officer may, with such assistance as he or she considers necessary, move the vehicle by any reasonable means, including —

  (a) by driving, riding or towing it to a holding place; and

  (b) by cutting or breaking open any lock, seal, fastener or other similar device on or connected to the vehicle in order to move the vehicle.

  (3) The secretary of a Town Council or an authorised officer (as the case may be) must, as soon as practicable after a vehicle is moved or caused to be moved to a holding place or is immobilised under paragraph (1), give a written notice in accordance with paragraph (4) setting out the procedure by which an owner of the vehicle may secure its release.

  (4) The written notice in paragraph (3) by the secretary of a Town Council or the authorised officer —

  (a) if the vehicle was moved to a holding place, must be given —

  (i) to the owner (if known) in accordance with section 81 of the Act; or

  (ii) if the owner is unknown, by posting the notice on a part of the common property from which the vehicle was moved; or

  (b) if the vehicle was immobilised, must be given by affixing the notice on the windscreen or a conspicuous part of the vehicle.

  (5) A vehicle that is moved to a holding place under paragraph (1) must be detained there until it is released by order of the Town Council concerned or sold or disposed of in accordance with by-law 19.

  (6) A person must not, without the authorisation of the secretary of a Town Council or an authorised officer —

  (a) intentionally or dishonestly remove or attempt to remove any immobilisation device affixed to the vehicle under this by-law; or

  (b) intentionally or dishonestly remove or tamper with any written notice under paragraph (3) after the notice is affixed on the vehicle under paragraph (4)(b).

  (7) In this by-law, “immobilisation device” means a device or an appliance that —

  (a) is designed or adapted to be fixed to a part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion; or

  (b) is of such type approved by the secretary of a Town Council or an authorised officer for the purposes of this by-law.


Disposal of unclaimed vehicles




• —(1) Any vehicle that is moved to a holding place or immobilised under by-law 18(1) becomes unclaimed if, at the end of 7 days after the day on which the written notice in by-law 18(3) is given (or after any later date that the secretary of the Town Council or authorised officer (as the case may be) may specify in the written notice) —

  (a) there is no person who appears, to the satisfaction of the Town Council concerned, to be the owner of the vehicle; or

  (b) there is such a person, but that person has not exercised his or her right to recover the vehicle by a claim.

  (2) Where any vehicle which is moved to a holding place or immobilised under by-law 18(1) by the secretary of a Town Council or an authorised officer becomes unclaimed, the secretary of the Town Council or authorised officer (as the case may be) may, after giving one month’s notice (or after any later date that the secretary of the Town Council or authorised officer (as the case may be) may specify in the notice) of his or her intention to do so —

  (a) sell by public auction or tender the vehicle and any uncollected item left in or on the vehicle; or

  (b) destroy or otherwise dispose of the vehicle and any uncollected item left in or on the vehicle.

  (3) The proceeds of a sale of any vehicle under paragraph (2)(a) by the secretary of a Town Council or an authorised officer must be applied as follows:

  (a) firstly, in payment of the expenses occasioned by the sale;

  (b) secondly, in payment of the removal and storage expenses, or the immobilisation or other expenses, incurred by the Town Council in relation to the vehicle;

  (c) thirdly, in payment of any fines and composition sums payable by the owner of the vehicle for an offence under any of these By-laws in respect of the vehicle;

  (d) fourthly, by payment of the balance (if any) to the person who appears, to the satisfaction of the Town Council concerned, to be the owner of the vehicle or, if not claimed by such a person within 12 months after the date of the sale or disposal, the balance must be forfeited to the Government.

  (4) A purchaser of a vehicle sold in accordance with paragraph (2)(a) acquires good title to that vehicle.

  (5) A notice required under paragraph (2) must be published either in the Gazette or in another manner that will secure adequate publicity for the fact of the intention to —

  (a) sell by public auction or tender the vehicle and any uncollected item left in or on the vehicle; or

  (b) destroy or otherwise dispose of the vehicle and any uncollected item left in or on the vehicle.


Removal notice




• —(1) The secretary of the Town Council for a Town or an officer authorised by the Town Council (called an authorised officer) may, by notice (called a removal notice), require —

  (a) a person who is reasonably suspected to be contravening or have contravened by-law 5(1) to remove or caused to be removed, within the time specified in the notice, any stall, table, show board, vehicle or receptacle set up or used in contravention of that by-law on the common property within the Town;

  (b) a person who is reasonably suspected to be contravening or have contravened by-law 11(1) to remove or caused to be removed, within the time specified in the notice, any object or fixture placed or deposited, or erected or installed, in contravention of that by-law on the common property within the Town;

  (c) an individual who is reasonably suspected to be contravening or have contravened by-law 11(2) to remove or caused to be removed, within the time specified in the notice, any object, equipment, furniture or bedding put in place in contravention of that by-law on the common property within the Town;

  (d) an individual who is reasonably suspected to be contravening or have contravened by-law 12(2) to remove or caused to be removed, within the time specified in the notice, an object placed in contravention of that by-law on or at a window-sill, corridor or other part of the common property within the Town;

  (e) a person who is reasonably suspected to be contravening or have contravened by-law 13(1) or (2) to remove or caused to be removed, within the time specified in the notice, any litter placed or deposited in contravention of that by-law on the common property within the Town; or

  (f) a person who is reasonably suspected to be contravening or have contravened by-law 16(a) or (b) to remove or caused to be removed, within the time specified in the notice, any fixture which is erected or installed, or any sign which is displayed in contravention of that by-law on the common property within the Town.

  (2) Where a person or an individual who is given a removal notice under paragraph (1) fails to comply with the notice, the secretary of a Town Council or an authorised officer who gave the removal notice may remove or cause to be removed the stall, table, show board, vehicle, receptacle, object, fixture, litter, sign, equipment, furniture or bedding (called in this Part the removed thing), as the case may be, to a holding place.

  (3) Where an object is placed on or at any window-sill, corridor or other part of the common property within a Town in such manner that if the object falls, then, by the nature of the object or the fall, it is likely to damage the common property or other property or injure another individual or an animal and, in the opinion of the secretary of the Town Council for the Town or an officer authorised by the Town Council (called an authorised officer) —

  (a) there is a serious and imminent risk that if the object does fall it is likely to injure another individual; and

  (b) it is appropriate or requisite to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public,

  the secretary of the Town Council or authorised officer (as the case may be) may immediately remove or cause to be removed the object to a holding place.

  (4) When a removed thing is removed or caused to be removed to a holding place under paragraph (2) or (3) by the secretary of a Town Council or an authorised officer, the secretary of the Town Council or authorised officer (as the case may be) must, as soon as practicable, give a written notice in accordance with paragraph (5) setting out the procedure by which the owner of the removed thing may secure its return.

  (5) Every removal notice in paragraph (1) or written notice in paragraph (4) must be in writing and must be given in accordance with section 81 of the Act to the relevant person or individual mentioned in paragraph (1) or the owner of the object (as the case may be) where the identity of the person, individual or owner may be ascertained through reasonably practicable steps.

  (6) Any removed thing that is removed to a holding place under paragraph (2) or (3) must be detained there until it is released by order of the Town Council concerned or sold or disposed of in accordance with by-law 21.


Disposal of unclaimed objects removed under removal notices, etc.




• —(1) Where any removed thing is removed to a holding place under by-law 20(2) or (3), it becomes unclaimed if, at the end of 7 days after the day on which the written notice in by-law 20(4) is given (or after any later date that the secretary of the Town Council or authorised officer (as the case may be) may specify in the written notice) —

  (a) there is no person who appears, to the satisfaction of the Town Council concerned, to be the owner of the removed thing; or

  (b) there is such a person, but that person has not exercised his or her right to recover the removed thing by a claim.

  (2) Where any removed thing which is removed to a holding place under by-law 20(2) or (3) by the secretary of a Town Council or an authorised officer becomes unclaimed, the secretary of the Town Council or authorised officer (as the case may be) may, after giving one month’s notice (or after any later date that the secretary of the Town Council or authorised officer (as the case may be) may specify in the notice) of his or her intention to do so —

  (a) sell by public auction or tender the removed thing; or

  (b) destroy or otherwise dispose of the removed thing.

  (3) The proceeds of a sale of any removed thing under paragraph (2)(a) by the secretary of a Town Council or an authorised officer must be applied as follows:

  (a) firstly, in payment of the expenses occasioned by the sale;

  (b) secondly, in payment of the removal and storage expenses, or other expenses, incurred by the Town Council in relation to the removed thing;

  (c) thirdly, in payment of any fines and composition sums payable by the owner of the removed thing for an offence under any of these By-laws in respect of the removed thing;

  (d) fourthly, by payment of the balance (if any) to the person who appears, to the satisfaction of the Town Council concerned, to be the owner of the removed thing or, if not claimed by such a person within 12 months after the date of the sale or disposal, the balance must be forfeited to the Government.

  (4) A purchaser of any removed thing sold in accordance with paragraph (2)(a) acquires good title to that removed thing.

  (5) A notice required under paragraph (2) must be published either in the Gazette or in another manner that will secure adequate publicity for the fact of the intention to —

  (a) sell by public auction or tender the removed thing; or

  (b) destroy or otherwise dispose of the removed thing.


Reinstatement notice




• —(1) Where —

  (a) it appears to the secretary of the Town Council for a Town, or an officer authorised by the Town Council (called an authorised officer) that there is or has been a contravention of by-law 4(1), 8(2) or (3), 9, 10, 11(1) or (2), 12(2), 15, 16(a) or (b) or 17(1) or (2); and

  (b) the common property within the Town is damaged or obstructed as a direct result of that contravention,

  the secretary of the Town Council or authorised officer may by notice (called a reinstatement notice) require a person or an individual who is reasonably suspected to be contravening or have contravened by-law 4(1), 8(2) or (3), 9, 10, 11(1) or (2), 12(2), 15, 16(a) or (b) or 17(1) or (2) (as the case may be) to carry out or cause to be carried out, within the time and in the manner (if any) specified in the reinstatement notice, such repair, works or alteration to the common property or such other remedial action as may be specified in the reinstatement notice so as to reinstate the common property within the Town to its condition before the contravention.

  (2) Every reinstatement notice in paragraph (1) must be given in accordance with section 81 of the Act to the relevant person or individual mentioned in paragraph (1).

  (3) Where a person or an individual who is given a reinstatement notice under paragraph (1) fails to comply with the notice, the secretary of the Town Council or authorised officer who gave the reinstatement notice may —

  (a) carry out or cause to be carried out such repair, works or alteration to the common property or any other remedial action as may be specified in the reinstatement notice; and

  (b) recover all expenses reasonably incurred by the Town Council in the exercise of its powers under this paragraph from the person or individual to whom the reinstatement notice was given, in accordance with section 26 of the Act.


PART 6
MISCELLANEOUS



By-laws not to prevent discharge of statutory duties




• —(1) To avoid doubt, these By-laws do not prevent —

  (a) an officer or employee of the Town Council for a Town, or a person authorised by the Town Council, from doing an act that is reasonably necessary or expedient to enforce these By-laws or the Act;

  (b) an officer or employee of the Board or other statutory authority, or a person authorised by the Board or other statutory authority, from doing an act that is required or authorised by any written law administered by the Board or statutory authority, as the case may be; and

  (c) a police officer in the exercise of any function, power or duty of a police officer in accordance with law with respect to maintaining law and order, preserving public peace, preventing and detecting crimes and offences and assisting in the protection of life and property.

  (2) In this by-law, “police officer” includes a member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004, and an auxiliary police officer appointed under Part 9 of that Act.


By-laws not to affect public right of way in public paths




• To avoid doubt, these By-laws do not affect the rights of the public to pass along a public path within the Town in accordance with the Active Mobility Act 2017.