Section 46 — AKTA JALAN, PARIT DAN BANGUNAN 1974

(a)

builds, erects, sets up or maintains or permits to be built, erected or set up or maintained any wall, fence, rail, post or any accumulation of any substance, or other obstruction, in any public place;

(b)

without the prior written permission of the local authority covers over or obstructs any open drain or aqueduct along the side of any street;

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(c)

deposits or causes to be deposited any box, bale or package or merchandise, utensils, crockery, or other article or thing in any public place for a longer time than is necessary for loading or unloading such merchandise or article;

(d)

deposits or causes to be deposited any goods, article or thing used for or in connection with his trade in any public place;

(e)

deposits or causes to be deposited timber, scrap iron, derelict vehicles or any part thereof, waste materials or other article or thing in any public place;

(f)

deposits or causes to be deposited garden refuse, kitchen refuse or trade refuse or any other article or thing in any public place; or

(g)

causes or allows any vehicle to rest on any footway, shall be guilty of causing an obstruction and may be arrested without warrant by any police officer or any officer or employee of the local authority authorized in writing in that behalf by the local authority and taken before a Magistrate’s Court and shall be liable on conviction to a fine not exceeding five hundred ringgit, and in the case of a second or subsequent conviction to a fine not exceeding one thousand ringgit.

Presumption

(2)

If it is shown in any case that any article or thing has been deposited in or upon any public place in proximity to any building or land in contravention of subsection (1) it shall be presumed unless the contrary is proved that the offence was committed by or by the permission of the occupier of such building or land.

Power to remove obstruction

(3)

(a)

The local authority may cause any such obstruction to be removed or may itself through its servants remove the same to a

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suitable place, there to remain at the risk of the owner or person offending and may detain the same until the expenses of removal and detention are paid.

(b)

The local authority shall certify such expenses to the owner or the person offending and the certificate of the local authority shall be conclusive proof of the sum due.

(c)

Such sum shall be recoverable in the manner hereinafter provided.

Temporary obstructions on occasions of festivals, etc.

(4)

Nothing herein shall prevent the local authority from allowing any temporary erections in any public place or the temporary use of any part of a public place on occasions of festivals and ceremonies.

Depositing dirt on streets, etc.