Malaysia legislation
Section 47
Section 47
(a)
places, deposits or throws or causes or allows to be placed, deposited or thrown any dust, dirt, paper, ashes, carcase, refuse, boxes, barrels, bales or other article or thing in any public place;
(b)
keeps or leaves any article or thing whatsoever in any place where it or particles therefrom have passed or are likely to pass into any public place;
(c)
dries any article of food or other article or thing in any public place;
(d)
throws, places, spills or scatters any blood, brine, swill, noxious liquid or other offensive or filthy matter of any kind in such manner as to run or fall into any public place;
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(e)
drops, spills, or scatters any dirt, sand, earth, gravel, clay, loam, stone, grass, straw, shavings, sawdust, ashes, garden refuse, stable refuse, trade refuse, manure, garbage or any other thing or matter in any public place, whether from a moving or stationary vehicle or in any other manner;
(f)
sieves, shakes, cleans, beats or otherwise agitates any lime, ashes, sand, coal, hair, waste paper, feathers or other substance in such manner that it is carried or likely to be carried by the wind to any public place;
(g)
throws or leaves behind any bottle, glass, can, food container, food wrapper, particles of food or any other article or thing in any public place;
shall be guilty of an offence under this section and may be arrested without warrant by any police officer or by 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.
(2)
Any person who, during the construction, alteration or demolition of any building or erection or at any time whatsoever,
(a)
deposits, drops, leaves or places, or permits or causes to be deposited, dropped, left or placed in or onto any public place, any stone, cement, earth, sand, wood or other building material, thing or substance; or
(b)
fails to take reasonable precautions to present danger to the life, health or well-being of persons using any public place or any other person from flying dust or falling fragments or from any other material, thing or substance, shall be guilty of an offence under this section and may be arrested without warrant by any police officer or by any officer or employee of the local authority authorized in writing in that behalf by the local
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authority and taken before a Magistrate’s Court and shall be liable on conviction to a fine not exceeding one thousand ringgit, and in the case of a second or subsequent conviction to a fine not exceeding two thousand ringgit.
(3)
For the purposes of paragraph (1)(e)—
(a)
where the thing or matter is dropped, split or scattered from a vehicle or drops or spills therefrom, the driver or person having charge or control of the vehicle shall be deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and
(b)
where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence—
(i)
the owner of the motor vehicle shall give such information as may be required by a police officer or by an officer or employee of the local authority to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and such other information as such police officer or such officer or employee of the local authority may require, and if he fails to do so within seven days of the date on which the information was required from him, he shall be guilty of an offence under this section unless he proves, to the satisfaction of the Court, that he did not know and could not with reasonable diligence have ascertained the information required; and
(ii)
any other person who was or should have been in charge or in control of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within seven days
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of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence under this section.
Presumption as to offender
(4)
If in any case it is shown that any dust or other substance in this section mentioned has been deposited in any place in contravention of this section in close proximity to any building or land or that any such water or any offensive matter has run, drained or been thrown or put upon or into any street or drain in contravention of this section, 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.
(b)
Where, any act or thing is done by or omitted to be done by an agent, servant or employee in the course of his duty as such, and such act or thing constitutes an offence under this section his principal, master or employer shall be liable for such offence as if such act or thing had been done or omitted to be done by him unless he can prove that it was done without his consent, connivance or knowledge and that he had taken reasonable precautions and exercise all due diligence to avoid the commission of such offence.
Interpretation, sections 46 and 47