Malaysia legislation
Section 91
Section 91
In addition to the powers of making bylaws expressly or impliedly conferred upon it by any other provisions of this Ordinance, and subject to sections 92 and 93, every local authority may from time to time make, amend and revoke bylaws in respect of all such matters as are necessary or desirable for the maintenance of the health, safety, quality of life and well being of the inhabitants or for the good order and government of the local authority area and in particular in respect of all or any of the following purposes:
(a)
to regulate the repairing, cleaning, watering and lighting of streets, roads, canals and bridges;
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(b)
to regulate, license, restrict, prohibit or remove the exhibition of advertisements;
(c)
to regulate the planting, preservation and removal of trees, flowers and shrubs in public places;
(d)
to provide for the protection from damage or interference of any local authority works or property situated or being in, under or over any public or private place within the local authority area;
(e)
to provide for the establishment, regulation and management of any public park, walk, recreation and pleasure ground, garden, swimming pool, lake, stadium, library, art gallery, museum, theater, restaurant, hall, assembly room, or aquarium under the control of the local authority by virtue of this
Ordinance and any other written laws;
(f)
to regulate within the local authority area the landing and temporary storage of goods upon public quays, wharves and streets, adjacent to any port, or any waterway connected therewith, and to fix the fees to be charged in respect of such temporary storage;
(g)
to regulate any public sales held in any public place;
(h)
to designate or regulate the streets or areas within which specified trades, businesses or callings may or may not be established or carried on;
[Am. Cap. A160/2013.]
(i)
[Repealed by Cap. 33];
(j)
to regulate the provision and standard of public transport services;
(k)
to regulate the maintenance and upkeep of private gardens, property or land and for the clearance of rank vegetation in any property;
(l)
(i)
to regulate, supervise and license trishaws, rickshaws, carriages and carts and to prescribe the rates or fares,
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whether by distance or time within or without the local authority area to be charged for such services, the number of passengers and the weights, dimensions, and nature of the loads to be carried and the mode of construction thereof;
(ii)
to prescribe standards of medical and physical fitness and efficiency for the riders, drivers or haulers or trishaws or carts, as the case may be;
(m)
to provide for the registration or licensing of bicycles and tricycles;
(n)
[Repealed by Cap. 33];
(o)
to regulate laundries and places for the cleaning or washing of vehicles;
(p)
to regulate the maintenance and cleanliness of building, including the whitewashing thereof;
(q)
to control and supervise, by registration, licensing or otherwise, including in proper cases by prohibition, a trade, business or industry which is of an obnoxious nature or which could be a source of nuisance to the public or a class of the public;
(r)
to control and regulate land or building used for the keeping or rearing of livestocks and animals;
(s)
to regulate the use and enjoyment of all public amenities or facilities under the control of the local authority;
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(t)
to provide for the offences under this Ordinance and any bylaw which may be compounded by the local authority, the persons who may compound, the limit of the sum of money to be collected by such local authority for compounding such offences and the procedure and forms to be complied with in compounding;
(u)
to provide and maintain a system for the collection, removal, handling, treatment, processing and disposal of all types of waste generated within its area of jurisdiction, and to regulate and control the establishment and maintenance of waste disposal facilities including waste treatment or processing plant, incinerators, landfill sites and the like, and to regulate the manner, process or method for the collection, removal, handling, treatment, processing and disposal of waste, and to determine the ownership of and rights to all waste materials and substances after their collection, removal, treatment or processing by a local authority or any person or agent appointed by a local authority for the collection, removal, handling, treatment, processing or disposal of waste;
[Sub. Cap. A69.]
(v)
to establish and regulate public car parks including the provision and limitation of any fees chargeable for the parking of vehicles therein;
(w)
to control or regulate the removal of earth, sand, stone or rock and the conveyance, transport and removal of earth, sand, stone or rocks along or through any public road;
(x)
to provide for the burial of paupers in accordance with the religion and custom of the deceased; and
(y)
in so far as they do not fall within any of the preceding paragraphs, to provide for all procedural and other matters which by this Ordinance are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Ordinance.
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Bylaws to be approved by Yang di-Petua Negeri