LOCAL GOVERNMENT ORDINANCE, 1961
(No. 11 of 1961)
KOTA KINABALU MUNICIPAL COUNCIL (HAWKERS) BY-LAWS, 1966
(G.N.L. 27 of 1966)
In exercise of the powers conferred upon it by section 50 of the Local Government Ordinance, 1961, the Jesselton Town Board [hereinafter referred to as the Board] has made the following By-laws:-
1. Title and commencement.
These By-laws may be cited as the Kota Kinabalu Municipal Council (Hawkers) By-laws, 1966, and shall come into operation on the 1st day of July, 1966
2. In these By-laws :-
“goods” includes food and drink;
“hawk” includes peddle.
3. Licence for hawking.
No person shall hawk any goods except in accordance with a licence granted by the Council.
4. Application for licence.
An application for a licence shall be in writing, shall specify the goods the applicant proposes to hawk and shall be accompanied by four photographs of the applicant.
5. Grant of licence.
The Council may, in its absolute discretion, grant or refuse a licence, or grant a licence subject to such conditions as it thinks fit.
6. Health certificate.
If the Council so requires, the applicant for a licence or for a renewal thereof shall forward a certificate of health from a Government Medical Officer or registered medical practitioner.
7. Duration of licence.
Every licence shall, subject to the provisions of these By-laws, expire on the 31st day of December of the year in which it is issued.
(1) The monthly fee for a licence is thirty ringgit, which shall be payable in advance.
(2) If the fee is not paid upon the expiry of the first week of the month in which it is due, the licence shall lapse but may be validated by the Council upon payment of a validation fee of one ringgit.
Provided that if the fee is not paid by the end of the month in which it is due, the licence shall be deemed to be cancelled.
9. Display of licence.
A licence shall be displayed in close proximity to the goods being hawked.
10. Licence not to be transferred.
No licensee shall transfer or otherwise part with the possession of his licence to any unauthorised person.
11. Employment of assistants.
(1) No assistant, whether paid or not, shall be employed in the business of a licensee except with the approval of the Council.
(2) If the Council gives approval, the name, address and a photograph of the assistant shall be affixed on the licence by an officer of the Council.
12. Hawker not to remain stationary.
Unless permitted in writing by the Council, no person shall, while engaged in the business of hawking, remain stationary except for the purpose of serving a customer or for a reasonable time to rest.
13. No hawking in certain places.
No person shall hawk within thirty feet of any street corner or within half a mile of any market of the Council.
14. No hawking during certain hours.
No person shall hawk between 12 o'clock midnight and 6.00 a.m.
No person engaged in the business of hawking shall deposit any refuse or litter in any public place except in receptacles provided for the purpose.
Any person who contravenes any of the provisions of these By-laws shall be guilty of an offence and shall be liable to a fine of five hundred ringgit.
The Council, its officer or servant may eject any person who contravenes any of these By-laws. [Add. G.N.L 41/82.]
The Council, its officer or servant may summarily eject a person who acts, or removes from the unauthorised hawking area, an equipment, a vehicle, a machinery, an article or any other thing whatsoever which is used in contravention of any of the provisions of these By-laws or an order or a direction given by the Council, its officer or servant under the provisions of these By-laws.
17. Cancellation of licence.
The Council may cancel or suspend a licence if the licensee or any assistant of the licensee:-
(i)is convicted of an offence under these By-laws;
(ii)is convicted of any offence under any written law relating to public health or the use of false weights or measures in respect of goods to which the licence relates;
(iii)on the certificate of a Government Medical Officer or a registered medical practitioner is suffering from a contagious or infectious disease.
Part XI of the Jesselton Town Board (General) By-laws, 1956is repealed.
Dated at Jesselton, this 30th day of April, 1966.
LAI EN KONG,
Jesselton Town Board.
I approve the foregoing By-laws.
Dated at Jesselton, this 10th day of May, 1966.
PANG TET TSHUNG,
Minister for Local Government.