CROSS RIVER – ENVIRONMENTAL SANITATION ENFORCEMENT (URBAN AREA) LAW
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LAWS OF CROSS RIVER STATE
CHAPTER E6
ENVIRONMENTAL SANITATION ENFORCEMENT (URBAN AREA) LAW
ARRANGEMENT OF SECTIONS
SECTION
- Appointment of sanitation officers.
- Functions of sanitation officer.
- Payment of sanitation fees.
- Prohibition of structure on footpath, etc.
- Provision of toilet facilities.
- Failure to comply with section 5.
- Provision for holding tank and industrial waste treatment facilities and penalty.
- Throwing or discharge of refuse or sewage effluents into the streets or drains or open spaces prohibited.
- Entry and examination of tenement for nuisance.
- Notice of execution of work to prevent recurrence.
- Penalty for obstructing sanitation officer.
- Owner or occupier provides approved waste receptacle.
- Maintenance of waste receptacle.
- Obnoxious or poisonous waste.
- Authority to designate refuse disposal sites.
- Spillage of sand, refuse, etc., from vehicles.
- Prohibition of burning of industrial waste etc.
- Dumping refuse or waste.
- Obstruction of drain.
- Unauthorised parking of vehicle.
- Illegal posting of handbills.
- Litter from vehicle.
- Parking at undesignated area.
- Sale of goods at junctions etc.
- Removal of silt or other materials.
- Prohibition of deposit of building materials etc., on road.
- Power to seal tenement for nuisance etc., and to inspect etc.
- Inspection, etc. and general works on drains etc.
- Demolition of structure.
- Commission of nuisance and jurisdiction.
- Commencement of proceedings.
- Power of sanitation officer to prosecute.
- Arrest without a warrant.
- Penalty.
- Regulations.
- Repeal.
- Interpretation.
- Short title.
A Law to provide for the Enforcement of Environmental Sanitation Laws within Urban Development Authority Areas in Cross River State and for other matters connected therewith.
(27th February, 2003)
[Commencement]
- Appointment of sanitation officers
The Urban Development Authorities established by section 1 of the Urban Development Authority Law shall designate within their operational areas some of their officers of suitable grades as sanitation officers for the purpose of implementing this Law.
- Functions of sanitation officer
The functions of a sanitation officer shall be—
(a) to enforce the provisions of all laws relating to Environmental Sanitation within the area of the respective Urban Development Authorities; and
(b) to carry out any other duties as may be directed by their respective Urban Development Authorities towards the maintenance of a clean and well developed Urban Environment.
- Payment of sanitation fees
(1) Upon the commencement of this Law, every owner or occupier of each tenement situate and lying within the jurisdiction of any Urban Development Authority shall pay a sanitation fee of ₦50.00 every month.
(2) Every driver of a commercial vehicle within the urban areas shall purchase a sanitation emblem annually at the cost of ₦500.00 and such an emblem shall be pasted to the body of his vehicle or produced on demand by a sanitation officer.
- Prohibition of structure on footpath, etc.
(1) It shall be unlawful to construct or put any structure on the footpath or on the required setback from the road.
(2) Every owner or occupier of any tenement shall—
(a) clean and keep free from the street at the front, back or either side of each tenement; and
(b) clean and keep free from the drain, gutter or channel on such street, all filth, rubbish and refuse or waste of all description.
- Provision of toilet facilities
The owner or occupier of a tenement shall:
(a) provide toilet facilities and adequate drainage;
(b) maintain and provide the said toilet facilities and drainage running through or by such tenement in sanitary condition; and
(c) clean and keep free from the drain, gutter or channel on such street, all filth, rubbish and refuse or waste of all description.
- Failure to comply with section 5
Any owner or occupier who fails to comply with the provisions of section 5 commits an offence and shall on conviction be liable to a fine of three thousand naira (₦3,000.00) or imprisonment for three (3) months.
- Provision for holding tank and industrial waste treatment facilities and penalty
(1) Every person generating industrial waste in his tenement shall provide within the said tenement a suitable holding tank for such waste which shall be regularly carried away for disposal by the person generating the waste.
(2) Every person generating toxic waste in any tenement shall provide within the said tenement suitable waste treatment plant for treating the industrial waste emanating from the said tenement before its discharge into any public sewage.
(3) Any person who fails or neglects to comply with the provisions of this section is guilty of an offence and shall on conviction be liable to a fine of two thousand naira.
(4) Where a person guilty of an offence under this section is a corporation or a body corporate or unincorporated shall be liable on conviction to a fine of not less than twenty thousand naira (₦20,000.00) only.
(5) Where it is proved that the offence committed under this section by a corporate or a body corporate or unincorporated has been so committed with the consent of the manager, secretary or other similar officer of the said body (or any person purporting to act in any such capacity) the Director, manager, secretary or other similar officer of the corporation or body corporate or unincorporated is guilty of an offence and shall be liable on conviction to a fine of one thousand naira or to imprisonment for six months.
(6) In addition to the penalty imposed for committing an offence under this section a duly authorised officer of an Urban Development Authority may seal up any tenement for contravention of the provision of this section.
(7) The tenement sealed up under subsection (6) of this section may remain sealed up until the requirement under subsection (1) of this section have been met.
(8) The penalty imposed under this section for contravening the provision of this section shall be in addition to any penalty that may be imposed under section 34 of this Law of commission of nuisance under any other provision of this Law.
- Throwing or discharge of refuse or sewage effluents into the streets or drains or open spaces prohibited
(1) No person shall throw or deposit on any street, open space, gutter, drain or drainage system or tenement whether occupied or not, any can, litter, loose refuse or waste of any description except at such places as may be authorised by any Urban Development Authority.
(2) No person shall cause or knowingly permit any refuse or sewage effluents or liquid waste to be discharged into any drain or drainage system, road gorges, water courses or any part thereof except at such places that may be authorised by an Urban Development Authority.
(3) Any person who violates the provisions of this section commits an offence and shall on conviction be liable to a fine of ₦3,000.00 (three thousand naira only) or imprisonment for three (3) months.
- Entry and examination of tenement for nuisance
(1) In each Urban Development Authority area within the State, a sanitation officer or any person authorised by the Urban Development Authority in writing either generally on specifically in that behalf may enter and terminate between the hours of six in the morning and four in the evening with or without assistance to examine any tenement or frontage or back or either side of such tenement in order to ascertain the existence of any nuisance.
(2) The sanitation officer or any person authorised by him if satisfied of the existence of a nuisance shall serve notice as specified in the First Schedule for the abatement of a nuisance on any person by whose act the nuisance arises or continues or if such person cannot be found, on the owner or the occupier of the tenement on which the nuisance arises requiring him toabate the same within three days after the service of the notice.
- Notice of execution of work to prevent recurrence
The sanitation officer may also by the service of other notice served on such person, owner or occupier require him to do what may be necessary to prevent the recurrence of the nuisance and may specify steps to be taken for that purpose notwithstanding that such nuisance may have been abated for the time being.
- Penalty for obstructing sanitation officer
Any person who obstructs or assaults any sanitation officer or any person authorised in that behalf or any person engaged in carrying out the provision of this Law or any act authorised by this Law shall be guilty of an offence and on conviction shall be liable to a fine of two thousand naira or to imprisonment for six months.
- Owner or occupier provides approved waste receptacle
Every owner or occupier of a tenement shall provide approved waste receptacle which shall be kept within the tenement to be used for depositing refuse.
- Maintenance of waste receptacle
Every owner or occupier of a tenement shall maintain in good condition the waste receptacle mentioned in section 12 of this Law and shall replace same when it is worn out.
- Obnoxious or poisonous waste
(1) No obnoxious, toxic or poisonous waste shall be deposited in the waste receptacle.
(2) Any person who violates the provisions of this section commits an offence and shall on conviction be liable to a fine of ₦3,000.00 or imprisonment for three months.
- Authority to designate refuse disposal sites
For purposes of this Law the Urban Development Authority in conjunction with the Local Government Council of the Area shall designate refuse disposal sites for deposit of refuse or waste.
- Spillage of sand, refuse, etc., from vehicles
(1) As from the commencement of this Law the driver of any moving vehicle carrying sand, laterite, gravel, refuse, waste or material capable of spillage shall cover such vehicle with tarpaulin or plastic to prevent spillage of such material on the highway or other road in the State.
(2) Any driver of any vehicle mention in sub-section (1) of this section who fails to cover such vehicle as prescribed in sub-section (1) of this section shall be guilty of an offence and on conviction shall be liable to a fine of two thousand naira (₦2,000.00) or to three (3) months imprisonment.
- Prohibition of burning of industrial waste etc.
The burning of any industrial and commercial waste within the premises of any tenement is hereby prohibited.
- Dumping refuse or waste
No person shall dump at any place other than the designated refuse disposal site any refuse or waste.
- Obstruction of drain
No person shall throw or deposit in any drain anything capable of obstructing a free and uninterrupted flow of the drain.
- Unauthorised parking of vehicle
No person shall keep, deposit or leave in any street or sidewalk or public place any vehicle whether serviceable or broken down in a manner capable of—
(i) obstructing traffic; or
(ii) obstructing, hindering or otherwise affecting the proper use by any other member of the public of such street, sidewalk, public place or any part thereof.
- Illegal posting of handbills
No person shall paste, or cause to be pasted any handbills, posters, banners, etc., on any public buildings, artefacts, road/street sign posts, roundabouts or road junctions.
- Litter from vehicle
No person shall throw food items, wrapping, empty cans, paper or other waste products or litter of any description out of a moving vehicle onto any public highway, roads, lanes or public places.
[Issue 1] E6 – 6
- Parking at undesignated area
No person shall park any vehicle, trucks or bicycles at unauthorised locations, provided that such unauthorised locations shall be clearly designated by the Urban Development authority of the area and a “NO PARKING SIGN” conspicuously displayed.
- Sale of goods at junctions etc.
No person shall sell, offer or display for sale or consumption any food, food items, goods or other articles for trade or consumption by any person in a road junction, roadside, set-off or any other place prohibited by this or any other Law.
- Removal of silt or other materials
Any person who in the process of any construction or repair of any drain excavates or removes any silt, earth or other material from such construction or drain, or any person engaged in any other exercise of removing any silt, earth or other material from drainage system shall carry away such silt, earth or other material from such site.
- Prohibition of deposit of building materials etc., on road
(1) No person shall in the process of any construction at any site deposit on any road, road verge, or drain, sand, laterite, gravel, iron-rod, plank or any building material.
(2) For the purpose of this section any person or any builder responsible for any construction of any site shall confine the deposit of the material mentioned in subsection (1) of this section to within the parameter of the site of the construction.
- Power to seal tenement for nuisance etc., and to inspect etc.
(1) For further effective implementation of this Law it shall be lawful for a duly authorised officer of a Urban Development Authority to seal up any tenement in respect of which a nuisance has been committed and the owner or occupier has refused or neglected to abate the nuisance in spite of due notice being given to abate the said nuisance.
(2) The tenement referred to in subsection (1) of this section shall remain sealed up until the nuisance committed is abated.
- Inspection, etc. and general works on drains etc.
The Urban Development Authority of the area may authorise any if its officers—
(a) to inspect, clear, or clean a drain, open space, public place, recreation ground, drain or drainage system; or
(b) carry out any other work in a lawful manner on a drain or drainage system for the continuous flow of such drain or drainage system or any part thereof.
- Demol ition of structure
An Urban Development Authority may—
(a) demolish or remove without payment of compensation any structure on the footpath or on the required setback from the road, or which is so placed as to cause an impediment to the clearing, cleaning, construction, inspection or continuous flow of a drain or drainage system or any part thereof;
(b) carry out any other work in a lawful manner on a drain or drainage system for the continuous flow of such drain or drainage system or any part thereof.
- Commission of nuisance and jurisdiction
(1) Any person who contravenes the provision of sections 3, 4, 6, 8, 12, 16, 17 to 25 of this Law commits a nuisance.
(2) Notwithstanding any provision in any other Law or Laws, a magistrate’s court shall have jurisdiction to try any person who commits nuisance under subsection (1) of this section and any person who commits an offence under this Law and the court shall have power to impose punishment on such person as provided under this Law.
- Commencement of proceedings
A sanitation officer or any person duly authorised in that behalf may commence proceedings against a person who fails to abate a nuisance or who commits an offence under sections 6, 8 and 14 of this Law after service on him of a notice under section 9 of this Law by means of a criminal summons in the Second Schedule to this Law.
- Power of sanitation officer to prosecute
A sanitation officer or any such officer shall in a magistrate’s court have power to prosecute an offender who has been summoned to court under the provision of section 30 of this Law.
- Arrest without a warrant
Any person who commits a nuisance or any offence under this Law may be arrested without a warrant by a police officer or a sanitation officer or any other person duly authorised by the Urban Development Authority in that behalf.
- Penalty
(1) Any person who fails to comply with the provisions of sections 3, 4, 5, 7, 10, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of this Law shall on summary conviction be liable to a fine of two thousand naira or to imprisonment for three months.
(2) Where the person who commits the nuisance is a corporation, a body corporate or unincorporated, the penalty shall be four thousand naira for each nuisance.
(3) Where it is proved that a nuisance committed under this Law by a corporation, a body corporate or unincorporated has been with the consent or connivance of or attributed to any neglect or omission on the part of the Director, Manager, Secretary, or other similar officer of the said body (or any person purporting to act in any such capacity) the Director, Manager, Secretary or other similar officer of the corporation, body corporate or unincorporated shall be liable on conviction to a fine of two thousand naira or to imprisonment for six months for each offence.
- Regulations
The Urban Development Authorities may from time to time with the approval of the Government make regulations for carrying into effect the provisions of this Law.
- Repeal
The Environmental Sanitation and Protection Task Force Law No. 6 of 1984 as amended is hereby repealed.
- Interpretation
In this Law unless the context otherwise requires—
“designated dumping site” means any place designated by the Urban Development Authority pursuant to the provision of section 15 of this Law;
“domestic waste” means waste from a private dwelling or residential home or from tenement forming apart of a university or school or other educational establishment forming part of a hospital or a nursing home;
“effluent” means an unwanted surplus substance arising from the application of any process;
“industrial waste” means waste from tenement used wholly or mainly for the purpose of a trade, business or factory or industry and includes waste from any mine or quarry;
“occupier” includes a tenant or a resident or user of any tenement;
“owner” in relation to a tenement includes a State lessee whether a lease, licence or otherwise, joint owner, lessee, tenant for life, mortgage in possession or, any person in actual possession, a landlord or any person acting or purporting to act with the authority of the owner or the person entitled to the immediate reversion of the tenement, or any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive the same;
“person” includes any body of persons corporate or unincorporated;
“refuse” means garbage, and other discarded solid material resulting from domestic, industrial, commercial and agricultural operations and from community activities an it includes solid or building materials;
“sanitation officer” means an officer so designated pursuant to section 1 of this Law and engaged in sanitary work in an Urban Development Authority;
“structures” includes kiosk or building; “tenement” means land with buildings which is held or occupied as distinct or separate holding or tenancy or any wharf or pier and it includes a shop or market stall, factory, commercial or industrial premises, residential premises, open spaces, club premises, hotel or guest house;
“Urban Development Authority” means Urban Development Authorities created by the Cross River Urban Development Authority Law 2000;
“waste” includes waste of all descriptions, any substances which constitute scrap material or an effluent or other unwanted surplus substance arising from the application of any process.
- Short title.
This Law may be cited as the Environmental Sanitation Enforcement (Urban Area) Law.
FIRST SCHEDULE
[Section 9 (2).]
OWNER/OCCUPIER
……………………………………………………………………………….
……………………………………………………………………………….
……………………………………………………………………………….
Dear Sir/Madam,
ABATEMENT OF NUISANCE NOTICE UNDER ENVIRONMENTAL
SANITATION ENFORCEMENT (URBAN AREA) 2002 LAW
Inspection carried out under the abovementioned Law on tenement situate at ……………………………………………………………………………………………………………………………………………………………………………………… within Cross River State on …………………………………………………………. has revealed that you have failed to keep your tenement and its surrounding free from filth, rubbish, refuse or waste of all description and/or ……………………………………………………
In this circumstance, unless you abate the said nuisance within three days after service of this notice the provision of the above-named Law will be enforced and you will be prosecuted as provided for under section 28 of the Law………………………………………………………………………. Sanitation Officer Urban Development Authority
SECOND SCHEDULE
[Section 31.]
Criminal Summons Form A
(Summons to the Defendant)
IN THE MAGISTRATE COURT OF CROSS RIVER STATE held at the ……………………………………………………………………………………………………………………………………………………………… Magisterial District Charge No. ………………………………………………………………………………………………………… 20 ………………. Between ……………………………………………………….. Urban Development Authority Complainant And ………………………………………………….. Defendant To ……………………………………… of ………………………………….. Complaint has bee made this day by ………………………………………………………..
That you on the ………………………. day of ……………………………….. 20 ………………. Within the …………………………………….. Urban Development Authority Area/Magisterial District, did*— (i) fail to clear and keep free from the street at the front, back or either side of your tenement with the drain, gutter and channel on such street of all filth, rubbish, refuse or waste;
(ii) fail to provide cover waste receptacle for your tenement for depositing refuse or waste of any description;
(iii) throw or lay on the street, gutter, tenement or open space rubbish, offensive or unwholesome matter;
(iv) fail to neglect to provide suitable holding tank as provided for under section 5 of this Law.
(v) ……………………………………………………………………………………..
(vi) ……………………………………………………………………………………..
(vii) ……………………………………………………………………………………..
And hereby committed to nuisance under section 30 of this Law or committed an offence under section 6, 8, or 14 of this Law and punishable under section 34 or/and section 6, 8, and 14 of this Law, respectively. You are therefore hereby summoned to appear before the Magistrate Court sitting at ……………………………. on the ………………..day of ……………………………………….. 20 ………………. at the hour of 9.00 a.m. in the a forenoon to answer to the said complaint.
Dated this …………………….. day of ……………………………. 20 …………………….
……………………………………….. Magistrate
INSTRUCTION FOR COMPLETING THIS FORM
Delete whatever is not applicable
* State concisely the substance of the complaint.
CHAPTER E6
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
