LAWS OF GOLD COAST

MOSQUITOES ORDINANCE, 1951 (CAP 75)

(GOLD COAST)

ARRANGEMENT OF SECTIONS

Section

1. Short Title and Application.

2. Interpretation.

3. Destruction of Mosquito Larvae.

4. Screening of Water Receptacles.

5. Recovery of Cost.

6. Method of Recovery.

7. Penalty for refusal to carry out an Order or for Obstruction.

8. Penalty for Breach of Ordinance.

9. Amount Recovered to be paid to Town Council.

10. Regulations.

11. Applications of Provisions of this Ordinance to Vessels.

McCarthy

Cap. 62.

Ordinances Nos.

6 of 1911,

7 of 1923,

14 of 1930,

27 of 1932,

30 of 1935.

AN ORDINANCE TO PROVIDE FOR THE DESTRUCTION OF MOSQUITOES.

Date of Commencement: 13th May, 1911.

Section 1—Short Title and Application.

This Ordinance may be cited as the "Mosquitoes Ordinance," and shall apply to such parts of the Gold Coast as the Minister may by order declare. (Amended by 27 of 1932, s. 5, and 30 of 1935, s.2.)

Section 2—Interpretation.

In this Ordinance, unless the context otherwise requires:—

"Minister" means the Minister responsible for Health;

Occupier

"Occupier" means in reference to the particular premises in respect of which the word is used—

(1) for the purposes of sections 3 and 5, the tenant or person in occupation of such premises, excluding, however, any person who is merely a lodger or licensee; and

(2) for the purposes of sections 4 and 8, any person occupying or residing in such premises, including any tenant, lodger, or licensee; (Substituted by 7 of 1923, s.2.)

Owner

"Owner" means in respect of premises the person for the time being receiving the rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the same if such premises were let to a tenant.  "Owner" means in respect of a vessel the person in actual or constructive possession of the vessel; (Substituted by 14 of 1930, s. 2.)

Premises.

"Premises" includes messuages, buildings, lands, easements, and hereditaments of any tenure, whether open or closed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

Sanitary Authority. Cap. 89

"Sanitary Authority" means and includes in any town to which the Town Councils Ordinance* applies the Town Council or a committee of the same, and in other parts of the Colony under the Towns Ordinance the Sanitary Committee for that town as appointed by the Governor, and in any other parts of the Gold Coast to which this Ordinance shall be applied such authority as the Governor may declare; (Amended by 30 of 1935, s.2)

Vessel

"Vessel" means any ship, tug, lighter, boat, barge, or canoe. (Added by 14 of 1930, s.2.)

Section 3—Destruction of Mosquito Larvae.

Entry of Premises

(1) It shall be lawful for the Sanitary Officers, the Medical Officer of Health, or any medical officer specially appointed by the Minister for the purpose, or any person duly deputed in writing by any of the above officers, to enter upon any premises between the hours of 6 a.m. and 6 p.m., and to take immediate steps to destroy any mosquito larvae that may be found thereon, and to render any accumulations of water on such premises temporarily unfit to be breeding places for mosquitoes.

Anti-Mosquito Measures.

(2) It shall be lawful for the above officers or any of them to take such action, or order the owner or occupier of such premises to take such action, as may be necessary to render any    accumulations of water on such premises permanently unfit to be breeding places for mosquitoes.

Restriction on Expenditure.

Provided that no such order shall be made nor action taken involving the expenditure of any sum exceeding five pounds except by resolution of the Sanitary Authority.

Section 4—Screening of Water Receptacles.

It shall not be lawful for any owner or occupier to allow at any time the presence on his premises of any receptacle for water containing mosquito larvae, or to allow any water to be kept on his premises for a period exceeding three days without the receptacle containing the same being emptied and cleaned, unless such receptacle is properly protected or screened to the satisfaction of the Sanitary Authority from the access of mosquitoes, nor shall such owner or occupier allow on his premises any reasonably preventable conditions which may, in any way, be favourable to the breeding of mosquitoes.

Section 5—Recovery of Cost.

It shall be lawful for the Sanitary Authority to recover from the owner or occupier of any premises the expense of any measures carried out on his premises under the provisions of this Ordinance, but if it is satisfied that such owner or occupier is not in a position to pay such expenses, to pay all or any part of such expenses itself.

Section 6—Method of Recovery.

All expenses incurred by the Sanitary Authority in carrying out, with respect to any premises, the provisions of this Ordinance shall be recoverable in a summary manner before a Magistrate. (Amended by 30 of 1935, s. 2.)

Section 7—Penalty for Refusal to Carry Out an Order or for Obstruction.

Any person who refuses to carry out any order made under the provisions of this Ordinance or who obstructs any officer empowered to carry out the provisions of this Ordinance in any act authorised by this Ordinance shall be liable to a fine not exceeding twenty-five pounds or in default thereof to imprisonment not exceeding three months.

Section 8—Penalty for Breach of Ordinance.

(1) Any owner or occupier who contravenes any of the provisions of section 4 shall be liable to a fine not exceeding five pounds or in default to imprisonment not exceeding one month.

Penalty for Continuing Offence.

(2) If any such owner or occupier shall be guilty of a continued  contravention of this Ordinance for a period exceeding one day after due notice has been given, that contravention shall be punishable as if a fresh contravention of the law had taken place during each day of its continuance.

Section 9—Amount Recovered to be Paid to Town Council.

All amounts recovered under this Ordinance in any town to which the Town Councils Ordinance* applies or shall hereafter be applied shall be paid to the credit of the Town Council of such town.

Section 10—Regulations.

The Governor in Council may make regulations for carrying out the provisions of this Ordinance.

Section 11—Applications of Provisions of this Ordinance to Vessels.

The provisions of this Ordinance shall be deemed to apply in respect of vessels in the same manner as they apply in respect of premises. For the purposes of such application as aforesaid, the word "vessel" may be read in place of the word "premises,"  and the expression "person in charge" may be read in place of the word "occupier,"  wherever the word "premises" or "occupier" occurs in this Ordinance (as the case may be), other than in section 2. (Added by 14 of 1930, s. 3.)

FOOTNOTE

*McCarthy Cap. 51. scheduled under the Revised Edition of the Laws Ordinance, 1951.