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Section 118 of Public Health Act CAP 242: What constitutes nuisance

    

(1) The following shall be deemed to be nuisances liable to be dealt with in the manner provided in this Part—
(a) any vessel, and any railway carriage or other conveyance, in such a state or condition as to be injurious or dangerous to health;
(b) any dwelling or premises or part thereof which is or are of such construction or in such a state or so situated or so dirty or so verminous as to be, in the opinion of the medical officer of health, injurious or dangerous to health, or which is or are liable to favour the spread of any infectious disease;
(c) any street, road or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water-tank, cistern, water-closet, earth-closet, privy, urinal, cesspool, soak-away pit, septic tank, cesspit, soil-pipe, waste-pipe, drain, sewer, garbage receptacle, dust-bin, dung-pit, refuse-pit, slop-tank, ash-pit or manure heap so foul or in such a state or so situated or constructed as in the opinion of the medical officer of health to be offensive or to be injurious or dangerous to health;
(d) any well or other source of water supply or any cistern or other receptacle for water, whether public or private, the water from which is used or is likely to be used by man for drinking or domestic purposes or in connexion with any dairy or milk shop, or in connexion with the manufacture or preparation of any article of food intended for human consumption, which is in the opinion of the medical officer of health polluted or otherwise liable to render any such water injurious or dangerous to health;
(e) any noxious matter, or waste water, flowing or discharged from any premises, wherever situated, into any public street, or into the gutter or side channel of any street, or into any nullah or watercourse, irrigation channel or bed thereof not approved for the reception of such discharge;
(f) any stable, cow-shed or other building or premises used for keeping of animals or birds which is so constructed, situated, used or kept as to be offensive or which is injurious or dangerous to health;
(g) any animal so kept as to be a nuisance or injurious to health;
(h) any accumulation or deposit of refuse, offal, manure or other matter whatsoever which is offensive or which is injurious or dangerous to health;
(i) any accumulation of stones, timber or other material if such in the opinion of the medical officer of health is likely to harbour rats or other vermin;
(j) any premises in such a state or condition and any building so constructed as to be likely to harbour rats;
(k) any dwelling or premises which is so overcrowded as to be injurious or dangerous to the health of the inmates, or is dilapidated or defective in lighting or ventilation, or is not provided with or is so situated that it cannot be provided with sanitary accommodation to the satisfaction of the medical officer of health;
(l) any public or other building which is so situated, constructed, used or kept as to be unsafe, or injurious or dangerous to health;
(m) any occupied dwelling for which such a proper, sufficient and
wholesome water supply is not available within a reasonable distance as under the circumstances it is possible to obtain;
(n) any factory or trade premises not kept in a clean state and free from offensive smells arising from any drain, privy, water-closet, earth-closet or urinal, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health of those employed therein;
(o) any factory or trade premises causing or giving rise to smells or effluvia which are offensive or which are injurious or dangerous to health;
(p) any area of land kept or permitted to remain in such a state as to be
offensive, or liable to cause any infectious communicable or preventable disease or injury or danger to health;
(q) any chimney sending forth smoke in such quantity or in such manner as to be offensive or injurious or dangerous to health;
(r) any cemetery, burial-place or place of sepulture so situated or so crowded or otherwise so conducted as to be offensive or injurious or dangerous to health;
(s) any act, omission or thing which is, or may be, dangerous to life, or injurious to health.
(2) The author of a nuisance means the person by whose act, default or sufferance nuisance is caused, exists or is continued, whether he is the owner or occupier or both owner and occupier or any other person.

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Disclaimer: This document is not to be taken as legal advise.

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