Jurong Town Corporation (Common Property) Rules 2018

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 2
Jurong Town Corporation Act
(CHAPTER 150)
Jurong Town Corporation
(Common Property) Rules 2018
In exercise of the powers conferred by section 27 of the Jurong Town Corporation Act, the Jurong Town Corporation, with the approval of the Minister for Trade and Industry (Trade), makes the following Rules:
PART 1
PRELIMINARY
Citation and commencement
1.  These Rules are the Jurong Town Corporation (Common Property) Rules 2018 and come into operation on 2 January 2018.
Definitions
2.  In these Rules, unless the context otherwise requires —
“bicycle” includes a bicycle that —
(a)is equipped with an electric motor; and
(b)may be propelled by human power or by the electric motor with which it is equipped, or by both;
“common property” means any common property or open space on any land vested in the Corporation and includes the following:
(a)columns, beams, supports, external walls, roofs and storage spaces, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits;
(b)the fire‑fighting and protection system;
(c)central and appurtenant installations for services such as power, light, sanitation, water and gas;
(d)escalators, lifts, water tanks, pumps, motors, fans, compressors, pipes, ducts, wirings and all other apparatus and installations existing for common use;
(e)common facilities built for the use or enjoyment of people in the estate;
(f)all recreational or community facilities, gardens, car parks and parking areas for other vehicles;
(g)directional signs and sign boards;
“park” means to bring a vehicle to a stationary position and cause the vehicle to remain in that position for any purpose;
[Deleted by S 31/2022 wef 15/01/2022]
“personal mobility device” means a wheeled device that —
(a)is built to transport people only (with or without carry‑on baggage); and
(b)is propelled by an electric motor attached to the device or by human power or both,
and includes a skateboard, but does not include a vehicle intended or adapted for use on the road, wheelchair (motorised or otherwise), mobility scooter, pram, stroller or trolley, inline skates, roller‑skates or a wheeled toy;
“vehicle” means a vehicle, whether mechanically propelled or not, intended or adapted for use on the road, and a personal mobility device.
PART 2
RESTRICTIONS ON USE OF COMMON PROPERTY
Unauthorised structures
3.  A person must not, without the prior written permission of the Corporation, erect or install a fixture, structure or thing on any common property.
Obstruction of lawful use of common property
4.—(1)  A person must not —
(a)place or deposit any thing on any common property that obstructs, or causes or permits the obstruction of, the lawful use of the common property; or
(b)throw or deposit, or cause or permit to be thrown or deposited, into any waste system that is common property, any thing that will or is likely to choke, clog or obstruct the movement of refuse or waste.
(2)  In this rule, “thing” includes any object, material or fixture.
Damage to common property
5.  A person must not, without the prior written permission of the Corporation, remove, destroy, damage or deface any common property, including any soil, turf, plant, shrub or tree (or a part of it) located on any common property.
Unlawful parking
6.  A person must not park a vehicle on any common property unless —
(a)the person has the prior written permission of the Corporation; or
(b)the common property is —
(i)a parking place within the meaning of section 2 of the Parking Places Act 1974; or
(ii)any part of a road or other place on or in which the parking of vehicles is authorised by the Corporation, and which is designated by the Corporation for the use of that class of vehicle.
[S 31/2022 wef 15/01/2022]
Repairing, painting, etc., of vehicles
7.—(1)  A person must not repair, paint, spray, test or service, or cause or permit to be repaired, painted, sprayed, tested or serviced, a vehicle on any common property.
(2)  Paragraph (1) does not apply to repairs that are reasonably necessary for the removal of a vehicle that breaks down on common property from the common property.
Dumping or littering on common property
8.  A person must not —
(a)place, deposit, keep or leave, or cause or permit to be placed, deposited, kept or left, any material, article, object or thing on any common property except in a place designated by the Corporation for that purpose; or
(b)place or deposit, or cause or permit to be placed or deposited, any litter on any common property except in a place or a receptacle designated or provided by the Corporation for that purpose.
Unauthorised use of water, etc., installations
9.  A person must not, without the prior written permission of the Corporation, draw, divert or take —
(a)water from a tap, pipe or water service installation for the supply of water situated on any common property;
(b)electricity from any socket, electrical supply line or electrical installation for the supply of electricity situated on any common property; or
(c)gas from any gas supply line or gas service installation for the supply of gas situated on any common property.
PART 3
POWERS TO REMOVE, DETAIN AND DISPOSE
Division 1 — General powers
Application of this Division
10.—(1)  This Division applies where there is a contravention of rule 3, 4(1)(a), 6 (where the vehicle is a bicycle or personal mobility device) or 9.
(2)  A contravening item for the purposes of this Division is —
(a)in the case of a contravention by a relevant person of rule 3, the fixture, structure or thing mentioned in that rule;
(b)in the case of a contravention by a relevant person of rule 4(1)(a), the thing mentioned in that rule;
(c)in the case of a contravention by a relevant person of rule 6, the vehicle mentioned in that rule; and
(d)in the case of a contravention by a relevant person of rule 9, any pipe, wire, device or instrument used to draw, divert or take water, electricity or gas in contravention of that rule.
(3)  A relevant person for the purposes of this Division is —
(a)in the case of a contravention of rule 3, the person who contravenes that rule;
(b)in the case of a contravention of rule 4(1)(a), the person who contravenes that rule;
(c)in the case of a contravention of rule 6, the person who contravenes that rule; and
(d)in the case of a contravention of rule 9, the person who contravenes that rule.
(4)  In this Division, a reference to the date of service of a notice is a reference to the date that the notice is deemed to be sufficiently served under section 66 of the Act.
Removal notice
11.—(1)  The Corporation may, by a written notice (called in this Division a removal notice) served on a relevant person, require the relevant person to do the following within the period specified in the removal notice, and the relevant person must comply with the removal notice:
(a)require the relevant person to remove the contravening item;
(b)require the relevant person to repair, in accordance with the conditions specified in the removal notice, any damage caused to any common property because of the contravention or the removal of the contravening item.
(2)  If the relevant person cannot be found after reasonable inquiry, the Corporation may serve a notice on a person who appears, to the satisfaction of the Corporation, to be the owner or person with lawful possession of the contravening item, and any reference in these Rules to the relevant person is then a reference to the owner or the person, as the case may be.
General power to remove and detain contravening items
12.—(1)  Subject to paragraph (2), the Corporation may at any time remove and detain a contravening item.
(2)  After the Corporation serves a removal notice on a relevant person in relation to a contravening item, and the relevant person does not comply with the removal notice within the period specified in the removal notice, the Corporation may remove and detain the contravening item.
(3)  Where the contravention or removal of the contravening item causes any damage to any common property and the relevant person served with the removal notice does not repair the damage within the period specified in the removal notice, the Corporation may repair such damage.
(4)  The Corporation must, as soon as practicable after removing and detaining a contravening item, serve a written notice on —
(a)a person who appears, to the satisfaction of the Corporation, to be the owner of the contravening item; or
(b)if such a person cannot be found after reasonable inquiry, the person who appears, to the satisfaction of the Corporation, to have had lawful possession of the contravening item.
(5)  The written notice in paragraph (4) must inform the person served the notice —
(a)that the contravening item has been removed and where it is being detained; and
(b)that the person may claim possession of the contravening item upon payment to the Corporation, within 30 days after the date of service of the notice, of expenses reasonably incurred by the Corporation in removing or detaining the contravening item or repairing any damage to common property caused by the placement, depositing or removal of the contravening item.
(6)  Nothing in this rule authorises the Corporation to enter the property of any person within any land vested in the Corporation unless the consent of the owner of the property has been first obtained.
General power to dispose
13.—(1)  If a contravening item is not claimed by the person notified under rule 12(4) within the time delimited by that provision, the Corporation may —
(a)dispose of the contravening item by public auction or by any other means; and
(b)apply the proceeds of the disposal to meet the expenses reasonably incurred by the Corporation under this Division, and pay the balance (if any) of the proceeds to that person.
(2)  If both persons mentioned in rule 12(4) cannot be found after reasonable inquiry, the Corporation may —
(a)dispose of the contravening item by public auction or by any other means; and
(b)retain the proceeds of the disposal.
Division 2 — Powers in relation to vehicles
Powers to detain and remove, etc., in relation to vehicles
14.—(1)  Paragraph (2) applies in respect of a vehicle that —
(a)is parked in contravention of rule 6, other than a bicycle or personal mobility device; or
(b)appears to have been abandoned on any common property.
(2)  An officer authorised by the Corporation (called in this rule an authorised officer) may —
(a)remove the vehicle and detain it at a place of safety or any other suitable place; or
(b)immobilise the vehicle by affixing an immobilisation device to the vehicle to prevent the removal of the vehicle without the consent of the authorised officer.
(3)  The Corporation must, as soon as practicable after the detention or immobilisation of the vehicle, serve a written notice on the owner of the vehicle as to the procedure by which the owner may secure its release.
(4)  The notice must be served on the owner —
(a)in the case where the vehicle has been removed and detained, in accordance with section 66 of the Act or, where this is not possible, by posting the notice on a notice board maintained by the Corporation nearest to that part of the common property where the vehicle was removed from; or
(b)in the case where the vehicle has been immobilised, by affixing the notice on the windscreen or a conspicuous part of the vehicle.
(5)  The vehicle must not be released by a person to the owner of the vehicle unless —
(a)the authorised officer has directed the release of the vehicle to the owner; and
(b)the owner has paid all the expenses incurred by the Corporation in removing or detaining the vehicle, immobilising the vehicle, or repairing any damage to common property caused by the placement, depositing or removal of the vehicle.
(6)  A person must not, without the authorisation of the authorised officer —
(a)remove or attempt to remove —
(i)the vehicle from the place at which the vehicle is detained; or
(ii)the immobilisation device affixed to the vehicle; or
(b)remove or tamper with the notice affixed on the vehicle under paragraph (4)(b).
(7)  If the owner of the vehicle removed and detained, or immobilised, under paragraph (2) does not claim the vehicle within 30 days after the date of service of the written notice in paragraph (3), the Corporation may, after giving 30 days’ notice in the Gazette of the Corporation’s intention to do so, sell the vehicle by public auction or otherwise dispose of the vehicle in such manner as the Corporation thinks fit.
(8)  The Corporation may —
(a)apply the proceeds of the sale or disposal of the vehicle to meet the expenses reasonably incurred by the Corporation under this rule; and
(b)pay the balance (if any) of the proceeds to the owner of the vehicle.
(9)  In this rule, “immobilisation device” means a device or an appliance —
(a)that is designed or adapted to be fixed to a part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion; and
(b)that is of such type approved by the authorised officer for the purposes of this rule.
(10)  For the purposes of paragraph (7), a reference to the date of service of a written notice is a reference to —
(a)if the notice is served in accordance with section 66 of the Act, the date that the notice is deemed to be sufficiently served under that section;
(b)if the notice is posted on a notice board in accordance with paragraph (4)(a), the date that the notice is so posted; and
(c)if the notice is affixed on a vehicle in accordance with paragraph (4)(b), the date that the notice is so affixed.
PART 4
MISCELLANEOUS
Rules not to prevent officers or employees of Corporation from enforcing Rules
15.  These Rules do not prevent an officer or employee of the Corporation, or a person authorised by the Corporation, from doing an act that is reasonably necessary or expedient to enforce these Rules.
Penalty
16.  Any person who contravenes or fails to comply with rule 3, 4(1)(a) or (b), 5, 6, 7(1), 8 or 9 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Made on 2 January 2018.
LOO CHOON YONG
Chairman,
Jurong Town Corporation,
Singapore.
[JCT(LS)00/1069/LET; AG/LEGIS/SL/150/2015/3 Vol. 2]
(To be presented to Parliament under section 27(6) of the Jurong Town Corporation Act).

Archived for legal research. Authoritative version at sso.agc.gov.sg.