Martin Henry, Contributor
THE TOWNS and Communities Act has come down to us from the days of horse and carriage and emptying slop pails out of houses. The first thing which the Act states is that every person who shall, in any thoroughfare in any town, or on any highway, feed or fodder any horse or other animal, or show any caravan containing any animal, or any other show or public entertainment, or shoe, bleed, or farry any horse or animal (except in cases of accident}, or exercise, train or break any horse or animal, or clean, make, or repair any part of any cart or carriage, except in cases of accident where repair on the spot is necessary shall be guilty of an offence and shall be liable to a penalty. The 'slop pail' provision regulates time of emptying, managing spillage, and the discharge of putrid or noxious effluent into any thoroughfare or other person's premises.
The Act is up for amendment on particular points that will bring it more in line with the constitutional rights and freedoms of all citizens and remove a string of exceptions to those provisions. When exceptions keep piling up, it is time to change the law. The opportunity should be taken to update the more archaic provisions of the Act, in general, without sacrificing its capacity to prevent citizens from annoying and obstructing each other. The careful and balanced regulation of the use of public space and of social and economic life in communities is absolutely essential for smooth social relationships.
Just this week the news was filled with citizens' protests about the invasion of their community space by unwanted activities, from the proposed new U.S. embassy in Liguanea to sidewalk garages in Eastwood Park Gardens, and the mounting of barriers on the main road in Lakes Pen, St. Catherine to prevent dangerous speeding. On this last point, the Towns and Communities Act plainly states that 'any person who shall, in any thoroughfare in any town, ride or drive furiously, or on any thoroughfare or highway ride or drive so as to endanger the life or limb of any person, or the common danger of the passengers therein shall be guilty of an offence'.
CHAOS
A sensible updating of the Act, and its application, would go a long way toward relieving the rough and bruising chaos that we have come to accommodate as 'normal'. In the Act 'town' covers "all cities and villages". And public place refers to pretty much everything outside the private dwelling house. The law forbids blocking up public thoroughfares and wilful obstruction with carriages and loads and all manner of named objects. It penalises persons who shall, in any thoroughfare in any town, turn loose any horse or cattle. It forbids the disruption of church services. It forbids burning stuff on or along any thoroughfare. Anyone, the Act specifies, who shall, without the consent of the owner or occupier affix any bill or other paper against or upon any building, wall, fence, or pale, or write upon, soil or deface, or mark any such building, wall, fence, or pale in any other way whatsoever, shall be guilty of an offence.
It penalises indecent exposure and obscenity in any thoroughfare or public place. And anyone who uses any threatening, or abusive and calumnious language to any other person publicly, as shall tend to provoke a breach of the peace; or shall use such language, accompanied by such behaviour to any person publicly; as shall tend to a breach of the peace shall be guilty of an offence. The Towns and Communities Act, further, regulates street vending and a slew of other activities, from butchering animals to washing and hanging out clothes, done outside of prescribed places to the annoyance of the other in-habitants, upon whose complaint arrests can be made. It regulates the discharge of offensive effluent and the location of pigsties. It forbids the ill-usage of animals or allowing them to cause any mischief or obstruction.
DISORDERLY CONDUCT
It controls the use of fireworks. Noisy and disorderly conduct in public places is unlawful: Every person who shall, in any town, or in any public place, conduct himself in a noisy and disorderly manner, to the disturbance of peace and good order, or to the annoyance, discomfort, or obstruction of members of the public, shall be deemed violators of the public peace. And it shall be lawful for any householder, personally or by his servant, or by any police constable to require any street-musician, juggler, dancers, actor, or showman, to depart from the neighbourhood of the house of such house-holder; and every person who shall sound or play upon any musical instrument, or make any other noise or disturbance in any thoroughfare near any house, after being so required to depart, shall be liable to a penalty.
There is much more for public order and maintaining peaceful co-existence in towns and communities. Constables are armed by the law with powers of arrest. Justices can try cases in Petty Session. But in today's dollars fines are ridiculously low, from four to one thousand dollars. The Towns and Communities Act is not now enforced with any vigour. Its fines are no deterrents, in any case.
Martin Henry is a communication specialist.
