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487.   Prohibition of articles and advertisements on and defacement of certain structures, etc.

Revised Laws of Saint Lucia (2021)

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487.   Prohibition of articles and advertisements on and defacement of certain structures, etc.

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    (1)   Where any structure or other land, door, gate, window, tree, pole or post is—

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      (a)     in a public place; or

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      (b)     in or fronts a public place,

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    a person who is not the owner, occupier or person in charge thereof shall not—

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      (i)     exhibit or cause to be exhibited thereon any article or advertisement, or

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      (ii)     carry out or cause to be carried out any defacement thereof by writing or other marks including graffiti,

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    unless he or she is authorised so to do by such owner, occupier or person in charge or by or under any enactment.

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    (2)   Without prejudice to the liability of any other person under subsection (1), where there is a contravention of that subsection—

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      (a)     in the case of an advertisement relating to a meeting or other event, the person who is promoting or arranging the meeting or event; and

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      (b)     in the case of any other advertisement, the person on whose behalf the advertisement is exhibited,

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    shall be deemed also to have contravened that subsection.

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    (3)   A local authority may, upon such terms and conditions as may be agreed upon by it and the owner, occupier or person in charge, in the case of an article, advertisement or defacement in its area in relation to which there is a contravention of subsection (1)—

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      (a)     by its employees or agents, remove the said article or advertisement or, as the case may be, remove or otherwise remedy the said defacement; and

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      (b)     for those purposes, by its employees or agents enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.

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    (4)   In a prosecution for an offence under this section, it shall not be necessary for the prosecution to show and it shall be assumed until the contrary is shown by the defendant, that the defendant was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree, pole or post and was not authorised as referred to in subsection (1).

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    (5)   A person who contravenes subsection (1), or who obstructs or impedes a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by subsection (3), commits an offence and is liable on summary conviction to a fine of $1,000.

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    (6)   A Court may, if it is satisfied that—

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      (a)     the article or advertisement concerned was not exhibited; or

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      (b)     the defacement concerned was not carried out, by or with the consent of the person mentioned in subsection (1), direct that the whole part of the expenditure reasonably incurred in the removal or cleanup of the article or advertisement or defacement, shall be met by the person convicted.

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    (7)   This section does not apply to an advertisement—

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      (i)     exempted under any enactment or advertising a public meeting, or

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      (ii)     relating to an election under any enactment.

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    (8)   A Court convicting a person under this section may, in addition to the penalty under subsection (5), order the person to perform community service involving the cleaning up of defaced structures.

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    (9)   In this section “occupier”, in relation to a door, gate, window or tree, means the occupier of the structure or other land on which the door, gate, window or tree, as the case may be, is situated and, in relation to a pole or post, means the owner of the pole or post.

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