Summary Offences Act 1926

under this subsection unless it is proved that after having been required to de sist by any person dwelling in the vicinity or by any police officer he con tinued to make such a noise as aforesaid.

Tidiness of public places and beaches

8 Any person who in any public place, or on any beach or any place contiguous or adjacent thereto whether or not a public place, with out lawful authority or excuse, the proof of which shall be upon him—

(a) deposits or leaves any garbage, rubbish, litter, derelict article or offensive matter otherwise than in a place or receptacle intended for its reception; or

(b) wilfully breaks any bottle or other glass or china article; or

(c) fails immediately to dispose adequately of the broken pieces of any bottle or other glass or china article which is broken while in his charge,

commits an offence against this Act.

Disorderly conduct in public street

9 (1) Any person who, in any public street, highway or thor oughfare—

(a) begs or attempts to obtain alms; or

(b) by disorderly behaviour disturbs or incommodes any passenger or dweller in the vicinity; or

(d) carries on carpentering or laundering; or

(e) not having the previous permission of the Permanent Secretary Department of Works and Engineering, or as respects a municipal area, of the appropriate officer of the Municipality concerned, deposits any rubbish, night soil or filth, or for more than half an hour any timber, board, rubble or stone; or

(f) by the holding of any exhibition or show or by the play ing of any band, orchestra or music causes a crowd to assemble to the interference with traffic or to the annoy ance of any passenger or wayfarer or dweller in the vicinity; or

(g) plays at any game of chance; or

(h) throws away any receptacle which contains or contained any intoxicating liquor or other beverage,

commits an offence against this Act.

(2) Notwithstanding anything in subsection (1), it shall be law ful for any person to obtain or to attempt to obtain alms for the benefit of a bona fide charitable purpose in any public street, highway or thor oughfare under the authority and in accordance with the terms of a per mit issued by the Commissioner of Police or, where the public street, highway or thoroughfare is situated in a municipal area, then by the Corporation of the Municipality concerned.

Drinking in public street or on verandah

10 Any person who—

(a) in any public street, highway or thoroughfare; or

(b) on the verandah or porch of any premises abutting on any public street, highway or thoroughfare (excluding private houses or premises in respect of which a licence for the sale of intoxicating liquor, other than a Licence (A), has been granted under the Liquor Licence Act, 1974 [title 10 item 6]),

drinks any intoxicating liquor, commits an offence against this Act.

Offences against public morality

11 Any person who, in any public place—

(a) openly exhibits any obscene print, picture or other inde cent exhibition; or

(b) openly exposes his person; or

(d) behaves in a riotous, offensive or indecent manner; or

(e) uses any threatening, abusive, insulting or offensive words, gestures or behaviour; or

(f) by loitering or standing or any obstructive behaviour,
wilfully obstructs or seeks to obstruct passengers, or without lawful authority hinders or seeks to hinder any lawful activity; or

(g) in such a way as to impede, interfere with or annoy pas sengers, touts or solicits for the purpose of any trade or business or is importunate in offering his services as a guide; or

(h) being a night walker or common prostitute gives no sat isfactory account of himself; or

(i) solicits or importunes for immoral purposes; or

(j) bathes, not being decently dressed therefor,

commits an offence against this Act.

Use of threatening words or gestures

12 Any person who utters any threatening words, in writing or oth erwise, or who, by gestures or otherwise, behaves in any threatening manner, commits an offence against this Act:

Provided that no person shall be convicted under this section unless the threat is to commit an unlawful act and the person threat ened believes on reasonable grounds that the threat will be carried out.

Making bonfire in public place

13 Any person who in any public place makes any bonfire commits an offence against this Act:

Provided that for the purpose of this section "public place" shall not include—

(i) any place to which the public have, under ordi nary circumstances, the right of legal access, whether with or without payment of any en trance fee or gate money; or

(ii) any land contiguous to a public place,

merely by reason that any such act would ordinarily be visible or audible to or by persons in a public place.

Offences against public safety

14 (1) Any person—

(a) who causes danger or alarm by carrying about fire; or

(b) who wantonly discharges any firearm to the disturbance of the public peace or to the danger, damage or alarm of any person; or

(d) who, being in charge of any vehicle to which a horse is attached, leaves such vehicle in a highway without a proper person in charge or without such horse being tied to some suitable object, or

(e) who is found on a highway contrary to an order made under subsection (2);

commits an offence against this Act.

(2) If the Governor is satisfied that it is in the interests of pub lic safety that the public should be kept off the highways during the hours of darkness he may, acting in his discretion after consultation with the Governor's Council and, if circumstances permit after such con sultation also with such other persons including the Opposition Leader as he thinks fit to consult, order that for a period not exceeding three days nobody without the written permission of a police officer of or above the rank of Chief Inspector shall be permitted to be on all or any of the highways specified in the order during all or any of the hours of darkness so specified.

(3) For the purposes of subsection (2)—

"hours of darkness" means the period between 5.30 p.m. and 6.00 a.m. next following.

(4) An order made under subsection (2) shall be published in the Gazette or in such other manner as the Governor shall determine and shall come into force immediately on publication.

(5) The Statutory Instruments Act 1977 [title 1 item 3] shall not apply to an order made under subsection (2).

Riding horses on beaches

15 (1) The Minister for the time being responsible for agriculture and fisheries and related matters may by Order published in the Gazette prohibit the riding of horses on any beach specified in the Order or on any part of any such beach, either at all times or during such times as may be specified in the Order.

(2) Any person who rides a horse on a beach or part of a beach
in contravention of an order made under this section commits an offence against this Act.

(3) The power conferred by this section on the Minister for the time being responsible for agriculture and fisheries and related matters to make Orders shall include a power to revoke or vary any Order made thereunder.

(4) The negative resolution procedure shall apply to an Order made under this section.

Riding two-wheeled vehicle on foreshore

16 Any person who rides a two-wheeled vehicle, however propelled, on that part of the foreshore below high water mark to which the public have access, commits an offence against this Act.

Offences relating to fire-fighting

17 Any person who—

(a) having reasonable cause to believe that any fire apparatus is about to pass through any place, fails to remove himself as quickly as practicable, together with any vehicle, animal or other thing in his charge, clear of the passage of such apparatus; or

(b) wantonly and unnecessarily causes any animal or vehicle in his charge to pass over any hose being used or about to be used for fire fighting purposes; or

(c) without proper authority, the proof of which shall be on him, remains inside, passes through, or attempts to pass through any naval, military or police cordon at any fire,

commits an offence against this Act.

Offences relating to games in public places

18 Any person who, in any public place—

(a) flies any kite over the public place to the annoyance or danger of any passenger or frequenter; or

(b) plays cricket or any other game to the annoyance or danger of any passenger or frequenter, or any person in any house near or adjacent to such public place,

commits an offence against this Act.

Offences against property

19 Any person who—

(a) tears down, removes or defaces any sign, or breaks any window, or breaks or otherwise injures any door or door plate, knocker, door bell or fastening, or gate, or the wall of any house, yard or garden; or

(b) without the owner's consent, posts or attaches any bill upon or to any land; or

(c) wilfully breaks, destroys, defaces or damages any part of any building, wall, fence, gate, post, pale or tree, or any fixture or appendage thereto, or any shrub or seat, fixture, lamp, lamp post, or any ornament growing or placed upon or attached to any land; or

(d) enters any land without the permission express or implied of the owner on which the owner or occupier has by notice published thereon, or by written notice posted to the trespasser at his usual or last known address by prepaid registered letter, forbidding trespassing; or

(e) cuts, digs, or breaks up any turf or ground or wil fully damages any embankment, hedge, post or fixture; or

(f) owns any dog which does any mischief or damage to any person, sheep, goat or other thing; or

(g) except in case of necessity, removes any boat from her moorings without the consent of the owner, or, hav ing removed her through necessity, fails to replace her in safety; or

(h) removes any boat, her rudder, scoop, oars, spars, sails or other apparel or equipment; or

(i) being the proprietor of cattle or poultry, permits such cattle or poultry to stray out of any land in his pos session or occupation; or

(j) except in case of necessity, removes any vehicle or beast of burden from any place where such vehicle or beast of burden has been parked, or, as the case may be, has been tethered, by the owner or user thereof; or

(k) does any act not warranted by law, or omits to discharge any legal duty, being an act or omission which obstructs or causes inconvenience to any other person in the en joyment of any right common to the public, or whereby the value of any real or personal property of any other person may be prejudicially affected,

commits an offence against this Act.

Protection of public premises and activities

20 (1) Any person who—

(a) enters any public premises as a trespasser; or

(b) not being engaged in the discharge of duties, or the per formance of obligations, connected with activities nor mally carried on in any public premises, wilfully neglects or fails to comply as soon as is practicable with a direc tion to leave those premises, being a direction given by—

(i) a person authorised in writing by a body or au thority owning, or lawfully occupying or using, the premises to give such directions with respect to those premises; or

(ii) a police officer; or

commits (without prejudice to any other provision of law) an offence against this Act:

Provided that nothing in paragraph (c) shall operate to prevent—

(i) any lawful picketing carried on outside any pub lic premises; or

(ii) any other lawful act done

by or on behalf of a registered trade union in contemplation or in fur therance of a labour dispute under the Labour Relations Act 1975 [title 18 item 1].

(2) A police officer may remove from any public premises any person who commits an offence under subsection (1)(b) in those premises.

(3) A person authorised to give directions for the purposes of subsection (1)(b) with respect to any public premises shall, if so required by any person to whom a direction is given under that paragraph to leave those premises, produce his authorisation to give such a direction.

(4) References in this section to public premises include refer ences to any building which is owned, occupied or used for any purpose by or on behalf of the Government or a local or public authority or which is occupied or used for parliamentary, judicial or police purposes and in cludes a school, and any part of any such building the curtilage thereof and the boundary walls thereof and any place or thing which is within the curtilage of any such building.

Restriction on flying certain flags

21 (1) Any person who otherwise than in conformity with the terms of a licence granted by the Governor, acting in his discretion, or under other lawful authority, flies or exhibits in any public place any of the following flags, that is to say—

(a) the Royal Standard or the personal standard of any member of the Royal Family;

(b) the flag for the time being appointed to be flown by the Governor;

(c) the White Ensign, the Blue Ensign, or any flag appointed to be flown only on Her Majesty's Ships or in connection with establishments of the Royal Navy;

(d) any flag for the time being appointed to be flown only by any Department, or any branch of any Department, of Her Majesty's Government in the United Kingdom or in Bermuda; or

(e) any flag so closely resembling any such flag as aforesaid that it might reasonably be taken to be that flag,

commits an offence against this Act.

(2) Any person who, except otherwise than in conformity with the terms of a licence granted by the Governor, acting in his discretion, or under other lawful authority, flies or exhibits in any public place—

(a) any flag mentioned in the foregoing subsection; or

(b) the Union Jack; or

where that flag bears thereon any addition, or is in any way modified or defaced, commits an offence against this Act.

(3) Subject as hereinafter provided, any person who in any public place flies or exhibits the national flag of any Foreign State with out at the same time flying or exhibiting the Union Jack or the flag of any of Her Majesty's dominions (any of which flags are hereinafter referred to in this section as a "British flag") in accordance with the following provi sions —

(a) the British flag shall not be smaller than the flag of the Foreign State and shall be in not less good condition as the flag of the Foreign State; and

(b) where the British flag and the flag of the Foreign State are flown from the same staff or jack the British flag be uppermost,

commits an offence against this Act:

Provided that nothing in the foregoing provisions of this subsec tion shall have effect—

(i) in relation to the flying, by a foreign ship, of the national or any other official flag of the Foreign State to which that ship belongs; or

(ii) in relation to the flying at the consulate, vice-consulate or consular agency of any Foreign State, of the national or any other official flag of that Foreign State; or

(iii) in relation to the flying, at any military, naval or air establishment of the United States of Amer ica, of the national or any other official flag of the United States of America.

Restriction on using Royal coat of arms and that of Bermuda

22 Subject as hereinafter provided, any person who, otherwise than in conformity with the terms of a licence granted by the Governor or un der other lawful authority, uses or displays——

(a) in connection with the carrying on of any business, trade, profession or calling; or

(b) in connection with the activities of any body of persons, whether corporate or unincorporate,

the Royal coat of arms or the coat of arms of Bermuda, or any arms so closely resembling either of these coats of arms that they might reason ably be taken to be that coat of arms, commits an offence against this Act:

Provided that nothing in the foregoing provisions of this section shall have effect in relation to the reproduction or representation of the Royal coat of arms or the coat of arms of Bermuda on any article, goods or things sold or offered for sale unless the Governor, on its appearing to him that any reproduction or representation of the Royal coat of arms or the coat of arms of Bermuda on any articles, goods or things is objec tionable on public grounds, declares, by order published in the Gazette, that such foregoing provisions shall have effect in relation to the re production or representation of the Royal coat of arms or to the repro duction or representation of the coat of arms of Bermuda on those arti cles, goods or things.

Attempts

23 Any person who attempts to commit any summary offence con stituted under this Act commits an offence against this Act and on con viction shall be liable to one half the punishment provided for in section 25.

Arrest without warrant

24 A police officer may arrest without warrant any person whom he finds committing an offence against this Act, or whom he finds commit ting an act which he honestly believes on reasonable grounds to consti tute an offence against this Act.

Punishment of offenders

25 Where a person commits an offence under this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $2,880 or both such imprisonment and fine.

Bermuda Consolidated Legislation

Summary Offences Act 1926