Town Council of Jalan Besar (Common Property and Open Spaces) By-laws 2016 - Legislation Guide
Town Council of Jalan Besar (Common Property and Open Spaces) By-laws 2016
Legislation Overview
- Full title: Town Council of Jalan Besar (Common Property and Open Spaces) By-laws 2016. (By-law title; metadata)
- Legislation number: No. S 140. (Metadata)
- Gazette citation: SL 140/2016. (Metadata)
- Commencement: The By-laws “come into operation on 1 April 2016.” (Metadata; commencement)
- Current status: Current version as at 27 Mar 2026. (Metadata)
- Enabling power: Made “in exercise of the powers conferred by section 24 of the Town Councils Act.” (Preamble)
- Town covered: The Town of Jalan Besar. (Definitions; by-law 1)
- Core subject matter: Regulation of common property and open spaces in the Town, including cleanliness, obstruction, damage, parking, use of vehicles, signage, works, utilities, and access to restricted areas. (By-laws 3 to 18)
- Amendment history: Amended by S 590/2019 with effect from 1 September 2019. (Amendment note)
Summary
The Town Council of Jalan Besar (Common Property and Open Spaces) By-laws 2016 establish a detailed set of rules governing conduct on common property and open spaces in the Town of Jalan Besar. The By-laws are made under section 24 of the Town Councils Act and are directed at preserving order, safety, cleanliness, and the proper use of shared areas managed by the Town Council. (Preamble; by-laws 3 to 18)
The scheme is broad. It prohibits placing objects on common property without designation, dumping debris or refuse, throwing items from flats, obstructing common property, damaging or removing common property, interfering with plants and turf, parking or driving vehicles without permission, repairing vehicles in shared areas, skating or playing games outside designated areas, holding events or selling goods without permission, displaying signs without permission, carrying out works without permission, taking water or electricity from shared installations without permission, depositing harmful items into refuse chutes, and entering certain restricted rooms or installations without permission. (By-laws 3 to 18)
The By-laws also preserve the Town Council’s enforcement powers and clarify that they do not affect the public’s right to use public paths under the Active Mobility Act 2017. Offences may be compounded by the Town Council in accordance with section 49 of the Town Councils Act. (By-laws 20, 21, 21A)
What is the purpose?
The purpose of the By-laws is stated in the preamble: “In exercise of the powers conferred by section 24 of the Town Councils Act, the Town Council for the Town of Jalan Besar makes the following By-laws.” (Preamble)
Read as a whole, the purpose is to regulate the use, protection, and management of common property and open spaces in the Town. The rules are designed to prevent obstruction, nuisance, damage, unsafe conduct, unauthorised use of facilities, and interference with the Town Council’s management of shared areas. This is evident from the prohibitions on placing items on common property, dumping refuse, throwing objects from buildings, obstructing lawful use, damaging common property, interfering with vegetation, parking or driving vehicles, conducting repairs, staging events, displaying signs, carrying out works, taking utilities, and entering restricted areas without permission. (By-laws 3 to 18)
The By-laws also support enforcement and administration. By-law 21 preserves the authority of officers, employees, and authorised persons to do what is reasonably necessary or expedient to enforce the By-laws. By-law 20 provides for compounding of offences under the By-laws in accordance with section 49 of the Town Councils Act. (By-laws 20, 21)
What are the key provisions?
1. Definitions that shape the scope of the By-laws
The interpretation clause is important because it defines the spaces, objects, and activities regulated by the By-laws. “Building” means “a building in a housing estate of the Board in the Town”; “common property” means “any common property in the Town”; and “open space” means “an open space in the Town that is common property.” (By-law 1)
The term “Town” means “the Town of Jalan Besar,” and “Town Council” means “the Town Council of the Town.” These definitions identify the geographic and institutional scope of the By-laws. (By-law 1)
The By-laws also define “vehicle” broadly as “a vehicle, whether mechanically propelled or not, intended or adapted for use on a road,” including “a bicycle, power-assisted bicycle or personal mobility device as defined by the Active Mobility Act 2017,” but excluding “any mobility aid.” This definition is central to the parking and use restrictions in by-law 9 and the repair restrictions in by-law 11. (By-law 1; by-laws 9, 11)
“Mobility aid” is separately defined as a device carrying an individual who is unable to walk or has difficulty in walking, including “a wheelchair (motorised or otherwise)” and “a mobility scooter as defined by the Active Mobility Act 2017.” This exclusion from the definition of vehicle matters because mobility aids are expressly exempted from the vehicle-use prohibition in by-law 9(2). (By-law 1; by-law 9(2))
Other definitions include “parking place,” which has the same meaning as in section 2 of the Parking Places Act, and “public path,” which means a path declared under section 6 of the Active Mobility Act 2017 as a public path. These cross-references are important because by-law 9(2)(d) and by-law 21A preserve rights relating to public paths. (By-law 1; by-law 9(2)(d); by-law 21A)
2. Restrictions on placing items and transporting debris
By-law 3(1)(a) prohibits a person from placing, depositing, keeping or leaving, or causing or permitting the same, “any object, material, article or thing on any common property or in an open space not designated by the Town Council for that purpose.” This is a general anti-clutter rule that protects shared areas from unauthorised storage or obstruction. (By-law 3(1)(a))
By-law 3(1)(b) separately prohibits transporting renovation debris or other building material in any lift in a building, or over any other common property or open space, without the prior written permission of the Town Council. This provision addresses the risks and inconvenience associated with renovation works and building materials in shared spaces. (By-law 3(1)(b))
3. Cleanliness and refuse control
By-law 4 prohibits throwing or depositing, or causing or permitting the same, “any dust, dirt, ash, refuse, rubbish or other matter or thing into or onto any common property or open space other than in a refuse chute or any other refuse or litter container or receptacle designated by the Town Council for that purpose.” The rule is aimed at maintaining cleanliness and ensuring waste is disposed of only in designated facilities. (By-law 4)
By-law 17 adds a more specific refuse-chute control. It prohibits throwing or depositing, or causing or permitting the same, into a refuse chute in a building, any object, material, thing, article or substance that will or is likely to choke or clog the chute, obstruct the free fall of refuse, or cause nuisance, annoyance or inconvenience to other occupiers. This provision protects the functioning of refuse systems and the amenity of residents. (By-law 17(a) to (c))
4. Safety and liability for items thrown from buildings
By-law 5(1) states that a person must not endanger the life of, or cause injury to, another person, or cause damage to any property in the Town by throwing an item, or allowing an item to fall, from the person’s flat or any part of a building onto any common property or an open space. This is a serious safety provision because it addresses both intentional throwing and negligent allowing of items to fall. (By-law 5(1))
5. Obstruction, damage, and removal of common property
By-law 6(1) prohibits obstructing, or causing or permitting the obstruction of, the lawful use of any common property with an object, fixture or thing. The focus is on preserving access and lawful use by residents and others entitled to use the common property. (By-law 6(1))
By-law 7(1) prohibits removing, destroying, damaging or defacing any common property, or removing any earth, soil or property from the common property. This protects the physical integrity and appearance of shared areas. (By-law 7(1))
6. Protection of turf, plants, shrubs, and trees
By-law 8 prohibits, without the prior written permission of the Town Council, removing, cutting, damaging or disposing of any turf, plant, shrub or tree, or any part of it, situated on common property or in an open space. It also prohibits picking a shrub or plant, or any part of it, in those areas. The provision protects landscaping and green spaces under the Town Council’s control. (By-law 8(a) and (b))
7. Parking and use of vehicles
By-law 9(1)(a) prohibits, without prior written permission of the Town Council, parking a vehicle on any common property or in an open space that is not a parking place. By-law 9(1)(b) prohibits, without prior written permission, using, riding or driving a vehicle on any common property or in an open space. These are broad restrictions on vehicle access and movement in shared areas. (By-law 9(1)(a) and (b))
The By-laws provide important exceptions. By-law 9(2) states that paragraph (1)(b) does not apply to a perambulator, a toy vehicle used solely by a child, a mobility aid, or any common property or open space that is a public path within the Town. These exceptions preserve ordinary pedestrian and mobility use, and they protect public-path rights. (By-law 9(2)(a) to (d))
8. Vehicle repair and servicing
By-law 11(1) prohibits repairing, painting, spraying, testing or servicing, or causing or permitting the same, of a vehicle on any common property or in an open space. This prevents nuisance, pollution, and obstruction caused by vehicle maintenance in shared areas. (By-law 11(1))
By-law 11(2) provides that paragraph (1) does not apply to repairs that are reasonably necessary for the removal of the vehicle from the common property or open space. This is a practical exception for emergency or incidental repairs needed to move a vehicle away. (By-law 11(2))
9. Roller skating, skateboarding, and games
By-law 12(2) prohibits roller skating, skateboarding, or playing or taking part in any game on or in any common property or open space, except in the designated area for that activity. By-law 12(1) empowers the Town Council to designate a part of any common property or open space as an area where a person may roller skate, ride a skateboard, or play or take part in a game specified in the notice board. Together, these provisions allow controlled recreational use while protecting other users. (By-law 12(1) and (2))
10. Events, entertainment, and sales
By-law 13 prohibits, without the prior written permission of the Town Council, holding or staging, or causing the holding or staging of, any show, play, wayang or other entertainment, or any reception or formal party on common property or in an open space. It also prohibits selling, or offering or exhibiting for sale, goods or services in those areas without permission. This gives the Town Council control over commercial and public events in shared spaces. (By-law 13(a) and (b))
11. Signs and notices
By-law 14(1) prohibits, without the prior written permission of the Town Council, displaying, or causing or permitting to be displayed, a sign on any common property or in an open space. The definition of “sign” is broad and includes “a signal, warning sign post, direction post, banner or notice, or an advertisement.” This allows the Town Council to regulate visual clutter, advertising, and directional or warning materials in shared areas. (By-law 14(1); by-law 1 definition of “sign”)
12. Works, fixtures, and installations
By-law 15(1) prohibits, without the prior written permission of the Town Council, carrying out any works, including the erection or installation of a fixture, structure or thing, on any common property or in an open space. This is a broad control over alterations to shared property. (By-law 15(1))
13. Water and electricity
By-law 16 prohibits, without prior written permission of the Town Council, drawing, diverting or taking water from any tap, pipe or water service installation situated on common property or in an open space, and similarly taking electricity from any socket, electrical supply line or electrical installation situated on those areas. This protects shared utilities from unauthorised use and potential safety risks. (By-law 16(a) and (b))
14. Restricted access areas
By-law 18 prohibits, without prior written permission of the Town Council, entering a lift motor room, pump room, switch room or roof top. It also prohibits entering any common property that is a fenced enclosure, building or room and contains an installation for the use or supply of water or electricity. This provision protects sensitive infrastructure and safety-critical areas. (By-law 18(a) and (b)(i) and (ii))
15. Enforcement and preservation of public path rights
By-law 20 states that any offence under the By-laws, read with section 24(9) of the Town Councils Act, may be compounded by the Town Council in accordance with section 49 of the Act. This creates an administrative enforcement mechanism for offences under the By-laws. (By-law 20; section 24(9) of the Act; section 49 of the Act)
By-law 21 provides that the By-laws do not prevent an officer or employee of the Town Council, or a person authorised by the Town Council, from doing an act that is reasonably necessary or expedient to enforce the By-laws. This preserves practical enforcement powers. (By-law 21)
By-law 21A states that the By-laws do not affect the rights of the public to pass along a public path within the Town in accordance with the Active Mobility Act 2017. This is an important saving provision ensuring that the By-laws do not override public-path rights under the active mobility regime. (By-law 21A; section 6 of the Active Mobility Act 2017)
What are the penalties/obligations?
The extracted text does not set out a standalone penalty clause in the By-laws themselves. Instead, the enforcement consequence identified in the text is compounding of offences. By-law 20 provides that any offence under the By-laws, read with section 24(9) of the Town Councils Act, may be compounded by the Town Council in accordance with section 49 of the Act. (By-law 20; section 24(9) of the Act; section 49 of the Act)
The practical obligations imposed on persons in the Town are extensive and are expressed as “must not” prohibitions throughout by-laws 3 to 18. These obligations include not placing items on unauthorised common property, not dumping refuse, not throwing items from buildings, not obstructing common property, not damaging common property, not interfering with plants, not parking or driving vehicles without permission, not repairing vehicles in shared areas, not skating or playing games outside designated areas, not holding events or selling goods without permission, not displaying signs without permission, not carrying out works without permission, not taking water or electricity without permission, not depositing harmful items into refuse chutes, and not entering restricted rooms or installations without permission. (By-laws 3 to 18)
Several obligations are qualified by the need for “prior written permission of the Town Council.” That permission requirement appears in by-laws 3(1)(b), 8, 9(1), 13, 14(1), 15(1), 16, and 18. In each of those cases, the default position is prohibition unless written permission is obtained. (By-laws 3(1)(b), 8, 9(1), 13, 14(1), 15(1), 16, 18)
The By-laws also impose positive compliance obligations through exceptions and designated areas. For example, vehicle use is allowed in the limited circumstances set out in by-law 9(2), vehicle repairs necessary for removal are allowed under by-law 11(2), and skating or games may occur only in designated areas under by-law 12(1) and (2). (By-laws 9(2), 11(2), 12(1) and (2))
When did it come into effect?
The By-laws “come into operation on 1 April 2016.” That is the commencement date stated in the extracted metadata. (Metadata; commencement)
The current version is identified as “Current version as at 27 Mar 2026,” and the extracted amendment note records that the By-laws were amended by S 590/2019 with effect from 1 September 2019. (Metadata; amendment note)
Legislation Referenced
- Town Councils Act — enabling statute for the By-laws; referenced in the preamble, by-law 20, and by-law 21. (Preamble; by-laws 20, 21)
- Section 24 of the Town Councils Act — power under which the By-laws are made. (Preamble)
- Section 24(9) of the Town Councils Act — referenced in relation to offences under the By-laws. (By-law 20)
- Section 49 of the Town Councils Act — compounding provision applied by by-law 20. (By-law 20)
- Parking Places Act (Cap. 214) — supplies the meaning of “parking place.” (By-law 1)
- Active Mobility Act 2017 (Act 3 of 2017) — referenced in the definitions of “mobility aid,” “public path,” and “vehicle,” and in by-law 21A. (By-law 1; by-law 21A)
- Section 6 of the Active Mobility Act 2017 — defines “public path” for the purposes of the By-laws. (By-law 1)
- Section 20(1) of the Act — referenced in the extracted related legislation list. (Related legislation note)
Additional Notes on Scope and Operation
The By-laws are drafted in a highly operational style, using repeated “must not” formulations to create clear prohibitions. This drafting technique is visible across the core provisions and indicates that the instrument is intended to be directly enforceable against conduct in common property and open spaces. (By-laws 3 to 18)
The Town Council’s control is not absolute in every situation. The text repeatedly allows conduct where prior written permission is granted, and it also creates express exceptions for certain vehicles, necessary repairs, designated recreational areas, and public paths. These exceptions show that the By-laws balance regulation with practical use of shared spaces. (By-laws 8, 9(2), 11(2), 12(1), 21A)
The saving provision in by-law 21A is especially important because it confirms that the By-laws do not displace the public’s rights under the Active Mobility Act 2017 to pass along a public path within the Town. That means the Town Council’s restrictions on vehicles and activities must be read consistently with the statutory public-path regime. (By-law 21A; by-law 1 definition of “public path”)
```
Source Documents
This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.