Statute Details
- Title: Town Council of Jurong-Clementi (Common Property and Open Spaces) By-Laws 2016
- Act Code: TCA1988-S42-2016
- Type: Subsidiary legislation (SL)
- Authorising Act: Town Councils Act (Cap. 329A)
- Commencement: 1 February 2016
- Current status: Current version as at 27 Mar 2026
- Key amendment noted in extract: Amended by S 591/2019 with effect from 1 Sep 2019
- Legislative purpose (high level): Regulates conduct on Town common property and open spaces; authorises enforcement actions (including vehicle removal/detention) and sets offences/controls requiring Town Council permission
- Notable enforcement mechanisms: Removal/detention and immobilisation of vehicles; removal of unauthorised structures; compounding of offences
What Is This Legislation About?
The Town Council of Jurong-Clementi (Common Property and Open Spaces) By-Laws 2016 (“By-Laws”) are rules made by the Jurong-Clementi Town Council under the Town Councils Act. In plain language, they set out what residents and other persons may (and may not) do on “common property” and “open spaces” within the Town—such as areas around housing blocks, shared facilities, and designated open areas.
The By-Laws aim to protect shared spaces from nuisance, obstruction, damage, and unsafe or unauthorised activities. They also provide a practical enforcement framework for the Town Council, including powers to remove unauthorised structures and to deal with vehicles that are parked unlawfully or appear abandoned.
Although the By-Laws are local in scope, they operate like a mini regulatory code: they define key terms, prohibit specified conduct unless prior written permission is obtained, and create offences with enforcement and notice procedures. The 2019 amendment is particularly relevant for mobility-related definitions and exceptions, reflecting changes to how “mobility aids” and “public paths” are treated.
What Are the Key Provisions?
1) Definitions and scope (Section 2)
The By-Laws define central concepts that determine where and how the rules apply. “Common property” and “open space” are defined by reference to the Town’s estate areas. “Vehicle” is defined broadly to include mechanically propelled and non-mechanically propelled vehicles intended or adapted for use on a road (including bicycles and personal mobility devices), but it excludes “mobility aid”. “Mobility aid” includes wheelchairs (motorised or otherwise) and mobility scooters as defined under the Active Mobility Act 2017. The By-Laws also define “public path” (declared under the Active Mobility Act 2017) and “parking place” (as defined in the Parking Places Act).
2) Unlawful parking and unauthorised vehicle use (Section 3)
Section 3 is a core control. A person must not, without the Town Council’s prior written permission, (a) park a vehicle on common property or an open space that is not a “parking place”; or (b) use, ride, or drive on common property or open space a vehicle other than a perambulator, a child’s toy vehicle used solely by a child, or a mobility aid. This provision is designed to prevent congestion, safety hazards, and misuse of shared areas.
Importantly, Section 3(2) provides an exception: paragraph (1)(b) does not apply to common property or open space that is a “public path” within the Town. This means that where the Active Mobility Act has declared a public path, certain vehicle-related restrictions may not apply in the same way—an issue practitioners should consider when advising on mobility and access rights.
3) Unlawful dumping and restrictions on building materials (Section 4)
Section 4 prohibits placing, depositing, keeping, or leaving materials or objects on common property or open spaces unless the Town Council has designated that area for such purpose. It also restricts the transport of renovation debris or building material in a lift or over common property without prior written permission. This targets both environmental cleanliness and operational safety (e.g., preventing debris from being moved improperly through shared infrastructure).
Section 4(2) adds a practical public health obligation: if a dog, cat, or other animal defecates on common property or open space, the person responsible must immediately remove the faeces and dispose of them lawfully and suitably. This is a clear, immediate duty rather than a general “keep clean” obligation.
4) Unauthorised structures and remediation (Section 5)
Section 5 prohibits erecting or installing any fixture, structure, or thing on common property or open space without prior written permission. Where a person has already installed something in contravention, the person must, within 7 days after receiving a written notice from the Town Council, remove the item at their own expense and repair any damage caused.
If the person does not comply, the Town Council may remove the fixture/structure, repair damage, and recover the expenses incurred. For practitioners, this is a significant cost-recovery mechanism: it shifts remediation and removal expenses to the non-compliant party and provides an administrative pathway for the Town Council to act without waiting for prolonged litigation.
5) Vehicle removal, detention, immobilisation, and release procedure (Section 6)
Section 6 is one of the most enforcement-heavy provisions. It applies where a vehicle is (a) parked on common property/open space in contravention of Section 3(1)(a); or (b) appears to have been abandoned on common property/open space. The secretary or an authorised officer may remove the vehicle to and detain it at a place of safety or immobilise it by affixing an immobilisation device to prevent removal without consent.
After detention/immobilisation, the Town Council must give written notice “as soon as practicable” to the owner, explaining the procedure for securing release. The notice must be served either (i) in accordance with Section 20 (service of documents) or by posting on a nearby notice board if posting is the practical alternative; or (ii) where immobilised, by affixing the notice on the windscreen or a conspicuous part of the vehicle.
Crucially, the vehicle must not be released unless the owner has paid all removal and detention/immobilisation expenses and the authorised officer directs release. A person is also prohibited from removing/tampering with the immobilisation device or notice without authorisation. If the owner does not claim the vehicle within 30 days, the Town Council may sell or otherwise dispose of it, and may apply sale proceeds to meet its expenses before paying any balance to the owner.
From a legal risk perspective, Section 6 creates a structured process that practitioners should map carefully when advising on disputes: notice timing, service method, payment of expenses, and the 30-day claim window are all likely to be focal points.
6) Other conduct controls (Sections 7–19, as reflected in the enacting formula)
While the extract provided truncates the later text, the enacting formula lists additional prohibitions that typically cover day-to-day estate management and safety. These include restrictions on repairing/painting/spraying/testing/servicing vehicles on common property (Section 7), playing of games (Section 8), obstruction of common property (Section 9), littering (Section 10), throwing objects from buildings or dangerously positioned objects (Section 11), and damage to turf/plant/shrubs/trees (Section 12) and common property (Section 13).
The By-Laws also regulate display of signs (Section 14), diversion of water or electricity (Section 15), entertainment/public gathering and sale of goods/services on common property/open spaces (Section 16), swimming/fishing/bathing (Section 17), trespassing onto lift motor room and similar areas (Section 18), and obstruction of rubbish chutes (Section 19). These provisions collectively address nuisance, safety, sanitation, and protection of infrastructure.
7) Service of documents, compounding, and enforcement boundaries (Sections 20–22A)
Section 20 provides for service of notices/documents required by the By-Laws, subject to the general rule that applies “unless otherwise expressly provided”. Section 21 introduces a compounding regime: offences under the By-Laws (read with the relevant compounding provision in the Town Councils Act) may be compounded by the Town Council. This is important for practitioners because compounding can resolve matters without full prosecution, subject to the statutory framework.
Section 22 clarifies that the By-Laws do not prevent enforcement by Town Council officers/employees or authorised persons. Section 22A states that “public paths” are not affected—reinforcing the interaction between these By-Laws and the Active Mobility Act’s public path regime.
How Is This Legislation Structured?
The By-Laws are structured as a set of numbered provisions beginning with general matters (citation and commencement; definitions) and then moving into substantive prohibitions and permissions. The main operational sections are:
- Section 1: Citation and commencement (1 February 2016).
- Section 2: Definitions (including “common property”, “open space”, “vehicle”, “mobility aid”, “public path”, and “sign”).
- Sections 3–19: Substantive rules prohibiting specified conduct on common property/open spaces unless permission is obtained, and addressing specific categories of risk (parking, dumping, structures, vehicle maintenance, obstruction, littering, dangerous objects, damage, signs, utilities diversion, gatherings/sales, swimming/fishing/bathing, trespass into restricted lift areas, and rubbish chute obstruction).
- Section 20: Service of documents.
- Section 21: Compoundable offences.
- Section 22: By-laws do not prevent enforcement by Town Council officers/authorised persons.
- Section 22A: Public paths not affected.
- Section 23: Revocation (of earlier by-laws, if any).
Who Does This Legislation Apply To?
The By-Laws apply to “a person” (broadly) who does anything on common property or in an open space within the Town of Jurong-Clementi. This includes residents, visitors, contractors, and any other individuals or entities whose conduct affects shared areas.
Practically, the most common compliance issues arise from residents and service providers: parking/vehicle use, placement of items or renovation debris, installation of fixtures/structures, and activities that create obstruction or nuisance. Contractors should be particularly mindful of restrictions on transporting renovation debris and on vehicle-related servicing activities, as these provisions often require prior written permission.
Why Is This Legislation Important?
For practitioners, these By-Laws are important because they translate broad estate management objectives into enforceable, localised legal duties. They provide clear prohibitions and, in several areas, detailed enforcement mechanics—especially for vehicles (Section 6) and unauthorised structures (Section 5). This makes the By-Laws a useful reference in disputes about removal costs, notice validity, and compliance steps.
The compounding provision (Section 21) also matters operationally. Where an alleged breach occurs, compounding may be available as a faster resolution route than prosecution, but it still requires careful attention to the underlying elements of the offence and the procedural requirements for notices and service.
Finally, the By-Laws’ interaction with national mobility and parking regimes is legally significant. The definitions and exceptions for “mobility aids” and “public paths” (Sections 2, 3(2), and 22A) mean that advice cannot be given in isolation: practitioners must consider how the Active Mobility Act 2017 and the Parking Places Act operate alongside these Town By-Laws.
Related Legislation
- Town Councils Act (Cap. 329A) (authorising provision for Town Council by-laws and compounding framework)
- Active Mobility Act 2017 (definitions of mobility scooters and public paths; interaction via “public path” and “mobility aid”)
- Parking Places Act (definition of “parking place”)
Source Documents
This article provides an overview of the Town Council of Jurong-Clementi (Common Property and Open Spaces) By-Laws 2016 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.