Island Ordinance containing rules to grant the Governor of Saba special powers (the Special Powers Ordinance)(A.B. 2021.005)

Geldend van 11-11-2021 t/m heden

Intitulé

Island Ordinance containing rules to grant the Governor of Saba special powers (the Special Powers Ordinance)(A.B. 2021.005)

THE ISLAND COUNCIL OF THE PUBLIC ENTITY OF SABA,

Having regard to:

Article 136 and Article 149 of the Act public entities of Bonaire, Statia, and Saba

Taking into consideration:

that it is desirable to lay down rules for the powers of the Governor;

HAS DECREED:

to enact the following Island Ordinance:

Chapter 1 GENERAL PROVISIONS

Article 1 Definitions

In this Island Ordinance and the provisions based on same, the following shall be meant by:

  • a. the law: the Public Entities Act of Bonaire, Statia, and Saba

  • b. Governor: the Governor of Saba.

Chapter 2 SPECIAL POWERS OF THE GOVERNOR

Article 2 Administrative Detention

Pursuant to Article 158 of the Act public entities BES, the Governor may decide to have groups of persons designated by him to be detained temporarily in a place designated by him, if these persons as a group do not observe the provisions of the general local ordinance Saba and, or the road traffic ordinance Saba.

Article 3 Security Risk Areas

Pursuant to Article 155 of the Act public entities BES, the Governor may designate an area, including public establishments and public areas as a security risk area in the event of disturbance of the peace on account of the presence of weapons, or if there is serious fear that this disturbance may arise.

Article 4 Camera Surveillance in Public Areas

  • 1. Pursuant to Article 156 of the Act public entities BES, the Governor may decide to install cameras for a certain period for surveillance of a public area.

  • 2. The Governor shall also have this power with regard to the following other areas:

    • a.

      the waste processing plant and the landfill;

    • b.

      within the harbor building with the fenced-in land around it;

    • c.

      the various public hiking trails in Saba;

    • d.

      the public road;

    • e.

      the government building and other buildings of public services in The Bottom;

    • f.

      the buildings of public-owned entities (utility company and telecom company);

    • g.

      non-governmental buildings in Saba that are accessible to the public, the management of which requests the Governor for camera surveillance;

    • h.

      the landfill for natural waste in the bend locally called the Hell's Gate Guts; and

    • i.

      parking lots in Saba, accessible to everyone.

Article 5 Area bans

  • 1. In the interest of public order, prevention or reduction of nuisance, prevention or reduction of impairment of the living climate or living environment, the safety of persons or goods, health or morality, the Governor may order a person who commits criminal offenses or acts that disturb the peace not to be in one or more specified parts of the island in a public area for no more than 24 hours.

  • 2. In connection with paragraph 1, the Governor may order a person who has at least once been given an order as referred to in that paragraph, and who commits one or more of aforementioned violations again, or commits criminal offenses or acts that disturb the peace, not to be in one or more specified parts of the island in a public area for no more than 8 weeks.

  • 3. An order as referred to in the second paragraph shall only be given if the violation or the criminal offense or the act that disturbs the peace takes place within six months after an earlier order given pursuant to the first or second paragraph.

  • 4. The Governor shall limit the orders given pursuant to the first or second paragraph if he finds it necessary in connection with the personal circumstances of the person concerned. The Governor may grant temporary exemption from an order given on request.

Chapter 3 FINAL PROVISIONS

Article 6

This Island Ordinance shall take effect after promulgation.

Article 7

This Island Ordinance shall be cited as the Special Powers Ordinance.

Ondertekening

Adopted in the public island council meeting of November 10th, 2021.

De Eilandsgriffier,

A.M. Levenstone

De Gezaghebber,

J. G. A. Johnson, M. Ed.