THE EDITOR, Sir:We refer to the Letter of the Day 'Bite on this Mr. Mayor'! penned by you and published in The Gleaner of October 31, 2007, and seek to provide you with some pertinent facts as they relate to laws relevant to advertising in Kingston and St. Andrew.
The Town and Country Planning Act, 1958; the KSAC, 1931, Sections: 6:8 192-195, 223-225, First Schedule, Second Schedule, Third Schedule; the Kingston and St. Andrew Building Act, 1883; the Parochial Roads Act, 1932, Sections 51-53; all provide significant insight in relation to advertising in Kingston and St. Andrew. The National Solid Waste Management Act and the Advertisement Regulation Act 1947 provide further insight.
The Advertisement Regulation Act 1947 gives the chief technical director (now NWA) authority to regulate the erection of advertisements. Section 4 of this act refers. Section 1 Subsection 2 of this act states: This Act shall not apply within the Urban and Sub-Urban Districts of the Corporate Area as defined in the Kingston and St. Andrew Corporation Act or within the limits of any town as defined for the purposes of this Act or for general purposes under the provisions contained in the Parish Councils Act."
This is definitive proof of the authority of the Kingston and St. Andrew Corporation
In the case of King Alarm, the only agency authorised to give approval for the erection and display of advertisement signs is the Kingston and St. Andrew Corporation.
Once advertising signs are approved and erected, the maintenance of these signs is the responsibility of the person/entity erecting the sign. If the signs are removed without proper authorisation or are vandalised, the person/entity responsible for the erecting of the sign has legal recourse. This recourse is better facilitated when the perpetrators are known. King Alarm knew that it was the NWA who had removed their signs. The advice to 'sue them' was free advice and not a cavalier statement. The KSAC's approval for the erection of advertising signs gave you permission to erect and display your Advertising signs, and protection under law.
Bringing order to the Municipality
We have been in contact with your company since May 19, 2004, seeking to have your advertising signs regularised. By your own admission, you have deliberately refused to comply with the regulations of the KSAC.
The KSAC will continue to enforce existing regulations in our continuing efforts to bring order to the municipality and to promote and foster commerce. We will continue our efforts in an unbiased and objective manner despite the many and varied attempts to replace our natural teeth with dentures.
Mr. Azar, we urge you to respect the laws of our country and those authorised to enforce and implement them.
I am, etc.,
LINCOLN EVANS
Acting Town Clerk