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Law Number (3) for 2018 Concerning the Occupation of Sidewalks and the Outdoor Spaces in the Emirate of Ras Al Khaimah
We, Saud Bin Saqr Bin Mohammed Al Qasimi
Ruler of Ras Al Khaimah
After Perusal of the Constitution of the United Arab Emirates; and
Federal Law number 21 for 1995 on the traffic, as amended; and
Federal law number24 for 1999 on the Environmental Protection and Development, as amended; and
General Municipal Code for 1981, and
Law number 2 for 2007 on the Environmental Protection and Development Authority in the Emirate of Ras Al Khaimah, as amended; and
Law number 11 for 2008 on Advertising Control, and
Law number 1for 2009 on Buildings Management, and
Law number 2 for 2009 on Food Control in the Emirate of Ras Al Khaimah, and
Law number 4 for 2016 on Restructuring and Managing the Department of Economic Development, and
Law number 5 for 2016 on Promotions and Special Offers for Commercial Advertising Purposes, and
Law number 6 for 2016 on Sale at Discounted Prices (Sales) and Clearances, and
Law number 7 for 2016 on Trade Control and Protection of Economic Installations, and
Law number 3 for 2017 on Establishment of the Public Services Department, and
Following the approval of the Executive Council;
We hereby issue the following:-
Article 1
The following words shall have the meaning assigned against each, unless the text requires otherwise;
The Emirate: Emirate of Ras Al Khaimah.
Department: Ras Al Khaimah Municipality.
The General Director: The General Director of Ras Al Khaimah Municipality.
The Board: Board of Occupying Control.
The Competent Institution: Institution of Horticulture affiliated with Public Works Department.
The Road: any route for public, which is used without permission to pass through.
The Carriageway: a route to be used by vehicles.
The Sidewalk: that part of the road adjacent to the carriageway from both sides and prepared for pedestrians, the middle way island as the sidewalk.
The Outdoor Spaces: any urban space isolated from vehicular traffic located in front of, through or next to the public roads and represent a part of the urban form of the place, and people can practice some special activities in the same without the need for any permission.
Occupation: doing any act or activity affects or reduces the usage of the sidewalks or the outdoor spaces for its intended purposes.
Article 2
Occupation of the sidewalks or the Outdoor Spaces in horizontal or vertical direction shall not be allowed without the license of the Department and in particular what comes:
1- Occupation caused by excavation,construction,demolitions , paving works, piping and wiring above or underground or holing or the like.
2- Leaving movables outside shops, factories, warehouses, houses; except for the shortest time necessary for shipping or unloading, provided that traffic is not interrupted.
3- Placing plants and flowerbeds, ornament barriers and small lampposts.
4- Placing cargo carriers, umbrellas and the like.
5- Placing goods, stocks, exhibits, seats, boxes, kiosks and the like.
6- Placing equipment for concerts, ornaments or majlis.
Article 3
Planting trees may not be allowed in the Sidewalks and the Outdoor Spaces unless authorized by the department and the endorsement of the competent institution, and these trees are considered public property whatever they are planted.
Article 4
The provisions of that law shall not be applied to the next Occupations:
1- Placing bulletin and signboards on the roads of the Emirate.
2- Protection fences and aisles during the construction work.
3- Licensed parking spaces for buildings according to approved licenses and schemes.
Provided that the said Occupation are subject to the provisions and conditions set out in the related legislations.
Article 5
License for Occupation shall be under conditions and terms stipulated in this law, executive regulations and decisions pursuant thereto. Other may not licensed Occupations shall be designated by a General Director’s decision.
Article 6
The department shall issue licenses for occupying the sidewalks and the outdoor spaces, the applicant for the license shall apply a request of an edited form prepared for that purpose to the Department, which will have thirty days of submission to pronounce itself, otherwise it shall be considered rejected. The Department may refuse to license of occupying all or some of the required space, in accordance with requirements of regulations, overall security, public decency, health, traffic or the harmonization of the Emirate.
Article 7
Occupation license may be issued for one year, renewable for a similar period. Certain Occupations, festival permits, election campaign and events may be licensed for a shorter period.
Article 8
The license period, conditions to be followed by the licensee, fees payable and deposit shall be indicated in the license. The license shall not be valid except for the type of occupation for which it was granted. The license shall be personal and may not be waived except with the approval of the General Director after the application of the assignee, otherwise the license may be revoked. The licensee may request to renew the license before the expiration of its term in respect of the provisions of articles 6 and 7 of this act.
Article 9
The General Director may, in accordance with, the regulations, overall security, public decency, health, traffic or the harmonization of the Emirate, revoke the license ,reduce its term or the licensed area, provided that the occupation fee is paid back in whole or part thereof by less than the license term or the licensed area, as the case may be. The licensee shall remove the Occupation within the period specified by the Department provided that not to be less than twenty- four hours from the time of its declaration of the cited decision in the administrative method, otherwise the provisions of article 16 of this act shall be followed.
Article 10
The licensee shall, under the provisions of this law, take the necessary precautions to ensure the safety of passersby and property. He shall also deliver the licensed place in the condition that existed prior to the license; otherwise, deduction from the deposit shall be necessary to restore the situation to what it was before the Occupation, and return the balance to him when necessary.
Article 11
The Occupation Supervisory Board shall be formed by a decision of the General Director, of a chairman and at least four members of the engineers and technicians working in the Department. The meeting of the board shall be valid in the presence of the majority of its members. The oldest member shall chair the meeting in the absence of the chairman and decisions shall be issued by a majority vote of those present and in case of equality, the chairman shall be having casting vote and it is tasking with the following:
1- Follow up the issuance of Occupation of the sidewalks and the Outdoor Spaces.
2- Receiving complaints and grievances of Occupation of the Sidewalks and the Outdoor Spaces.
; And any other tasks related to Occupation assigned to it by the General Director.
Article 12
The General Director shall issue a decision, after the Board’s survey, showing the occupation fees and the deposit amount, the Occupation license shall be issued only after the payment of fees and deposit.
Article 13
Shall exempted from the payment of fees and deposit referred to in the previous article in the following cases:
1- Occupations of ministries, government departments, public institutions and bodies in emergency cases that can not be delayed.
2- Temporary occupations of charitable, religious, social, sports, health, scientific or professional institutions and associations registered in accordance with the provisions of the law.
In all the previous cases, it shall not be occupied before obtaining a license from the Department; otherwise, the provisions of Articles 16 and 17 of this Law shall apply.
Article 14
The Department may, on an exceptional basis exempted from the license, occupation fee and deposit, any temporary Occupation, provided that prior approval is obtained before commencing the Occupation.
Article 15
Those concerned may appeal against the decisions issued by the Department in respect of the Occupation licenses within thirty days of being declared or from the termination date of the period under Article 6. The grievance shall be submitted to the Board, it shall be decided within thirty days of submission, and it shall be justified; those concerned may appeal the decision of the Board before the competent court within sixty days from the date of being declared.
Article 16
The Department may remove the Occupation in the administrative way at the expense of the violator, in case of occupying without license or the license is terminated or revoked. The Occupation items shall be seized, indicated in the official report and transferred to a place prepared by the Department for this purpose. The violator shall recover the seized items within a period specified and declared by the Department after the payment of the double occupancy fee due with all expenses and fails to do so, the Department may sell these items by public auction , deduct what he owes and return the balance when necessary.
Article 17
Anyone who violates the provisions of this Act and the decisions issued in implementation thereof shall be liable to a fine of not more than fifty thousand dirhams, moreover, the violator shall pay double Occupation fee due with all expenses until full removing of the Occupation.
The Department may accept conciliation in crimes committed in violation of the provisions of this law, provided that the reasons for the violation are removed and the required Occupation fees paid.
Article 18
Staff members who are designated by the General Director shall have the capacity of law enforcement officers in the implementation of the provisions of this law.
Article 19
In order to apply the provisions of this law, the Department shall be assisted by the departments, bodies and governmental and local institutions.
Article 20
Fees and fines collected under this law shall be transferred to the Department’s treasury.
Article 21
Any legislation, bylaw or decision contrary to the provisions of this law shall be repealed.
Article 22
The General Director shall issue the executive regulations and decisions necessary to implement the provisions of this law.
Article 23
All occupants of sidewalks and out squares shall regularize their status in accordance with the provisions of this law within six months of its effective date.
Article 24
This law shall be promulgated in the official gazette and shall be effective as of the date of issuance.
Saud Bin Saqr Bin Mohammed Al Qasimi
Ruler of Ras Al Khaimah
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