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ME-ALLIANCE LEGAL UPDATE
Resolution No. (220) of 2024 Concerning the Schedule of Violations, Fines, and Administrative Penalties Related to Law No. (2) of 2012 Regarding the Preservation of the Public Appearance, Health and Public Tranquility in the Emirate of Abu Dhabi (Violations of the Regulations of Public Appearance and Public Tranquility)
On August 8, the Chairman of the Department of Municipalities and Transport issued Decision No. (220) of 2024 concerning the schedule of violations, fines, and administrative penalties related to Law No. (2) of 2012 regarding preservation of public appearance, health, and public tranquility in the Emirate of Abu Dhabi. The provisions of the decision included the following:
Article (1) of the decision defines the following terms: the Emirate, the Department, the concerned Municipality, the Law, Public Appearance and Public Tranquility Regulations, the Grievances Committee, Public Places, Public Appearance, Disturbance, and Public Tranquility.
Article (2) emphasizes the enforcement of the schedule of respective fines and administrative penalties attached to this decision.
Article (3) of the decision specifies the duties of the judicial officer regarding monitoring and recording violations according to the procedures outlined in the article. These procedures include the officer issuing a violation report, notifying the violator of the violation (which can also be done electronically), and offering reconciliation to the violator by the authorized judicial officers, which must be recorded in the previously issued report. The officers are also allowed to use devices and technologies, and to seek assistance from the police or any competent authority when necessary.
Article (4) grants the chairman of the department the authority to offer reconciliation and to record it in the violation report. The violator who accepts the reconciliation must provide written or electronic consent and must remove the effects of the violation within the specified period. Additionally, the violator must pay 75% of the prescribed fine amount after ensuring that the effects of the violation have been removed and any due fees have been paid. This must be done within 60 days from the date of the reconciliation offer. The reconciliation results in the termination of the violation, and it will not have any impact if the violation is repeated.
Article (5) of the resolution specifies administrative penalties that the concerned municipality may impose in the event of violations. These penalties include:
1. Warning
2. Suspending the violating activity and seizing the used tools.
3. Removing the violation at the expense of the offender.
4. Suspending the license or withdrawing it temporarily.
Article (6) grants the violator the right to appeal the administrative penalty using a prepared form, specifying the reasons for the appeal and providing supporting documents. The appeal must be submitted to the Complaints Committee within one week from the date of notification of the administrative penalty. The Complaints Committee will review and decide on the appeal within two weeks from the date of submission, either by accepting or rejecting it, and the violator will be notified of the outcome. However, if the appeal is not decided within the specified period, it will be considered rejected.
Article (7) emphasizes that the violator is required, in all cases, to remove the causes of the violation within the period specified by the concerned municipality. If the end of the period coincides with a weekend or a public holiday, the deadline will be extended to the first working day thereafter. If the violator does not comply, the municipality is authorized to remove the violation at the violator’s expense after the specified period has elapsed. The municipality is also authorized to remove the violation immediately, without regard to the specified period, if necessary.
Article (7) also establishes the principle of gradual application of administrative penalties for violators. However, it allows for the immediate imposition of more severe administrative penalties when the circumstances of the violation warrant such action.
Article (7) also specifies the time frame for repeated violations, setting it at one year from the date the first violation was committed. If a violation is repeated within this period, the penalty is escalated in accordance with the schedule attached to the decision.
It is stipulated in Article (9) of the resolution that any provision or rule that contradicts this resolution shall be repealed. According to Article (10), the resolution will be effective from the date of its publication.
Regarding the schedule of violations and fines attached to the resolution, updates have been made to all violations related to the public appearance and public tranquility regulations. The schedule considers a gradual application of fines, differentiating between the first-time commission of a violation and cases where there is persistence in committing the violation or repeated breaches of the regulations and laws.
The schedule of violations and fines has been designed to account for a gradual increase in the fines according to the nature of the violation, with the fines being doubled in cases of repeat offenses (violations of public appearance and public tranquility regulations), as follows:
1. Violations of the Public Appearance Preservation Regulations
The violation listed in the schedule of the regulations have been retained, and new violations have been introduced. For example:
-Leaving, storing, or placing any materials or other objects on rooftops or balconies in a manner that distorts the public appearance or harms public health.
-Failure of the owner or their legal representative to maintain the cleanliness of waste disposal containers in establishments
2. Violations of the Public Places Preservation Regulations
Several new violations related to the preservation of public places have been introduced. For example:
-Throwing cigarette butts outside designated containers.
-Disposal of waste and debris through open burning.
-Scavenging, searching through, or tampering with the contents of garbage.
-Throwing gum or similar substances in public places.
-Throwing waste from windows or balconies.
3. Violations of the Public Disturbance Regulations
-Spitting or depositing nasal discharge in public places.
-Spitting remnants of betel leaf (paan) or naswar, or disposing of their waste in public places, along with other violations.
4. Violations of the Camping and Public Events Regulations
-The resolution introduces a violation related to non-compliance with licensing conditions.
-Establishing, managing, or promoting an event or camping in public places with an expired license.
5. Violations of the Satellite Dish Regulations
-The resolution introduces a violation for the failure of building owners or their legal representatives to install satellite dishes in accordance with the approved conditions. The fine is doubled in cases of repeat offenses.
6. Violations of the Abandoned Vehicles Regulation.
-The decision retains the violation related to leaving a vehicle in public places in a manner that distorts the public appearance, as outlined in the previous schedule. However, the fine is doubled in cases of repeat offenses. Additionally, the following new violation has been introduced:
-Leaving the chassis of a vehicle in public places, which results in the distortion of the public appearance.
7. Violations of the Wall Preservation Regulations
-The violations under this regulation include writing or drawing, or similar actions on walls, fences, or barriers without authorization.
-Failure of the owner or user to remove writing or similar markings from walls, fences, or barriers, if the violation has not been addressed.
8- Violations of the Advertising Signage Regulations
-The resolution retains previous violations with the consideration of doubling the fine in cases of repeat offenses and removes the violation related to “grammatical errors in the advertising sign.” Additionally, a new violation has been introduced:
-Failure to comply with the approved advertising content.
9. General Violations
The resolution introduces new general violations as follows:
-Failure of the violator to remove the effects of the violation within the time frame specified by the concerned municipality.
-Obstructing or preventing the municipality from removing the violation, with a penalty of one hundred thousand dirhams for the offender.
• For more information, press the link below:
8th Arabic 2024.pdf >>8th Arabic 2024.pdf
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