The Maintenance of Cleanliness in Public places and Establishments

The Maintenance of Cleanliness in Public places and Establishments. This is the first Chapter of the law. It would be Section 6 which would be important when you have a business in Thailand. This stipulates that you must keep the road in front of your business clean. This is mainly for those who operate at the market. Cleaning on roads are also not allowed. Likewise also see those who have a franchise who own a filling station also need to provide toilets for customers. This is all part of the Act on the Maintenance of the Cleanliness and Orderliness of the Country. The law most people would not of heard of.

 

The Maintenance of Cleanliness in Public places and Establishments

street cleaners

See also the law with regard to putting up signs. Likewise graffiti being illegal. Lastly also note that Section 20 covers those who own a restaurant or own a bar in Thailand. This covers the need for ablution facilities at your business as much as stated above for those who own a filling station.

Section 6

The duty to maintain cleanliness of pavements adjacent to buildings or market areas falls upon the owner or occupier of the respective premises. Likewise in markets, the responsibility extends to both the market owner and individual stall occupiers. This is a common issue with public markets in Thailand. The owners or occupiers may delegate this duty but remain accountable for any violations if their assignees cannot be located.

Section 7

Those responsible for cleanliness enforcement under Section 6 have the authority to issue warnings and demand corrective actions. Failure to comply warrants notification of competent officials for further action.

Section 8

Owners or occupants committing the following acts, such as leaving withered plants, untidy areas, or refuse, may face penalties. This especially if such negligence is visible from public places.

Section 9

Bathing or cleaning activities on roads or in public places not designated for such purposes, or in areas prohibited by local officials, is strictly prohibited.

Section 10

Posting advertisements or distributing flyers in public spaces requires prior permission from local authorities. This with compliance to specified rules and conditions. Ministerial regulations outline the permission process, including fee structures and exemptions which I have added below.

Section 11

Advertisements lacking proper permission or not adhering to specified rules. These may be ordered for their removal or alteration by local officials. (See also the Signboard Tax in Thailand)

If an advertisement, as described in Section 10, is displayed without proper permission or fails to comply with specified rules. Likewise the local officials or competent authorities have the authority to issue a written order to the advertiser for its removal, erasure, or correction within a designated timeframe.

Furthermore, if such an advertisement contains content detrimental to public order, morality, or is obscene. See the criminal charge of public obscenity in Thailand in the article on petty crimes. Likewise then the competent official may personally remove, erase, or correct it, with expenses incurred being charged to the advertiser.

Section 12

No individual shall deface public spaces, including walls, roads, trees, or buildings, by scraping, chipping, writing, or painting messages, images, or photos, except in cases where authorized by local or other relevant authorities. (Graffiti is illegal in Thailand)

Section 13

Owners of vehicles transporting animals, stones, rocks, dirt, mud, sand, refuse, waste, or other items must ensure that the vehicle is adequately maintained to prevent the spillage, leakage, scattering, or dispersal of such substances onto the road during operation. You will note that the trucks transporting pigs to the market in Thailand tend to be covered with a plastic sheet.

Additionally, measures should be taken to prevent oil leaks from the vehicle onto the road. In the event of non-compliance, competent officials, traffic officers, or police on duty have the authority to instruct the driver to bring the vehicle to specified locations such as the police station, transport office, or local administrative office, and may confiscate the vehicle until the owner or occupant pays a fine.

Section 14

It is prohibited for individuals to:

(1) Release, walk, or lead an animal along the road or enter areas where such activities are prohibited by local officials.

(2) Allow an animal to defecate on the road without cleaning up the excrement.

Exceptions to paragraph one include individuals who have obtained permission from local officials to lead animal processions or herds along the road and have paid the required cleanliness maintenance fee according to local regulations.

Section 15

It is prohibited to clean vehicles such as cars, motorcycles, or other wheeled vehicles on the road or in public establishments, thereby causing the road or establishment to become dirty.

Section 16

Individuals are not allowed to conduct repairs, modifications, additions, or installations on cars, motorcycles, or wheeled vehicles on any part of the road. However, this provision does not apply to emergency repairs necessary for the vehicle to continue operating on the road after a breakdown or equipment failure.

Section 17

No one shall:

(1) Intentionally damage the pavement.

(2) Park, drive, or ride a car, motorcycle, or wheeled vehicle on the pavement, except for designated parking areas or when permitted by a traffic officer.

If you have lived in Thailand you will know that the motorbike taxis like to use the pavement as a road. This is illegal and people started to enforce it themselves.

Section 18

It is prohibited to discard, place, or accumulate vehicle wreckage on the road or in public establishments.

Section 19

Individuals are not allowed to place or pile any objects on the road unless specified areas are designated by local officials or competent authorities with approval from traffic officials.

Section 20

It is forbidden to:

(1) Cook food or sell/distribute goods on the road or in public establishments. (See: Starting a restaurant in Thailand on this website)

(2) Use a sedan car or wheeled vehicle as a cooking area for selling or distributing goods to individuals on the road or in public establishments.

(3) Sell or distribute goods from a car, motorcycle, or wheeled vehicle on the road or in public establishments.

Exceptions to paragraph one include cooking or selling goods in private roads or areas where local officials or competent authorities have permitted such activities on specified days and times with approval from traffic officers.

Section 21

Individuals traveling in sedan cars or as riders/passengers on motorcycles are prohibited from purchasing goods sold or distributed in public establishments or on the road, unless the road is designated as private.

Section 22

No one is allowed to lead, chase, or drive animals into waterways where such actions have been prohibited by local or competent authorities.

Section 23

It is forbidden to pour or drop pebbles, rocks, dirt, mud, sand, or construction debris into waterways, or to cause such materials to slide or fall into them. Authorities have the power to order individuals to remove such objects within a specified timeframe. Failure to comply may result in legal action under the Criminal Code, and the authorities may initiate proceedings for offenses under this Act if necessary.

Section 24

Shop owners selling food and drinks with a capacity of more than twenty customers simultaneously must provide hygienic toilets as specified in Ministerial Regulations during opening hours. This provision does not apply to shop owners operating during festivals or other temporary events. Notice also the articles on business registration as well as starting a restaurant in Thailand as well.

Section 25

Owners of petrol or gas stations are required to provide hygienic toilets as specified in Ministerial Regulations.

This part of the law being the first chapter is important for those who own a business in Thailand. This could be a franchise, small home business or a bar or restaurant. This law is repeated in the Thai restaurant license process as under the Food Selling Place Hygiene Regulation as well.

Lastly if you need assistance with your business. Allow us to register your company in Thailand and assist you with the Public Health Act Licensing and more. We are a well known expatriate law firm in Thailand.

 

Keeping and maintenance of lawn and trees in the road and public space

You a not allows to throw your rubbish or waste in public. Likewise you are not allowed to cut down tress and picking flowers and leaves from plants and trees on the government land. Lastly you are not allowed to let your animals graze on land owned by the government.

Section 26

It is prohibited to discard refuse, waste, or deposit pebbles, rocks, dirt, mud, sand, or other materials. This in areas where grass or trees are cultivated. Likewise belonging to the local administrations, other governmental bodies, or State enterprises.

Section 27

Individuals are forbidden from cutting down trees, damaging, or engaging in activities that may cause harm to trees. Likewise this includes picking leaves, flowers, fruits, or any part thereof, that have been cultivated or naturally grown in public places or establishments. Exceptions include actions authorized by competent officials. Likewise individuals granted written permission by local authorities to cut down or prune trees.

Section 28

No one is allowed to release or lead animals into areas where grass or trees have been cultivated or permitted to grow by local administrations, other governmental bodies, or State enterprises, and where prohibition notices or signs have been posted.

Lastly if you are going to start a business in Thailand, then speak to us. We are a well known law firm in Thailand for your assistance. Lastly see the full article on the Act on the Maintenance of the Cleanliness and Orderliness of the Country as well as the Thai Public Health Act.

 

Prohibition of dropping refuse and waste in public places

You will note that this is similar to The Keeping and Maintenance of Lawn and Trees in the Road and Public Space which is also part of the law. In this part of the law you will note that it is illegal to urinate in public. This is the first Section of the law. Likewise you are not allowed to allow feces into the walkways. Lastly spitting in Thailand is also illegal as well as dump refuse.

Section 29

Individuals are prohibited from defecating or urinating in public places or establishments. This where the local administration has not designated facilities for such purposes.

Section 30

It is forbidden to discharge or drain feces or urine from buildings or vehicles into waterways.

Section 31

No one shall:

(1) Spit out saliva, phlegm, or betel nut residue, blow their nose, or drop any items onto roads or vehicle floors.

(2) Dispose of refuse or waste outside designated containers or areas arranged for such purposes by the local administration.

Section 32

Individuals are not allowed to:

(1) Discard refuse or waste in public places.

(2) Neglect to clean up refuse or waste on their property if it is visible from public places.

Section 33

It is prohibited to pour or drop refuse, waste, liquid waste, or other items onto roads or waterways. Exceptions apply to boat or building owners in areas where local authorities have not provided public toilets or waste containers.

Section 34

No one may discharge or drain feces or urine from buildings or vehicles onto public places or establishments.

Lastly you will not that this is similar to the Thai Criminal Code on here. You may want to take a look at comitting mischief in Thailand as well as the article on Petty Offences which is also on here. Speak to a criminal lawyer if you are arrested for this.

 

The maintenance of orderliness

Firstly you should also read the articles written on the dropping of waste in public. That covers the offenses of urinating in public. Likewise, under the law, it is also illegal to sit on a fence in public places as well as damage street lights. Sleeping on railings in public as well as playing kit outside of the designed area is also illegal. These laws are there to keep order in the public space.

Section 35

It is prohibited to damage or render unusable any lamps, signs, pavilions, chairs, toilets, or other facilities provided by local administrations, other governmental bodies, or State enterprises for the public.

Section 36

Climbing, sitting, or traversing fences, walls, trees, or their supports in public places is not allowed.

Section 37

Standing, sitting, or sleeping on the railings of public bridges or sleeping in public places is prohibited.

Section 38

Playing kites, football, or any sports on roads or in public establishments, or in areas where such activities have been prohibited by local officials, is forbidden.

Section 39

Installation, drying, placement, or hanging of items in public places requires permission from local or competent officials or must be authorized by local administrations, other governmental bodies, or State enterprises. Failure to obtain permission or comply with specified rules may result in orders for removal or dismantling within a specified timeframe. Non-compliance may lead to legal action under this Act.

Section 40

Items installed, dried, placed, or hung on buildings must be done so in a clean, tidy, and orderly manner, and should not be visually offensive to the general public. Failure to comply with this standard may result in written warnings for removal or tidying. Ignoring such warnings may lead to legal action under this Act.

Section 41

Owners of buildings located within twenty meters of roadsides with a minimum traffic area of eight meters, visible to commuters, must ensure that their buildings remain clean and tidy.

Lastly, speak to our lawyer at our Bangkok criminal law firm for more assistance in this regard.

 

The powers and duties of local officials

These cover the rules and limitations of inspectors. See more in the main article.

Section 42

In Bangkok Metropolitan Administration, the Ministry of Interior advises the Bangkok Governor on rectifying any cleanliness or orderliness errors per this Act. In other areas, such as municipalities, sanitation districts, and Provincial Administration Organizations, respective authorities (Governor, mayor, etc.) hold such power.

Section 43

Officials like Governors, mayors, and committee heads are responsible for enforcing this Act under their supervision. They may delegate duties to designated officials, who then bear responsibility for their assigned tasks.

Section 44

In addition to their roles outlined in this Act, local and competent officials have the authority and obligation to:

(1) Educate the public about their duties under this Act.

(2) Conduct inspections to prevent violations.

(3) Issue warnings or orders to rectify violations.

(4) Arrest violators who fail to comply with warnings and initiate legal proceedings.

 

Section 45

If a violation occurs and the violator cannot be identified, all competent officials in the locality must work together to rectify and prevent the violation from reoccurring. The local official is responsible for providing necessary equipment and specifying rules for competent officials.

Section 46

When a violator is apprehended, they are given a specified timeframe to rectify the violation. Failure to comply may result in the competent official taking action to ensure cleanliness and orderliness, with the violator compensating for any incurred expenses.

Section 47

Local officials may prohibit entry or stay in public establishments during specified times, with announcements visibly displayed in such areas.

Section 48

Offenses under this Act can be settled by local officials or their appointees. Failure to settle may lead to legal proceedings.

Section 49

Fees and fines collected under this Act are revenue for the local administration.

Section 50

Officials have the authority to arrest violators or suspects of offenses under this Act and initiate legal proceedings. They must produce identification upon request.

Section 51

Any person witnessing a violation may report it to authorities, and such reporting is considered akin to being an injured party under the Criminal Procedure Code.

Sections 52-59

Various fines are imposed for different violations under this Act, ranging from 500 to 10,000 baht. Failure to comply with certain sections may result in daily fines until compliance is achieved. Additionally, officials failing to fulfill their duties under Section 51 face liability similar to violators.

Lastly, also see the articles on the penalties under Public Health as well as breaking the laws of Thailand. Always seek advice from a litigation law firm in Thailand as well.

 

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.

Starting a Business

Many expats in Thailand either are retired or married to a Thai national. Those who are married tend to open a business to create an income stream. If that is you then contact us about registering a business as well as assisting with obtaining a business licence. Speak to us today about your stay in Thailand.