SWOT Analysis Public Health Ordinance

7/28/2019 SWOT Analysis Public Health Ordinance

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Name of Project: SWOT Analysis Of Public HealthOrdinances Nuisances Act

CRN: 23784

Course Code: ENVH 223

Name of Lecturer: Dr. Deryck D. Pattron.

Campus: City Campus


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Azam A. Mohammed

Laura Hyacinth

Richard Nadram

Dakota Malco

Giselle Khan

Neila Nedd

Samantha Grant

Germaine Gabriel


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The Public Health Nuisance Act was established

in the year 1917.

It was established as one several Acts under the

Public Health Ordinance.

The Nuisances Act was used to help clarify

anything deemed a nuisance and offer measures

to eliminate the nuisances.


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The purpose of the SWOT Analysis on the PublicHealth Ordinance Nuisance Act are as follows:-

-To take advantages of strengths and opportunities inthe Act.

-To minimize any weaknesses and/or eliminate all

threats to the Act.

-To ensure that the Nuisances Act is carried out most

efficiently.


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The SWOT analysis is used to influence change.

It allows one to think outside the box.

Allows individuals to develop strategies to

achieve objectives.


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The entire Nuisance Act was read by several

members of the group.

Different members were assigned the task of

analyzing each part of the act for the strengths,

weaknesses, opportunities and treats.


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A nuisance is described as categories of

inconveniences that happens as a result of

the use of an individuals property in avery unreasonable and unwarrantable

manner.


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According to the Public Health Ordinance NuisanceAct Nuisances are in the following categories:

Any premises (or part of premise) that are in adecayed, ruinous, filthy or unwholesome state thatare likely to be injurious to ones health.

Any street, ditch, sink, cistern, pool, barrow pit,watercourse, drain, gutter, privy, dustbin, or manure

pit that are in a foul state or badly situated as tocause obstruction to individuals.


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Any stable, cowshed, pig-sty, or any animal (or

animals) that are kept for the purposed matter

deemed injurious to the health of individuals.

Any animal that is kept and are injurious to ones

health. Any accumulation or deposit of any material

wherever situated that is injurious or is a

nuisance.


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Any work, manufactory, trade, or business injuriousto the health.

Any house ( or part of a house) or any other structureused for human dwelling that is overcrowded,whether the dwellers are from the same family ornot.

Any school, factory, workroom, shop, office orwarehouse that are :

a) too unclean to the point of being a health hazard.


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Any school, factory, workroom, shop, office orwarehouse that are :

b) not so ventilated as to let harmful gases, vapours,dust and other impurities out.

c) too overcrowded as to be a health hazard.

d) not provided with proper privy accommodation.


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Any offensive trade or business that is injurious to the

health or offensive to the public.

Any drainage, refuse or washings from any town that

falls into a harbour or any water course.

Any church yard or cemetery that is too overcrowded.


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Any well or water supply unsuitable for drinkingpurpose.

Any chimney emitting black smoke that can beharmful to the health.


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Abatement describes any act that is used to

completely terminate a nuisance.

This is made possible by court orders and

notices.

Once a nuisance has been abated, the perpetrator

must appear in court or have the option of paying

a fine.


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The strengths of the Public Health Ordinance

defines :

The internal characteristics that are advantageous

to the Public Health Ordinance Act.

This will indicate competitiveness of the system.


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Abatement notices can be served to perpetrators of

nuisances.

All nuisances can be abated under a magistrate.

There is a fine system if there is failure to comply.

There exists a prohibition order to prohibit

recurrence of nuisances.


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Abatement for nuisances has been firmly stated, sonuisances can be taken seriously.

It allows the local authority to inspect their districtfor the purpose of ascertaining nuisances that mayexist.

It allows local authorities to enforce the powersvested in them that relate to public health so that

proper sanitary conditions of all premises within acertain district can be maintained and secured.


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It aims to eliminate several nuisances and thus

improve health of individuals.

The Ordinance Nuisance Act clearly defines

many nuisances.

Punitive measures for any breeches have been

established.


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Reports of nuisances can be given to the local

authority by any person.

When reports of nuisances are given and the

local authority is satisfied that a nuisance does in

fact exist a notice can be served to the person

who might be deemed responsible for the

nuisance.


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Closing order may be issued to deter any home

that is used for human habitation to be

prohibited. This is important to the health of theindividual.

Closing orders can be cancelled if the nuisance

problem is solved.


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The person responsible for the nuisance has aspecific time in which to rectify the nuisance underthis act.

The act also gives local authority the power to rectifyany nuisances themselves in cases where the owneror occupier cannot be found.

Persons can be fined if they do not comply with anyrequisitions of any notice given by local authoritieswith in the specified time and also if the nuisance inquestion was wilfully done by the person in question.


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The act also has the advantage of allowing local authoritiesto the person causing the nuisance before the magistrate.

Also in this part of the ordinance a person can be servedwith three (3) orders nuisance order, abatement order and aprohibition order.

Another strength of the nuisance act is that any matter that

is removed by the local authority to prevent reoccurrenceof the nuisance can be sold or disposed off otherwise andthe money arising from such a sale can be retained by theauthority for payment of any expenses incurred by them inrelation to the nuisance.


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The weaknesses of the SWOT Analysis indicate:

-Internal forces within the system.

-Barriers that can render the system (Public Health

Ordinance Act) to have competitive

disadvantages.


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-Most of the weaknesses to the Trinidad and TobagoPublic Health Act Nuisances arise from the age ofthe act and the need for it to be updated to be more

relevant and appropriate to present times.

-The fine in clause 80 needs to be increased. Twentyfour dollars were probably a lot of money back then.In the present time, that fine will not deter anyonefrom committing any act that is classified as anuisance.


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Time taken for legal documents to be processed

is not stated.

There is not a designated court assign for public

health matters.

Locating individual both in rural and urban areas

may be difficult since owners may die and not

transfer property to anyone else.


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There could have been the mention of drag-

racing in the nuisance act instead of using other

legislations for that particular activity.

Individuals may not be able to afford a large

enough house to house all members of the

household. Therefore, overcrowding can not be

avoided.


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There is no mentioning of noise in the category ofnuisances. Noise is as much a nuisance as any of thetangible nuisances mentioned.

The nuisances identified in the Act is limited anddoes not include and array of situations that aredeemed nuisances in present times.

There is no reference to dangerous dogs such as pitbulls which could have been categorize as anuisance.


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These fines and penalties would fail to be a

deterrent to offenders as they would be more than

affordable.

Likelihood of offenders reoffending due to

affordable fines.


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There is no mentioning of air pollution from car

exhaust or factories.

Smoke from chimneys are mentioned but it is not

applicable to tropical countries like Trinidad &

Tobago since chimneys are used only in cold

countries.


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There is no clause concerning indoor smoking

either at home or in the workplace.

There are many business places where indoor

smoking is practiced such as in bars and

restaurants and in extreme cases such as offices

or in the washrooms of businesses.


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The Ordinance could have discerned what is

meant by the term matter or thing when

describing the sale of any matter or thing by thelocal authority in abating (see Clause 76).

Matter or thing can refer to garbage. Can

garbage have a resale value


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Most Acts are supposed to state an alternative to

a fine such as imprisonment. There is no

mentioning of imprisonment.

Without imprisonment, there is no way that any

criminal actions as regards nuisances can be

deterred.


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The opportunities of the SWOT analysis of the

Ordinance Act defines:

a) External forces in the system.

b) Advantageous prospects for changing theenvironment in a positive manner.


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Allowing cleanliness in an area by letting Local

Authority do regular visits.

Prevention of infestations by pests such as rats,

mosquitoes, roaches etc. since proper sanitaryconditions for cesspits, sinks, cisterns,

drains,gutters and privies has to be established.


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Animal waste pollution can be deterred.

The Act allows proper habitation by stressing theimportance of proper dwelling houses. This will

encourage all housing authorities to build houses

that are suitable for human dwelling.


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Allows individuals to be more considerate to

their fellowmen and not use their property to

cause hindrance to others.

Allows individuals to respect the environment

and keep it in a suitable sanitary condition.

Allows privies and dustbins to be prevented from

malicious damage.


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Threats within the Ordinance Act include:

a) External forces within the system (unlikeweaknesses that were internal forces).

b) Prospects that could harm the Ordinance Act andrender it futile.


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Insufficient man power in regards to health

inspectors, because public health is not much

discussed in government.

Police constables may use excess force in dealing

with nuisances such as brutality on citizens.


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Health inspectors and other Local Authorities do

not regularly visit premises but only occasionally

as a result, there may not be much investigationsof nuisances.

It is a possibility that individuals can dispose

garbage on anothers property and the owner of

that property can be blamed for hoarding

garbage.


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If a case has be brought fort as a result of a

nuisance, evidence of a nuisance can be

destroyed if the person responsible for thenuisance simply removes that nuisance.

There may be some people who can bend the

legal system of the Nuisance if they hire

competent lawyers.


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As regard the SWOT Analysis on the Public HealthOrdinance Nuisance Act, the weaknesses and threatshave overpowered the strenghts and opportunities.

This clearly indicates that the Act needs to beupdated.

An Act that was applicable for 1917 will not beeffective for 2012 as changes have occurred in thiscountry economically, legally ,politically andenvironmentally.


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Public Health Ordinance Act (1917)

MindTools.com (2001).SWOT Analysis.March,9,2012 from

http://www.mindtools.com/pages/article/newTM

C_05.htm
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SWOT Analysis Public Health Ordinance

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