melbourne city council activities local law 2019 including changes made by the activities and environment (greening melbourne, vapi


Melbourne City Council
Activities Local Law 2019
Including changes made by the Activities and Environment (Greening
Melbourne, Vaping and Miscellaneous Amendments) Local Law 2020
Contents
========
Part 1 Preliminary 5
Title 5
What are the objectives of this Local Law? 5
What authorises this Local Law? 5
When does this Local Law commence? 5
To what part of the municipality does this Local Law apply? 5
Are there any exemptions from this Local Law? 6
Part 2 Behaviour 13
Prohibited activities in public places 13
Toy vehicles 13
Protection of trees and green infrastructure 14
Camping in public places 14
Fencing vacant land 14
Fences at intersections 14
Part 3 Consumption of Liquor 15
Consumption and possession of liquor is prohibited in certain
circumstances 15
Part 3A No Smoking in Smoke Free Areas 16
Prohibition on smoking 16
Council may prescribe smoke free areas 16
Part 3B Animals 17
Application of Part 3B 17
Keeping of animals 17
Animals in a public place 17
Part 4 Advertising and Use of Shopfronts and Public Places 18
Authorisation required for advertising sign or other thing on or
between buildings 18
Authorisation required for street art in, or within view from, a
public place 18
Authorisation required for portable advertising signs or other things
in public places 18
Authorisation required for goods in a public place 19
Part 4A Greening Melbourne 20
Authorisation required for green infrastructure 20
Part 5 Street Trading and Special Events 21
Permit required for the soliciting of money etc. 21
Soliciting trade and similar activities 21
Permit required for selling in a public place 21
Permit required for handbills 21
Permit required for filming and special events 21
Permit required for busking 21
Causing obstruction 22
Furniture in a public place 22
Part 6 Works on Roads 23
Permit required for road interference 23
Part 7 Building Standards 24
Compliance with Code 24
Compliance with the design and construction standards 24
Notification of the Office of Gas Safety 24
Part 8 Water Activities 25
Prohibition on water activities 25
Mooring 25
Behaviour 25
Part 9 Building Works (Nuisance Abatement) 26
Notice to be given before commencing building works 26
Building works are confined to certain times and places 26
Building works on a dwelling are confined to certain times and places
26
Wheels of vehicles to be kept clean 27
Nuisances 27
Directions by authorised officer 27
Part 10 Dilapidated, Dangerous and Unsightly Premises 28
Dilapidated premises 28
Dangerous and unsightly premises 28
Compliance with a Notice 29
Part 11 Naming of Roads and Numbering of Premises 30
Naming of roads 30
Allocation of numbering 30
Requirement to number premises 30
Council may number premises 30
Interfering with numbers and street signs 30
Removal of unlawful sign or number 30
Part 12 Miscellaneous 31
Authorisation required for discharges 31
Prohibition on vehicles remaining in public places 31
Repairing vehicles 31
Interfering with a pedestrian service sign 31
Removal of unlawful signs 31
General obstructions 32
Prohibition against causing excessive noise 32
Deliveries to and collections of goods from premises 32
Waste 32
Part 13 Permits 34
When is a permit required under this Local Law? 34
Fee required 34
Further information may be required 34
Notice may be required 34
Duration of permit 34
Correction of permits 34
Exemptions 34
Cancellation of a permit 34
Part 14 Enforcement 36
Offences 36
Infringement notices 36
Offences by Corporations 36
Court fines 36
Costs incurred by the Council to be paid 37
Notice to Comply and directions 37
Power of authorised officer to act in urgent circumstances 37
Power of authorised officer to confiscate 38
Part 15 Delegations 39
Activities Local Law Schedule 1 Penalties Fixed for Infringements 40
Schedule 2 42
Part A – Smoke Free Areas 42
Part B – Guidelines for Prescribing Smoke Free Areas 42
Annexure (Plan) 43
Part 1
Preliminary
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Title
1.1 This Local Law is called the “Activities Local Law 2019”.
What are the objectives of this Local Law?
1.2 The objectives of this Local Law are to:
(a) promote a physical and social environment free from hazards to
health, in which the residents of and visitors to the municipality can
enjoy a quality of life that meets the general expectations of the
community;
(b) control noise, behaviour, liquor consumption, animals, spruiking,
busking, advertising sign, works and obstructions on roads, street
trading, the use of toy vehicles and other activities;
(c) protect the use of public places and control activities in or near
them;
(d) provide for safety in public places;
(e) regulate and manage the legitimate display of street art, in or
within view from, a public place so as to facilitate a vibrant urban
culture;
(f) provide for, control and manage the use of premises and vehicles
in particular circumstances;
(g) regulate the number and manner of keeping of animals;
(h) control, prevent and abate nuisances; and
(i) provide for the peace, order and good government of the
municipality.
1.3 This Local Law contributes to the Council's long term and
responsible approach to the ongoing health, vitality, prosperity,
security and welfare of the city's residents, businesses and
environment.
What authorises this Local Law?
1.4 This Local Law is made under the provisions of Part 5 of the Local
Government Act 1989.
When does this Local Law commence?
1.5 This Local Law commences on the first day of July 2019.
To what part of the municipality does this Local Law apply?
1.6 Subject to clauses 1.7, 1.8 and 1.9, this Local Law applies
throughout the whole of the municipality.
1.7 Clauses 3.1 to 3.3 inclusive apply as follows:
(a) to that part of the municipality which is prescribed by the
Council for the purposes of this clause 1.7(a), throughout the whole
of each year; and
(b) to that part of the municipality which is prescribed by the
Council for the purposes of this clause 1.7(b), during:
(i) prescribed days or periods; or
(ii) on each day during the race period within the meaning of the
Australian Grand Prix Act 1994 (or its successor legislation) and to
8.00 a.m. on the day immediately following the last day of the race
period; or
(iii) on any day during the period specified in a notice signed by the
Council’s Chief Executive Officer as being the period during which
Melbourne Moomba Waterfest or any other festival is to occur and to
8.00 a.m. on the day immediately following the last day of the period
specified in the notice.
Are there any exemptions from this Local Law?
1.8 Nothing in this Local Law prevents a member, officer or employee
of:
(a) the Commonwealth or State Government;
(b) the Victoria Police;
(c) the Metropolitan Fire Brigade;
(d) the Ambulance Service - Victoria;
(e) any first-aid or emergency service organisation;
(f) any military or civil-defence force; or
(g) a public body other than the Council;
from performing any of the duties he or she is lawfully entitled or
required to perform while
engaged in those duties, provided that:
(i) 48 hours notice of the person’s intention to perform the activity
is given to the Council beforehand, or
(ii) in the event of an emergency, notice is given as soon as
practicable after the activity has been carried out.
1.9 Nothing in this Local Law relating to an animal prevents:
(a) a blind or deaf person being entitled at all times and in all
places to be accompanied by a guide dog; or
(b) a member of the Victoria Police in charge of a police dog or
police horse from carrying out police duties.
1.10 The Council may prescribe specified persons, premises or areas
within the municipality to be exempt from a provision of this Local
Law for a specified time and on specified conditions.
Definitions
1.11 The words identified in italics throughout this Local Law are
intended to have the following meaning:
1.
"acceptable no smoking sign" has the same meaning as in the
Tobacco Act 1987.
2.
“Act” means the Local Government Act 1989.
"advertising sign" includes any letter, figure, symbol, device,
poster, sign, banner or message used for notifying:
(a) the existence of the sale or use of any goods or services; or
(b) the holding of an event or function; or
(c) the promotion of any person, company, organisation or thing.
3.
"animal" includes a bird, fish and reptile.
4.
"authorised officer" means:
(a) a person appointed by the Council to be an authorised officer
under section 224 of the Act; or
(b) in respect to the enforcement of Part 3 of this Local Law, upon
the Council publishing a notice in the Government Gazette under
section 224A of the Act, any police officer.
5.
“bicycle” has the same meaning as in the Road Safety Road Rules
2017.
"body of water" includes a cascade, fountain, pond, pool and
watercourse but does not include a swimming pool.
“building” includes a part of a building and the whole or any part of
a structure, temporary building or structure, fence, gate, wall,
pavement light, outbuilding, service installation, mast, pole and
other appurtenance of a building.
“building works” includes works, activities, events and practices for
or in connection with the construction, alteration, demolition or
removal of a building.
6.
"central city" means the area depicted in the Plan.
"child care centre" means premises located on Council land used by a
person to care for 4 or more children under the age of 13 years, in
the absence of their parents or guardians, for the payment of a fee or
other consideration.
"children's playground" means Council land set aside or used for the
predominant purpose of a children's play area.
"Code" means the Code of Good Practice for Construction Sites adopted
by the former Docklands Authority on 22 March 2002, as amended from
time to time by the Council.
"construction management plan" means a description of the proposed
strategy to be implemented in relation to the building works to
ensure:
(a) public amenity and safety are maintained;
(b) Council and community assets are protected;
(c) the impact on green infrastructure is minimised;
(d) nuisances are controlled and prevented;
(e) compliance with the provisions of the Environment Local Law;
(f) disruptions to traffic are minimised;
(g) waste is managed appropriately; and
(h) appropriate environmental controls are in place.
"Council" means the Melbourne City Council.
"Council land" means land, buildings and facilities which are owned or
occupied by or vested in the Council or in respect of which the
Council has the care and management to which the public has access
whether an entry fee is paid or not.
“crossing” means a crossing for vehicles on or over a road for the
purposes of enabling access to be gained to land next to a road.
"designated sound level" is the maximum sound level prescribed by the
Council for the purposes of any part of this Local Law.
7.
For the avoidance of doubt the Council may:
(a) set more than one designated sound level based on factors
including the location, the nature of the sound, the activity
resulting in the sound; and
(b) prescribe the method by which compliance with the designated sound
level is measured.
“design and construction standards” means the Design and Construction
Standards for Public Infrastructure Works as amended from time to time
by the Council.
“e-cigarette" has the same meaning as in the Tobacco Act 1987.’
8.
"encroachment" includes any object or thing projecting from a
building on, over or in a public place.
"Environment Local Law" means the Council’s Environment Local Law 2019
as amended from time to time.
"gas regulator vent stack" means any ventilation stack used to vent
gas located in a public place as prescribed by the Council.
9.
"goods" includes food.
10.
“green infrastructure” means:
(a) plants, including street and community gardens
(b) plants contained within a pot or container which may be on the
ground or suspended from or connected to a building or structure
(c) composting facilities
(d) any item or thing attached to a tree
(e) any other infrastructure that supports greening in the
municipality as prescribed by the Council.’
11.
"green waste" has the same meaning as in the Environment Local Law.
“handbill” includes a placard, notice, book, pamphlet, paper and
advertisement other than an advertisement affixed to any building
abutting any road or public highway, but does not include a newspaper,
magazine or book sold by a newsvendor or other person authorised by
the Council nor any handbill containing material of an exclusively
political nature distributed by hand to any person.
12.
"hard waste" has the same meaning as in the Environment Local Law.
“liquor” means a beverage intended for human consumption with an
alcoholic content of 0.5 per centum by volume or greater.
"minor building work" means building work valued at less than
$5,000.00 but excludes demolition and removal of buildings and
structures (regardless of value).
“moor” means to hold, tether, berth or secure a vessel in a location
by a cable, chain, anchor or other means.
13.
"municipality" means the municipality of the Council.
14.
"Notice to Comply" means a notice given under clause 14.9 of this
Local Law.
“nuisance” has its ordinary common meaning in this Local Law, except
for Part 9, where it is also to include:
(a) any building works that emit dust, odour, waste, noxious gases or
other wind blown refuse beyond the construction site;
(b) the leaving of open and unguarded pits, excavations or basements
on a building site which may constitute a risk to public safety or
property;
(c) any temporary structure, material, condition or practice
constituting a fire hazard or impairing the extinguishing of any fire;
(d) any building works that exceed the designated sound level
prescribed by the Council;
(e) any vibrations exceeding the level prescribed by the Council.
15.
“occupier” of premises means:
(a) a person having the charge, management or control of the premises,
and
(b) in the case of premises that are let out in separate occupancies
or a lodging house that is let out to lodgers, the person receiving
the rent from the tenants or lodgers.
16.
"owner" of premises means the following:
(a) where the premises are Crown land, the owner of the premises is
the lessee or licensee of the land from the Crown,
(b) where the premises are other than Crown land, the owner of the
premises is:
(i) every person who is jointly or severally entitled to the freehold
estate of the land, and
(ii) every person who is, or would be, entitled to receive, or is in
receipt of, the rents and profits of the land, whether as beneficial
owner, trustee, mortgagee in possession or otherwise.
“pavement light” means a device incorporated into the footpath or
roadway adjacent to premises for the provision of natural light to
those areas of the premises below ground level.
17.
“pedestrian service signs” means signs for the benefit of
pedestrians and includes-
(a) identification signs indicating names of areas and precincts;
(b) directional signs indicating direction to areas, attractions and
features;
(c) civic maps and maps of an area; and
(d) historical signs, historical plaques, walls and information
panels.
18.
“permit” means a permit granted under Part 13 of this Local Law.
“person” includes an individual, a corporation, an association
incorporated under the Associations Incorporation Act 1981, a
partnership and an unincorporated association.
19.
"place" when used as a verb includes allow to remain.
20.
"Plan" means the plan appended to this Local Law.
“Planning Scheme” means an applicable planning scheme under the
Planning and Environment Act 1987.
"premises" includes the whole or part of any land, a lot on a plan of
subdivision and a building or building under construction.
21.
"prescribe” and “prescribed" includes decided or specified by the
Council.
"proprietor" means the owner, occupier, lessee, licensee, manager or
any other person in control or charge of any place or premises.
“public body” means any government department or municipal council or
body established for a public purpose by legislation.
"public place" has the same meaning as in the Summary Offences Act
1966 and, to the extent that it does not include the following, also
includes:
(a) any place prescribed by the Council as a public place, other than
an interior part of a building which is not occupied by the Council or
a public body unless that part has been prescribed by the Council;
(b) any place to which the public whether upon or without payment for
admittance have or are permitted to have access, but does not include
a shopping centre;
(c) any park, garden, reserve or other place of public recreation or
resort;
(d) any vacant land or vacant space adjoining any road;
(e) any wharf, pier or jetty; and
(f) a Council building.
22.
"recyclable material" has the same meaning as in the Environment
Local Law.
23.
“road” has the same meaning as in the Act.
“sailboard" means a surfboard or other light weight device equipped
with a sail designed to be propelled on water and includes a
windsurfer.
24.
“segway” means a two-wheeled, self-balancing electric form of
transportation.
25.
"sell" includes:
(a) barter, offer or attempt to sell, receive for sale, have in
possession for sale, expose for sale, send, forward or deliver for
sale, or allow to be sold or offered for sale; and
(b) sell for re-sale.
26.
“ski” includes a water ski, jet ski and surf ski.
27.
"smoke" means to:
(a) smoke, hold or otherwise have control over an ignited tobacco
product;
(b) light a tobacco product; or
(c) use an e-cigarette to generate or release an aerosol or vapour.
28.
"smoke free area" means an area:
(a) identified in Part A of Schedule 2 to this Local Law; or
(b) prescribed to be a smoke free area in accordance with clause 3A.3.
"special event" means an organised sporting, recreational, cultural,
commercial or social gathering of people which is held on a road or
any other public place prescribed by the Council.
"spruik" includes haranguing or addressing members of the public
(whether directly or by the use of pre-recorded speech or messages) to
encourage members of the public to enter premises, purchase goods or
both.
"street art" means artwork in the form of a mural but excludes
graffiti such as tagging or stand-alone stencils.
"swimming pool" means a facility owned by, vested in or used or
arranged by the Council for public bathing or swimming purposes,
whether managed directly by the Council or by others and includes
areas of land associated with that facility including all forms of
exercise, recreational and associated areas within the enclosure which
houses the swimming pool and associated facilities.
29.
"tobacco product" has the same meaning as in the Tobacco Act 1987.
"tout" includes soliciting business to premises whether by addressing
members of the public directly or the emission of music or other noise
calculated to attract business to premises.
“toy vehicle” means equipment designed to be propelled on land by
human power and includes a skateboard, scooter, roller skates and
in-line skates but does not include a bicycle.
"traffic control item" means any sign, mark, structure or device
displayed or erected for the purpose of controlling, directing,
guiding, regulating or warning drivers or pedestrians, and includes a
traffic control signal.
"traffic control signal" means a device, however operated, which uses
words symbols or lights to control or regulate traffic.
30.
"tree" includes the trunk, branches, canopy and root system of the
tree.
"vehicle" means a conveyance which is designed to be or is propelled
or drawn by any means, but does not include a train, tram,
wheelbarrow, supermarket or shopping trolley, bicycle, toy vehicle or
wheelchair.
“vessel” means a craft for travelling on water and includes a boat,
dinghy, yacht and catamaran but does not include a sailboard or ski.
31.
"waste" has the same meaning as in the Environment Protection Act
1970.
"waste container" means a bin, cart or other receptacle of a kind
approved by the Council for the purpose of waste collection within the
municipality or part of the municipality.
"wheelchair" means a vehicle capable of a speed of no greater than 10
kilometres per hour propelled by human or mechanical power used for
personal mobility by a person with a disability.
"wind blown refuse” means refuse from a building site which is, if
left outdoors, capable of or susceptible to being blown away without
any human intervention by winds of a strength ordinarily encountered
within the municipality in the course of a year.
1.12 Where a word or phrase has a particular meaning, other
grammatical forms of that word or phrase have a corresponding meaning.
Part 2
Behaviour
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Introduction: This Part contains provisions which aim to protect the
amenity of public places for all citizens by controlling behaviour in
public places and by prohibiting persons from causing damage to public
places or acting in a socially unacceptable manner.
Prohibited activities in public places
2.1 A person must not in, on or within the hearing or sight of a
public place:
(a) cause or commit any nuisance;
(b) adversely affect the amenity of that public place;
(c) interfere with the use or enjoyment of that public place or the
personal comfort of another person in or on that public place;
(d) annoy, molest or obstruct any other person in or on that public
place;
(e) defecate or urinate except in a toilet or urinal (as the case may
be) in a public convenience; or
(f) commit an indecent or offensive act; or
(g) use any threatening, abusive or insulting words.
2.2 A person must not in or on a public place:
(a) destroy, damage, alter, mark, deface or remove any property or
thing;
(b) walk on or over any plant bed, plant box or garden plot except
with the consent of the proprietor;
(c) cause risk of personal injury or damage to property by climbing or
walking on or over, sitting on or sliding down any structure, building,
fixture, free standing object, appliance or equipment (other than play
equipment or recreation and fitness equipment installed by the Council)
except with the consent of the proprietor;
(d) after having been directed to leave by an authorised officer,
enter or remain in any area, place, building or structure that is not
open to the public; or
(e) enter any area, place, building or structure in respect of which
the Council has prescribed an entry fee, unless the entry fee has been
paid to an authorised officer or authorised representative of the
Council or the person enters in accordance with the written consent of
the Council or the proprietor.
Toy vehicles
2.3 A person must not:
(a) use or allow to be used a toy vehicle so as to endanger,
intimidate or unduly obstruct or hinder any other person or vehicle
lawfully using or intending to use the same area; or
(b) ride a toy vehicle in an area prescribed by the Council in
accordance with Clause 2.4 or in breach of a prescription made by the
Council under Clause 2.5.
2.4 The Council may prescribe a public place (other than a road or
road related area) within the municipality for the purposes of this
Clause 2.4 where it considers that the riding of toy vehicles is
reasonably likely to cause physical damage to infrastructure located
within the area to be prescribed.
2.5 The Council may prescribe a public place (other than a road or
road related area) within the municipality where the riding of a toy
vehicle is restricted at specified times and on specified conditions
where it considers that the riding of toy vehicles is reasonably
likely to interfere with the use and enjoyment of the locality by
pedestrians and other members of the public.
2.6 For the purposes of Clauses 2.4 and 2.5, the terms “road” and
“road related area” have the meaning as in the Road Safety Act 1986.
Note: Maps showing the prescribed area or areas where the riding of a
toy vehicle is prohibited or restricted are available from the Front
Desk, Melbourne Town Hall or by visiting the Council’s web site at
www.melbourne.vic.gov.au
Protection of trees and green infrastructure
2.7 Unless in accordance with a permit, a person must not in or on
Council Land destroy, damage, remove or otherwise interfere with a
tree or green infrastructure or allow any person to destroy, damage,
remove or otherwise interfere with a tree or green infrastructure.
Camping in public places
2.8 Unless in accordance with a permit, a person must not camp in or
on any public place in a vehicle, tent, caravan or any type of
temporary or provisional form of accommodation.
Fencing vacant land
2.9 An owner or occupier of vacant land which is wholly or partially
unfenced must, as soon as practicable after being directed to do so by
the Council or an authorised officer, fence or cause to be fenced all
or that portion of the vacant land which was the subject of the
Council’s or the authorised officer’s direction.
Fences at intersections
2.10 The owner or occupier of any land situated at an intersection
must not erect any fence on the land so as to obstruct the clear view:
(a) by a driver, of any:
(i) Pedestrian;
(ii) vehicle; or
(iii) traffic control item; or
(b) by a pedestrian, of any:
(i) vehicle; or
(ii) traffic control item.
2.11 If an owner or occupier of land has erected a fence in breach or
apparent breach of clause 2.9 or 2.10, a Notice to Comply may require
the owner or occupier of the land to remove the fence or reconstruct
the fence in the manner specified in the Notice to Comply.
Part 3
Consumption of Liquor
---------------------
Introduction: This Part aims to provide for the responsible management
of public places so as to enhance the enjoyment of them by the general
public, especially during major events. The provisions control the
consumption of liquor in public places and other places within certain
areas of the municipality and during certain periods of the year.
Clause 1.7 identifies the areas and the periods during the year to
which this Part applies.
Consumption and possession of liquor is prohibited in certain
circumstances
3.1 A person must not:
(a) in or at a public place; or
(b) in or on a vehicle which is on or at a public place,
consume any liquor or have in his or her possession or control any
liquor other than liquor in a sealed container in that part of the
municipality prescribed by the Council pursuant to clause 1.7 of this
Local Law.
Note: A map showing the prescribed area or areas where the consumption
of liquor is prohibited throughout the year is available from the
Front Desk, Melbourne Town Hall or by visiting the Council's web site
at www.melbourne.vic.gov.au To find out details of the area or areas
where the consumption of liquor may be restricted at other times of
the year contact the Council or visit the Council's web site at
www.melbourne.vic.gov.au
3.2 Clause 3.1 does not apply to a person:
(a) taking part in a festival or event in respect of which the Council
has granted a permit for persons to consume liquor or to have in their
possession or control any liquor other than liquor in a sealed
container; or
(b) within authorised premises or licensed premises under the Liquor
Control Reform Act 1998 or any subsequent legislation relating to the
serving and consumption of liquor.
(c) who has been granted a permit to take liquor into an area
prescribed by the Council pursuant to clause 1.7.
3.3 Where an authorised officer believes on reasonable grounds that a
person is contravening or has contravened clause 3.1, the authorised
officer may direct the person to seal any container or dispose of the
contents of any unsealed container.
Part 3A
No Smoking in Smoke Free Areas
------------------------------
Introduction: This Part aims to provide for the responsible management
of public places so as to enhance the enjoyment of them by the general
public. The following clauses prohibit smoking tobacco products in
smoke free areas within the municipality.
Prohibition on smoking
3A.1 A person must not smoke a tobacco product in a smoke free area.
3A.2 Where an authorised officer believes on reasonable grounds that a
person is contravening or has contravened clause 3A.1, the authorised
officer may direct the person to extinguish and then dispose of the
tobacco product.
Council may prescribe smoke free areas
3A.3 In addition to the smoke free areas identified in Part A of
Schedule 2 to this Local Law, the Council may prescribe any other area
within the municipality to be a smoke free area.
3A.4 The Council must follow the guidelines incorporated in Part B of
Schedule 2 to this Local Law when deciding whether to prescribe an
area as a smoke free area under clause 3A.3.
3A.5 The Council or an authorised officer may erect, or cause to be
erected, an acceptable no smoking sign in a smoke free area.
Note: maps showing smoke free areas are available from the Front Desk,
Melbourne Town Hall or by visiting www.melbourne.vic.gov.au
Part 3B
Animals
-------
Introduction: This Part aims to provide for the responsible care and
management of animals within the municipality including regulating the
number and types of animals a person may keep without a permit.
Application of Part 3B
3B.1 This Part does not apply to any land:
(a) on which a pet shop is located;
(b) on which an animal hospital or veterinary practice is located; or
(c) if the use of the land for this purpose is permitted under the
Planning Scheme.
Keeping of animals
3B.2 A person must not, without a permit, keep or allow to be kept any
more of each species or group of animal than prescribed by the Council.
3B.3 Any structure used for housing an animal must be maintained:
(a) in a clean, inoffensive and sanitary condition;
(b) so as not to cause any nuisance; and
(c) to the satisfaction of the Council.
Animals in a public place
3B.4 A person must not feed or leave food for an animal in a public
place.
3B.5 Whenever an animal is in or on a public place, the owner of the
animal must have in his or her possession means for the effective
collection and removal of any excrement that may be deposited by the
animal.
3B.6 The owner of an animal must immediately collect and remove all
excrement deposited by the animal in a public place.
3B.7 For the purposes of clauses 3B.5 and 3B.6:
(a) the owner of an animal includes the person who has the animal in
his or her care for the time being whether the animal is restrained,
confined or at large; and
(b) animal does not include a bird, fish or reptile.
Part 4
Advertising and Use of Shopfronts and Public Places
---------------------------------------------------
Introduction: This Part contains provisions which aim to enhance the
appearance of streets and public places by controlling the placement
of advertising signs in public places and on and between buildings and
street art in, or within view from, a public place within the
municipality and the placement of goods and the like in public places.
Authorisation required for advertising sign or other thing on or
between buildings
4.1 Unless:
(a) in accordance with a permit; or
(b) to do so is specifically authorised by and in accordance with
legislation or the Planning Scheme or a planning permit issued under
it; or
(c) no part of the advertising sign or other thing is in, on or over a
public place,
a person must not hang, place or affix any advertising sign or other
thing on or between any part of a building, plant, pole, post or other
structure or allow that to occur.
Authorisation required for street art in, or within view from, a
public place
4.2 Unless:
(a) in accordance with a permit; or
(b) to do so is specifically authorised by and in accordance with a
planning permit issued under the Planning Scheme,
a person must not apply street art, or allow or suffer to allow,
street art on any part of an outside wall of a building such that the
street art is in, or within view from, a public place.
32.
Note: Nothing in this clause is intended to affect the operation
of the Graffiti Prevention Act 2007.
4.3 Where street art is on a building in breach of clause 4.2, in
addition to any other powers the Council has under this Local Law, the
Council may serve a Notice to Comply on the owner or occupier of the
building requiring the removal of the street art.
4.4 If the person served with a notice under clause 4.3 fails to
comply with the notice to the Council’s satisfaction, the Council can
take whatever action it considers is necessary to bring the building
into compliance with the notice.
4.5 Any costs incurred by the Council in taking action under clause
4.4, unless otherwise agreed by the Council, must be paid by the
person served with the notice under clause 4.4 and until such costs
are paid with any interest payable, the costs will remain a charge on
the premises on which the building is situated.
Authorisation required for portable advertising signs or other things
in public places
4.6 Unless:
(a) in accordance with a permit; or
(b) to do so is specifically authorised by and in accordance with the
Planning Scheme or a planning permit issued under it,
a person must not place or erect a portable advertising sign or other
thing in, on or over a public place or allow that to occur.
Authorisation required for goods in a public place
4.7 Subject to clause 4.8, a person must not hang, pile or place any
goods or allow that to occur:
(a) on the roof of or other portion of a verandah; or
(b) on any shopfront or outside wall of premises.
4.8 Clause 4.7 does not apply if the placement of an item:
(a) does not protrude over or into a public place or cause an
obstruction or risk of injury to a person or damage to property; or
(b) is specifically authorised by and in accordance with the Planning
Scheme or a planning permit issued under it.
4.9 Unless in accordance with:
(a) a permit; and
(b) the consent of the proprietor of that place,
33.
a person must not place or allow to be placed in a public place
any planter or similar structure or thing.
Part 4A
Greening Melbourne
------------------
Introduction: This Part aims to support greening of and biodiversity
within the municipality by creating a permit process to enable the
placing of green infrastructure on Council land and any other public
place prescribed by the Council.
Authorisation required for green infrastructure
4A.1 Without limiting the generality of clause 4.6 of this Local Law,
unless:
(a) in accordance with a permit; or
(b) to do so is specifically authorised by and in accordance with the
Planning Scheme or a planning permit issue under it, on which an
animal hospital or veterinary practice is located;
a person must not place or erect green infrastructure in, on or over
Council land or any other public place prescribed by the Council.
Part 5
Street Trading and Special Events
---------------------------------
Introduction: This Part contains provisions which aim to manage and
facilitate responsible trading and entertainment on streets and public
places to increase the attractiveness and comfort of these places, by
controlling the soliciting of gifts and money, busking, selling and
other behaviour on public places.
Permit required for the soliciting of money etc.
5.1 Unless in accordance with a permit, a person must not solicit or
collect a gift of money or subscription or sell a raffle ticket in or
on a public place.
Soliciting trade and similar activities
5.2 Unless in accordance with a permit, a person must not in a public
place or from premises adjacent to a public place, offer to sell goods
or solicit or try to attract trade or business or tout or spruik or
allow any person to solicit or try to attract trade or business or
tout or spruik.
Permit required for selling in a public place
5.3 Unless in accordance with a permit, a person must not sell any
good or service on or in a public place or from premises adjacent to a
public place to a person in a public place.
Permit required for handbills
5.4 Unless in accordance with a permit, a person must not display or
distribute to any person any handbill in or on a public place or allow
that to occur.
Permit required for filming and special events
5.5 Unless in accordance with a permit, a person must not in or on a
road or any other public place prescribed by the Council:
(a) conduct any special event.
(b) conduct any filming where the film is for a commercial purpose,
public exhibition or as part of a course conducted by a tertiary
institution.
Note: The Council will take into account the Filming Approval Act 2014
in considering an application for a permit under clause 5.5(b).
Permit required for busking
5.6 Unless in accordance with a permit, a person must not in or on a
public place:
(a) sound or play a musical instrument, sing, give a recitation or
perform any conjuring, juggling, puppetry, mime or dance or other
entertainment or do any of those things concurrently; or
(b) draw any message, picture or representation on a wall or pavement
surface.
5.7 Unless in accordance with a permit or in accordance with clause
12.8, a person must not make any noise or allow it to be made by the
use or operation of an amplifier or noise-making or enhancing device:
(a) in a public place; or
(b) in premises adjacent to the public place if the noise is capable
of being heard in the public place.
5.8 Clause 5.7(b) does not apply where the noise involved would not
contravene clauses (a) and (b) of clause 12.8.
Causing obstruction
5.9 A person must not:
(a) without a permit, unreasonably obstruct or interfere with the
passage of pedestrian or vehicular traffic in or on a public place; or
(b) invite, encourage or allow the congregation of persons so as to
unreasonably obstruct or interfere with the passage of pedestrian or
vehicular traffic in or on a public place.
Furniture in a public place
5.10 Unless in accordance with a permit, a person must not place or
cause to be placed any furniture in or on a public place.
Part 6
Works on Roads
--------------
Introduction: This Part contains provisions which aim to minimise the
impact of works on roads on the amenity of the municipality and its
residents by ensuring that obstructions do not interfere with the
public’s reasonable use of roads.
Permit required for road interference
6.1 Unless in accordance with a permit, a person must not:
(a) erect a hoarding or overhead protective awning on a road;
(b) install a temporary or permanent crossing;
(c) occupy or fence off part of a road;
(d) use a mobile crane, travel tower, lift or tackle on or above a
road;
(e) make a hole in, excavate, damage or remove part of any road; or
(f) install, alter or remove:
(i) a pavement light;
(ii) any object including a sign, tactile indicator or planter box on
in or over a road;
(iii) a fence, gate or retaining wall on or in a road;
(iv) an encroachment.
(g) enter or leave a site where building works are being conducted
from a point other than a temporary or permanent crossing.
6.2 A person who breaches clause 6.1(e) shall be liable to repair,
replace or reconstruct the road within 30 days of being requested to
do so by an authorised officer.
Part 7
Building Standards
------------------
Compliance with Code
7.1 A person must comply with any obligation imposed by the Code.
Compliance with the design and construction standards
7.2 A person to whom the design and construction standards apply must
comply with any obligation imposed by the design and construction
standards.
Notification of the Office of Gas Safety
7.3 Prior to considering an application for a permit or licence for
any structure, event or occupation of any area within 39 metres of a
gas regulator vent stack, the applicant for the permit or licence must
refer the application to Energy Safe Victoria, which may require the
refusal of the permit or licence or inclusion of conditions in any
permit or licence issued. Details of the application must also be
notified to Energy Safe Victoria.
7.4 The Council will consider any requirement of the Office of Gas
Safety before deciding whether to grant or refuse an application of
the type described in clause 7.3.
Part 8
Water Activities
----------------
Prohibition on water activities
8.1 Unless in accordance with a permit, a person must not in or on a
public place:
(a) bathe, paddle, swim or wade in any body of water or allow an
animal to do so, unless the body of water has been prescribed for that
purpose; or
(b) deposit, throw or otherwise place anything on or into any body of
water.
Mooring
8.2 A person must not, without a permit, moor any vessel on or along
any body of water.
Behaviour
8.3 A person must not, while aboard a vessel on a body of water:
(a) engage in any activity which is dangerous to any other person;
(b) use an amplifier or electronic device so as to interfere with the
use or enjoyment of the body of water or any adjacent land by any
other person except as permitted by the Council or an authorised
officer; or
(c) interfere with the reasonable use and enjoyment of a body of water
or any adjacent land by any other person.
8.4 A person must not take a sailboard or ski onto a body of water
other than in an area prescribed by the Council as being an area set
aside for sailboards or skis.
Part 9
Building Works (Nuisance Abatement)
-----------------------------------
Introduction: This Part contains provisions which aim to improve the
amenity of the municipality, in particular residential areas, by
preventing nuisances caused by building works.
Notice to be given before commencing building works
9.1 A person must not commence to carry out building works (other than
minor building works) unless he or she gives at least 48 hours written
notice to the Council of his or her intention to do so.
9.2 A notice under clause 9.1 must be in the form prescribed by the
Council and if requested, include a construction management plan which
must be approved by the Council prior to commencement of building
works.
Note: The Council requires a person to notify it prior to commencing
any building works in order to ensure that all matters associated with
the proposed building works are dealt with. This is to control and
prevent potential damage to the environment and minimise any nuisance
to those people in the vicinity of the building works.
9.3 A construction management plan may be modified with the consent of
the Council.
9.4 A person involved in the carrying out of building works must
comply with a construction management plan approved under clause 9.2
or modified under clause 9.3.
Building works are confined to certain times and places
9.5 Except in the case of an emergency or in accordance with a permit,
a person must not carry out building works or cause building works to
be carried out unless the works are carried out between the hours of:
(a) 7.00am and 7.00pm Monday to Friday; and
(b) 8.00am and 3.00pm on Saturday.
Building works on a dwelling are confined to certain times and places
9.6 Notwithstanding clause 9.5, a person may carry out building works
or cause building works to be carried out on a dwelling:
(a) if the works are carried out on any day between the hours of:
(i) 7.00am and 7.00pm Mondays to Fridays;
(ii) 8.00am and 6.00pm on Saturdays;
(iii) 9.00am and 6.00pm on Sundays; and
(b) the person is the owner or occupier carrying out the building
works himself or herself and no other person is engaged for fee or
reward; and
(c) the person is complying or observing any direction, notice or
order of the Council, authorised officer or any public authority.
9.7 Notwithstanding clause 9.6, a person may carry out minor building
work on a dwelling at times other than those specified in clause
9.6(a) provided that the works do not exceed the designated sound
level prescribed by the Council.
Wheels of vehicles to be kept clean
9.8 A person must not drive a vehicle on to any road from premises
upon which any filling, excavation, landscaping, building works or
demolition operation is being or has recently been carried out unless
the wheels and undercarriage of the vehicle are clean.
Nuisances
9.9 A person must not carry out building works or cause building works
to be carried out so as to create a nuisance.
Directions by authorised officer
9.10 An authorised officer may, either orally or in writing, direct
any person:
(a) found carrying out or suspected of carrying out building works in
contravention of this Local Law or a permit granted under this Local
Law; or
(b) apparently in charge of premises where building works are being or
are suspected of being carried out in contravention of this Local Law
or a permit granted under this Local Law,
(c) to cease carrying out those building works immediately or as soon
as practicable.
Part 10
Dilapidated, Dangerous and Unsightly Premises
---------------------------------------------
Introduction: This Part contains provisions which aim to ensure that
the appearance of buildings in the municipality are consistent with an
image of the municipality that is safe, attractive and well maintained
by controlling premises that have been allowed to reach a dilapidated,
unsightly or dangerous condition.
Dilapidated premises
10.1 Where in the opinion of the Council, premises are in a
dilapidated state, including where:
(a) the exterior of any building is in a state of disrepair or has
been damaged or defaced so as to affect the visual amenity of the
property or the area in which it is located;
(b) any architectural features of the building are not properly
maintained; or
(c) pavement lights, tactile indicators or other encroachments are in
a state of disrepair which may be dangerous or likely to cause a
danger to any person,
the Council may serve a Notice to Comply in accordance with clause
14.9 of this Local Law specifying the work required to correct the
dilapidated state.
Dangerous and unsightly premises
10.2 An owner or occupier of premises must ensure that all necessary
steps are taken to prevent fires and minimise the possibility of the
spread of fire by regularly minimising the build-up of grass, weeds,
scrub, undergrowth and any other material or substance on or in the
premises and ensuring that there is no storage of such material likely
to assist in the spread of fire.
10.3 Where the Council is of the opinion that the condition of any
premises may contribute to the spread of fire, the Council may serve a
Notice to Comply in accordance with clause 14.9 of this Local Law
specifying the work required to correct the condition of the premises.
10.4 An occupier of premises must not cause or allow his or her
premises –
(a) to be kept in a manner which in the opinion of the Council is
dangerous or likely to cause danger to health or property; or
(b) to contain, in the opinion of the Council, noxious weeds, insects,
excessive vegetation growth or be a haven for vermin.
10.5 Where the Council is of the opinion that the condition of any
premises is as described in Clause 10.4 the Council may serve a Notice
to Comply in accordance with clause 14.9 of this Local Law specifying
the work required to correct the condition of the premises.
10.6 An occupier of premises must not cause or allow his or her
premises to be kept in a condition which in the opinion of the Council
is unsightly or is detrimental to the general amenity of the
neighbourhood.
10.7 Where the Council is of the opinion that the premises –
(a) contains unconstrained rubbish; or
(b) contains disused excavation or waste material;
(c) for any other reason that may be determined by the Council from
time to time is unsightly or detrimental to the general amenity of the
neighbourhood,
the Council may serve a Notice to Comply in accordance with clause
14.9 of this Local Law specifying the work required to correct the
condition of the premises.
Compliance with a Notice
10.8 A Notice to Comply is to be served on the occupier of the
premises or, if one of the following circumstances exist, on the owner
of the premises:
(a) the occupier of the premises cannot, after reasonable enquiry, be
located; or
(b) the occupier no longer occupies the premises; or
(c) the premises are unoccupied.
10.9 In addition to any other means of enforcement provided by this
Local Law, if the person served with a notice under clauses 10.1,
10.3, 10.5 and 10.7 fails to comply with the notice to the Council’s
satisfaction, the Council can take whatever action it considers is
necessary to bring the premises into compliance with the notice.
10.10 Any costs incurred by the Council in taking action under clause
10.9 (including, without limitation, the cost of carrying out building
work, the erection of hoardings and barricades and the removal of
material from the premises), must be paid by the person served with
the notice under clause 10.1, 10.3, 10.5 and 10.7 and until such costs
are paid with any interest payable, the costs will remain a charge on
the premises.
Part 11
Naming of Roads and Numbering of Premises
-----------------------------------------
Introduction: This Part contains provisions to provide for the making
of clear signage of road names and street numbers to assist in the
management of the municipality and assist emergency services.
Naming of roads
11.1 No person may give, approve or allot a name to any road without
the approval of the Council.
Allocation of numbering
11.2 The Council may allot to premises within the municipality such
numbers as it considers necessary to identify these premises and may
from time to time make such changes as it deems fit.
Requirement to number premises
11.3 The owner of premises must clearly mark his or her premises with
the numbers allotted by the Council and must renew the numbers as
often as may be necessary.
11.4 Where the Council is unable to find or identify the owner of
premises, the occupier of those premises must comply with clause 11.3.
Council may number premises
11.5 The Council may where premises are not marked by the owner or
occupier with the number allotted, cause the premises to be numbered
and recover the cost of doing so from the owner or occupier (as the
case may be) as a debt due to the Council.
Interfering with numbers and street signs
11.6 A person must not:
(a) destroy, pull down, obliterate or deface the name of any road, or
the name or number of any premises; or
(b) paint, affix or set up any name to any road, or any name or number
to any premises, contrary to the provisions of this Local Law.
Removal of unlawful sign or number
11.7 The Council may cause a road name or number unlawfully or
incorrectly painted, affixed or set up to be removed, obliterated or
destroyed.
Part 12
Miscellaneous
-------------
Introduction: This Part contains provisions that aim to regulate and
prohibit activities in public places not elsewhere covered by this
Local Law to improve the amenity of the municipality and to protect
other assets of the Council (such as pedestrian service signs).
Authorisation required for discharges
12.1 Unless:
(a) in accordance with a permit; or
(b) to do so is specifically authorised by and in accordance with
legislation or approval issued under it,
a person must not allow any material including dust, wastewater, waste,
mud, concrete, paint, oil or chemicals to be blown, conveyed,
deposited or discharged in, on or across any public place (whether
from a building in the course of construction, alteration, demolition
or otherwise).
Prohibition on vehicles remaining in public places
12.2 Unless in accordance with a permit, a person must not:
(a) bring a vehicle into or on or allow it to remain in or on a public
place; or
(b) ride a segway or bicycle in or on a public place,
34.
except:
(c) where that public place is a road or road related area; or
(d) in the case of a bicycle, where that public place is a pathway
designated for use by bicycles.
12.3 In clause 12.2(c), road and road related area have the meanings
as defined in the Road Safety Act 1986.
Repairing vehicles
12.4 A person must not dismantle, paint, carry out maintenance or
repair a vehicle on a road except where it is necessary to enable the
vehicle to be removed or so that it can be driven away within one hour
of a request by an authorised officer.
Interfering with a pedestrian service sign
12.5 A person must not:
(a) destroy, remove, paint, obliterate or deface a pedestrian service
sign; or
(b) install or cause to be installed a pedestrian service sign without
the approval of the Council.
Removal of unlawful signs
12.6 The Council may cause any unlawfully erected pedestrian service
sign to be removed and disposed of.
General obstructions
12.7 A person must not allow any vegetation, building or thing to
protrude from premises so as to obstruct or interfere with the passage
of pedestrians or vehicular traffic in or on a public place.
Prohibition against causing excessive noise
12.8 Unless specifically authorised by and in accordance with
legislation, a person must not in, on or over a public place or in
premises adjacent to such a public place make or allow the making of a
noise which:
(a) is capable of interfering with the reasonable comfort of any
person who may be in the vicinity in that public place; or
(b) at a point:
(i) if the noise comes from premises adjacent to a public place:
(A) not less than 3 metres from but outside and adjacent to the
frontage of the premises; or
(B) outside but near the rear boundary of the premises; or
(C) outside but near the side boundary or extension of the side
boundary of the premises; or
(ii) if the noise comes from a public place, not less than 3 metres
from the source of the noise,
exceeds the designated sound level when measured on sound level
measuring equipment.
Deliveries to and collections of goods from premises
12.9 Deliveries of any goods to or collections of any goods from any
non-residential premises must only be made on such days and at such
times as are prescribed by the Council.
Waste
12.10 Waste including hard waste, green waste and recyclable material
from any premises must only be collected on such days and at such
times as are prescribed by the Council.
12.11 A person must not collect waste or allow waste to be collected
from an area prescribed by the Council between 11.01pm and 5.59am on
the following day.
12.12 A person must not, unless in accordance with a permit, collect
waste or allow waste to be collected from:
(a) an area prescribed by the Council between 6.00am and 11.00pm on
the same day; or
(b) any part of the central city.
12.13 A permit granted under clause 12.12 may contain conditions
requiring the holder of the permit to:
(a) ensure that each waste container left out for collection is marked
with a unique identification number and details of the frequency with
which waste is intended to be collected from the waste container;
(b) maintain a database of waste containers, showing the occupier of
premises in respect of which each waste container was issued; and
(c) ensure that the permit or a copy of the permit is at all times
prominently displayed on each vehicle used in the collection of the
waste.
12.14 A person must not leave or allow to be left a waste container in
or on a public place unless it is:
(a) marked with the address of the premises in respect of which it was
issued and a telephone contact number;
(b) clean on all external surfaces including being free from visible
food matter and other debris;
(c) airtight, securely closed and sealed; and
(d) for the purpose of having waste collected and not before 6.00pm
the evening before the collection day.
12.15 Further to the requirement in clause 12.14 a person must not
leave or allow to be left a waste container in or on an area
prescribed by the Council unless it is locked, provided that the
Council takes into account the following matters before prescribing
such an area:
(a) pedestrian and vehicular traffic;
(b) safety;
(c) noise;
(d) any other consideration it deems relevant.
12.16 Between the hours of 7am and 7pm, once waste has been collected
from a waste container, a person must not keep or allow that waste
container to remain in or on a public place other than an area
prescribed by the Council for the storage of waste containers, for
more than 3 hours in the central city or other area prescribed by the
Council and 24 hours in all other locations.
Part 13
Permits
-------
When is a permit required under this Local Law?
13.1 Where in this Local Law a person is prohibited from doing a thing
“unless in accordance with a permit”, a person who does the thing
which is prohibited to be done without first obtaining a permit from
the Council under this Part is guilty of an offence.
13.2 The Council may grant a permit subject to such conditions as it
thinks fit.
Fee required
13.3 The fee payable for the granting of a permit is the fee that is
prescribed by the Council.
Further information may be required
13.4 The Council may require an applicant to provide it with more
information before it deals with the application for a permit.
Notice may be required
13.5 The Council may require the applicant to give notice of the
application for a permit in the manner prescribed by the Council.
Duration of permit
13.6 Except where expressly stated in this Local Law or in a permit, a
permit operates from the date it is issued and expires one year after
the date of issue.
Correction of permits
13.7 The Council may correct a permit if that permit contains:
(a) an unintentional error or an omission; or
(b) a material miscalculation or a material mistake in the description
of a person, thing or property.
13.8 The Council must notify a permit holder in writing of any
correction under clause 13.7.
Exemptions
13.9 The Council may by written notice exempt any person or class of
persons from the requirement to have a permit, either generally or at
specified times;
13.10 An exemption under clause 13.9 may be granted subject to
conditions.
13.11 A person must comply with the conditions of an exemption under
clause 13.9.
13.12 An exemption under clause 13.9 may be cancelled or corrected as
if it were a permit.
Cancellation of a permit
13.13 The Council may cancel a permit if it considers that:
(a) there has been a serious or ongoing breach of the conditions of
the permit;
(b) a Notice to Comply has been issued, but not complied with within
seven days after the time specified in the Notice to Comply;
(c) there was a significant error or misrepresentation in the
application for the permit; or
(d) in the circumstances, the permit should be cancelled.
13.14 Before it cancels a permit under clause 13.13, the Council must
provide to the permit holder an opportunity to make comment on the
proposed cancellation.
Part 14
Enforcement
-----------
Offences
14.1 A person who:
(a) fails to comply with this Local Law; or
(b) fails to comply with a condition of a permit; or
(c) fails to do anything directed to be done under this Local Law; or
(d) knowingly submits erroneous, inaccurate or misleading information
in an application for a permit; or
(e) refuses or fails to obey directions of an authorised officer to
leave a public place where in the opinion of that authorised officer
the person has failed to comply or is failing to comply with this
Local Law; or
(f) fails to comply with a sign erected by the Council,
35.
is guilty of an offence.
Infringement notices
14.2 As an alternative to prosecution, an authorised officer may serve
an infringement notice on a person who:
(a) has done one or more of the things described in clause 14.1; or
(b) is reasonably suspected of having done one or more of the things
described in clause 14.1.
14.3 The fixed penalty in respect of an infringement notice is the
amount set out in the Schedule to this Local Law. For offences not
specified in Schedule 1 the penalty is 1 penalty unit.
Offences by Corporations
14.4 If a person charged with an offence against this Local Law is a
corporation, any person who is concerned or takes part in the
management of that corporation may be charged with the same offence.
14.5 If the corporation is convicted of an offence against this Local
Law, a person charged under clause 14.4 with the same offence may also
be convicted of the offence and is liable to the penalty for that
offence unless that person proves that the act or omission
constituting the offence took place without his or her knowledge or
consent.
Court fines
14.6 A person guilty of an offence against this Local Law is liable to
a penalty:
(a) not exceeding 20 penalty units; and
(b) for a continuing offence, not exceeding 2 penalty units for each
day after the conviction during which the contravention continues.
Costs incurred by the Council to be paid
14.7 All costs incurred by the Council under this Local Law must be
paid by the owner or occupier of the premises concerned and until such
costs are paid with any interest payable, the costs remain a charge on
the premises.
Notice to Comply and directions
14.8 An authorised officer may either orally or in writing direct a
person to leave a public place if in the opinion of the authorised
officer the person is failing to comply or has failed to comply with
this Local Law.
14.9 Either as an alternative or in addition to an infringement
notice, an authorised officer may serve a Notice to Comply under this
clause on a person who the authorised officer reasonably suspects to
be in breach of this Local Law.
14.10 A Notice to Comply under clause 14.9 must be in writing and in a
form approved by the Council.
14.11 A Notice to Comply under clause 14.9 may do one or more of the
following things:
(a) direct the person to comply with this Local Law;
(b) direct the person to stop the conduct which constitutes the breach
of this Local Law;
(c) direct the person to deliver up to the authorised officer or to
some specified person or some specified location any item or property
of the person which constitutes the breach of this Local Law;
(d) direct the person to remove or cause to be removed any item, goods,
equipment or other thing that constitutes a breach of this Local Law;
(e) direct the person to leave an area within the time specified in
the notice that constitutes a breach of this Local Law.
14.12 A Notice to Comply under clause 14.9 must specify the time and
date by which the person specified in the Notice to Comply must comply
with the directions in clause 14.11.
14.13 The time required by a Notice to Comply under clause 14.9 must
be reasonable in the circumstances having regard to:
(a) the amount of work involved; and
(b) the degree of difficulty; and
(c) the availability of necessary materials or other necessary items;
and
(d) climatic conditions; and
(e) the degree of risk or potential risk; and
(f) any other relevant factor.
14.14 A person served with a Notice to Comply under clause 14.9 must
comply with a direction contained in the notice.
Power of authorised officer to act in urgent circumstances
14.15 Any authorised officer may in urgent circumstances arising as a
result of a failure to comply with this Local Law, take action to
remove, remedy or rectify a situation without the necessity to serve a
Notice to Comply provided:
(a) he or she considered the circumstances or situation to be
sufficiently urgent and that the time involved or difficulties
associated with the serving of a Notice to Comply, may place a person,
animal, property or thing at risk or in danger; and
(b) details of the circumstances and remedying action are forwarded as
soon as practicable to the person on whose behalf the action was
taken.
14.16 The action taken by an authorised officer under 14.15 must not
extend beyond what is necessary to cause the immediate abatement of or
to minimise the risk or danger involved.
Power of authorised officer to confiscate
14.17 Where a person owning or responsible for items, goods,
equipment, vessel, bicycle or other property or thing has ignored a
direction from an authorised officer to remove them, the items, goods,
equipment, vessel, bicycle or other property or thing may be
confiscated and impounded.
14.18 If an authorised officer has confiscated anything in accordance
with this Local Law, the Council may refuse to release it until the
appropriate fee or charge prescribed by the Council for its release
has been paid to the Council.
14.19 As soon as it is reasonably practicable to do so, the authorised
officer must serve a written notice in a form that is prescribed by
the Council from time to time on the owner or person responsible for
the confiscated item setting out the fees and charges payable and time
by which the item must be retrieved.
14.20 If after the time required in a notice a confiscated item is not
retrieved, an authorised officer may take action to dispose of the
confiscated item according to the following principles:
(a) where the item has no saleable value, it may be disposed of in the
most economical way; and
(b) where the item has some saleable value the item may be disposed of
either by tender, public auction or private sale but failing sale may
be treated as in sub-clause (a);
(c) where the owner has advised the Council in writing that the
Council may dispose of the goods because he or she does not intend to
retrieve them, the Council may dispose of them by the method
identified in sub-clauses (a) and (b).
Part 15
Delegations
-----------
15.1 The Council may by instrument of delegation delegate any of its
powers, functions and duties under this Local Law to a member of its
staff.
15.2 A reference in an instrument of delegation to a delegate by way
of the delegate’s position with the Council includes:
(a) a person authorised to carry out the powers, duties and functions
of that position at the Council;
(b) a person acting in that capacity; or
(c) if that position at the Council ceases to exist, any person
exercising any power, duty or function which was previously a power,
duty or function of the previous position.
Activities Local Law
Schedule 1
Penalties Fixed for Infringements
---------------------------------
Clause
Offence
Penalty
(Penalty Units)
2.1; 2.2
Prohibited activities in public places
2.5
2.3
Misuse of toy vehicles
1
2.7
Destroying or causing damage to trees
5
2.8
Camping in public places
2.5
2.9
Fencing vacant land
5
2.10
Fences at intersections
2
3.1; 3.3
Consumption / possession of liquor in prohibited area
1
3A.1
smoke in a smoke free area
1
3B.2
Keeping of animals
2.5
3B.3
Housing of animals
2.5
3B.4
Feeding of animals in a public place
1
3B.5; 3B.6
animal waste disposal
2.5
4.1
Unauthorised advertising sign or thing on or between buildings
5
4.2
Unauthorised display of street art in, or within view from, a public
place
10
4.6
Unauthorised portable advertising sign or other thing in public place
2.5
4.7; 4.9
Unauthorised display of goods in a public place
5
4A.1
Unauthorised green infrastructure
2.5
5.1
Soliciting/collecting for money or subscription or selling a raffle
ticket without a permit
2.5
5.2
Soliciting trade, or touting or spruiking without a permit
5
5.3
selling without a permit in a public place
5
5.4
Distribution/display of handbills without a permit
5
5.5
Filming or conducting a special event without a permit
5
5.6
Busking without a permit
5
5.7
Causing excessive noise
5
5.9
Causing pedestrian / vehicular obstruction
5
5.10
Placing furniture in a public place without a permit
10
6.1
road works undertaken without a permit
10
7.1
Failure to comply with the Code
20
7.2
Failure to comply with the design and construction standards
20
7.3
Failure to refer application to the Office of Gas Safety
10
8.1
Water activities without a permit
2.5
8.2
mooring without a permit
10
8.3
Prohibited behaviour on a vessel
5
8.4
Prohibited activities on water
5
9.1
Failure to give 48 hours notice before commencing building works
10
9.4
Failure to comply with a construction management plan
20
9.5
building works out of hours without a permit
20
9.6
building works on a dwelling out of hours
5
9.7
building works carried out on a dwelling exceeding the designated
sound level
10
9.8
Dirty wheels / undercarriage of construction vehicles
10
9.9
building works creating a nuisance
10
11.1
Unauthorised naming of roads
2.5
11.3; 11.4
Failure to clearly number premises
2.5
11.6
Interference with numbers or street signs
2.5
12.1
Unauthorised discharge of material in a public place
10
12.2
vehicle, bicycle or segway without a permit in or on a public place
2.5
12.4
Repairing a vehicle on a road
5
12.5
Interfering with a pedestrian service sign
2.5
12.7
General obstructions from premises into a public place
2.5
12.8
Causing excessive noise
5
12.9
Delivery or collection of goods causing a nuisance
20
12.10
Collection of waste from premises
20
12.11
Collection of waste from prescribed area
20
12.12
Collection of waste from prescribed area or central city
20
12.14
Leaving waste container in or on public place
10
12.15
requiring waste container be locked in prescribed areas
10
12.16
Leaving waste container for more than the permitted time
10
2.11,14.9, 14.14
Failure to comply with a Notice to Comply
10
Schedule 2
----------
Part A – Smoke Free Areas
The following areas are smoke free areas for the purposes of clause 3A
of this Local Law:
1. any children’s playground, and any area abutting such children’s
playground, prescribed by the Council; and
2. any parcel of land on which a child care centre is located, and any
area abutting such parcel of land, prescribed by the Council.
Part B – Guidelines for Prescribing Smoke Free Areas
When determining whether to prescribe a smoke free area for the
purposes of clause 3A.3 of this Local Law, the Council must have
regard to the following factors:
1. the size of the proposed smoke free area;
2. the opinions of any Person who is the Owner or Occupier of any part
of the proposed smoke free area or the area immediately adjoining the
proposed smoke free area;
3. the proximity of the proposed smoke free area to a public place,
part or all of which is not in a smoke free area;
4. the extent and outcome of any public consultation on the proposed
smoke free area;
5. any benefits to the community which would be achieved by the
Council prescribing the proposed smoke free area; and
6. any detriments to the community which would be caused by the
Council prescribing the proposed smoke free area.
Annexure (Plan)

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