The principal objectives of this Local Law are to support the provisions of the Road Management Act and regular the use of roads, in particular by:
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Providing for the management of the physical features of the road and adjacent properties in a manner which is consistent with the safety and convenience of people travelling on or using the road; and
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Controlling the use of various types of vehicles and animals for the safety and convenience of road users; and
- Controlling and regulating secondary activities on roads, including trading, the placing of signs, goods and equipment, repairs to vehicles and parties, festivals, processions, outdoor eating facilities, artistic activity and collections; and
- Facilitating free and safe access for people with sight and movement impairment or disabilities; and
- Providing for the safe and efficient management and control of parking on roads in the municipal district; and
- Providing for the management and control of parking to cause minimal disruption, danger or nuisance to the users of Council’s parking facilities.
Trees and plants not to obstruct or obscure
- An owner or occupier of land must not allow any tree or plant in or growing on the land to obstruct or interfere with the passage of vehicular or pedestrian traffic by:
- overhanging any footpath or other part of the road used by pedestrians so that it gets in the way of pedestrians or is likely to cause injury or damage; or
- extending over any part of the road in such a way that it:
- obstructs the view between vehicles at an intersection; or
- obstructs the view between vehicles and pedestrians where they come close to each other; or
- obscures a traffic control item from an approaching vehicle or pedestrian; or
- obscures street lighting; or
- obstructs the view between vehicles and trains at a railway level crossing which does not have gates, booms or flashing lights; or
- otherwise constituting a danger to vehicles or pedestrians or compromising the safe and convenient use of the road
Maximum Penalty : $300
2. An owner or occupier of land must not allow any tree or plant in or growing on the land to encroach onto or above a reserve owned or occupied by the Council to or at a height of less than three (3) metres above the surface of the reserve.
Obstructions to road
- Placing of signs and posts
A person must not place a sign, post or other similar object on any land in such a way that it causes an obstruction, danger or hazard of a type referred to in clause 6(1)(b) or (c). (Note: Planning permits may be required to place a sign on private or public lands. A permit in accordance with provisions of clause 36 of this Local Law is required for events involving use of roads.)
Maximum Penalty: $300.
2. Nature Strips
A person must not place or caused to be placed on the nature strip abutting land owned or occupied by that person any vegetative or other material (including but not limited to combustible waste, packaging, equipment, tyres or other substances) which constitutes or is likely to constitute a danger to persons or property.
Maximum Penalty: $300.
Restriction of use
If, in the opinion of the Council or an authorised officer, a road, or part of a road, is likely to be damaged by a particular class of vehicle, it may, in accordance with this Division, prohibit such vehicles from, or restrict such vehicles in, using that road or part of the road, for as long as it considers is necessary to prevent the damage.
Notice of proposal
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Before prohibiting or restricting any class of vehicle, the Council must give public notice of its proposal and cause a notice to be displayed on or adjacent to the road.
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The notice must include:
1. a description of the part of the road affected; and
2. the period of time over which the prohibition or restrictions applies; and
3. the classes of vehicle which are prohibited or restricted; and
4. the method of applying for a permit
Submissions
A person has a right to make a submission under section 223 of the Local Government Act 1989 on any proposal made under the notice of proposal clause.
Permits for use of heavy vehicles on restricted roads
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, use a road contrary to any sign erected on it.
Maximum Penalty: $500.
- In deciding whether to issue a permit, the Council must take into consideration:
1. the amount of the damage likely to be caused to the road by the vehicle in respect of which a permit is sought; and
2. the type and weight of the vehicle; and
3. the goods to be transported and the weight of those goods; and
4. alternative roads which are available; and
5. the necessity to impose speed limits; and
6. any other matter relevant to the circumstances of the application.
Urgent action
- Notwithstanding anything else contained in this Division, the Chief Executive Officer may, after considering a report prepared by appropriately qualified staff recommending the taking of urgent action, immediately:
- prohibit vehicles from; or
- restrict vehicles in
using a road or part of a road
- The prohibition or restriction effected by the Chief Executive Officer must be reviewed by him or her every (7) days but will continue in force until:
- the Chief Executive Officer decide that the prohibition or restriction is no longer required; or
- the process required under clauses 8, 9 and 10 of this Local Law has been completed (see full document)
whichever first occurs.
Leaving shopping trolleys
A person or an owner of a shopping trolley must not leave or allow a shopping trolley on any road or vacant land or cause or authorise another person to do so.
Maximum Penalty: $200.
Abandoned shopping trolleys
Any shopping trolley left on a road or vacant land, except in an area designated by the Council for the purpose, may be removed by an authorised officer and impounded.
Use of toy vehicles
A person must not use, cause to be used or allow another person to use a toy vehicle on a road in such a way as to inconvenience, obstruct, hinder, endanger, alarm or prevent the free passage of any pedestrian or other user of the road, whether in another vehicle or not.
Maximum Penalty: $200.
Impounding of toy vehicles
Where any person continues to use a toy vehicle in contravention of this Division and after an authorised officer has issued a warning to that person, the toy vehicle may be removed by an authorised officer and impounded.
Pound release: $100.
Riding or leading horses on reservations and in publicreserves
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A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, ride or lead a horse or cause or authorise another person to ride or lead a horse on a reservation, in a built‑up area or in any reserve.
Maximum Penalty $200.
- Sub-clause (1) does not apply to a reserve which is signposted by the Council, or another public authority responsible for the reserve, as being available for horse riding.
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, operate or cause to be operated for hire on a road a horse-drawn vehicle.
Maximum Penalty $200.
- A person must not operate or cause to be operated for hire on a road any horse-drawn vehicle so as to cause a nuisance.
Maximum Penalty $200.
Parking in residential areas (privately owned residential land)
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, park, keep, store, repair or authorise another person to keep, store or repair a vehicle weighing more than 4 tonnes (gross vehicle mass) on land or a road in a residential area.
Maximum Penalty $300.
2. Sub-clause (1) does not apply in relation to a vehicle which is parked, kept, stored or repaired for less than two hours, including while used to make deliveries.
Consideration of permits
In deciding whether to grant a permit for a heavy vehicle to be parked on private lands, the Council may take into consideration:
- the likely impact on the residential amenity of the neighbourhood as a result of:
- the intrusion of heavy vehicle traffic and;
- excessive noise from heavy vehicles; and
- pedestrian and motorist safety; and
- the likely damage to be caused to Council assets and street trees; and
- fumes or related smells resulting from the parking of heavy vehicles; and
- the traffic function, traffic volume and width of other roads in the vicinity; and
- whether the unobstructed sight distance when exiting forward from the land is capable of being a minimum of 80 metres; and
- whether the manoeuvring requirements of the vehicle and the carriageway width will enable the vehicle to be turned within a maximum crossing width of four (4) metres; and
- any load limit restriction in force on the relevant road; and
- whether the land is of sufficient size and layout to enable the vehicle to be properly garaged; and
- any other matter relevant to circumstances of the application.
Erecting or placing advertising signs
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, erect or place a movable advertising sign on a road or Council asset, cause or authorise another person to do so. (Note: a fixed sign or all other signage will require approval in accordance with the provisions of the Indigo Planning Scheme)
Maximum Penalty: $200
2. Any signage permitted in accordance with (1) above must be placed adjacent to the property from which the selling of goods or provision of services takes place. Remote signage is not permitted.
3. This clause does not apply to an advertising sign for a garage sale or auction if:
1. the sign is no larger than 1 metre by 1 metre or more than 0.5 metre thick; and
2. the sign does not obstruct any constructed footpath or any walkway; and
3. the sign is not located on any area of the road to which motor vehicles have access; and
4. the sign is not displayed other than on the day preceding and on the day or days of the garage sale or auction.
Permits for advertising signs
In deciding whether to grant a permit, the Council must take into consideration:
1. Trading Places Guidelines published by Council; and
2. whether an advertising sign is proposed to be placed in a location which would cause a danger to pedestrians; and
3. the width and height and colour of the sign; and
4. whether lettering is upper case and colours are heritage colours appropriate to the adjacent building and streetscape; and
5. any other signs for the applicant's premises; and
6. whether the construction will create a hazard to pedestrians; and
7. whether persons who may be liable for injury caused by the placing of the sign are insured against that risk; and
8. whether the applicant has provided a certificate of currency for a public liability policy for the sum of $10,000,000; and
9. any other matter relevant to the circumstances of the application
Impounding signs
If an advertising sign is erected or placed in any place contrary to this Division or placed on a traffic control item or in contravention of any permit conditions, an authorised officer may remove and impound it if the authorised officer has first issued a warning to the person who owns or who has erected or placed the sign.
Pound release: $100.
Locating goods for sale
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, place or display any goods for sale or cause or permit another person under his or her control to do so on:
- a footpath; or
- any part of a carriageway designed for the use of passing vehicles; or
- within 700mm of an area where vehicles may stand; or
- any other part of a road.
Maximum Penalty: $500.
- In deciding whether to grant a permit, the Council must take into consideration:
- the Trading Places Guidelines published by the Council; and
- whether the goods will be displayed outside the applicant's premises; and
- whether adequate lighting of the display area can be achieved if the normal business hours include hours of darkness; and
- whether the goods or the display may be of such material, layout or construction which could be a hazard to pedestrians; and
- whether persons who may be liable for injury caused by the placing of the sign are insured against that risk; and
- whether the applicant has provided a written indemnification of the Council against liability arising from activities authorised by the permit; and
- any other matter relevant to the circumstances of the application.
- Any goods left or displayed on any part of a road contrary to this Division or displayed in contravention of any conditions of a permit may be removed by an authorised officer and impounded.
A permit is required
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, establish an outdoor eating facility on any footpath or other part of a road.
Maximum Penalty: $200.
- In deciding whether to grant a permit, the Council must take into consideration:
- the Trading Places Guidelines published by the Council; and
- whether the facility is conducted in conjunction with and as an extension of food premises located immediately abutting the facility, and the applicant is the person conducting such food premises; and
- whether the food premises are registered in accordance with the Food Act 1984; and
- whether the facility would be located where it would obstruct the visibility at an intersection; and
- whether appropriate and safe pedestrian access can be maintained; and
- whether the tables chairs and other equipment to be used will be a hazard; and
- whether persons who may be liable for injury caused by the placing of the sign are insured against that risk; and
- whether the applicant has provided a written indemnification of the Council against liability arising from activities authorised by the permit; and
- any other matter relevant to the circumstances of the application.
- Any tables, chairs, umbrellas or other equipment in an outdoor eating facility used in contravention of this Division or of any conditions of a permit may be removed by an authorised officer and impounded.
Use of an outdoor eating facility
- A person must not cause a nuisance to or behave offensively towards another person at or passing an outdoor eating facility.
Maximum Penalty: $200.
- A person must leave an outdoor eating facility when requested to do so by the permit holder.
Maximum Penalty: $200.
- A permit holder under this Division must ensure that customers consuming alcohol do so in accordance with the Council's Local Law No. 2
Maximum Penalty: $200.
Removing an outdoor eating facility
A permit holder under this Division must move or remove the outdoor eating facility when requested to do so for reasons of public safety by an authorised officer or a member of the Police Force or an emergency service.
Maximum Penalty: $200.
Footpath trading detailed provisions
- Notwithstanding anything else contained in this Local Law:
- Rutherglen traders must ensure pedestrians have a clear path of travel at a minimum of 1200mm from the building line on the northern side of Main Street, and 1800mm as a minimum on the southern side of Main Street;
- Beechworth traders must provide 2.8 metres of clear footpath, this is from the building façade out to the 2.8 metre mark and this is to be maintained at all times. Traders are able to have items that have impervious or closed in sides against the building line from the building line out to 1 metre only and then items may be placed from 2.8 metres out from the building façade out to the gutter. Refer to Trading Places Guidelines for a diagram;
- Stanley traders must ensure pedestrians have a clear path of travel at a minimum of 1200mm from the building line;
- Tangambalanga and Kiewa traders must ensure pedestrians have a clear path of travel at a minimum of 1800mm from the building line;
- Wahgunyah traders must ensure pedestrians have a clear path of travel at a minimum of 1800mm from the building line;
- Yackandandah traders must provide 2.8 metres of clear footpath, this is from the building façade out to the 2.8 metre mark and this is to be maintained at all times. Traders are able to have items that have impervious or closed in sides against the building line from the building line out to 1 metre only and then items may be placed from 2.8 metres out from the building façade out to the gutter. Refer to Trading Places Guidelines for a diagram;
- Chiltern traders must ensure pedestrians have a clear path of travel at a minimum of 1200mm from the building line.
Maximum Penalty: $500.
Roadside trading
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit:
- erect or place on any road, car park or Council-controlled land, a vehicle, caravan, trailer, table, stall or other similar structure for the purpose of selling or offering for sale any goods or services; or
- sell or offer to sell goods or services on a road.
Maximum Penalty: $500
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, sell or offer for sale any goods or services from a public place adjacent to a road to any person who is on that road or in that public place.
Maximum Penalty: $500.
- In deciding whether to grant a permit, the Council must take into consideration:
- whether the safety of road users or the passage of vehicles will be affected by the placement; and
- whether permits required by the Public Health and Wellbeing Act 2008, Food Act 1984 or any other legislation have been obtained; and
- whether the activity will disturb, annoy or disrupt adjacent property owners or occupiers; and
- Whether the activity will cause loss of trade to more permanent businesses, this can be overcome by selecting trading locations appropriately so that roadside trading is conducted away from the central business locations; and
- whether the activity will be detrimental to the amenity of the area; and
- whether appropriate arrangements can be made for waste water disposal, litter and garbage disposal, lighting and advertising signs; and
- whether the consent of the Roads Corporation has been obtained where the road is a declared State Highway, Tourist Road or Forest Road; and
- whether persons who may be liable for injury caused by the activity are insured against that risk; and
- any other matter relevant to the circumstances of the application.
Regulation of trading sites
- If the Council has entered into an agreement (by way of permit, lease, licence or otherwise) in relation to trading from a particular site, a person other than the person with whom the Council has the agreement must not trade from that site whether or not that person has a permit.
Maximum Penalty: $500.
- The Council may by resolution determine a fee, charge or rent in relation to selling or offering for sale of any goods or services from land or a public place adjacent to a road or to any person who is on that road or public place.
- If the use of a site not permitted by this Local Law or the contravention of any conditions on a permit continues after a Notice to Comply has been served, any goods and associated equipment may be removed by an authorised officer and impounded.
Display of vehicles for sale
A person must not display for sale any vehicle on a road, car park or Council controlled property, nor permit or authorise another person to do so.
Maximum Penalty: $500.
Placing bulk rubbish containers or portable toilet system
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, place or cause or permit another person to place a bulk rubbish container or a portable toilet system on a road.
Maximum Penalty: $500.
- In deciding whether to grant a permit, the Council must take into consideration:
- whether the placement will obstruct the passage of vehicles and pedestrians, obscure the view of motorists or present a physical hazard; and
- whether the placement will contravene any traffic control signs; and
- protection of any Council assets; and
- whether persons who may be liable for injury caused by the placing of the container are insured against that risk; and
- whether the applicant has provided a written indemnification of the Council against liability arising from activities authorised by the permit; and
- any other matter relevant to the circumstances of the application.
- A bulk rubbish container or a portable toilet system placed on any part of a road contrary to this Division or in contravention of any conditions of a permit may be removed by an authorised officer and impounded.
Pound release: $200 - plus all associated impound costs.
Placing charitable collection bins
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, place or cause or permit another person to place a charity collection bin on a road, in a car park or on other Council-controlled land.
Maximum Penalty: $500.
2. In deciding whether to grant a permit, the Council must take into consideration:
1. whether the placement will obstruct the passage of vehicles and pedestrians, obscure the view of motorists or present a physical hazard; and
2. protection of any Council assets; and
3. whether persons who may be liable for injury caused by the placing of the bin are insured against that risk; and
4. whether the applicant has provided a written indemnification of the Council against liability arising from activities authorised by the permit; and
5. any other matter relevant to the circumstances of the application.
3. A charity collection bin placed on any road, in any car park or on any Council-controlled land contrary to this Division or in contravention of any conditions of a permit may be removed by an authorised officer and impounded.
Repair of vehicles is prohibited
A person must not dismantle, paint, carry out maintenance on or, except for the purpose of removing it, repair, a vehicle on a road, nor permit or authorise another person to do so
Maximum Penalty: $500.
Removal of substances
- A person in charge of a vehicle or livestock from which any substance has fallen or run off onto a road must take all reasonable steps to promptly remove the substance, make good any damage and remove any consequent hazard.
- Where any damage or hazard remains, the person referred to in sub-clause (1) must promptly notify the Council or member of the police force of the damage or hazard.
Maximum Penalty: $500.
Permitted roads
Subject to this Local Law a street festival or procession may be held on any type of road but must not be held on a primary arterial road unless the written consent of the Local Commanding Officer of Police and the Roads Corporation has been obtained.
Street parties, street festivals and processions
This clause operates in conjunction with sections 99A and 99B of the Road Safety Act 1986 and Regulation 30 of the Road Safety (Traffic Management) Regulations 2009.
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, hold a street party, street festival or procession on a road.
Maximum Penalty: $500.
2. In deciding whether to grant a permit for a street party, the Council must take into consideration:
- whether the road can be closed to vehicular traffic, after consideration of a report from VicRoads,for the duration of the street party; and
- whether all owners or occupiers of all properties with immediate vehicular access via the section of road to be closed have been advised by letter and given seven (7) days to comment or object; and
- whether a person on behalf of the applicant has been nominated to erect and remove the barriers which close the road at locations and times specified by the Council; and
- whether the footpath on at least one side of the road can be kept clear of obstructions; and
- any other matter relevant to the circumstances of the application.
3. In deciding whether to grant a permit for a street party, street festival or procession on a collector road, the Council must take into consideration:
- whether the road can be closed to vehicular traffic, or partly closed with safe and effective separation of vehicular traffic and festival or procession patrons and equipment; and
- whether the agreement of Victoria Police and the Roads Corporation has been obtained and their requirements met, including an appropriate traffic detour signing scheme; and
- whether all owners or occupiers of properties with any immediate vehicular access via the section of road to be closed have been advised by letter and given seven (7) days to comment or object or other arrangements satisfactory to the Council have been made to alert relevant property owners and occupiers; and
- any other matter relevant to the circumstances of the application.
4. An application to conduct an event on a local street must be made at least 21 days before the event is to take place.
5. An application to conduct an event on any other road must be made at least 28 days before the event is to take place.
6. An application for a permit must contain the following information:
- the name, address and phone number of a nominated person through whom arrangements can be made; and
- the group of people or the organisation on whose behalf the application is being made; and
- the name of the street to be closed together with a diagram showing the section of street to be closed; and
- the date and times of the proposed road closure; and
- a statement of the groups or class of persons who are being invited to the event.
Collections
1. A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit
1. sell or offer for sale any raffle ticket; or
2. solicit or collect any waste materials, gifts of money or subscriptions for any purpose or cause
from any road, street, footpath, or by going from house to house, nor cause nor authorise another person to do so.
Maximum Penalty: $500.
2. In deciding whether to grant a permit, the Council must take into consideration:
- whether the applicant is a charity, community organisation or religious body; and
- if the applicant has obtained any necessary permits under the Fundraising Act 1998, Gambling Regulation Act 2003 or any other Act or Regulation; and
- the application complies with any policy adopted by Council; and
- the times and days it is proposed to collect; and
- the matter or thing to be collected; and
- the roads or areas in which the collections will take place; and
- the impact on traffic and safety of pedestrians; and
- the age of participants and the supervision of participants; and
- whether persons who may be liable for injury caused by the collection activity are insured against that risk; and
- whether the applicant has provided a written indemnification of the Council against liability arising from activities authorised by the permit; and
- any view of the Victoria Police or Roads Corporation (where relevant) concerning the proposed location or conduct of any collection; and
- any other matter relevant to the circumstances of the application.
Busking and street entertainment
- A person must not, without a permit nor otherwise than in accordance with the conditions of such a permit, busk on a road or in a public place.
Maximum Penalty: $200.
- In deciding whether to grant a permit, the Council must take into consideration:
- whether any undue obstruction will be caused to pedestrians or traffic in the area specified buskers will need to comply with Council’s Trading Places Guidelines; and
- whether any interference will be caused in relation to other approved activities in the area.
- The conditions of a permit may include:
- a condition that no sound reinforcement equipment (amplification) may be used; and
- a condition that the permit holder is not to sell or offer or expose for sale any article or commodity; and
- a condition that any drawings, sketches or other artwork made on any footpath must be easily erasable in a non-permanent medium such as chalk, charcoal or pastel; and
- a condition that the permit holder will comply with all directions by an authorised officer or a member of the police force, including a direction that busking cease or that the location of the busking be moved to lessen congestion or inconvenience to other persons; and
- a condition that the permit holder is not to advertise or associate the busking activity with advertising in any performance; and
- any other condition which the Council considers to be appropriate.
Firewood collection from road reserves
The collection of firewood from any Council managed roadside in the Shire is prohibited unless a permit is issued in accordance with Council’s Roadside Firewood Collection Plan.
Maximum Penalty: $500.
Resident parking scheme
- A resident parking scheme operates in declared areas by use of a permit which exempts an eligible vehicle from a parking time limit or permits the vehicle to be parked in a “Permit Zone”.
- The Council may declare an area for the purposes of this Division, after taking into consideration the following principles:
- resident parking schemes may be introduced in streets which are primarily residential in nature or in primarily residential sections of mixed use streets; and
- the objective of resident parking schemes is to give residents a reasonable likelihood of parking an eligible vehicle within reasonable proximity to their home. This requires that full use is made of available off‑street space. In some cases more permits may be issued than there are on‑street parking spaces. Having a permit does not guarantee a parking space.
- A resident parking scheme operates by use of windscreen stickers (permits) on eligible vehicles. A permit used correctly in the nominated street or area permits the vehicle to:
- be parked for longer than the signposted time in a parking area with a time limit of one hour or longer, but not in parking areas with a shorter time limit; and
- stand in an area designated “No Standing [times indicated] Vehicles Displaying Council Parking Permit Excepted”, or in a “Permit Zone” at the applicable times, but not in any other No Standing areas or any other Zones.
- A permit must be firmly affixed to the lower passenger’s side corner of the front windscreen of the vehicle.
- A permit ceases to be valid on change of ownership involving a change of address, or on change of residence of the owner, whichever occurs first.
- A permit is available for any resident’s vehicle for which there is no opportunity for provision of off street parking.
- A permit applies to a specific vehicle. The vehicle must be registered at the address and normally kept there. If, at the time of first applying for a permit, the vehicle is not yet registered at the address, a temporary three-month permit may be issued, so long as the registered address is in the process of being altered. A temporary permit cannot be renewed.
- A vehicle longer than six (6) metres (including any attachment or trailer) is not eligible.
- Unless, in the view of the Council, unusual circumstances apply (such as an extremely large number of eligible vehicles existing in the street or the scheme's objective is not being met), parking restrictions to give resident parking preference will normally only be implemented on one side of a street and will normally be under sub-clause 3(a) rather than sub-clause 3(b).
- Visitor's permits are only available for housebound residents. Two permits are available per dwelling for such people.
- A permit will specify the street area in which it is valid. In some commercial areas and streets with clearways, the Council may issue a permit for an adjacent residential street which has a resident parking scheme. In such cases the permit will specify the street [alternatively: area] in which it is valid.
- Parking areas, No Standing areas and Zones included in a resident parking scheme have a green and white sticker indicating “RESIDENT PERMIT AREA” on the steel post beneath most of the parking control signs. Resident parking permits are not valid outside the specified resident permit area.
- Before introduction of an additional area into the Scheme, notification must be given to every residence in the area at least 14 days before the resident parking scheme commences advising:
- eligibility; and
- how to apply for a permit; and
- the cost of the permit; and
- how the scheme operates.
- The Council must keep a list of all declared areas and include it in the register of determinations.