Local Law No.2 - Amenity

Overview

The principal objectives of this Local Law are:

1. to ensure a safe and healthy environment for residents of and visitors to the Municipal District by regulating or controlling activities which may be dangerous or unsafe or be a nuisance; and
2. to provide for peace, order and good government of the Municipal District; and
3. to provide for the administration of Council’s powers and functions.

Safety and Amenity - People and Property

Dangerous land

An owner or occupier of land must not cause or allow the land to be kept in a manner which is dangerous or likely to cause danger to life or property, including land:

1. which is liable to harbour vermin; or
2. on which there exists a wasp nest; or
3. which is used without a permit for the storage of any substance which is dangerous or is likely to cause danger to life or property; or
4. which is otherwise in such a condition as to be dangerous or likely to cause danger to life or asset.

Infringement Penalty: 4 Penalty Units

Maximum Penalty: 16 Penalty Units

Nature strips

An owner of occupier of land must ensure that the nature strip referable to that land:

1. is maintained in a neat and tidy condition; and
2. does not contain anything which is, or is liable to become, a danger to any person or property.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Unsightly land

An owner or occupier of land must ensure that the land, and any structure on the land, is not unsightly or detrimental to the general amenity of the neighbourhood, including by ensuring that the land:

1. does not harbour unconstrained rubbish;
2. does not contain a disused excavation or waste material; or
3. is not used for storage of machinery (including motor vehicles) or second-hand goods of any kind or for the assembly or dismantling of such machinery or goods

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Drainage

Drains on private land

An owner or occupier of land must ensure that any privately maintained drain on his or her land is maintained so not to:

1. give rise to unpleasant odours;
2. constitute a danger to public health; or
3. otherwise give rise to an offensive condition.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Drainage tappings

A person must not without a permit tap into or interfere with any drain vested in, or under the control of, Council.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

The above sub clause (drainage tappings) does not apply where Council has certified a plan of subdivision which provides, or has otherwise given its approval, for the drain to be tapped.

Fires in the open air

A person must not, in a township area , without a permit, light, allow to be lit or remain alight, any fire in the open air other than in a barbeque.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Burning of offensive materials

A person must not, without a permit, burn or cause to burn any offensive materials in any part of the municipal district.

Infringement Penalty: 5 Penalty Units

Maximum Penalty: 20 Penalty Units

For the purpose of the above sub clause (burning of offensive materials), any materials containing the following substances are offensive:

• manufactured chemical;
• rubber or plastic;
• petroleum or oil;
• paint or receptacle which contains or which contained paint;
• food waste, fish, animal parts and dead animals; and
• other material as determined by resolution of Council from time to time.

In deciding whether to grant a permit, the following will be taken into consideration:

1. the location of the proposed burning and its proximity to adjoining land;
2. the zoning of the land on which the burning is to take place;
3. any alternative means of disposal of the material to be burned;
4. any adequate means of supervising the proposed burning;
5. any adequate means of controlling and extinguishing the spread of fire if the proposed burning takes place;
6. the degree to which the material to be burned may produce offensive, toxic or unpleasant smells or smoke;
7. any relevant policies of the Environment Protection Authority; and
8. any other matter relevant to the circumstances of the application.

Recreational vehicles

A person must not without a permit use a recreational vehicle on any Council land or reserve unless the Council land or reserve has been designated by resolution of Council for that purpose.

Infringement Penalty: 4 Penalty Units

Maximum Penalty: 16 Penalty Units

In deciding whether to grant a permit, the following will be taken into consideration:

1. the location of the Council land or reserve where the recreational vehicle is to be used;
2. the suitability of the Council land or reserve for use by recreational vehicles;
3. the number of recreational vehicles to be used under the permit;
4. the days, times and hours that the recreational vehicles are to be used;
5. the likely damage which may be caused to any Council land or reserve as a result of the use of the recreational vehicles;
6. the likely impact of the use of the recreational vehicles on other users of the Council land or reserve and occupiers of nearby property; and
7. any other matter relevant to the circumstances of the application.

Advertising, bill posting and junk mail

1. A person must not without a permit write, place or affix any letter, figure, device, poster, sign or advertisement on any building, fence or other property vested in, occupied by or under the control of Council except on a community noticeboard displayed for the purpose.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

In deciding whether to grant a permit, the following will be taken into consideration:

1. the nature of the material;
2. the proposed location that the material will be written, placed or affixed; 
3.  the likely interference the writing, placement or affixation of the material will cause to the free and safe passage of any pedestrian or vehicle;
4. the likely nuisance to be caused by the writing, placement or affixation of the material;
5. the likely detriment to be caused by the writing, placement or affixation of the material; and
6. any other matter relevant to the circumstances of the application.

 Infringement Penalty: 3 Penalty Units

 Maximum Penalty: 12 Penalty Units

2. A person other than Council must not place in or on any letter box, gate, fence, or generally leave or distribute to any property in the municipal district, any handbill, poster, pamphlet, flyer or other form of advertising or promotional material.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

The above sub clause (a person other than Council...) does not apply to any:

1. delivery by Australia Post;
2. documents issued under or for the purposes of an Act of Parliament;
3. an Authorised Officer or member of the Police Force acting in the course of their duties;
4. electoral material;
5. newspapers, or material folded or inserted into a newspaper; or
6. legal process

Noise in a public place

A person must not, without a permit, in a public place:

1. sound or play a musical or noise instrument;
2. sound, play, control, operate or use a loudspeaker, amplifier, microphone, wireless receiving set or broadcasting set or other like device capable of being used for making or amplifying sounds or noise; or
3. shout, sing or harangue.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

The above sub clause (noise in a public place) does not apply to:

1. a device used in a manner and for a purpose permitted under the Road Safety Act 1986;
2. a warning which is reasonable in the circumstances;
3. sounds within a motor vehicle which cannot be heard outside the vehicle;
4. sound or noise conveyed through headphones;
5. activities in or on any public place that is a church, school, hall, theatre, market, auction room, licensed premises, or sportsground conducted or undertaken with the approval of the occupier or person responsible for the management of such premises;
6. activities associated with Anzac Day and Remembrance Day ceremonies;
7. festivals, where a permit to conduct that festival has been approved; or
8. a street performer or busker, where a permit has been issued.

Audible bird scaring devices

A person must not use an audible bird scaring device unless all of the following are satisfied:

1. other types of bird scaring devices including non-audible devices and visual bird control measures have first been considered and evaluated for their effectiveness;
2. whenever possible the shielding effects of natural features, buildings or the like are used to reduce the level of noise from the audible bird scaring device at any dwelling on neighbouring properties;
3. the audible bird scaring device is located so that it is not directing noise at or facing any dwelling on neighbouring properties;
4. the audible bird scaring device is not operated before 7am or after sunset on any day;
5. a scaregun must be located, and must only be used, if the distance between the scaregun and any dwelling on neighbouring properties is 300 metres or more;
6. an electronic bird scarer must be located, and must only be used, if the distance between the device (which includes speakers) and any dwelling on neighbouring properties is 200 metres or more; and
7. is compliant with all relevant Acts and regulations.

In addition to the above, an audible bird scaring device must be located as far away as possible from any dwelling on neighbouring properties.

Infringement Penalty: 4 Penalty Units

Maximum Penalty: 16 Penalty Units

Where the level of the blast from a scaregun can be adjusted then the distance between the scaregun and any dwelling on a neighbouring property may be less than 300 metres, provided that the adjusting mechanism must be permanently fixed such that the average maximum level of the blasts at the dwelling on the neighbouring property does not exceed 100 dB LIN Peak.

If a scaregun is used in accordance with the clause highlighted above (that the device is located as far away as possible from on dwelling on neighbouring properties) no offence is committed against first clause.

NOTES

1. Weather conditions affect the propagation of noise. Received levels are loudest when the wind blows from the source to the receiver. Temperature inversions which often occur in the early mornings after a clear night also increase noise propagation.
2. The dB LIN Peak is measured with the sound level meter set to linear (‘Z’) frequency weighting and Peak (‘P’) time weighting.
3. For the purposes of an assessment under this local law each blast in a sequence from a multiple shot scaregun shall be counted as one blast.

Camping

Except at a registered caravan park, a person must not, without a permit, camp or otherwise reside on or in any tent, caravan, or temporary or makeshift structure.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

No permit is required if an owner or occupier of land places, or causes to be placed, a tent, caravan or temporary or makeshift structure on that land for occupation by:

1. a person who ordinarily resides elsewhere on the land; or
2. a temporary visitor,

for a total period not exceeding 28 days in any period of one (1) year, provided that appropriate sanitary facilities are provided by the owner or occupier for use by such person or temporary visitor.

In deciding whether to grant a permit, Council or the Authorised Officer determining the application will consider:

1. the location of the land;
2. the zoning of the land under the Planning Scheme;
3. the suitability of the land for camping;
4. the number of tents, caravans and other structures to be located on the land;
5. the length of time the tents, caravans and other structures will be erected on the land;
6. the availability of sanitary facilities for use by people camping on the land; and
7. any other matter relevant to the circumstances of the application.  

Camping on roads and Council land

A person must not leave standing on any road or Council land any:

1. unregistered caravan or mobile home; or
2. registered caravan or mobile home for a period exceeding 24 hours.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

Circuses and carnivals

A person must not, without a permit, conduct a circus, carnival or other similar event.

Infringement Penalty: 6.5 Penalty Units

Maximum Penalty: 20 Penalty Units

The above sub clause does not apply where the Planning Scheme allows a circus or other similar event to be held subject to a planning permit being obtained.

In deciding whether to grant a permit under this sub-clause, Council or the Authorised Officer determining the application will consider:

1. the location of the land;
2. the suitability of the land for the event;
3. compliance with the document ‘A Good Neighbour Code of Practice for a Circus or Carnival’, as amended or replaced from time to time;
4. the duration of the event;
5. the proposed hours of operation for the event;
6. the availability of sanitary facilities for people staging and attending the event;
7. the likely damage to be caused to the road or Council land on which the event will be held;
8. the amenity of the area in which the event will be held and the likely impact on it;
9. the availability of parking in the area in which the event will be held;
10. the likely effects on traffic in the area in which the event will be held;
11. the impact of noise from the event; and
12. any other matter relevant to the circumstances of the application.

Animals

Keeping animals

An owner or occupier of property in a township area must not without a permit keep or allow to be kept:

1. more than four (4) different kinds of animals; or
2. any more in number for each kind of animal than as set out in the following table, on any one property at any one time:

Infringement Penalty: 1.5 Penalty Units

Maximum Penalty: 6 Penalty Units

The above sub clause does not apply where a:

1. planning permit has been obtained for land used for the purposes of animal boarding, breeding, or keeping; or
2. bird breeder’s licence has been issued pursuant to the requirements of the relevant authority. 

In deciding whether to grant a permit, Council or the Authorised Officer determining the application will consider: 

1. the zoning of the land;
2. the proximity of the land to adjoining properties;
3. the amenity of the area in which the land is located;
4. the type and number of animals to be kept on the land;
5. the likely effects of the animals being kept on adjoining owners;
6. the adequacy of animal shelters provided for the animals to be kept on the land; and
7. any other matter relevant to the circumstances of the application.

Animal housing

The owner or occupier of any land on which animals are kept must provide adequate housing for those animals, taking into consideration:

1. the type of animals being kept;
2. the height of, and protection offered by, the housing;
3. the number of animals being kept;
4. the ease with which the housing can be maintained in a sanitary and inoffensive condition;
5. the capacity of the housing to protect neighbours from noise from animals on the land; and
6. any other matters considered to be relevant.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

All animal housing must be maintained so that:

1. all manure and other waste is removed and/or treated as often as is necessary to ensure that it does not cause a nuisance or offensive condition;
2. all manure and other waste is stored in a fly and vermin proof receptacle until removed from the premises or otherwise disposed of;
3. the ground surrounding the housing is drained of any run-off generated from the housing;
4. all land within 3 metres of the housing is kept free from dry grass, weeds, refuse, rubbish and any material capable of harbouring vermin;
5. all food, grain or chaff is kept in vermin proof receptacles; and
6. the housing and the land within 3 metres of it is at all times in a clean and sanitary condition.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units 

Animal Excrement

A person in charge of an animal must not allow any part of the animal’s excrement to remain on any road or Council land  in a township area.

Infringement Penalty: 1 Penalty Unit

Maximum Penalty: 4 Penalty Units

A person in charge of an animal in a public place must immediately collect and then dispose of in a responsible manner the animal’s excrement.

Infringement Penalty: 1 Penalty Unit

Maximum Penalty: 4 Penalty Units

Poultry

In addition to complying with the requirements of the above clauses relating to the keeping and housing of animals, an occupier of land within a township area must not keep any poultry on the land unless the poultry have adequate shelter on the property, within a poultry house or similar structure approved by Council or an Authorised Officer which is:

1. of a height not exceeding two (2) metres;
2. of an area not exceeding ten (10) square metres;
3. at least ten (10) metres from any road to which the land has a frontage;
4. at least three (3) metres from any other road;
5. at least 1.2 metres from the boundary of any adjoining land; and
6. at least ten (10) metres from any dwelling, whether on the land or any adjoining land.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

An occupier of land within a township area must not permit free ranging of poultry outside of their property boundary.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

An owner or occupier of land must not construct or allow to be constructed, reconstructed, or use any poultry house unless that poultry house:

1. has adequate roofing, drainage and a floor paved with impervious material; and
2. is constructed in such a manner as to be rat-proof.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

Keeping of beehives

An owner or occupier of a property must not keep or allow to be kept any beehive on that property unless the person keeping the bees is a registered beekeeper and keeps the bees and hives in accordance with the Apiary Code of Practice.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

Wasps nests to be removed

An owner or occupier of a property who is aware that there are English or European wasps’ nests on the property must cause them to be removed.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

Waste

Removing or interfering with refuse or recyclable material

A person must not remove or interfere with refuse or recyclable material left on a road, or at any other collection point.

Infringement Penalty: 1 Penalty Unit

Maximum Penalty: 4 Penalty Units

The above sub clause does not apply to a person authorised by Council to remove such materials or an employee of such person acting in the course of their employment, the person placing the materials for collection or an officer of Council acting in the course of their duties. 

Domestic waste

This clause applies to the occupier of every dwelling and any other property where Council provides a garbage, recycling and/or green waste collection service.

All domestic garbage, recycling and green waste must be placed in the approved bin provided by Council for the disposal of the relevant category of waste.

Only an approved bin is to be used for Council-provided waste collections.

All approved bins remain the property of Council.

A person must not place any waste, recyclables or green waste in an approved bin contrary to this Local Law.

The following material is prohibited from being placed in an approved bin:

1. slops, liquid waste or offensive material;
2. dirt, dust, or other matter from any vacuum cleaner, hair or other similar matter or moist refuse, unless it has been securely wrapped in paper or some other impermeable cover or container to prevent its escape;
3. ashes or other like matter unless they have been mixed with water to form a consistency of a stiff paste and securely wrapped in paper or some other impermeable cover or container to prevent their escape;
4. sharp objects unless they are properly contained or wrapped in such a way as to render them harmless;
5. used needles and syringes;
6. oil, paint, solvents or similar substances or any other substance which may damage the approved bin or reduce its strength or effectiveness;
7. disposable nappies unless they have been cleaned of solids and securely wrapped in impervious material prior to being placed in the bin;
8. trade wastes of any kind, including scrap metals;
9. soil and masonry; and 
10. industrial, chemical and any other wastes defined as “prescribed wastes” by the EPA.

Approved bins must be placed for collection in the manner required by this clause and as determined by Council from time to time.

Only approved bins are to be placed on a road or Council land  for collection by Council or its contractor.

An approved bin must not be placed on a road or Council land for collection:

1. in a township area, earlier than the day before the scheduled collection day; and
2. in all other areas, earlier than two (2) days before the scheduled collection day.

Once an approved bin has been emptied by Council or its contractor, the approved bin must be removed from the road or Council land:

1. in a township area, no later than the day after the scheduled collection day; and
2. in all other areas, no later than two (2) days after the scheduled collection day. 

The occupier of land which has been supplied with an approved bin must remove any waste which has spilled onto the road or Council land.

It is the responsibility of the occupier of land which has been supplied with an approved bin must:

1. ensure that the lid of the approved bin is able to be, and is kept, closed at all times; and
2. maintain the approved bin in a clean and tidy manner.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Council or an Authorised Officer may exempt a person or a class of persons from compliance with all or any part of this clause on such conditions as Council or the Authorised Officer determines.

Damage to, or loss of, mobile garbage, recyclable bin or green waste bin

The occupier of land which has been supplied with an approved bin must advise Council if a the approved bin develops defects, is damaged or is stolen or missing within 24 hours of the time at which the occupier knew, or ought to have known, of it occurring.

Where an approved bin is missing or stolen, the cost of a replacement must be borne by the occupier of the land from which it has gone missing or has been stolen.

Where an approved bin has been deliberately or wilfully damaged by the occupier of the land to which it was provided by Council, the cost of repairing or replacing the approved bin must be borne by the occupier.

Infringement Penalty: 1 Penalty Unit

Maximum Penalty: 4 Penalty Units

Council or an Authorised Officer may exempt a person or a class of persons from compliance with the above sub-clauses on such conditions as Council or the Authorised Officer determines.

Trade and Industrial waste, bulk waste containers, and portable toilets to be kept in a sanitary condition

An owner or occupier of land who arranges for the collection of waste, including trade waste, or for the placement of a trade waste  bin or a bulk waste container, including a portable toilet, must comply with this clause.

Trade waste bins and bulk waste containers used for the collection and storage of waste must:

1. be constructed of impervious material sufficient to prevent leakage, absorption or accumulation of any refuse or rubbish that may be deposited in it;
2. be water-tight and fly and vermin proof;
3. contain a removable drainage plug for the purpose of cleaning;
4. when used for the temporary storage of putrescible waste be fitted with a hand or foot operated roll top lid with rubber seals which must be continuously closed when not being accessed; and
5. when used for the temporary storage of general waste (not including putrescible waste), be fitted with a close-fitting lid with overlapping flanges which must be kept continuously closed when not being accessed.

Trade waste bins and bulk waste containers must be emptied regularly to avoid the contents becoming offensive.

The owner or occupier of land on which a trade waste bin or bulk waste container is kept must ensure that:

1. the trade waste bin or bulk waste container is stored and maintained in a clean, sanitary and inoffensive condition;
2. any footway, pavement or ground adjoining the area in which the trade waste bin or bulk waste container is stored is kept clean at all times;
3. the surface upon which the trade waste bin or bulk waste container is stored is impervious, graded and drained to the sewer or an approved outlet with such silt traps or other treatment devices;
4. the site on which the trade waste bin or bulk waste container is stored is supplied with a tap connection and hose of a size capable of keeping the site clean at all times;
5. the area in which the trade waste bin or bulk waste container is stored is screened from public view;
6. the trade waste bin or bulk waste container cannot be accessed by the public;
7. the trade waste bin or bulk waste container is cleaned thoroughly after each emptying; and
8. the trade waste bin or bulk waste container is returned to the property boundaries as soon as practicable after being emptied and in any event no less than 24 hours after it is emptied.

Every trade waste bin and bulk waste container must display a notice indicating the type of waste or material which is permitted to be deposited in it and stating that it is an offence to deposit any material contrary to the notice.

The owner or occupier of land placing a trade waste bin or a bulk waste container on the property must maintain the vehicular crossing so that it is safe to use and carries out the function for which it is was constructed.

Council or an Environmental Health Officer may issue directions for the placement, use and maintenance of trade waste bins and bulk waste containers from time to time, either generally or in a particular case.

A person must comply with any directions issued under the above sub clause regarding Council and Environmental Health Officers.

Infringement Penalty: 4 Penalty Units

Maximum Penalty: 16 Penalty Units

Transportation of waste

A person must not convey or cause to be conveyed in any vehicle on any road in the municipal district any manure, dead animal, animal remains, offal, bones, hides, skins, offensive matter, refuse, rubbish or other waste matter unless the vehicle is constructed, fitted, loaded and covered where necessary so that:

1. no leakage occurs or other material is dropped or deposited on any road or adjacent area from the vehicle; and
2. the possibility of escape of offensive odours is reduced.

Infringement Penalty: 4 Penalty Units

Maximum Penalty: 16 Penalty Units

Use of transfer station

Any person may dispose of waste or deposit recyclables at any transfer station within the municipal district operated by, or under the control of, Council, subject to this clause.

Any person using a transfer station within the municipal district operated by, or under the control of, Council must:

1. comply with the conditions; and
2. pay the applicable fees and charges, if any, determined by Council from time to time.

Council may refuse a person entry to a transfer station within the municipal district operated by, or under the control of, Council if that person fails to comply with the above sub clause.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

Depositing of waste at transfer stations

A person who uses a transfer station within the municipal district operated by, or under the control of, Council must deposit all waste, recyclables and green waste in accordance with the directions of the attendant and any signs at the transfer station.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

Dumping of ice chests, trunks or similar containers

A person must not place or leave or allow to remain a disused refrigerator, ice-chest, icebox, trunk, chest or any other similar article having a compartment which has a capacity of 0.04 cubic metres or more at any transfer station within the municipal district operated by, or under the control of, Council without first:

1. ensuring any CFC gases are removed by a licensed person; and
2. removing every door and lid; or
3. removing every lock, catch and hinge attached to a door or lid; or
4. otherwise rendering every door and lid incapable of being fastened.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Removal of material from transfer stations

A person must not without a permit remove material of any kind which has been deposited at a transfer station within the municipal district operated by, or under the control of, Council.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

In deciding whether to grant a permit, Council or the Authorised Officer determining the application will consider:

1. the nature of the material to be removed;
2. the recyclable value of the materials to Council; and
3. any other matter relevant to the circumstances associated with the application. 

Compliance with Public Signs

Comply with signs

A person must not without a permit do anything contrary to any sign erected by Council at any public place.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units

Consumption and Possession of Alcohol

Public places where alcohol beverages may not be consumed

A person must not without a permit at any time on any road:

1. consume an alcoholic beverage; or
2. have in their possession or control any alcoholic beverage other than in a sealed container.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

A licensee of licensed premises must not cause or permit liquor purchased at the licensed premises to be consumed on a road adjacent to the licensed premises, contrary to conditions noted in a licensed or permit granted by Council or the State Liquor Control Authority.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

The above sub clause does not apply if the licensee of the licensed premises is the holder of a permit for the consumption of liquor on a road granted under this Local Law.

Consumption and possession of alcohol on public reserves

A person must not without a permit on any reserve , or in any motor vehicle, on any reserve between 9pm and 7am:

1. consume any liquor; or
2. have in their possession or control any liquor other than liquor in a sealed container.

Infringement Penalty: 1 Penalty Unit

Maximum Penalty: 4 Penalty Units 

Exemptions

Council may grant a permit for the consumption of liquor or for the possession of liquor in unsealed containers in any municipal place.

In deciding whether to grant a permit, Council will consider:

1. the nature, duration and location for which the permit will operate;
2. the effect on the quiet enjoyment of people in proximity to the location for the permit;
3. the comments in any submissions received; and
4. any other matter relevant to the application.

Behaviour in Municipal Places and Reserves

Behaviour in municipal places

A person must not, in or on any municipal place:

1. behave in a manner which interferes with the quiet enjoyment by any person using the municipal place;
2. behave in a way which would be detrimental to the municipal place or any public asset on that municipal place;
3. cause or allow trees, plants or any other matter on that land they either own or they occupy to cause damage to or interfere with a municipal place;
4. hold a ticketed or public event without a permit or approval from the Victorian Gambling and Casino Control Commission (VGCCC);
5. obstruct, hinder or interfere with any member of Council staff in the performance of his or her duties; or
6. act contrary to any lawful direction of an Authorised Officer or member of Council staff including, without limitation, a direction to leave the municipal place whether or not a fee for admission to the municipal place has been paid.

A person must not without a permit, in or on any municipal place:

1. sell or offer for sale any goods or services;
2. erect, effect or place any advertisement; or
3. erect, operate or cause to be erected or operated any amusement.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units 

Prohibited behaviour in a municipal or public place

A person must not, in or on any municipal place or public place;

1. use language or behave in a manner which is indecent, offensive or abusive and which annoys, disturbs, interrupts, molests or obstructs any person’s enjoyment of a public place;
2. commit any nuisance;
3. act in a way which endangers any person;
4. use any volatile, explosive or flammable material;
5. damage, destroy, write on, interfere with, remove anything from or affix anything to any building, improvement or other structure of any kind unless lawfully permitted by the owner;
6. shoot, snare, molest, injure or in any way harm or interfere with any bird or animal;
7. use any life-saving or fire-fighting device unless during an emergency or otherwise with the approval of a person in charge of it or an Authorised Officer;
8. act contrary to any conditions of use which apply; or
9. deposit any litter, except in a receptacle provided for that purpose.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Activities prohibited in reserves

A person must not, in or on any reserve :

1. unless he or she is a player, official or attending to a player in a game or sport, enter upon or remain on any area set aside for the game or sport while the game or sport is being played;
2. climb, jump or get up on or over any wall, fence, gate, seat or other structure, except a structure designed for the purpose (such as children’s playground equipment);
3. throw any stones or missiles;
4. spit on or otherwise foul any path or structure, except a structure designed for the purpose (such as benches on a reserve);
5. use any children’s playground equipment other than for the purpose for which it was provided;
6. swim or paddle in, or dive or jump into, or otherwise enter any wetland, pond or fountain unless in an area designated by Council for the purpose;
7. throw, place or cause or allow to be thrown or placed any liquid, stone, stick, paper, dirt, rubbish or any other object, substance or thing into any wetland, lake, pond or fountain;
8. jump or dive from any bridge or other structure into any wetland, lake, pond, or fountain unless in an area designated by Council for the purpose;
9. play, engage in or practice any game or sport, whether or not in accordance with a permit issued under this Local Law, in a manner that is:
   1. dangerous to any other person in or on a reserve; or
   2. likely to interfere with the reasonable use and enjoyment of any other person in or on a reserve.

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

A person must not without a permit, in or on any reserve :

1. ride or drive a vehicle or horse except for –
   1. the parking of a vehicle in a parking area established by Council for that purpose;
   2. the wheeling of a bicycle, pram, baby or child carriage, wheelchair or children’s toy along a footpath;
   3. the riding of a bicycle in a manner that does not interfere with the use or enjoyment of a reserve by any other person;
   4. any member of Council staff (or other person authorised by Council for the purpose) acting in the course of their duties;
   5. the riding or driving of a vehicle or horse on a road or bicycle path in accordance with any applicable Acts or Regulations; or
   6. the riding of horses in a reserve or part of a reserve set aside by Council for the purpose;
2. destroy, damage or interfere with any flora or kill, injure or interfere with any fauna;
3. deliberately disturb, alter, move or remove soil or rocks;
4. use an amplifier or electronic device;
5. walk on any plot, bed, border or other area set aside for plants;
6. post bills or advertisements on any fence, gate, wall, seat or other structure;
7. fossick or use a metal detector;
8. light a fire or permit any fire to remain alight except in a barbeque provided by Council;
9. play, organise, practise or engage in any competitive sport or game;
10. camp or pitch, erect or occupy any camp, tent, caravan or temporary structure;
11. play or practise golf;
12. hold any circus, carnival or fair;
13. conduct or celebrate a wedding; or
14. organise, conduct or attend any rally, procession, demonstration or other public gathering. 

Infringement Penalty: 3 Penalty Units

Maximum Penalty: 12 Penalty Units

Municipal Buildings

Behaviour in municipal buildings

A person must not without a permit, in any municipal building :

1. conduct any function or event;
2. except an assistance dog, bring any animal, or allow any animal under their control to remain;
3. eat or drink except in an area designated by Council for the purpose;
4. bring any vehicle, toy vehicle or bicycle, unless it is a –
   1. pram or pusher being used by a child;
   2. wheelchair being used by a disabled person; or
   3. otherwise authorised by Council according to signs displayed;
5. bring any object, substance or liquid which may:
   1. be dangerous or injurious to health; or
   2. have the potential to foul, pollute or soil any part of the municipal building.

Infringement Penalty: 1 Penalty Unit

Maximum Penalty: 4 Penalty Units

An Authorised Officer may refuse a person access to a municipal building if:

1. the person appears to be intoxicated or under the influence of a drug;
2. except in the case of a person who is accompanied by an assistance dog, the person has with him or her an animal;
3. the person is carrying an object which could be used as a weapon (unless that person is a member of the Victoria Police or is a security guard engaged by Council);
4. the person is not decently attired; or
5. the person does not comply with Council’s health and safety requirements 

Municipal Swimming Pools

A person must not, at a municipal swimming pool:

1. enter or remain in a swimming pool unless a swimming pool is open and an attendant is present;
2. permit a child under the age of 10 years, who is under their care or control, to enter or remain in a swimming pool, unless under the direct supervision of a responsible adult;
3. roll or throw stones or any other articles into or on any part of a swimming pool, unless in the course of a game or activity approved by an Authorised Officer or swimming pool attendant;
4. interfere with or obstruct any person who is attempting to, or in the process of, rendering assistance to any person in distress or difficulty in a swimming pool;
5. enter or remain in a toddler’s swimming pool if over the age of five (5) years, unless that person is in charge of a child under the age of five (5) years;
6. spit, spout water, blow their nose, urinate or defecate in a swimming pool or perform any other act likely to result in discharges from the body entering a swimming pool;
7. use any substance or preparation which may discolour, or otherwise render unfit for use, any shower or swimming pool;
8. use soap other than in a shower;
9. foul, pollute or wilfully or improperly soil any part;
10. enter into a swimming pool with swimming or play equipment (such as. floatation devices, flippers, beach balls, bats and balls) unless approved by an Authorised Officer or swimming pool attendant;
11. enter or remain unless clad in a clean swimming costume that preserves public decency; or
12. refuse to follow the direction of an Authorised Officer or swimming pool attendant, including a direction to leave.

Infringement Penalty: 2 Penalty Units

Maximum Penalty: 8 Penalty Units