GREATER GEELONGCITY COUNCIL
GENERAL LOCAL LAW 2005
(Incorporating amendments made by General Local Law (Amendment) Local Law 2006
PART 1 PRELIMINARY...... 1
1.Title...... 1
2.What are the objectives of this Local Law?...... 1
3.What authorises this Local Law?...... 1
4.When does this Local Law commence?...... 1
5.When does this Local Law end?...... 1
6.To what part of the municipal district does this Local Law apply?...... 2
7.What does this Local Law replace?...... 2
8.Definitions...... 2
9.Notes in this Local Law...... 6
PART 2 USE OF COUNCIL LAND...... 7
10.What Council may do...... 7
11.What a person cannot do...... 7
12.Behaviour in Municipal Buildings...... 7
13.Access to Municipal Buildings...... 9
14.Access to Municipal Buildings...... 9
15.Access to Municipal Buildings...... 9
16.Access to Municipal Buildings...... 9
17.Access to MunicipalBuilding...... 9
18.Activities prohibited in Reserves...... 10
19.Activities which may be permitted in Reserves...... 11
PART 3 PROTECTION OF COUNCILLANDAND ASSETS...... 12
20.What are a persons responsibilities relating to drains...... 12
21.What are a persons responsibilities relating to drains...... 12
22.Interference with a Watercourse...... 12
23.Constructing vehicle crossings...... 12
24.Maintaining vehicle crossings...... 12
25.Directing vehicle crossing works...... 12
26.Asset protection...... 13
27.Asset protection...... 13
28.Asset protection...... 13
29.Asset protection...... 13
30.Asset protection...... 14
31.Controlling Building Work...... 14
32.Controlling Building Work...... 14
33.Controlling Building Work...... 15
34.Controlling Building Work...... 15
35.Controlling Building Work...... 15
36.Controlling Building Work...... 15
37.Controlling Building Work...... 15
38.Controlling Building Work...... 15
39.Controlling Building Sites...... 15
40.Controlling Building Sites...... 15
41.Controlling Building Sites...... 16
42.Controlling Building Sites...... 16
43.Controlling Building Sites...... 16
44.Controlling Building Sites...... 16
45.Controlling Building Sites...... 17
46.Controlling Building Sites...... 17
47.Controlling Building Sites...... 17
48.Controlling Building Sites...... 17
49.Controlling Building Sites...... 17
50.Works on Council land and roads...... 18
51Damaging Council land or roads...... 18
52.Damaging Council land or roads...... 19
53.Recreational vehicles on Council land and public places...... 19
PART 4 MUNICIPAL AMENITY...... 20
54.Unsightly land...... 20
55.Prohibition on Graffiti...... 20
56.Camping...... 20
56A.Camping...... 20
57.Camping...... 20
58.Camping...... 21
59.Exemption...... 21
60.Vegetation and other objects...... 21
61.Overhanging vegetation...... 22
62.Vegetation on road itself...... 22
63.Numbering of allotments...... 22
64.Numbering of allotments...... 22
65.Numbering of allotments...... 22
66.Noise and alarms...... 23
67.Noise and alarms...... 23
67ANoise and alarms...... 23
68.Fire hazards...... 23
69.Fire in open air and incinerators specifically...... 23
70.Fire in open air and incinerators specifically...... 24
71.Fire danger days...... 24
72.Nuisances...... 24
73.Nuisances...... 24
74.Extinguishing fires...... 25
75.Extinguishing fires...... 25
76.Permissible burning...... 25
77.Discharging into air...... 25
78.Building work...... 26
79.Dilapidated buildings...... 26
80.Recreational vehicles on private land...... 26
81.Heavy vehicles in residential areas...... 26
82.Shopping trolleys...... 27
83.Shopping trolleys...... 27
83A.Aerosol Spray Paint Containers...... 27
83B.Aerosol Spray Paint Containers...... 27
83C.Aerosol Spray Paint Containers...... 27
PART 5 ROADS ANDCOUNCILLAND: OBSTRUCTIONS AND BEHAVIOUR29
84.Dog excrement...... 29
85.Signs and goods...... 29
86.Signs and goods...... 29
87.Signs and goods...... 29
88.Obstructions on roads or Council land...... 30
89.Obstructions on roads or Council land...... 30
90.Obstructions on roads or Council land...... 30
91.Spoil on roads...... 30
92.Spoil on roads...... 30
93.Occupation of roads for works...... 31
94.Occupation of roads for works...... 31
95.Repair and display for sale of vehicles...... 31
96.Abandoned vehicles...... 31
97.Consumption of Alcohol generally...... 32
98.Consumption of Alcohol exemptions...... 32
99.Functions and broadcasts...... 32
99A.Anti-Social Behaviour...... 32
PART 5A NOISE GENERALLY33
99B.Sound Systems and Motor Vehicles...... 33
99C.Sound Systems and Motor Vehicles...... 33
99D.Sound Systems and Motor Vehicles...... 33
99E.Sound Systems and Motor Vehicles...... 33
99F.Sound Systems and Motor Vehicles...... 33
99G.Sound Systems and Motor Vehicles...... 33
99H.Sound Systems and Motor Vehicles...... 33
99I.Sound Systems and Motor Vehicles...... 33
99J.Sound Systems and Motor Vehicles...... 34
99K.Sound Systems and Motor Vehicles...... 34
PART 6 SALE OF GOODS AND SERVICES, STREET COLLECTIONS ANDDISTRIBUTIONS 35
100.Selling goods and services generally...... 35
101.Selling goods and services generally...... 35
102.Outdoor eating facilities...... 35
103.Street collection...... 35
104.Street collection...... 35
105.Unsolicited material...... 36
106.Unsolicited material...... 36
107.Busking...... 36
108.Spruiking...... 36
109.Pavement art...... 36
PART 7 KEEPING OF ANIMALS, BIRDS, REPTILES AND BEES...... 37
110.Application of this part...... 37
111.Keeping of Animals, Birds, Reptiles and Bees generally...... 37
112.Counting the number of Animals...... 39
113.Counting the number of Animals...... 39
114.Housing of Animals...... 39
115.Housing of Animals...... 39
116.Noise and smell for Animals, Birds, Pigeons, Reptiles and Bees...... 39
117.Livestock...... 39
118.Livestock...... 40
119.Livestock...... 40
PART 8 WASTE MANAGEMENT...... 41
120.Garbage, recyclables and green waste...... 41
121.Hard waste...... 42
122.Disposal of disused refrigerators and other compartments...... 42
123.Restriction on use of public waste bins...... 43
124.Interference with garbage, recyclables, green waste or hard waste...... 43
125.Screening of bins and hoppers...... 43
126.Screening of bins and hoppers...... 43
127.Depositing of waste at Municipal landfill sites, recycling and waste transfer facilities
and resource recovery centres...... 44
128.Depositing of waste at Municipal landfill sites, recycling and waste transfer facilities
and resource recovery centres...... 44
129.Depositing of waste at Municipal landfill sites, recycling and waste transfer facilities
and resource recovery centres...... 44
130.Depositing of waste at Municipal landfill sites, recycling and waste transfer facilities
and resource recovery centres...... 44
131.Depositing of waste at Municipal landfill sites, recycling and waste transfer facilities
and resource recovery centres...... 44
132.Storage of Trade Waste...... 45
133.Storage site for Trade Waste...... 45
134.Waste receptacles on Roads and Reserves...... 45
PART 9 ADMINISTRATION AND ENFORCEMENT...... 46
135.Impounding...... 46
136.Impounding...... 46
137.Impounding...... 46
138.Impounding...... 46
139.Impounding...... 46
140.Notices to Comply...... 46
141.Notices to Comply...... 47
142.Notices to Comply...... 47
143.Notices to Comply...... 47
144.Notices to Comply...... 47
145.Permits...... 47
146.Permits...... 47
147.Permits...... 47
148.Permits...... 47
149.Permits...... 47
150.Permits...... 47
151.Permits...... 47
152.Permits...... 48
153.Permits...... 48
154.Permits...... 48
155.Considering Applications...... 48
156.Correction of Permits...... 48
157.Correction of Permits...... 48
158.Grounds for cancellation of or amendment of permits...... 48
159.Grounds for cancellation of or amendment of permits...... 48
160.Grounds for cancellation of or amendment of permits...... 49
161.Urgent circumstances...... 49
161A.Obeying Signs...... 49
161B.Complying with Directions...... 49
161C.Complying with Directions...... 49
162.Offences...... 50
163.Infringement Notices...... 50
164.Infringement Notices...... 50
165.Infringement Notices...... 50
166.Infringement Notices...... 50
167.Infringement Notices...... 50
168.Infringement Notices...... 50
169.Infringement Notices...... 50
170.Infringement Notices...... 50
171.Withdrawing a Notice...... 51
172.Withdrawing a Notice...... 51
173.Withdrawing a Notice...... 51
174.Withdrawing a Notice...... 51
175.Failure to comply with a Notice...... 51
176.Requirement to act fairly and reasonably...... 51
177.Requirement to act fairly and reasonably...... 51
178.Review Rights...... 51
179.Review Rights...... 51
Schedule...... 52
GREATER GEELONGCITY COUNCIL
GENERAL LOCAL LAW 2005
PART 1
PRELIMINARY
Title
1.This Local Law is called the "General Local Law 2005".
What are the objectives of this Local Law?
2.The objectives of this Local Law are to:
2.1provide for the peace, order and good government of the municipal district;
2.2promote a physical and social environment free from hazards to health, in which the residents of the municipal district can enjoy a quality of life that meets the general expectations of the community; and
2.3prevent and suppress nuisances which may adversely affect the enjoyment of life within the municipal district or the health, safety and welfare of persons within the municipal district,
and to achieve these objectives by:
2.4regulating and controlling activities of people within the municipal district which may be dangerous, unsafe or detrimental to the quality of life of other people in, or the environment of, the municipal district; and
2.5providing standards and conditions for specified activities to protect the safety and the welfare of people within, and the environment of, the municipal district.
What authorises this Local Law?
3.This Local Law is made under section 111 of the Act.
When does this Local Law commence?
4.This Local Law commences on 01 March 2005.
When does this Local Law end?
5.This Local Law ends on 28 February 2015.
To what part of the municipal district does this Local Law apply?
6.This Local Law applies throughout the whole of the municipal district.
What does this Local Law replace?
7.From the commencement of this Local Law, the following Local Laws previously made by Council are revoked:
7.1Streets and Roads Local Law No. 3;
7.2Environment Local Law No. 4;
7.3Parking (Schemes and Equipment) Local Law No. 7;
7.4Liquor Consumption and Behaviour in Public Places Local Law No. 10; and
7.5Waste Management Local Law No. 14.
Definitions
8.The words identified in italics throughout this Local Law are intended to have the following meanings:
"accessible to the public" means accessible to any member of the public without assistance from a person described in clause 83B or an employee or agent of such person.
"Act" means the Local Government Act 1989.
"advertising sign" means any placard, board, sign, frame, notice, card, or banner which:
- provides information about a business or industry; or
- advertises goods, services, an event or a competition.
"alcohol" means a beverage intended for human consumption with an alcoholic content greater than 0.5 per centum by volume at a temperature of 20 degrees celsius.
"allotment" means any land in separate ownership or occupation.
"animal" includes any mammal.
"appointed agent" means the person authorised in writing by an owner of land to make an application, appeal, referral or representation on the owner's behalf.
"Asset Protection Permit" means a written permit issued by Council for the protection of public assets and infrastructure (including the stormwater system) during building work.
"authorised officer" means a person appointed by Council to be an authorised officer under section 224 of the Act.
"bird" excludes pigeons except when used in clause 18.5 and 18.6.
"builder" means a person who carries out building work or, not being an owner of land on which the building work is carried out, manages or arranges the carrying out of building work.
"builder's refuse" includes any solid or liquid domestic or commercial waste, debris or rubbish, and, without limiting the generality, includes any glass, metal, plastic paper, fabric, wood, food, vegetation, soil, sand, concrete, rocks and other waste material, substance or thing generated by or in connection with building work.
"bulk rubbish container" means a bin, skip or other container used for the deposit of waste which is incapable of being lifted without mechanical assistance, but excludes a binused in connection with Council's waste collection services.
"building site" means the parcel of land on which or part of which building work is being carried out;
"building work" means work for or in connection with the construction, renovation, alteration, demolition, relocation or removal of a building, including excavation, landscaping, concreting, and subdivision road construction but excludes minor building work.
"camp", in relation to clause 56A, means occupy or use for accommodation purposes but excludes taking a nap with the intention of thereafter resuming travelling immediately.
"caravan" includes a mobile home and moveable dwelling.
"carriageway" means the portion of the road generally available for traffic by motorvehicles, whether sealed, formed or unconstructed.
"charity bin" means any bin placed by or on behalf of any charitable or non-profit organization and dedicated to the collection of used clothing or small household items.
"Commercial Area" means an area zoned business or industrial under an applicable Planning Scheme.
"contaminated material"means any material designated by Council as being incapable of deposit in a Council-provided mobile bin or other Council-provided bin or any class of such mobile or other bins.
"construction period" means the period during which building work is being carried on.
"Council" means Greater Geelong City Council.
"Council land" means any land vested in or under the control of Council, including a reserve, watercourse, jetty, reservation and the like, but excludes a road, except that part of the road which is the naturestrip and footpath.
"dwelling" means a building or portion of a building, which is used, or intended, adapted or designed, for residential purposes.
"environmental weed" means a weed listed in Table 3 to clause 21.14 of the Greater Geelong Planning Scheme;
"EPA Alert Day" means a day declared either totally or partially by the Environment Protection Authority as an Alert Day.
"Fire Danger Period" means the period declared by the Country Fire Authority to be a fire danger period under the Country Fire Authority Act 1958.
"frontage" means a boundary between an allotment and an adjoining road, and if an allotment adjoins more than one (1) road, the frontage is the boundary between the allotment and the road to which the largest building on the allotment fronts.
"graffiti" means any writing, drawing or like marking which has not been authorised by the owner or occupier of the land or Council.
"green waste" means all types of organic waste produced or accumulated in or on any land, which Council designates to be green waste for the purposes of this Local Law and which are published by Council in a newspaper generally circulating in the municipal district.
"incinerator" means any structure, device or item of equipment which is designed, adapted, used or capable of being used for the burning of any material or substance and is not:
- enclosed in any building;
- a barbeque; or
- licensed under the provisions of the Environment Protection Act 1970.
"livestock" includes poultry and other birds.
"local water authority" means Barwon Region Water Authority or its successor in law.
"minor building work" means building work valued at less than $5,000 but excludes the construction of any masonry structure and the demolition and removal of buildings and structures (regardless of value).
"motor vehicle"has the meaning ascribed to it by the Road Safety Act 1986.
"municipal district" means the municipal district of Council.
"MunicipalBuilding" means any building which is owned, occupied or under the management or control of Council, and includes any recreation centre which is owned, occupied or under the management or control of Council.
"Notice to Comply" means a notice served under clause 140.
"offensive noise" means any noise that, by reason of its level, nature, character or quality, or the time at which it is emitted or any other circumstance:
- is harmful to, or is likely to be harmful to, a person who is outside the motor vehicle from which it is emitted; or
- interferes unreasonably with, or is likely to interfere unreasonably with, the comfort of a person who is outside the motor vehicle from which it is emitted.
"outdoor eating facility" means any tables or chairs located out of doors at which food or drink may be served or consumed in connection with premises situated nearby.
"poultry" includes hens, ducks, geese, peacocks, turkeys, bantam, squab, guinea fowls and other edible birds over the age of 12 weeks but excludes roosters;
"private land" means any land which is not Council land nor land occupied or under the control or management of a public body.
"procession"includes a fun run and bicycle event.
"public holiday" means a public holiday within the meaning of the Public Holidays Act 1993, applying in the municipal district.
"public place" has the meaning ascribed to it by the Summary Offences Act 1966.
"racing pigeon"means any pigeon kept by its owner for the purpose of racing if that owner is a member of a club or association:
established for the racing of pigeons; or
which is affiliated with an organisation established for the racing of pigeons.
"recreational vehicle" means any mini-bike, trail-bike, motor bike, motor scooter, go-kart, monkey bike or other vehicle propelled by a motor which is ordinarily used for recreational purposes but excludes a motorised wheelchair or scooter designed to transport a person of limited mobility, and a motorised bicycle with a maximum capacity of 22 watt aggregate power.
"recyclables" means any substances or articles which Council designates to be recyclables for the purposes of this Local Law and which are published by Council in a newspaper generally circulating in the municipal district.
"refuse facility" means a receptacle capable of retaining all builder's refuse within a building site and preventing removal of the builder's refuse by unauthorised persons or by wind or rain.
"reptile" includes lizards, snakes and turtles.
"Residential Area" means an area zoned as residential or predominantly residential under an applicable Planning Scheme.
"reserve" means any land which is owned, occupied or managed or controlled by Council and dedicated or used for outdoor cultural, environmental, sporting or recreational purposes.
"road" has the meaning ascribed to it by section 3 of the Act.
"sell" includes
sell by means of any machine or mechanical device;
barter or exchange;
agree to sell;
offer or expose for sale; or
keep or have in possession for sale –
and directing, causing or attempting any of such acts or things.
"Service Authority" means an emergency service or a public body which Council has resolved is a Service Authority for the purposes of this Local Law.
"sound system" means a system capable of producing low frequency noise levels, and includes a car stereo or radio system.
"stormwater system" means a drainage system which provides for the conveyance of stormwater run-off including kerb and channel, open channels, underground pipe systems, constructed wetlands and natural waterways.
"Total Fire Ban Day" means a day declared either totally or partially to be a fire ban day by the Country Fire Authority under the Country Fire Authority Act 1958.
"toy vehicle" means:
- a child's pedal car, scooter or tricycle or similar toy, but only when it is being used by a child who is under the age of 12 years; and
- a wheeled device built to transport a person, propelled by human power or gravity and ordinarily used for recreation or play, including rollerblades, rollerskates, a skateboard or any similar wheeled device but excluding a golf buggy, pram, stroller, bicycle or wheelchair.
"trade waste" means any waste, refuse, slops or other matter arising from or generated by any trade, industry or commercial undertaking.
"trade waste hopper" means a purpose-built receptacle for the deposit of trade waste that is ordinarily emptied by mechanical means.
"vehicle" includes any conveyance propelled or drawn by human, animal, mechanical, electrical or other power.
Notes in this Local Law
9.Introductions to Parts, headings and notes are explanatory notes and do not form part of this Local Law. They are provided to assist understanding.
PART 2
USE OF COUNCILLAND
Introduction: This Part contains provisions that define what is and what is not permitted on Council land. Generally, the provisions apply to what are known as Municipal Buildings. Specific provisions then extend to reserves.
What Council may do
10.Council may:
10.1restrict access to a MunicipalBuilding or part of it;