City of Greater Geelong
NEIGHBOURHOOD AMENITY LOCAL LAW 2014
August 2014
City of Greater Geelong’s Local Law Procedure Manual, as determined by Council from time to time, is incorporated by reference into this Neighbourhood Amenity Local Law 2014.
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Draft –18 August 2014
This Local Law is still in draft stage. It is yet to be sent out on Section 223 Exhibition.
Final making of this Local law is not expected prior to December 2014.
This document is a re-structure of previousGeneral Local Law 2005.
The new structure can be seen in the Table below.
Neighbourhood Amenity Local Law 2014
DRAFT –18 August 2014
PREAMBLE
City of Greater Geelong’sLocal Law is designed to secure community safety, protect public assets and enhance neighbourhood amenity. The Local Law embraces best practice local law making by embodying the principles of accessibility, accountability, compliance, consistency, currency, efficiency, enforceability, necessity and transparency. The Local Lawis also consistent with the principles of justice and fairness. Extensive community consultation has been undertaken in the preparation of this Local Law.
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CITY OF GREATER GEELONG
Neighbourhood Amenity Local Law 2014
Table of Contents
TABLE OF CONTENTS
Neighbourhood Amenity Local Law 2014
Page No.
PART 1 – PRELIMINARY, OBJECTIVES AND DEFINITIONS...... 6
1Title…...... 6
2.Objectives of this Local Law...... 6
3.Authorising Provisions...... 6
4.Commencement...... 6
5.Date this Local Law Ceases Operation...... 7
6.Revocation of Other Local Laws...... 7
7.Scope of this Local Law...... 7
8.How to Read this Local Law, Guidelines and Incorporated Documents 7
9.Definitions...... 8
PART 2 – YOUR PROPERTY, ANIMALS AND WASTE COLLECTION....22
Your Property...... 22
10.Unsightly Land...... 22
11.Dangerous Land...... 22
12. Unauthorised Occupation of Council Land...... 22
13. Dilapidated Buildings...... 23
14.Fire Hazards...... 24
15.Burning Materials...... 24
16.Offensive Emissions Entering Neighbouring Properties...... 25
17.Fireworks...... 26
18.Camping on any Land Other than Council Land ...... 26
19.Shipping Containers...... 27
20. Installed Intruder Alarms...... 27
21.Address Numbers...... 28
22.Trees, Plants,Signs and Structures Not to Obstruct or Obscure...28
Your Animals...... 29
23.Keeping Animals...... 29
Table of Animal Types and Numbers...... 29
24.Animal Accommodation...... 30
25Noise and Smell from Animals, Birds, Pigeons, Reptiles and Bees.31
26.Animal Excrement...... 31
27.Adequate Fencing...... 31
28.Individual Animal Plan...... 32
Your Waste Collection ...... 33
29.Waste, Recyclables and Green Waste Collection...... 33
30. Hard Waste...... 34
31.Interference with Waste, Recyclables, Green Waste or Hard Waste.35
PART 3 –VEHICLES, ACTIVITIES ONROADS AND STOCK MOVEMENTS 36
32.Motor Bikes and Motorised Recreational Vehicles...... 36
33.Vehicle Sound Systems...... 37
34.Repair and Display for Sale of Vehicles on Roads...... 38
35.Abandoned Vehicles...... 38
36.Heavy and Long Vehicles – Storing...... 38
37.Transporting Offensive Waste on Roads...... 39
38.Waste Receptacles on Roads and Other Council Land...... 39
39.Public Waste Bins...... 40
40.Shopping Trolleys...... 40
41.Festivals, Processions and Public Address Systems on Roads....41
42.Livestock on Roads...... 41
PART 4 – BUSINESS AND BUILDERS...... 42
Business...... 42
43.Displaying Goods for Sale on a Road or Council Land...... 42
44.Roadside Trading...... 42
45.Spruiking, Busking and Pavement Art...... 43
46.Erecting or Placing of Advertising Signs...... 44
47.Use of Council Land for Outdoor Eating Facilities...... 44
48.Removing the Outdoor Eating Facility...... 45
49.Sale and Consumption of Liquor on Roads Adjoining Licensed Premises 45
50.Collections...... 46
Builders48
51.Asset Protection – Drainage Tapping...... 48
52.Asset Protection – Occupying or Opening a Road...... 48
53.Asset Protection – Building Work...... 49
54. Asset Protection – Building Work - Power of Entry...... 51
55. Building Work – Fencing, Run-Off, Refuse, Emissions...... 51
56. Building Work – Access, Storage and Hours of Work...... 52
57.Vehicle Crossings - Constructing...... 53
58.Vehicle Crossing - Maintaining...... 53
59.Vehicle Crossings – Power to Direct Works...... 53
PART 5 –ALCOHOLAND SMOKING...... 54
60.Possession and Consumption of Liquor on Roads...... 54
61.Possession and Consumption of Liquor After Sunset
in Municipal Places Other than Roads...... 54
62.Exemptions...... 55
63.Alcohol Free Areas...... 55
64.Glass Containers...... 55
65.Smoke Free Areas in Municipal Places...... 56
PART 6 – MUNICIPAL PLACES, RESERVES,LANDFILL SITESANDBUILDINGS 57
Municipal Places...... 57
66.Council’s Power in Municipal Places...... 57
67.Behaviour in Municipal Places –Prohibitions...... 58
68.Damaging orDefacing a Municipal Place...... 58
69.Interference with a Water Course etc...... 59
70.Obstructions on Council Land...... 59
Reserves...... 61
71.Behaviour in Municipal Reserves–Prohibitions...... 61
72.Use of Municipal Reserves –Permit Application...... 62
73.Use of Municipal Reserves – Permitted Uses...... 62
74.Access to Municipal Reserves...... 64
75.Events...... 65
76.Camping on Council Land...... 65
77.Parking on Municipal Reserves...... 66
78.Use of Wheeled Non-Motorised Recreational Devices ...... 66
79.Impounding of Wheeled Non-Motorised Recreational Devices
and Wheeled Child’s Toys...... 67
Landfill Sites...... 68
80.Depositing at Council Landfill Sites...... 68
81. Scavenging at Council Landfill Sites...... 68
Council Buildings...... 69
82.Behaviour in Municipal Buildings...... 69
83.Entry to Municipal Buildings...... 71
84.Notification of Prohibition from Entry to Municipal Buildings...... 71
85.Availability and Hire...... 72
PART 7 – ADMINISTRATION, PERMITS, APPEALS, FEES AND PENALTIES 73
Administration...... 73
86.Exercise of Discretions...... 73
87.Register of Determinations...... 73
88.Power to Obtain Necessary and Additional Information...... 74
89.Power to Direct – Notice to Comply...... 74
90.Power to Direct – In Person...... 74
91.Power to Act - Urgent Circumstances...... 74
92.Power to Impound...... 75
93.Delegation...... 75
Permits76
94.Permits...... 76
95.Record of Permits...... 77
96.Exemption from Permit or Permit Fee...... 78
Appeals78
97.Appeals – Matters Other than Infringement Notices...... 78
98.Appeals - Local Law Infringement Notices...... 79
Fees and Penalties...... 80
99.Setting Fees and Charges...... 80
100.Differential or Structured Fees and Charges...... 80
101.Waiver or Alteration to Fees and Charges...... 81
102.Offences...... 81
103.Penalties...... 81
SCHEDULE 1 –INFRINGEMENT NOTICE PENALTIES...... 82
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CITY OF GREATER GEELONG
Neighbourhood Amenity Local Law 2014
Part 1 – Preliminary, Objectives and Definitions
PART 1 –PRELIMINARY, OBJECTIVES and DEFINITIONS
1.TITLE
This Local Law is the called Neighbourhood Amenity Local Law 2014and is referred to below as 'this Local Law'.
2.OBJECTIVES OF THIS LOCAL LAW
The objectives of this Local Law are to:
(1)secure community safety;
(2)protect public assets;
(3)enhance neighbourhood amenity;
(4)embrace best practice local law making principles of accessibility, accountability, compliance, consistency, currency, efficiency, enforceability, necessity and transparency;
(5)be consistent with the Council’s overall objectives and strategies, in particular:
(a)to enhance health, wellbeing and quality of life of Greater Geelong communities, through healthy lifestyles, healthy environments, and connected, creative and strong communities;
(b)securing Greater Geelong's economic future by supporting businesses, facilitating major infrastructure and investment and encouraging a vibrant leading city for tourism, arts, culture and events;
(c)Partnering with our community to protect and enhance our natural ecosystems and to encourage sustainable design and reduced resource consumption by protecting natural areas, supporting our community to live sustainably
(d)cost effective services that meet the changing needs of the community through an efficient and customer focused organisation, sustainable financial management, an informed and engaged community and a safe work environment
(6)provide for the administration of the Council’s powers and functions; and
(7)revoke redundant General Local Law of 2005 No.1 of 2005.
3.AUTHORISING PROVISIONS
The Council’s authority to make this Local Law is contained in section 111 of the Local Government Act 1989 and section 42 of the Domestic Animals Act 1994 and Clause 52.27 and 62.01 of the Planning Scheme.
4.COMMENCEMENT
This Local Law operates from the day following its making.
5.DATE THIS LOCAL LAW CEASES OPERATION
Unless this Local Law is revoked sooner, its operation will cease on the tenth anniversary of its making.
6.REVOCATION OF OTHER LOCAL LAWS
The following Local Laws of the Council are revoked:
General Local Law of 2005.
7.SCOPE OF THIS LOCAL LAW
(1)This Local Law applies to the whole of the Municipal District, except where it is apparent from its wording that a Clause or provision applies to a specific area.
(2)Where this Local Law applies to a Road, it applies to all parts of the Road.
(3)The provisions of this Local Law apply to the extent that they are not inconsistent with any Act or Regulation applicable to the Council or its Municipal District.
(4)Where this Local Law prohibits any act, matter or thing or provides that such act, matter or thing can only be done or exist with a Permit, that prohibition or provision will not apply if the act, matter or thing can be done or can exist by reason of an express permission in the Planning Scheme.
(5)References to any land in this Local Law include buildings and other structures permanently affixed to the land and any land covered with water and any structures over any water affixed to the land or to the land covered with water.
8.HOW TO READ THIS LOCAL LAW, GUIDELINES AND INCORPORATED DOCUMENTS
Parts 1 to7 of this Local Law set out provisions for meeting the objectives of this Local Law, organised in a community focussed, user-friendly structure.Part 1 and Part 7 focus on matters generally described aspreliminary and administrative, including objectives, scope, definitions, powers, permits, appeals, fees and penalties. Part 2 is a collection of laws as they apply to an individual’s home and property extending to any animals and waste collection. Part 3 deals with laws about vehicles and activities which occur on streets and roads including stock movements. Part 4 is a collection of laws related particularly to business activities and to building and construction. Part 5 deals with Alcohol consumption and Smoking. Part 6 contains those laws concerned with Municipal Places, Council reserves, landfill sites and buildings. These laws include prohibited behaviours and permitted activities in these places. Schedule 1sets out a summary of maximum penalties and Infringement Notice penalties.
Incorporated by reference in this Local Law is the Local Law Procedure Manual, as determined by Council from time to time, which sets out the Discretion Guidelines to which the Council and its staff must have regard to in exercising discretions under this Local Law. It also includes certain Council policies and StandardPermit Conditions applicable to all Local Law Permits issued under this Local Law,as well asa number of standard Forms referred to in this Local Law.
Reference is also made throughout this Local Law to the following Acts, Regulations, Rules and other documents, as amended from time to time, but these documents are not incorporated by reference in this Local Law:
(1)Australian Standard AS 2201.1-1998 Intruder Alarms
(2)Building Act 1993;
(3)Country Fire Authority Act 1958;
(4)Crown Land (Reserves) Act 1978;
(5)Environment Protection Act 1970;
(6)Infringements Act 2006;
(7)Liquor Control Reform Act 1998;
(8)Local Government Act 1989;
(9)Monetary Units Act 2004;
(10)Planning and Environment Act 1987;
(11)Public Health and Wellbeing Act 2008;
(12)Road Management Act 2004;
(13)Road Safety Act 1986;
(14)Road Safety Road Rules 2009;
(15)Sentencing Act1991;
(16)Victorian Government Gazette.
If a provision of any document incorporated by reference, or referred to, in this Local Law is inconsistent with any provision in this Local Law (excluding State and Commonwealth Legislation and the Regulations made under that Legislation and any relevant Planning Scheme), the provision in this Local Law prevails.
9.DEFINITIONS
In this Local Law, unless the context or subjectmatter indicates otherwise,definitions are as in the Local Government Act 1989 indicated by the words ‘as in the Act’. Other words and phrases have the respective meanings assigned:
WORDS AND PHRASES / MEANING OR EXTENDED MEANINGAct / Means the Local Government Act 1989.
Advertising Sign / Means any board, notice, structure, banner, flag or other similar device,with or without words, symbols or recognisable graphics, used for the purpose of soliciting sales or promotinga brand or person or notifying people of an adjacent property, organisation, business, or event or directing people to a place, whether real, internet-based or electronic, where goods and/or services may be obtained.
Abandoned Vehicle / Means a Vehicle left on Council Land where the registered owner cannot be ascertained by an Authorised Officer or Delegated Officer and which, in the opinion of thatOfficer, has been abandoned.
Alcohol / See ‘Liquor’.
Alcohol Free Area / Means an area of, or in, any Municipal Place, which has been declared by the Council as an “alcohol free” area and has appropriate signage erected and maintained.
Allotment / Means any land in separate ownership or occupation.
Animal / Excludes a Person but includes,although is not limited to, any of the species or groups listed in the first column of the Table of Animal Numbers and Typesin Clause 23Keeping Animals,and includes Livestock, reptiles, insects and any other living animal tame or wild kept by a person.
Appeals Officer / Means an officer of the Council that is appointed to the role of Appeals Officer or internal ombudsman by the Chief Executive Officer.
Applicant / Means a Person who applies for a Permit under this Local Law.
Appropriate Fee / Means the fee determined by the Council in accordance with Clause 99 of this Local Law.
Asset Protection Permit / Means a Permit referred to in Clauses51, 52, 53, 56 and 57 of this Local Law.
Authorised Officer / Means an Authorised Officer appointed under section 224 of the Act.
Barbeque / Means a device used for the cooking of food outdoors whether constructed or manufactured and whether powered by gas, electricity, liquid or solid fuel, or any combination of them and includes a device for spit roasting when used outdoors.
Building Site / Means the entire area of any Building Work secured with permanent or temporary fence, but also includes sites of excavation, landscaping and concreting.
Building Work / Means works for or in connection with the construction, alteration, demolition or removal of a building in respect of which a building permit is required under the Building Act 1993.
Built Up Area / Means, in relation to a length of Road, an area in which either or both of the following are present for a distance of at least 500 metres or, if the length ofRoad is shorter than 500 metres, for the whole of the Road:
(a) buildings, not over 100 metres apart, on land nextto the Road; or
(b) street lights not over 100 metres apart.
(As in the Road Safety Road Rules 2009).
Bulk Waste Container / Means a skip, bin, container,mobile storage unit,charity collection bin or other structure designed or used for holding a substantial quantity of rubbish or storage and which is unlikely to be lifted without mechanical assistance but excludes a container used in connection with the Council’s kerbsideWaste, Recyclables and Green Wastecollection services.
Busk, Busking / Means to perform to the public, whether by acting, juggling, dancing, singing, mime, statue, drawing, playing a musical instrument or otherwise entertaining passers-by, with or without collecting money.
Campervan / Means any Campervan, mobile home or similar vehicle,which includes sleeping and/or living facilities, whether manufactured to luxury standard or privately converted from a standard vehicle and includes a caravan, camper trailer and other similar towed living/sleeping trailer facility.
Camping, (to Camp) / Means the occupation or use of a tent, makeshift structure, caravan, campervan, mobile home or any other vehicle (including under the vehicle) for sleeping all or part of a night or as temporary accommodation. Does not include brief ‘power napping’ in a vehicle beside a highwayfor one hour or less.
Camping Area / Means any land within the Municipal District that has been declared by the Council or other public authority to be a ‘Camping Area’ for the purposes of this Local Law.
Chief Executive Officer / Means the person appointed by the Council to be its Chief Executive Officer or any person acting in that position (as in the Act).
Clause / Means a Clause of this Local Law and Sub-clause has a corresponding meaning.
Contaminated Material / Means any material designated by Council as unacceptable for deposit in a Council-provided mobile bin or other Council-provided bin or class of such mobile or other bins and publicised by printed matter or on Council’s website.
Council / Means the City of Greater Geelong Council.
Council Land / Means any land owned, or vested in, or under the control or management of the Council including, but not limited to, a Road, Municipal Reserve or other reservation, watercourse, Foreshore Reserve, jettyor boat ramp.
Delegated Officer / Means a staff member of the Council delegated by the Council to perform a duty or function or to exercise a power conferred by this Local Law, whether by direct delegation from the Council or by delegation from the Chief Executive Officer.
Domestic Bird / Means a small bird such as a canary, finch, budgerigar or the like that is kept in a cage or aviarybut excludes a Large and/or Noisy Birdcapable of causing disturbance and discomfort to neighbours and for the purposes of the Table of Numbers and Types of Animals, excludes pigeons.
Droving of Livestock / Means a single driving of Livestock in or through the Municipal District, or from one location to another for the purpose of changing the grazing area, or for the purposes of sale or relocation after sale, but does not include theMovement of Livestock or the Grazing of Livestock.
Dwelling / Means a building used as a self-contained residence which normally includes a kitchen sink, food preparation facilities, a bath or shower and a closet pan and wash basin, and includes out-buildings and works normal to a Dwelling.
Event / Means an extraordinary and temporary organised activity where people gather with a common purpose that aims to enhance community life.
Fence (Fencing) / Means any enclosure by design or intent that is used for the confinement of an Animal, for security, privacy, amenity or boundary marking and may include (but is not limited to) a gate, grid or similar structure.
Fire Danger Period / Means as in the Country Fire Authority Act 1958:
in respect of the country areaof Victoria or any part thereof means theperiod declared pursuant to this (CFA) Act to be theFire Danger Period in respect of the saidcountry area or any part thereof (as the casemay be);
Footpath / Means a pathway or other area constructed or developed by a public authority for use by pedestrians.
Footpath Trading Permit / Means a Permit issued under Clauses43,45,46,47, 50.
Foreshore Reserve / Means any land, whether or not owned, or vested in, or under the control and management of the Council, adjacent to the waters of Port Phillip Bay or Bass Strait or any inland lake, river, stream, creek or other waterway, but does not include a Road.
Graffiti / Means any defacement of property whether written, drawn, sprayed, scratched or otherwise marked on a wall or other surface, which is not readily removable by wiping with a dry cloth, is detrimental to the visual amenity of the neighbourhood and is not part of any approved artistic exhibition.