Stonnington City Council

STONNINGTON CITY COUNCIL

GENERAL LOCAL LAW 2008 (No 1)

Effective 25 July 2008 to 24 July 2018

Adopted by Council on 21 July 2008

Incorporates:

Amendments Adopted by Council on 20 October 2008

Amendments Adopted by Council on 1 February 2010

Amendments Adopted by Council on 21 February 2011

Amendments Adopted by Council on 19 September 2011

Incorporated Document Adopted by Council 17 December 2012

Incorporated Document Adopted by Council 22 April 2012

Amendments Adopted by Council on 14 December 2015

TABLE OF CONTENTS

PART 1 – PRELIMINARY 7

100. Name and Objectives of Local Law 7

101. Authorising Provision 7

102. Commencement 7

103. Revocation Date 7

104. Definition of Words used in this Local Law 7

105. Application of the Local Law 13

106. Council Positions 13

107. Repeal of Local Laws 14

108. Conflict with Other Legislation 14

PART 2 - ADMINISTRATION OF THIS LOCAL LAW 15

200. Exercise of Discretions 15

201. Register of Determinations 15

202. Direction of Authorised Officer: Notice to Comply 15

203. Time to Comply 15

204. Reasonable Time to Comply 16

205. Service of Notice to Comply 16

206. Failure to comply with a Notice to Comply 16

207. Power of Authorised Officers to Act in Urgent Circumstances 16

208. Appeals 16

209. Compliance with Directions and Notices 17

210. Delegations and Authorisations 17

PART 3 - THE COMMON SEAL 18

300. Purpose 18

301. Who keeps the Common Seal 18

302. Signatures to Accompany Common Seal 18

303. Affixing the Common Seal 18

304. Unauthorised use of the common seal 19

PART 4 – COUNCIL ADMINISTRATION 20

Division 1 - Procedure for the Conduct of a Meeting to Elect a Mayor 20

400. Purpose 20

404. Council Meeting to Elect An Acting Mayor 20

405. Timing of Statutory Meetings 20

406. Order of Business of First Statutory Meeting 21

Division 2 - Procedure for Election of Mayor 21

407. Purpose 21

408. Procedure for Election of Mayor 21

409. Mayor to take Chair 22

410. Duties of a Chairperson 23

Division 3 - Meeting Procedure 23

411. Purpose 23

412. Date, Time and Place of Council Meetings 23

413. Agenda for and Notice of Council Meeting 23

414. Special Meetings 24

415. Councillors Address for Delivery of Notices, Agendas, Minutes and other Documents 24

417. Quorum 25

418. Failure to Raise a Quorum 25

419. Failure to Maintain a Quorum 25

420. No Business Outside Agenda 25

421. Open Meetings 26

422. Order of Business of Ordinary Meeting 26

424. Questions to Council from Members of the Public 27

425. Petitions and Joint Letters 28

426. Procedural Motions 28

427. Notices of Motion 29

428. Procedure on Motions and/or Amendments to Motions 30

429. Foreshadowed Motions and Amendments to Motions 32

430. Repeating Motion or Questions 32

431. Form of Motion 33

432. Rescission or Alteration of a Resolution 33

433. Reports of Special and Other Committees 33

435. Other General Business 34

436. Urgent Business 34

437. Questions to Council Officers from Councillors 35

438. Confidential Business 35

439. Time limit for meetings 36

441. Recount of vote 36

442. Casting Vote 36

443. Division 36

444. Election of Chairpersons and Delegates 37

445. Recording/Transcript of Council Meeting may be Requested 37

446. Cases in which a Councillor must Rise when Speaking 38

447. Interruptions, Interjections and Relevance 38

448. Resumption of Adjourned Debate 38

449. Time Limits 38

450. Chairperson May Speak 39

451. Code of Conduct 39

452. Point of Order 39

453. Personal Explanation 40

454. Ordering Withdrawal of Remark and Apology 40

455. Gallery to be Silent 40

456. Suspension from Meetings 41

457. Ejection of Disorderly Visitors 41

458. Removal from Chamber of Councillor or Member of Public 41

459. Disorderly Visitors may be Banned from Council Meetings 42

460. Chairperson may Adjourn Disorderly Meeting 42

461. Production of Document 42

462. Recording or Filming Proceedings 42

463. Procedure Not Provided in Local Law 43

464. Suspension of Local Law in Relation to Meeting Procedure 43

465. Offences 43

Division 4 - Special Committees Composed Solely of Councillors 43

466. Purpose 43

467. Application Generally 44

468. Quorum 44

469. Notice of Meetings 44

470. Public Submissions 44

471. Application Specifically 44

472. “Call-up” requests by other Councillors 44

Division 5 - Other Committees 45

473. Purpose 45

474. Application Generally 45

475. Application Specifically 45

Division 6- Supply of Information 45

476. Purpose 45

477. Supply of Information 46

PART 5 - PROTECTION OF COUNCIL LAND 47

Division 1 - Drains, Sewers and watercourses 47

500. Interference with Council Drains, Sewers or Similar 47

501. Maintenance of Drains 47

502. Drainage of Properties 47

Division 2 – Vehicle Crossings 48

503. Vehicle Crossings 48

504. Temporary Vehicle Crossings 48

505. Repair of Vehicle Crossings 49

Division 3 – Protection of Council Land 49

506. Defacing/Damaging Council Land 49

507. Lighting Fires 49

508. Trees or Plants Causing Damage to Council Land 49

509. Trees and Plants on Council Land 49

510. Temporary Building on Road Reserve 50

511. Damage to Kerbs, paths and other assets from building work 50

Division 4 – Use of Municipal Places 50

512. Prohibition of Entry 50

513. Behaviour 51

514. Prohibited Articles 51

515. Directions 52

Division 5 – Council Reserves 52

516. Access to Council Reserves 52

517. Use of Council Reserves 52

518. Restrictions 53

Division 6 - Roads, Public Places & Council Land - Obstructions & Behaviour 54

519. Application 54

520. Shopping Trolleys 54

521. Footpath Trading Code 55

522. Obstructions 56

523. Repairing Vehicles 56

524. Consumption of Liquor 56

525. Mobile Cranes 57

526. Hoarding, Scaffolding and Overhead Protective Awning 57

527. Bulk Containers Left on Roads 57

528. Clothing Bins 57

529. Unregistered and Abandoned Vehicles 57

530. Residential and Commercial Parking Permits 57

PART 6 - STREET SELLING, COLLECTIONS AND DISTRIBUTIONS 59

600. Itinerant Trading 59

601. Street Appeals 59

602. Street Promotions 59

603. Processions, Street Festivals and Street Parties 60

PART 7 - PROTECTION OF THE AMENITY OF THE MUNICIPAL DISTRICT 61

Division 1 - General 61

700. Property Numbers 61

701. Camping and Camping on Council Land or Road 61

702. Noise 61

703. Advertisements 63

704. Mobile billboards 64

705. Incinerators and Fires 64

706. Chimneys 64

707. Directive Powers 65

Division 2 - Premises - unsightly or dangerous 65

708. Unsightly Premises 65

709. Vermin and Noxious Weeds 65

710. Dangerous Land 65

711. Motor Vehicles and Machinery 66

712. Overhanging and Encroaching Trees 66

713. Dilapidated Buildings 66

Division 3 - Building Activity 66

714. Building Definitions 66

715. Building Activity Hours 67

716. Dust Control 67

717. Spoil from Building Sites 68

718. Building Material 68

Division 4 - Protection Of Trees 68

719. Tree Protection 68

PART 8 - KEEPING OF ANIMALS 71

800. Application Of Part 71

801. Conditions Under Which Animals May be Kept 71

802. Conditions under which an Animal may be Housed 71

803. Animal Noises 72

804. Animal Excrement 72

805. Wasp Nest(s) To Be Removed 72

806. Pest Animals 73

807. Animals on Road or Council Land 73

808. Fencing 73

PART 9 - SANITATION 74

900. Supply and Use of Waste Receptacles 74

901. Waste Collection 74

902. Approved Receptacles Supplied by Council 76

903. Trade Waste Bins and Hoppers 76

904. Council Waste Acceptance Facilities 76

905. Directive Powers 77

PART 10 - PERMITS 78

1000. Application for Permit 78

1001. Consideration of Applications 78

1002. Permits May be Conditional 78

1003. Register of Permits 79

1004. Duration of Permit 79

1005. Correction of Permit 79

1006. Cancellation, Suspension or Amendment of Permits 79

1007. Transferability of Permits 80

1008. Permit Issue and Refusal 80

1009. Information 80

PART 11 - FEES, CHARGES AND COSTS 81

1100. Setting Fees and Charges 81

1101. Differential or Structured Fees and Charges 81

1102. Waiver or Alteration to Fees and Charges 81

PART 12 - INFRINGEMENT NOTICES 82

1200. Purpose 82

1201. Infringement Notice 82

PART 13 - ENFORCEMENT, OFFENCES AND PROSECUTIONS 83

1300. Recovery of Costs 83

1301. Offences 83

1302. General Penalty 83

1303. Power to Impound 83

SCHEDULE 1 85

NOTICE TO COMPLY 85

SCHEDULE 2 90

PARKS, GARDENS AND RESERVES 90

SCHEDULE 3 92

PERMIT 92

SCHEDULE 4 93

PENALTIES 93

PART 1 – PRELIMINARY

100. Name and Objectives of Local Law

This Local Law is known as the General Local Law No. 1 and the objectives of this Local Law are to provide for:

(a) the peace, order and good government of the Municipal District;

(b) the administration of Council powers and functions;

(d) the safe and equitable use and enjoyment of Public Places;

(e) the protection and enhancement of the amenity and environment of the Municipal District;

(f) the fair and reasonable use and enjoyment of private land;

(g) the prohibition, regulation and control of activities, events, practices or behaviour in places so that no detriment is caused to the amenity of the neighbourhood nor nuisance caused to a person nor damage caused to a person's property; and

(h) the prohibition, regulation and control of activities which may affect urban character and local amenity.

101. Authorising Provision

This Local Law is a Local Law made under sections 91(1) and 111 of the Local Government Act 1989.

102. Commencement

This Local Law comes into operation on the day after the date of notice of making the Local Law is published in the Victoria Government Gazette.

103. Revocation Date

This Local Law ceases to operate on 24 July 2018.

104. Definition of Words used in this Local Law

Unless the contrary intention appears in this Local Law:

"Act" means the Local Government Act 1989, as amended from time to time.

"Advisory Committee" means an advisory committee established by Council under Section 86(1) of the Act.

"agenda" means the notice of a meeting setting out the business to be transacted at the meeting.

"Animal" includes a bird or reptile.

"Approved Receptacle" has the same meaning as Mobile Garbage Bin (MGB).

"Authorised Officer" means a person appointed by the Council to be an Authorised Officer pursuant to Section 224 of the Act or treated by Section 224A of that Act to have been either in relation to the whole of this Local Law or to a particular portion of it in which the term is used.

"Barbecue" means a permanent structure, device or contraption:

(a) designed or constructed for the purpose of cooking food in the open air for human consumption; and

(b) which is being used for the purpose of cooking food or prior to or subsequent to the cooking of food.

"Building" includes a part of a building, a structure, temporary structure, part of a temporary building, outbuilding, fence, wall, provision for lighting, heating, water supply, drainage and sewerage and any other appurtenances of a building.

"Chairperson" means the Chairperson of the meeting and includes an acting, a temporary and a substitute Chairperson.

"Chief Executive Officer" means the Chief Executive Officer of Council appointed in accordance with Section 94 of the Act, or other person appointed to act in that position during the Chief Executive Officer's absence.

"Chimney" includes a structure or opening of any kind from or through which smoke or air impurity may be emitted from a building.

"Committee" means an advisory Committee or a Special Committee.

"Common Seal" means the common seal of Council.

"Confidential Business" means:

(a) personnel matters;

(b) the personal hardship of any resident or ratepayer;

(d) contractual matters;

(e) proposed developments;

(f) legal advice;

(g) matters affecting the security of Council property;

(h) any matter which the Council or Special Committee considers would prejudice the Council or any person;

(i) a resolution to close the meeting to members of the public.

"Construct" includes build, construct, erect, place in position, re-build, re-construct, re-erect, replace in position or do any structural work.

"Council" means Stonnington City Council.

"Council Land" means all land:

(a) owned, leased, managed or occupied by the Council; or

(b) vested in the Council or under the control of the Council and which it has a duty to maintain.

"Council Meeting" means an Ordinary Meeting or a Special Meeting of Council.

"Council reserve" means Council land which is a:

(a) sports ground; or

(b) park; or

(d) facility provided or used in association with activities at a sporting ground, park or nature reservation; or

(e) place specified in Schedule No. 2; or

(f) which the Council declares by resolution to be a reserve; or

(g) purchased by, leased or otherwise provided to or managed or controlled by Council for a recreation, cultural or entertainment purpose.

"Council Waste Depot" includes:

(a) a depot or station for the collection or transfer of Waste; or

(b) a Waste disposal landfill site,

operated by or on behalf of the Council.

"Councillor" means an elected person who holds the office of member of the Council.

"Delegate" means delegate appointed on the nomination of Council.

"Election Period" means the election period as defined in Section 3 of the Act.

"Extraordinary Vacancy" means an extraordinary vacancy as described in Section 69(1) of the Act.

"Fire" includes smouldering or causing smoke (whether or not there is a conflagration) but does not include:

(a) a fire lit in the course of official duties by a member of a Fire Brigade;

(b) a domestic appliance; or

"Footpath Trading Code" means the code regulating activities that occur on the footpaths as adopted by the Council by resolution dated 17 September 2007 as amended by the Council from time to time.

"General Election" means a general election as described in Section 31 of the Act.