City of Greater Geelong
NEIGHBOURHOOD AMENITY LOCAL LAW 2014
December 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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This document is a re-structure of previous General Local Law 2005.
The new structure can be seen in the Table below.
NEW SECTION TITLES *
1. Preliminary, Objectives and Definitions
2. Your Property, Animals and Waste Collection
3. Vehicles, Activities on Roads and Stock Movements
4. Business and Builders
5. Alcohol and Smoking
6. Municipal Places, Reserves, Landfill Sites and Buildings
7. Administration, Permits, Appeals, Fees and Penalties
* It should be noted that this structure is for convenience of use only. Laws affecting a specific situation may not be limited to any one section.
Neighbourhood Amenity Local Law 2014
December 2014
PREAMBLE
City of Greater Geelong’s Local 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 Law is 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
PART 1 – PRELIMINARY, OBJECTIVES AND DEFINITIONS 6
1. Title 6
2. Objectives of this Local Law 6
3. Authorising Provisions 6
4. Commencement 7
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 9
PART 2 – YOUR PROPERTY, ANIMALS AND WASTE COLLECTION 20
Your Property 20
10. Unsightly Land 20
11. Dangerous Land 20
12. Unauthorised Occupation of Council Land or a Road 20
13. Dilapidated Buildings 21
14. Fire Hazards 22
15. Burning Materials 22
16. Offensive Emissions Entering Neighbouring Property 23
17. Fireworks 23
18. Camping on any Land other than Council Land or a Road 24
19. Shipping Containers 24
20. Installed Intruder Alarms 25
21. Address Numbers 25
22. Trees, Plants, Signs and Structures not to Obstruct or Obscure 26
Your Animals 27
23. Keeping Animals 27
24. Animal Accommodation 28
25. Noise and Smell from Animals, Birds, Pigeons, Reptiles and Bees 29
26. Animal Excrement 29
27. Adequate Fencing 29
28. Individual Animal Plan 30
Your Waste Collection 31
29. Waste, Recyclables and Green Waste Collections 31
30. Hard Waste 32
31. Interference with Waste, Recyclables, Green Waste or Hard Waste 33
PART 3 – VEHICLES, ACTIVITIES ON ROADS, AND STOCK MOVEMENTS 34
32. Motor Bikes and Motorised Recreational Vehicles 34
33. Vehicle Sound Systems 35
34. Repair and Display for Sale of Vehicles on Roads 36
35. Abandoned Vehicles 36
36. Heavy and Long Vehicles – Storing 36
37. Transporting Offensive Waste on Roads 37
38. Waste Receptacles Placed on Roads or Council Land 37
39. Public Waste Bins 37
40. Shopping Trolleys 38
41. Festivals, Processions and Public Address Systems on Roads 38
42. Livestock on Roads 39
PART 4- BUSINESS AND BUILDERS 40
Business 40
43. Displaying Goods for Sale on a Road or Council Land 40
44. Roadside Trading 40
45. Spruiking, Busking and Pavement Art 41
46. Erecting or Placing of Advertising Signs 42
47. Use of Council Land or a Road for Outdoor Eating Facilities 42
48. Removing the Outdoor Eating Facility 43
49. Sale and Consumption of Liquor on Roads Adjoining Licensed Premises 43
50. Collections 43
Builders 45
51. Asset Protection – Drainage Tapping 45
52. Asset Protection – Occupying or Opening a Road or Council Land 45
53. Asset Protection Permit – Building Works 46
54. Asset Protection – Building Work – Power of Entry 48
55. Building Work – Fencing, Run-Off, Refuse, Emissions 48
56. Building Work – Access, Storage, and Hours of Work 50
57. Vehicle Crossings – Constructing 50
58. Vehicle Crossings – Maintaining 51
59. Vehicle Crossings – Power to Direct Works 51
PART 5 - ALCOHOL AND SMOKING 52
60. Possession and Consumption of Liquor on Roads 52
61. Possession and Consumption of Liquor after Sunset in
Municipal Places other than Roads 52
62. Exemptions to Liquor Controls 53
63. Alcohol Free Areas 53
64. Glass Containers 53
65. Smoke Free Areas in Municipal Places 54
PART 6 MUNICIPAL PLACES, RESERVES, Landfill Sites and Buildings 55
Municipal Places 55
66. Council’s Power in Municipal Places 55
67. Behaviour in Municipal Places – Prohibitions 56
68. Damaging or Interferring with a Municipal Place 56
69. Interference with a Water Course 57
70. Obstructions on Council Land or a Road 57
Reserves 58
71. Behaviour in Municipal Reserves – Prohibitions 58
72. Use of Municipal Reserves – Permit Application 59
73. Use of Municipal Reserves – Permitted Uses 60
74. Access to Municipal Reserves 61
75. Events 62
76. Camping on Council Land or a Road 63
77. Parking on Municipal Reserves 63
78. Use of Wheeled Non-Motorised Recreational Devices and Wheeled Child’s Toys 63
79. Impounding of Wheeled Non-Motorised Recreational Devices
and Wheeled Child’s Toys 64
Landfill Sites 65
80. Depositing of Waste at Municipal Landfill Sites, Recycling and
Waste Transfer Facilities and Resource Recovery Centres 65
81. Scavenging at Municipal Landfill Sites, Recycling and
Waste Transfer Facilities and Resource Recovery Centre 65
Council Buildings 66
82. Behaviour in Municipal Buildings 66
83. Entry to Municipal Buildings 67
84. Notification of Prohibition from Entry to Municipal Buildings 68
85. Availability and Hire 69
PART 7 – ADMINISTRATION, PERMITS, APPEALS, FEES AND PENALTIES 70
Administration 70
86. Exercise of Discretions 70
87. Register of Determinations 70
88. Power to Obtain Necessary and Additional Information 70
89. Power to Direct – Notice to Comply 71
90. Power to Direct – In Person 71
91. Power to Act – Urgent Circumstances 71
92. Power to Impound – Impounding Things 72
93. Delegation 72
Permits 73
94. Permits 73
95. Register of Permits 74
96. Exemption from Permit or Permit Fee 74
Appeals 75
97. Appeals – Matters other than Infringement Notices 75
98. Appeals – Local Law Infringement Notices 75
Fees and Penalties 77
99. Setting Fees and Charges 77
100. Differential or Structured Fees and Charges 77
101. Waiver or Alteration to Fees and Charges 77
102. Offences 77
103. Penalties 78
SCHEDULE 1 – INFRINGEMENT NOTICE PENALTIES 79
SCHEDULE 5 – PENALTIES 79
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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 2014 and 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) to secure 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) to partner 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; and
(d) to provide 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 General Local Law 2005 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, 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 to 7 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 as preliminary 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 and Council’s reserves, landfill sites and buildings. These laws include prohibited behaviours and permitted activities in these places. Schedule 1 sets 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 the 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 Standard Permit Conditions applicable to all Local Law Permits issued under this Local Law, as well as a 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 into 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) Domestic Animal Act 1994;
(6) Environment Protection Act 1970;
(7) Infringements Act 2006;
(8) Liquor Control Reform Act 1998;
(9) Local Government Act 1989;
(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; and
(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 subject matter 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 MEANING /Act / 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 promoting a 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 or a Road where the registered owner cannot be ascertained by an Authorised Officer or Delegated Officer and which, in the opinion of that Officer, has been abandoned.
Alcohol / Has the same meaning as ‘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 Types in Clause 23 (Keeping 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 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.