CITY OF KINGSTON LOCAL LAW NO. 2 ROADS AND TRAFFIC LOCAL LAW 2

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1 ROADS AND TRAFFIC LOCAL LAW 2 PART 1 - PRELIMINARY PROVISIONS Title 1 This Local Law may be cited as the Roads and Traffic Local Law (Local Law No. 2 of 2005). Objectives 2 The purpose of this Local Law is to: (1) provide for the peace order and good government of the municipal district; and (2) provide for the administration of the Council's powers and functions; and (3) provide for the protection and safety of Council land and roads; and (4) regulate the use of roads, Council land and other places; and (5) regulate the use of various types of vehicles and behaviour relating to them for the safety and convenience of road users; and (6) regulate secondary activities on roads including trading, placing of goods and equipment, repairs to vehicles, street parties, festivals and processions, advertising and collections (which does not comprise the primary need for the passage and repassage of people and goods); and (7) regulate secondary activities on roads to provide free and safe access for people with sight and movement impairment or disabilities; and (8) complement the Road Rules Victoria 1999 particularly relating to car parking; and (9) prescribe procedures for the temporary or permanent closure of roads. Authority to Make the Local Law 3 This Local Law is made pursuant to section 111 of the Act. Commencement Date 4 This Local Law comes into operation on the day after notice of its making is published in the Government Gazette. Revocation of Earlier Local Law 5 Roads and Traffic Local Law (Local Law No.2 of 1999) is revoked. [ : v1] City of Kingston Local Laws Page 1

2 Revocation Date 6 Unless sooner revoked, this Local Law ceases to operate on the tenth anniversary of its making. Application of the Local Law 7 Unless otherwise stated, this Local Law applies at all times throughout the entire municipal district. Definition of Words used in this Local Law 8 Unless inconsistent with the context, in this Local Law the following words are defined to mean: "Act" means the Local Government Act "advertising sign" means any placard, sign, pointer board, notice, poster, mobile billboards, banner or other similar device whether portable or affixed or attached to any land, building or vehicle, which is used for the purposes of: soliciting sales; notifying the presence or location of a property where goods or services may be obtained; or notifying an event or competition, including a community or recreational event "appointed agent" means the person authorised in writing by an owner of a building or land to make an application, appeal, referral or representation on the owner's behalf. "Asset Protection Permit" means a written permit issued by Council under clause 11 for the protection of public infrastructure assets during building work. "Authorised Officer" means a person appointed by the Council under section 224 of the Act. "bicycle" means a two-wheeled or three-wheeled vehicle designed to be propelled solely by human power, but does not include a toy vehicle. "builder" means a person who has applied to Council (or any other person by whom such an application may be made) for a building permit or, if no such application has been made, the person in charge of any building work being carried out. "building" includes any structure or building, whether temporary or permanent, or any part of such building or structure. "building site" means any land on which, or on part of which, building work is being carried out. [ : v1] City of Kingston Local Laws Page 2

3 "building work" means work for or in connection with the construction, renovation, alteration, demolition, relocation or removal of a building and includes landscaping, concreting, paving and subdivision road construction (extending to installation of utility services and drainage). "carriageway" means the portion of the road generally available for traffic by registered motor vehicles (whether sealed, formed or unconstructed). "Chief Executive Officer" has the meaning ascribed to it by the Act. "the Council" means Kingston City Council. "construction period" means the period during which building work is carried out. "contractor" means a person who contracts to provide building work, and includes an excavator, tiler, concreter and carpenter. "Council land" means all land owned, leased, managed or occupied by the Council and includes land vested in the Council. "facility" means a suitable rubbish receptacle capable of restricting debris and other waste from leaving the building site. "land" has the meaning ascribed to it by the Interpretation of Legislation Act "motor vehicle" has the meaning ascribed to it by the Road Safety Act * "municipal district" means the area from time to time comprising the municipal district of the Council. "notice to comply" means a notice to comply issued under this Local Law. "offence" means an offence against or breach of a provision of this Local Law or a breach of a permit, notice or direction issued under it. "owner", in relation to building work, means the owner of land on which the building work is or is to be carried out. owner of a vehicle has the same meaning as the Road Safety Act "penalty" means the maximum fine that may be imposed by a court of appropriate jurisdiction. "penalty unit" has the meaning ascribed to it by section 110 of the Sentencing Act *In section 3 of the Road Safety Act 1986 "motor vehicle" is defined to include motorised vehicles which are used or intended for use on a highway, with specified exceptions (such as motorised wheel chairs capable of a speed not exceeding 7 kph and vehicles intended for use on railways or tramways). [ : v1] City of Kingston Local Laws Page 3

4 "permit" means a permit issued in writing in accordance with or under the provisions of this Local Law. "public infrastructure assets" means items, facilities or systems owned, managed or otherwise controlled by Council which provide or facilitate a public service, including (but not limited to) roads, footpaths, stormwater systems, lighting, fencing, retaining walls, trees, landscaping, kerb and channel, traffic management devices, traffic signals, signs, line marking, footpaths, nature strips, street furniture, car parks, bridges, buildings and structures. "public place" has the meaning ascribed to it by the Summary Offences Act "road" has the meaning ascribed to it by the Act. "Schedule" means a Schedule to this Local Law. "security bond" means a payment or guarantee made to Council for the purposes of securing public infrastructure assets from the cost of damage during building work. "sell" includes sell (whether by wholesale or retail or by means of any machine or mechanical device), barter or exchange, agreeing to sell, offering or exposing for sale, keeping or having in possession for sale, sending, forwarding, delivering or receiving for or on sale, or attempting, directing, causing, suffering, or admitting any such acts or things. "Senior Officer" has the meaning ascribed to it by the Act. "service authority" means a state or Federal Government authority which is a supplier of community power, communications or other services and is capable of being bound by this Local Law. "shopping trolley" means a wheeled container or receptacle supplied by a retailer to enable customers to transport goods. "state road" has the meaning ascribed to it by the Road Management Act "street festival" means an organised recreational, cultural, commercial or social gathering of people which is held on a road. "street party" means an organised social gathering of people resident in one or several adjacent roads, that is held on a road. "street procession" includes a march, fun run, bicycle race or other such organised activity on a road. "supplier" means a person responsible for the delivery or collection of materials (including timber, concrete, bricks, debris and waste) or equipment to, from or near land prior to, during or after building work and in connection with the building work. [ : v1] City of Kingston Local Laws Page 4

5 "temporary vehicle crossing" means a constructed form of wooden panels or other Council approved structure over a bed of sand, that extends from the boundary of land over any public infrastructure asset to a road, and is designed to minimise damage to public infrastructures assets caused by motor vehicles and materials entering and leaving the land during the construction period. "toy vehicle" means a vehicle other than a bicycle, ordinarily used by a child at play and designed to be propelled by human power, and includes a scooter, skateboard, roller skates, roller blades and similar toys. "trading site" means Council land which is hired out or leased to a person to conduct a business selling food, goods or services in accordance with a permit. "vehicle" has the meaning ascribed to it by the Road Safety Act "vehicle crossing" is a bridge or crossing constructed to Council specifications, over any footpath or channel next to a road to enable a person using the road to have access to land on the other side of the footpath or channel. NOTE: Unless the contrary intention appears: Words in the singular include the plural and words in the plural include the singular. Words, the meaning of which are defined in clause 8 of this Local Law or elsewhere in it, appear in bold type in the text. In section 3 of the Road Safety Act 1986 vehicle is defined as follows: Vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes, bicycle or other pedal powered vehicle, trailer, tram car and air cushion vehicle but does not include railway locomotive or railway rolling stock. [ : v1] City of Kingston Local Laws Page 5

6 PART 2 - CONSTRUCTION WORKS Road Opening, Reinstatement and Works 9 (1) A person must not, without a permit, occupy or fence off part of a road, undertake any trenching, under boring or reinstatement works, use a mobile crane or travel tower, or erect a hoarding or overhead protective awning in, on, under or over a road or Council land. Penalty: Ten (10) Penalty Units (2) In determining whether to grant a permit for road opening, reinstatement or works, the Council must take into account:- (c) (d) (e) (f) the nature and duration of the works; and the likely hazard to users of the road; and whether persons who may be liable for injury caused by the works are insured against that risk; and the impact of the works on the amenity of the adjoining area; and whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and any other matter relevant to the circumstances of the application. Vehicle Crossings 10 (1) A person must not, without a permit, construct a vehicle crossing. Penalty: Ten (10) Penalty Units (2) Every vehicle crossing must be constructed and sited to the satisfaction of the Council. Penalty: Ten (10) Penalty Units (3) The Council may by notice in writing to the owner or occupier of land require the construction of a satisfactory vehicle crossing to any land with the full cost of such works to be borne by the owner or occupier. (4) The Council may by notice in writing to the owner or occupier of land require the repair of a vehicle crossing which is in a state of disrepair with the full cost of such works to be borne by the owner or occupier. [ : v1] City of Kingston Local Laws Page 6

7 (5) The Council may by notice in writing to the owner or occupier of land require the removal of a vehicle crossing and reconstruction of the kerb and channel and footpath where the vehicle crossing, in the opinion of the Council, is no longer required with the full cost of such works to be borne by the owner or occupier. (6) The owner or occupier of land must comply with any notice issued by the Council under sub-clauses (3), (4) or (5). Penalty: Ten (10) Penalty Units [ : v1] City of Kingston Local Laws Page 7

8 PART 2A ASSET PROTECTION Asset Protection Permits, Security Bonds and Responsibilities 11 (1) For the protection of public infrastructure assets and for the safety of persons on, adjacent to, opposite, or passing a building site, Council may require an owner, builder or appointed agent to obtain an Asset Protection Permit:- after receiving notice of the appointment of a relevant building surveyor; or after a building permit has been issued; or (c) after a permit for a bulk rubbish container has been issued; or (d) after a permit for a road opening is issued; or (e) after an application is made to Council by a person seeking to build over an easement; or (f) after an application is made to Council by a person seeking to construct a vehicle crossing; or (g) after an application is made to Council by a person seeking information on a legal point of discharge for stormwater; or (h) prior to the commencement of any building work which has the potential to damage public infrastructure assets. (2) On the payment of an application fee, Council or an authorised officer may issue an Asset Protection Permit in respect of any land on which building work is to be carried out. (3) An Asset Protection Permit may allow a person to enter land from a road other than by a permanently constructed vehicle crossing whether or not public infrastructure assets are likely to be damaged. (4) The Asset Protection Permit may be subject to such conditions as Council or the issuing authorised officer determines including: - requiring the payment of a security bond; or requiring protection works to be done; or (c) requiring the erection of temporary fencing to the satisfaction of Council; [ : v1] City of Kingston Local Laws Page 8

9 or (d) requiring that any or all damage to public infrastructure assets be repaired, replaced or re-instated within a specified time; or (e) requiring a temporary vehicle crossing to be installed to Council s specification before commencement of any building work or delivery of any materials to the land by a supplier. (5) An Asset Protection Permit expires on the date specified in the Asset Protection Permit or, if not specified, 12 months after the date of its issue unless it is renewed. (6) Unless approved by Council or in accordance with an Asset Protection Permit, the owner, builder or appointed agent responsible for any building work must ensure that: - there is no entry to the land on which the building work is to take place or is taking place other than across a temporary vehicle crossing; and no materials are deposited on any part of the road abutting the land on which building work is to be carried out or is carried out in connection with the building work. (7) Regardless of whether a building permit has been issued, an owner, builder or appointed agent must:- notify Council, in writing, of any building work he or she proposes at least seven days before the building work commences; and provide to Council written notice of any prior damage to any public infrastructure assets within or adjacent to the land where the building work proposed is to occur, at least seven days prior to the commencement of the building work or the delivery of any building equipment or building materials in connection with the building work. (8) An owner, builder or appointed agent responsible for building work must repair to the satisfaction of Council any damaged public infrastructure assets within or adjacent to the land where the building work takes place or has taken place and which has been caused by the building work. In circumstances where the owner, builder or appointed agent is not liable to repair because building work did not cause the damage, he or she should make every effort to ensure the responsible person repairs the damage (as a guide the owner, builder or appointed agent should obtain and supply to Council a statutory declaration detailing who was responsible for causing the damage). [ : v1] City of Kingston Local Laws Page 9

10 (9) The amount of any security bond required under sub-clause (4) will be determined by Council, in proportion to the likely costs of repairing any potential damage to any public infrastructure assets arising from the building work. (10) Upon completion of the building work, the amount of the security bond may be:- retained by Council to offset the costs of repairing any damage; or refunded to the person who lodged it, upon that person requesting that it be refunded and Council being satisfied that no damage has been caused, or that any damage caused has been repaired by, or on behalf of that person to Council's satisfaction. (11) If an Asset Protection Permit has expired and the security bond to which it relates has not been retained or refunded in accordance with sub-clause (10), the security bond will become the property of Council absolutely and may be used by Council in any way that it thinks fit. (12) For the purpose of determining whether any damage to public infrastructure assets has been caused by any building work, failure to provide notice under sub-clause (7) or will give rise to a presumption that there was no existing damage to such assets prior to the building work taking place. (13) Where Council or an authorised officer so determines, Council may accept an alternative form of security to a security bond. Inspections 11A (1) Council may determine if and when inspections of a building site may be conducted. (2) An authorised officer may enter any land or building at any reasonable time for the purpose of inspecting any public infrastructure asset, building work, sewered toilet, portable toilet (closed) system, urinal, pan, receptacle, vehicle, plant, facility, temporary vehicle crossing or other thing referable to complying with this Part. (3) If an authorised officer, as a result of an inspection of a building site, identifies any damage, which appears to result from non-compliance with this Local Law, the authorised officer may direct the responsible person to reinstate the damage within a specified time. The authorised officer will provide the responsible person with written confirmation of that direction either at the time of theinspection or within a reasonable timeframe. [ : v1] City of Kingston Local Laws Page 10

11 Offences 11C (1) A person who - fails to obtain an Asset Protection Permit where required by Council under clause 11; or contravenes or fails to comply with any condition of an Asset Protection Permit; or (c) contravenes or fails to comply with any provision of this Part is guilty of an offence and is liable to: (d) a penalty of 10 penalty units for a first offence; and (e) a further two penalty units for each day after conviction during which the contravention continues; and (f) upon conviction for the second or subsequent offence, 20 penalty units. (2) As an alternative to prosecution for an offence, a person may be served with an infringement notice. Notice to Comply 11D Failing to comply with any provision of this Part, or committing an offence pursuant to this Part, constitutes a breach of this Local Law for the purposes of clause 54. Information 11E Any person apparently in charge of any building work or any owner, builder, appointed agent or supplier must give his or her name and address when requested to do so by an authorised officer. [ : v1] City of Kingston Local Laws Page 11

12 PART 3 - USE OF ROADS FOR PARTIES, FESTIVALS AND PROCESSIONS Permits for Street Parties, Street Festivals or Processions 12 (1) A person must not, without a permit, hold a street party, street festival or street procession on a road. Penalty: Ten (10) Penalty Units Application for Permits 13 (1) In determining whether to grant a permit for a street party, the Council or an Authorised Officer must take into account the following: (c) (d) (e) whether the road can be closed to vehicular traffic for the duration of the street party; and whether all owners or occupiers of properties with any vehicular access via the section of road to be closed have been advised; and whether a person on behalf of the applicant has been nominated to erect and remove the barriers which close the road at locations and times specified in the permit; and whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and any other matter relevant to the circumstances of the application. (2) In determining whether to grant a permit for a street festival or street procession, the Council or an Authorised Officer must take into account the following: (c) (d) whether the road can be closed to vehicular traffic, or partly closed with safe and effective separation of vehicular traffic and street festival/procession patrons and equipment; and whether the agreement of the Victoria Police and the Roads Corporation has been obtained and their requirements met, including an appropriate traffic detour sign scheme; and whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and whether all owners or occupiers of properties with any vehicular access via the section of road to be closed have been advised by letter and given seven days to comment or object; and [ : v1] City of Kingston Local Laws Page 12

13 (e) (f) whether a person who may be liable for injury caused by the street festival or street procession are insured against that risk; and any other matter relevant to the circumstances of the application. [ : v1] City of Kingston Local Laws Page 13

14 PART 4 - USE OF ROADS, COUNCIL LAND AND OTHER PLACES FOR OTHER PURPOSES Interpretation 14 In this Part: (1) Land is under the care and control of the shopping trolley owner if it is owned or leased by that person or if it is part of a complex which provides such land for the purposes of occupiers of the complex and/for their customers. (2) The expression shopping trolley owner includes the owner, lessee or manager of a business using the shopping trolley for the purposes of assisting the customers of the business. Shopping Trolleys 15 (1) A person must not leave a shopping trolley on any part of a road or on any other Council land or on any other land which is not under the care and control of the shopping trolley owner. Penalty: Ten (10) Penalty Units The manager of a shopping complex must immediately collect shopping trolleys from Council land or any other land which is not under the care and control of the shopping trolley owner when notified by the Council or an Authorised Officer. Penalty: Ten (10) Penalty Units (2) (c) The Council may designate areas on Council land for the purposes of storing shopping trolleys. The manager of a shopping complex or of any shop or supermarket supplying shopping trolleys for customers may designate land under the manager's control for the purposes of storing shopping trolleys. Areas designated for shopping trolley storage under sub-clause must be signposted to that effect. (3) A person leaving a shopping trolley in an area designated under subclause (2) does not commit an offence under sub-clause (1). [ : v1] City of Kingston Local Laws Page 14

15 (4) An Authorised Officer may impound any shopping trolley which has been left in any area which is neither designated by the Council for the purpose of leaving shopping trolleys nor on land under the care and control of the shopping trolley owner. (5) The Council may determine a charge for releasing shopping trolleys impounded by it. (6) Subject to sub-clauses and (c), a retailer must not make available for use, or permit to be used, a Shopping Trolley which does not have a coin mechanism attached. Penalty: Two (2) Penalty Units; Sub-clause does not apply when a retailer makes available for use, or permits to be used, 20 shopping trolleys or less. (c) A retailer may apply in writing for a Permit for an exemption from the application of sub-clause. (d) An Authorised Officer may issue a Permit to exempt a retailer from the application of sub-clause, in respect, of all shopping trolleys, or particular types of shopping trolleys provided by that retailer, either temporarily or permanently. (e) A retailer must not obtain or attempt to obtain an exemption by wilfully making or causing to be made any false representation. Penalty: Twenty (20) Penalty Units Moveable Advertising Signs and Display of Goods 16 (1) A person or owner of a vehicle or owner of an advertising sign, must not, without a permit, place or cause or allow to be placed, any advertising sign or display any goods on any road or Council land. Penalty: Ten (10) Penalty Units (2) In determining whether to grant a permit to allow the display of moveable advertising signs and/or goods on Council land or a road, the Council must take into account - (c) whether the proposed location of the sign(s) or goods is hazardous; and the width and height of the sign or display; and any other signs from the applicant s premises; and [ : v1] City of Kingston Local Laws Page 15

16 (d) (e) whether the construction or display of goods will create a hazard for pedestrians; and whether persons who may be liable for injury caused by the placing of the sign are insured against that risk; and (f) whether an indemnity and guarantee in the form of the Schedule 3 has been provided to the Council; and (g) (h) (i) whether the goods will be displayed outside the applicant s premises; and whether adequate lighting of the display area can be achieved if the usual business hours include hours of darkness; and any other matter relevant to the circumstances of the application. Outdoor Eating Facilities on Roads 17 (1) A person must not place any chair, table or other similar facilities on any road, Council land or designated site (except a park or recreational reserve) without first obtaining a permit. Penalty: Ten (10) Penalty Units (2) In determining whether to grant a permit for the placement of chairs and tables or other similar facilities for outdoor eating facilities on a road, the Council must take into account - (c) (d) (e) (f) (g) whether the facility is conducted in conjunction with and as an extension of food premises located immediately abutting the facility, and the applicant is the person conducting such food premises; and whether the facility would be located where it would obstruct visibility at an intersection; and whether appropriate and safe pedestrian access can be maintained; and whether the tables, chairs and other equipment to be used will be a hazard; and whether persons who may be liable for injury caused by the placing of the outdoor eating facilities are insured against that risk; and whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and any other matter relevant to the circumstances of the application. [ : v1] City of Kingston Local Laws Page 16

17 Trading on Roads and in Public Places 18 (1) A person must not, without a permit, on any road, or on any other Council land, sell or offer for sale goods carried about on the person or on any animal or in any moveable conveyance or distribute goods or literature. Penalty: Twenty (20) Penalty Units (2) In determining whether to grant a permit to allow trading from a road or to a person on a road, the Council must take into account: whether the consent of the Roads Corporation has been obtained where the road is a state road; and whether there is compliance with the Motor Car Traders Act 1986 in the case of any selling or offering for sale of a motor vehicle; and (c) (d) (e) (f) (g) (h) (i) (j) whether the permit conditions conform to appropriate control codes and/or guidelines formulated for the management of these activities by the authorities concerned; and whether the safety of road users or the passage of vehicles will be affected by the activity; and whether any permits required by the Health Act 1958, Food Act 1984 or any other legislation have been obtained; and whether the activity will be detrimental to the amenity of the area; and whether appropriate arrangements can be made for waste water disposal, litter and garbage disposal, lighting and advertising signs; and whether persons who may be liable for injury caused by the activity are insured against that risk; and whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and any other matter relevant to the circumstances of the application. (3) As at the making of this Local Law the following selling activities are exempt from the need for a permit: newspapers and magazines being home delivered; and milk and milk products being home delivered; and [ : v1] City of Kingston Local Laws Page 17

18 (c) (d) fruit juices and soft drinks being home delivered; and goods sold in a legally established market or fair. (4) The above exemptions do not affect the need for compliance with any other law relating to the sale of goods. Street Appeals 19 (1) A person must not, without a permit, solicit or collect on any Council land or from house to house any gifts of money or subscriptions for any purpose. Penalty: Ten (10) Penalty Units (2) A person must not seek to solicit contributions from the occupants of vehicles that are stationary in compliance with traffic control signals other than with the permission of the Council and after obtaining an appropriate permit for a Highway Collection from the Victoria Police. Penalty: Ten (10) Penalty Units (3) A person must not, without a permit, provide a windscreen cleaning or similar service on any Council land or road. Street Stalls Penalty: Ten (10) Penalty Units 20 A person must not, without a permit, sell or offer for sale goods from a temporary stall on any road or Council land. Penalty: Ten (10) Penalty Units Regulation of Trading Sites 21 If the Council has entered into an agreement (by way of lease, licence or otherwise) in relation to a trading site, a person other than the person with whom the Council has the agreement or a person in that person's employ must not trade from that site whether or not that person has a permit. Penalty: Twenty (20) Penalty Units Obstructions 22 A person must not, without a permit, place or keep any encroachment or obstruction to the free use of a road. Penalty: Twenty (20) Penalty Units [ : v1] City of Kingston Local Laws Page 18

19 Repair and Display of Vehicles 23 (1) A person must not on any road, Council land or Public place paint, service, dismantle or rebuild any vehicle or repair any vehicle (except where necessary to enable it to be removed); (2) A person must not on any road, Council land or Public place without a permit, display for sale, a vehicle or trailer. Penalty: Twenty (20) Penalty Units Parking of Unregistered or Unroadworthy Vehicles 24 A person must not, without a permit, park an unregistered or unroadworthy vehicle or cause or allow such a vehicle owned by that person to be parked on a road for more than 24 hours. Penalty: Ten (10) Penalty Units Removal and Impounding of Unlawfully Parked Vehicles 25 (1) An Authorised Officer may cause a vehicle to be removed, or removed and impounded, if, having regard to the risk of nuisance, vehicle or pedestrian accidents, congestion or delay to road users, the Authorised Officer is of the view that it is appropriate to do so. (2) The power conferred by this sub-clause can be exercised only in relation to a vehicle which is in: (c) (d) (e) (f) (g) a clearway; or a peak period No Standing Area; or a school crossing zone; or a parking area reserved for vehicles displaying a Disabled Persons Parking Scheme Permit; or an area such as an intersection zone or an approach to traffic lights where the size and nature of the illegally parked vehicle creates an added problem for drivers and pedestrians line of sight; or a bus lane, tram lane or transit lane; or a special event, where illegal parking is likely to result in unreasonable congestion; or See powers in clause 3 of Schedule 11 of the Act for power to remove and impound, return, sell, destroy or give away unregistered vehicles or vehicles considered to be abandoned. [ : v1] City of Kingston Local Laws Page 19

20 (h) (i) (j) a position where a clear width of 3 metres has not been left for the passage of vehicles; or any other place where an illegally parked or abandoned vehicle is causing or may cause a hazardous obstruction; or an unregistered or unroadworthy state. Other Obstructions 26 (1) If, in the opinion of an Authorised Officer, a rubbish container, shipping container, movable structure, device, material or other object is: (c) causing an unlawful obstruction; or a danger to road users; or getting in the way of or likely to get in the way of traffic; Notice to the Owner 27 the provisions of this Part relating to unlawfully parked vehicles apply, with any necessary modifications. (1) In this clause registered owner in relation to a vehicle, means the person who is recorded as the registered owner of the vehicle in the records kept at the Roads Corporation or the equivalent body in the state in which the vehicle is registered. (2) If a registered vehicle is taken less than 250 metres, is relocated on a road and is not impounded or immobilised, no notice of removal is required to be given to the owner. (3) Where a registered vehicle is taken less than 250 metres and is relocated on a road (or is not removed) and is immobilised, notice in writing must be given to the owner by attaching it to the windscreen or other convenient part of the vehicle. (4) If a registered vehicle is impounded, the Council must notify in writing the registered owner. Surrender of Vehicles or other Impounded Items 28 (1) A vehicle or other item which has been impounded must be surrendered if: [ : v1] City of Kingston Local Laws Page 20

21 in the event of a claim being made by the owner or a person acting on behalf of the owner, satisfactory evidence is provided of that person s ownership or authority from the owner; and any penalties for illegal parking and/or for the removal or impounding of the vehicle or other impounded item has been paid to the Council. Power to Sell or Give Away Impounded Vehicle or Other Item 29 (1) Where a vehicle or other item impounded in accordance with this Local Law is not claimed and removed by the owner or some person acting on the owner's behalf: in the case of a registered vehicle, within 14 days after the service of a notice upon the owner; or in the case of an unregistered vehicle or other item, within 14 days after being towed and removed by the Council the Council may cause the vehicle or other item to be sold (by auction, public tender or private treaty) delivered to a municipal tip or given away as the Council thinks fit. (2) If the owner of a registered vehicle cannot be contacted by registered mail, then the Council must make reasonable efforts to contact the owner by contacting any other member of the owner's household or adjacent households. Having given due consideration to the advice of these people (if any) the Council may surrender the vehicle in accordance with this Local Law or deal with the vehicle as if the owner has been served with a notice. (3) If the Council exercises its power under this clause to sell a vehicle or other item either by auction or by public tender, the Council must provide seven days notice of such auction or calling of tenders in a newspaper generally circulating in the municipal district. (4) If the vehicle or other item is not sold at auction or by tender the Council may sell it privately or otherwise dispose of it. (5) The title of the purchaser of a vehicle or other item sold under this Part is not impeachable and the purchaser takes such vehicle free from any title, estate, interest or right of any other person. Restriction of Use of a Road by Heavy Vehicles 30 If, in the opinion of the Council, a road, or part of a road, is likely to be damaged by a particular class of vehicle, it may, in accordance with clauses 31 [ : v1] City of Kingston Local Laws Page 21

22 and 32, prohibit such vehicles from using that road or part of the road, for as long as it considers is necessary to prevent the damage. Notice of Intention to Impose Restrictions on Road Use 31 (1) Before prohibiting any class of vehicle, the Council must give public notice of its intentions and cause a notice to be displayed on or adjacent to the road. (2) The notices must include: (c) (d) a description of the part of the road affected; and the period of time over which the restriction applies; and the classes of vehicle which are prohibited; and the method of applying for a permit. Submissions Relating to Restrictions on Road Use 32 A person has a right to make a submission under section 223 of the Act on any proposal under clause 30. Signposting of Restriction and other Approvals 33 (1) The Council must erect a sign at each point where vehicles can enter the road or part of the road in which the restriction applies. (2) The signs must be clearly visible to approaching traffic and be of adequate size and design to be readable in the circumstances and include: (c) (d) a description of the class of vehicles prohibited or the limit of vehicle size permitted; and a brief description of the road, part of the road or length of road involved; and the period of time over which the restrictions apply; and the words ENQUIRIES/PERMITS (Council name) (Phone Number) in smaller letters at the bottom of the sign. (3) The Council must obtain any additional approvals required by any Act or regulation prior to the installation of the sign. [ : v1] City of Kingston Local Laws Page 22

23 Permits for use of Heavy Vehicles on Restricted Roads 34 (1) A person must not, without a permit, use a road contrary to any sign erected on it. Penalty: Three (3) Penalty Units (2) In determining whether to grant a permit for a vehicle exceeding the load limit on a road to use that road, the Council must take into account - (c) (d) (e) (f) the amount of damage (if any) likely to be caused to the road by the vehicle mentioned in the application; and the type and weight of the vehicle; and the goods to be transported and the weight of those goods; and alternative roads which are available; and the necessity to impose special speed limits; and any other matter relevant to the circumstances of the application. Toy Vehicles and Bicycles 35 (1) The Council may designate areas in which toy vehicles or bicycles must not be used or ridden and must erect signs in or at the entrance to any area so designated indicating those prohibitions. (2) A person must not use a toy vehicle or ride a bicycle in a prohibited area designated by the Council. Penalty: Two (2) Penalty Units (3) A person may not be prosecuted for an offence under sub-clause (2) where the Council fails to erect and maintain signs as required under sub-clause (1). (4) A person must not use a toy vehicle or bicycle, or authorise another person to use a toy vehicle or bicycle on a road in a manner so as to cause inconvenience or obstruct, hinder, endanger, alarm or prevent the free passage of any pedestrian or other user of the road, whether in or on another vehicle or not. Penalty: Two (2) Penalty Units (5) Where a person continues to use a toy vehicle or bicycle in contravention of this clause and acts contrary to a direction from an Authorised Officer [ : v1] City of Kingston Local Laws Page 23

24 to cease such contravention, such toy vehicle or bicycle may be removed by an Authorised Officer and impounded. [ : v1] City of Kingston Local Laws Page 24

25 PART 5 - RESIDENT PARKING SCHEMES Resident Parking Scheme Operation of Resident Parking Scheme 36 A resident parking scheme operates in declared areas by use of a permit which exempts an eligible vehicle from a parking time limit or permits the vehicle to be parked in a Permit Zone. Declaration of Area 37 (1) The Council may declare an area for a resident parking scheme, taking into consideration the following principles: resident parking schemes may be introduced in streets which are primarily residential in nature or in primarily residential sections of mixed use streets; and the objective of resident parking schemes is to give residents a reasonable likelihood of parking an eligible vehicle within reasonable proximity to their home. This requires that full use is made of available off-street space. In some cases more permits may be issued than there are on-street parking spaces. Having a permit does not guarantee a parking space. Operation of Resident Parking Scheme 38 (1) A resident parking scheme operates by use of windscreen stickers (permits) on eligible vehicles. A permit used correctly in the nominated street or area, permits the vehicle to: be parked for longer than the signposted time in a parking area with a time limit of one hour or longer, but not in parking areas with a shorter time limit; and stand in an area designated No Standing (times indicated) Vehicles Displaying Council Parking Permit Excepted or in a Permit Zone at the applicable times, but not in any other No Standing areas or any other Zones. (2) A permit must be firmly affixed to the lower passenger s side corner of the front windscreen of the vehicle. (3) A permit ceases to be valid on change of ownership involving a change of address, or on change of residence of the owner, whichever occurs first. (4) A permit applies to a specific vehicle. A vehicle must be registered at the address and generally kept there. Proof of occupancy or registration of the vehicle at the address must be provided before a permit is issued. A [ : v1] City of Kingston Local Laws Page 25

26 permit is only valid in the street where the street name is nominated on the permit (5) A vehicle longer than 7.5 metres in length (including any attachment or trailer) is not eligible for a permit. A vehicle that is more than GVM (gross vehicle mass) of 4.5 tonnes or more is not eligible. (6) Unless, in the view of the Council, unusual circumstances apply such as an extremely large number of eligible vehicles existing in the street, or the scheme s objective is not being met, parking restrictions to give resident parking preference will normally only be implemented on one side of a street and will normally be under sub-clause (1) rather than sub-clause (1). (7) Two permits are available per dwelling for such people. (8) A permit will specify the street or section of street in which it is valid. In some commercial areas and streets with clearways, the Council may issue a permit for an adjacent residential street which has a resident parking scheme. In such cases the permit will specify the street. (9) Before introduction of an additional area into a resident parking scheme, notification must be given to every residence in the area at least 14 days before the resident parking scheme commences advising: (c) (d) eligibility; and how to apply for a permit; and the cost of the permit; and how the scheme operates. List of Declared Resident Parking Scheme Areas 39 The Council must keep a list of all declared resident parking scheme areas and include it in the register of determinations. [ : v1] City of Kingston Local Laws Page 26

27 PART 6 - DISABLED PERSONS PARKING SCHEME How the Scheme Works 40 (1) A parking scheme for people with disabilities operates within the State by use of a permit which: allows an eligible vehicle to be parked in an area reserved for vehicles displaying an appropriate disabled persons parking permit; and gives certain concessions to eligible vehicles in other parking areas. (2) When considering requests for reserved parking spaces, eligibility of permit applicants, and any other matter regarding parking for motorists with a disability, the Council must have regard to the Code for the Disabled Persons Parking Scheme (as amended from time to time), issued by the Roads Corporation. [ : v1] City of Kingston Local Laws Page 27

28 PART 7 - FEE AND TIME LIMIT PARKING Displaying Permits that give Exemption from Parking Fees 41 Any person displaying a current Council parking exemption permit by placing as near as possible to the bottom left hand side of the windscreen so that the expiry date is visible from the outside is exempt from the payment of any fee. [ : v1] City of Kingston Local Laws Page 28

29 PART 8 - PERMITS, FEES AND DELEGATIONS Applying for a Permit 42 (1) A person who wishes to apply for a permit may do so by: lodging with the Council an application in a form of the effect of Schedule 8; and paying to the Council the appropriate application fee. (2) The Council may require an applicant to provide additional information before dealing with an application for a permit. (3) The Council may require a person making an application for a permit to give public notice, and entitle any person to make a submission and to be heard about it. (4) An application for a street party, street festival or street procession on a state road must be lodged at least 28 days before the event. Fees 43 (1) The Council may by resolution, from time to time, determine fees for the purposes of this Local Law. (2) In determining any fees and charges the Council may establish a system or structure of fees and charges, including a minimum or maximum fee or charge, if it considers it is appropriate to do so. (3) The Council may waive, reduce or alter a fee with or without conditions. Issue of Permits 44 The Council may: (1) issue a permit, with or without conditions; or (2) refuse to issue a permit. Duration of Permits 45 (1) A permit is in force until the expiry date indicated on the permit unless it is cancelled before the expiry date. [ : v1] City of Kingston Local Laws Page 29

30 (2) If no expiry date is indicated on the permit, the permit expires on 30 June next after the day on which it is issued. Conditional Permits 46 (1) A permit may be subject to conditions which the Council considers to be appropriate in the circumstances including: (c) (d) (e) (f) the payment of a fee or charge; and a time limit to be applied either specifying the duration commencement or completion date; and the happening of an event; and the rectification, remedying or restoration of a situation or circumstance; and where the applicant is not the owner of the subject property, the consent of the owner; and the granting of some other permit or authorisation. (2) The conditions of a permit must be set out in the permit. (3) The Council may, during the currency of a permit, alter the conditions of a permit if it considers it to be appropriate to do so, after providing the permit holder with an opportunity to make comment on the proposed alteration. (4) A person who undertakes an activity for which the Council has issued a permit must comply with the conditions of the permit. Penalty: Ten (10) Penalty Units Cancellation of a Permit 47 (1) The Council may cancel a permit if it considers that: (c) there has been a serious or ongoing breach of the conditions of the permit; or a notice to comply has been issued but not complied with within the time specified in the notice to comply; or there was a significant error or misrepresentation in the application for the permit; or [ : v1] City of Kingston Local Laws Page 30

31 (d) in the circumstances, the permit should be cancelled. (2) Before it cancels a permit, the Council must, if it is practicable to do so, provide to the permit holder an opportunity to make comment on the proposed cancellation. (3) If a permit holder is not the owner of the subject land and the owner s consent was required to be given to the application for the permit, the owner must be notified of any notice to comply and of the reason why it has been served. Correction of Permits 48 (1) The Council may correct a permit in relation to: a clerical mistake or an error arising from any accident, slip or omission; or an evident material miscalculation or an evident material mistake of description of a person, thing or property. Registers 49 (2) The Council must notify a permit holder in writing of any correction. (1) The Council must maintain a register of permits, including details of corrections and cancellations. (2) The Council must maintain a register of determinations made, and of guidelines prepared, for the purposes of this Local Law. Service Authority 50 (1) A service authority or a person employed by or acting on behalf of a service authority is not required to obtain a permit in respect of work which is for the purposes of the service authority. (2) A person who would, but for this clause, be required to obtain a permit in respect of any activity must notify the Council of the activity prior to its commencement. [ : v1] City of Kingston Local Laws Page 31

32 Exemptions 51 Offences 52 Delegation 53 (1) The Council may by written notice exempt any person or class of persons from the requirement to obtain a permit, either generally or at specified times. (2) The Council may require an applicant to provide additional information before dealing with an application for an exemption from obtaining a permit. (3) An exemption from the requirement to obtain a permit may be granted subject to conditions. (4) A person must comply with the conditions of an exemption from the requirement to obtain a permit. Penalty: Ten (10) Penalty Units (5) An exemption from the requirement to obtain a permit may be cancelled or corrected as if it were a permit. (1) A person who makes a false representation or declaration (whether oral or in writing), or who omits relevant information, in an application for a permit or exemption is guilty of an offence. (2) Failure to comply with a permit issued under this Local Law or any policy contained in this Local Law is an offence. Penalty: Ten (10) Penalty Units (1) In accordance with section 114 of the Act, the Council delegates to: the Chief Executive Officer and to each Senior Officer and to any person for the time being acting for such persons all the powers, discretions and authorities of the Council under this Local Law including the powers, discretions and authority to issue or refuse permits, fix conditions and durations relevant to such permits, cancel permits, require additional information, apply guidelines or policies of the Council, to waive the need for any permit, to waive, fix or reduce fees or charges or to do any act, matter or thing necessary or incidental to the exercise of any function or power of the Council; and [ : v1] City of Kingston Local Laws Page 32