2013 local law 2 - kingston city council · city of kingston local law no. 2 _____ [5171862:...

CITY OF KINGSTON LOCAL LAW NO. 2 ____________________________________________________________________

[5171862: 4322060v1] City of Kingston Local Laws

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.



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 1989.

"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.



"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 1984.

"motor vehicle" has the meaning ascribed to it by the Road Safety Act 1986.*

"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 1986.

"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 1991.

*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).



"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 1966.

"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 2004.

"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.



"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 1986†.

"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.



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:-

(a) the nature and duration of the works; and

(b) the likely hazard to users of the road; and

(c) whether persons who may be liable for injury caused by the works are insured against that risk; and

(d) the impact of the works on the amenity of the adjoining area; and

(e) whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and

(f) 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.


(2) Every vehicle crossing must be constructed and sited to the satisfaction of the Council.


(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.



(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).




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:-

(a) after receiving notice of the appointment of a relevant building

surveyor; or

(b) 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: -

(a) requiring the payment of a security bond; or

(b) requiring protection works to be done; or

(c) requiring the erection of temporary fencing to the satisfaction of Council;



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: -

(a) 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 (b) 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:-

(a) notify Council, in writing, of any building work he or she proposes at least seven days before the building work commences; and

(b) 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).



(9) The amount of any security bond required under sub-clause (4)(a) 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:-

(a) retained by Council to offset the costs of repairing any damage; or

(b) 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)(a) or (b) 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.



Offences 11C

(1) A person who -

(a) fails to obtain an Asset Protection Permit where required by Council under clause 11; or

(b) 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.



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.


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:

(a) whether the road can be closed to vehicular traffic for the duration of the street party; and

(b) whether all owners or occupiers of properties with any vehicular access via the section of road to be closed have been advised; and

(c) 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

(d) whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and

(e) 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:

(a) 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

(b) 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

(c) whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and

(d) 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



(e) whether a person who may be liable for injury caused by the street festival or street procession are insured against that risk; and




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) 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.


(b) 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.


(2)

(a) The Council may designate areas on Council land for the purposes of storing shopping trolleys.

(b) 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.

(c) Areas designated for shopping trolley storage under sub-clause (b) must be signposted to that effect.

(3) A person leaving a shopping trolley in an area designated under sub-clause (2)(a) does not commit an offence under sub-clause (1).



(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) (a) Subject to sub-clauses (b) 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;

(b) Sub-clause (a) 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 (a). (d) An Authorised Officer may issue a Permit to exempt a retailer from the application of sub-clause (a), 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.


(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 -

(a) whether the proposed location of the sign(s) or goods is hazardous; and

(b) the width and height of the sign or display; and

(c) any other signs from the applicant’s premises; and



(d) whether the construction or display of goods will create a hazard for pedestrians; and

(e) 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) whether the goods will be displayed outside the applicant’s premises; and

(h) whether adequate lighting of the display area can be achieved if the usual business hours include hours of darkness; and

(i) 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.


(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 -

(a) 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

(b) whether the facility would be located where it would obstruct visibility at an intersection; and

(c) whether appropriate and safe pedestrian access can be maintained; and

(d) whether the tables, chairs and other equipment to be used will be a hazard; and

(e) whether persons who may be liable for injury caused by the placing of the outdoor eating facilities are insured against that risk; and

(f) whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and

(g) any other matter relevant to the circumstances of the application.



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:

(a) whether the consent of the Roads Corporation has been obtained where the road is a state road; and

(b) 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) whether the permit conditions conform to appropriate control codes and/or guidelines formulated for the management of these activities by the authorities concerned; and

(d) whether the safety of road users or the passage of vehicles will be affected by the activity; and

(e) whether any permits required by the Health Act 1958, Food Act 1984 or any other legislation have been obtained; and

(f) whether the activity will be detrimental to the amenity of the area; and

(g) whether appropriate arrangements can be made for waste water disposal, litter and garbage disposal, lighting and advertising signs; and

(h) whether persons who may be liable for injury caused by the activity are insured against that risk; and

(i) whether an indemnity and guarantee in the form of Schedule 3 has been provided to the Council; and

(j) 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:

(a) newspapers and magazines being home delivered; and

(b) milk and milk products being home delivered; and



(c) fruit juices and soft drinks being home delivered; and

(d) 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.


(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.


(3) A person must not, without a permit, provide a windscreen cleaning or similar service on any Council land or road.


Street Stalls

20 A person must not, without a permit, sell or offer for sale goods from a temporary stall on any road or Council land.


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.


Obstructions

22 A person must not, without a permit, place or keep any encroachment or obstruction to the free use of a road.




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.


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.


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:

(a) a clearway; or

(b) a peak period No Standing Area; or

(c) a school crossing zone; or

(d) a parking area reserved for vehicles displaying a Disabled Persons Parking Scheme Permit; or

(e) 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

(f) a bus lane, tram lane or transit lane; or

(g) 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.



(h) a position where a clear width of 3 metres has not been left for the passage of vehicles; or

(i) any other place where an illegally parked or abandoned vehicle is causing or may cause a hazardous obstruction; or

(j) 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:

(a) causing an unlawful obstruction; or

(b) a danger to road users; or

(c) getting in the way of or likely to get in the way of traffic;

the provisions of this Part relating to unlawfully parked vehicles apply, with any necessary modifications.

Notice to the Owner

27

(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:



(a) 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

(b) 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:

(a) in the case of a registered vehicle, within 14 days after the service of a notice upon the owner; or

(b) 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



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:

(a) a description of the part of the road affected; and

(b) the period of time over which the restriction applies; and

(c) the classes of vehicle which are prohibited; and

(d) 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:

(a) a description of the class of vehicles prohibited or the limit of vehicle size permitted; and

(b) a brief description of the road, part of the road or length of road involved; and

(c) the period of time over which the restrictions apply; and

(d) 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.



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 -

(a) the amount of damage (if any) likely to be caused to the road by the vehicle mentioned in the application; and

(b) the type and weight of the vehicle; and

(c) the goods to be transported and the weight of those goods; and

(d) alternative roads which are available; and

(e) the necessity to impose special speed limits; and


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



to cease such contravention, such toy vehicle or bicycle may be removed by an Authorised Officer and impounded.



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:

(a) resident parking schemes may be introduced in streets which are primarily residential in nature or in primarily residential sections of mixed use streets; and

(b) 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:

(a) 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

(b) 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



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)(a) rather than sub-clause (1)(b).

(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:

(a) eligibility; and

(b) how to apply for a permit; and

(c) the cost of the permit; and

(d) 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.



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:

(a) allows an eligible vehicle to be parked in an area reserved for vehicles displaying an appropriate disabled persons parking permit; and

(b) 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.



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.



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:

(a) lodging with the Council an application in a form of the effect of Schedule 8; and

(b) 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.



(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:

(a) the payment of a fee or charge; and

(b) a time limit to be applied either specifying the duration commencement or completion date; and

(c) the happening of an event; and

(d) the rectification, remedying or restoration of a situation or circumstance; and

(e) where the applicant is not the owner of the subject property, the consent of the owner; and

(f) 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.


Cancellation of a Permit

47

(1) The Council may cancel a permit if it considers that:

(a) there has been a serious or ongoing breach of the conditions of the permit; or

(b) a notice to comply has been issued but not complied with within the time specified in the notice to comply; or

(c) there was a significant error or misrepresentation in the application for the permit; or



(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) a clerical mistake or an error arising from any accident, slip or omission; or

(b) an evident material miscalculation or an evident material mistake of description of a person, thing or property.

(2) The Council must notify a permit holder in writing of any correction.

Registers

49

(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.



Exemptions

51

(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.


(5) An exemption from the requirement to obtain a permit may be cancelled or corrected as if it were a permit.

Offences

52

(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.


Delegation

53

(1) In accordance with section 114 of the Act, the Council delegates to:

(a) 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



(b) an Environmental Health Officer and to any person for the time being acting for that person the power to issue or refuse permits and apply conditions, exercise discretions and require additional information.



PART 9 - ENFORCEMENT Power of Authorised Officers to Direct - Notice to Comply

54 An Authorised Officer may by serving a notice to comply in the form or to the effect of Schedule 9 direct a person who appears to be in breach of this Local Law to remedy any situation which constitutes a breach under this Local Law.

Time to Comply

55

(1) A notice to comply must state the time and date by which the situation must be remedied.

(2) The time required by a notice to comply must be reasonable in the circumstances having regard to:

(a) the amount of work involved; and

(b) the degree of difficulty; and

(c) the availability of necessary materials or other necessary items; and

(d) climatic conditions; and

(e) the degree of risk or potential risk; and

(f) any other relevant factor.

Failure to Comply with a Notice to Comply

56 A person who fails to comply with a notice to comply served on that person is guilty of an offence.

Penalty: Five (5) Penalty Units

Power of Authorised Officer to Act in Urgent Circumstances

57

(1) In urgent circumstances, arising as a result of a failure to comply with this Local Law, an Authorised Officer may take action to remove remedy or rectify a situation without first serving a notice to comply if:

(a) the Authorised Officer considers the circumstances or situation to be sufficiently urgent and that the time involved or difficulties associated with the serving of a notice to comply may place a person, animal, property or thing at risk or in danger; and

(b) wherever practicable, a Senior Officer is given prior notice of the proposed action.



(2) In deciding whether circumstances are urgent, an Authorised Officer must take into consideration, to the extent relevant:

(a) whether it is practicable to contact:

(i) the person by whose default, permission or sufferance the situation has arisen; or

(ii) the owner or the occupier of the premises or property affected; and

(b) whether there is an urgent risk or threat to public health, public safety, the environment or animal welfare.

(3) The action taken by an Authorised Officer under sub-clause (1) must not extend beyond what is necessary to cause the immediate abatement of or minimise the risk or danger involved.

(4) The Authorised Officer who takes action under sub-clause (1) must ensure that, as soon as practicable:

(a) details of the circumstances and remedying action are forwarded to the person on whose behalf the action was taken; and

(b) a report of the action taken is submitted to the Chief Executive Officer.

Power of Authorised Officer to Impound

58

(1) An Authorised Officer may seize and/or impound any vehicle or item which is found where there has been a contravention of this Local Law.

(2) If an Authorised Officer has seized or impounded anything in accordance with this Local Law, the Council may refuse to release it until the appropriate fee or charge for its release has been paid to the Council.

(3) The Council may, by resolution, fix charges (generally or specifically) for the purposes of this clause.

(4) As soon as possible after the seizure or impounding and where practicable to do so, the Authorised Officer must serve written notice on the owner or person responsible for the item which has been seized or impounded setting out the fees and charges payable and time by which the item must be retrieved.

(5) If after the time required in a notice of seizure or impounding seized or impounded item is not retrieved, an Authorised Officer may take action to dispose of the seized or impounded item according to the following principles:



(a) where the item has no saleable value, it may be disposed of in the most economical way: and

(b) where the item has some saleable value the item may be disposed of either by tender, public auction or private sale but failing sale may be treated as in paragraph (a).

(6) When the identity or whereabouts of the owner or person responsible for the seized or impounded item is unknown, the Authorised Officer must take reasonable steps to ascertain the identity or whereabouts of that person and may proceed to dispose of the seized or impounded item in accordance with sub-clause (5) once he or she is satisfied that all reasonable efforts have been made to contact the owner or person responsible for the seized or impounded item.

(7) Any proceeds from the disposal of seized or impounded items under this Local Law must be paid to the owner or to the person who, in the opinion of the Council, appears to be authorised to receive the money except for the reasonable costs incurred by the Council in the administration of this Local Law.

(8) If a person described in sub-clause (6) cannot be identified or located within six months after the date of the notice of seizure or impounding, any proceeds of the sale cease to be payable to that person, and may be retained by the Council for municipal purposes.

(9) Sub-clauses (2) – (8) inclusive do not apply to the seizure or impounding of any item where the nature of the item seized or impounded is such that it would be impracticable to return the item to:

(a) the person from whom it was seized or impounded; or

(b) the owner.

(10) Where sub-clause (9) applies, the seized or impounded item may be sold, destroyed or given away.

Offences

59

(1) A person who –

(a) contravenes or fails to comply with any provision under this Local Law; or

(b) contravenes or fails to comply with any condition contained in a permit issued under this Local Law; or

(c) contravenes or fails to comply with a notice to comply within the time specified in the notice to comply -



is guilty of an offence and is liable to:

(d) the penalty stated under a provision, or, if no penalty is stated, a penalty not exceeding $500 for a first offence;

(e) a further penalty of $200 for each day after conviction during which the contravention continues; and

(f) upon conviction for a second or subsequent offence, double the penalty stated under a provision or $2,000, whichever is the lesser, or, if no penalty is stated, a penalty not exceeding $2,000.

(2) As an alternative to prosecution for an offence, a person may be served with an infringement notice.

Infringement Notices

60

(1) The penalty fixed in respect of an infringement notice is the amount set out in Schedule 1.

(2) An Authorised Officer may issue an infringement notice in the form of the infringement notice in Schedule 2.

Payment of Penalty

61

(1) A person issued with an infringement notice may pay the penalty indicated to the Chief Executive Officer, Kingston City Council, Council Offices (wherever located from time to time).

(2) To avoid prosecution, the penalty indicated must be paid within 28 days after the day on which the infringement notice is issued.

(3) A person issued with an infringement notice is entitled to disregard the infringement notice and defend the prosecution in court.



SCHEDULE 1 LOCAL LAW NO. 2

INFRINGEMENT NOTICE PENALTIES FOR OFFENCES AGAINST THIS LOCAL LAW

Clause Offence Units 9(l) Unauthorised road opening, works etc. 2 10 Vehicle crossing non compliance 2 11 Asset Protection 2 12 Street party, street festival or Street procession 2 15(1) Leave shopping trolley in road, Council land or other land not under the care and control of the shopping trolley owner. 1 16(1) Display goods and/or signs without first obtaining a permit. 2 17(1) Outdoor eating facilities on road etc. without first obtaining a permit 2 18(1) Trading on roads and in public places without or contrary to the conditions of a permit 4 19(1) Solicit or collect gifts, money or subscriptions without a permit 2 19(2) Collect or solicit contributions from vehicles (ie. “Highway Collection”) without first obtaining a permit 2 19(3) Conduct a windscreen cleaning or similar service on a road or or Council land without first obtaining a permit. 2 20 Sell or offer for sale goods and or food at a street stall without first obtaining a permit 2 21 Trade from a site prohibited by the Council 4 22 Encroachments or Obstruction on roads and footways 2 23 Repairing a vehicle(s) on a road or Council land 2 24 Leave unregistered or unroadworthy vehicle on a road 2 34(1) Exceed the load limit of a road 2 35(2) Use a toy vehicle or bicycle in a prohibited area 5 35(4) Use a toy vehicle to inconvenience, obstruct, endanger, alarm, or prevent the free passage of any pedestrian. 5 46 Failing to comply with a condition of a permit 2 51(4) Failing to comply with a condition of an exemption 2 52(1) False representation or omission of relevant information in application for permit or exemption 5 56 Failing to comply with a notice to comply 2



SCHEDULE 2

CITY OF KINGSTON No. 00000 Penalty Notice Date of Notice Traffic [ ] Parking [ ] Litter [ ] E.P.A. [ ] Local Laws [ ] Recreation Vehicle [ ] Marine Act [ ] OTHER [ [ Family Name (or Company) Given Names Address Licence/Works Approval/Permit No. Vehicle/Boat Reg No. State: Type: Your Offence Penalty Code $ Time Street am pm Date Place / / Information about the offence You are entitled to disregard this notice and defend the prosecution for the offence in court

BY POST Within 28 DAYS send this notice and a cheque or money order for the FULL AMOUNT (not part payments) to: P.O. Box

HOW TO PAY THE PENALTY IN PERSON Within 28 DAYS take this notice and your payment for the FULL AMOUNT to: Municipal Office Kingston City Council 9.00am - 4.00pm Mon – Frid

NOTE: CHEQUES or MONEY ORDERS should be marked “NOT NEGOTIABLE” and made out to: City of Kingston

IF PAYMENT IS NOT RECEIVED WITHIN 28 DAYS, COSTS WILL BE ADDED AND THE MATTER WILL BE TAKEN TO COURT. (FOR DETAILS READ THE OTHER SIDE OF THIS NOTICE) Signature of Issuing Officer Name Office Address



SCHEDULE 3 - INDEMNITY

The applicant agrees to indemnify the Council, its members, employees and agents, against all suits, actions, proceedings, claims, demands, costs, expenses, losses and damages for which it becomes or may become liable in respect of or arising out of any personal injury or loss or damage of property suffered by any person in connection with the applicant's use of a road or Council land under Local Law No. 2. The applicant also warrants to observe its obligations under Local Law No. 2, and pursuant to the relevant permit, and will pay and make good to the Council all losses, damages, costs and expenses thereby arising or incurred by the Council in connection with the permit, excluding all damages, costs and expenses caused by the Council's negligence, or the negligence of its members, employees or agents. Applicant ................................................ Witness: ...................................................... Date:



KINGSTON CITY COUNCIL

LOCAL LAW 2 - SCHEDULE 4

NOTICE OF IMPOUNDING

TO: ....................................................... OF: .......................................................

The following item(s) has/have been impounded in accordance with the

provisions of Local Law 2 of the City of Kingston. ........................................................................................................................ ........................................................................................................................ (Description of item(s) impounded) You may collect the item(s) by attending at the Municipal Offices between the

hours of and to see and by payment of the following:

....................................................................................................................... ....................................................................................................................... ....................................................................................................................... (Details of all fees and charges) TOTAL $............... If you fail to collect the items(s) and pay the required fees and charges by ...........................(date) the Authorised Officer will proceed to dispose of the

items in accordance with the provisions of the local laws of the Kingston City Council.

DATE: ........................................... .............................................................. Signature of Authorised Officer TELEPHONE NUMBER: ................................. .................................................................

Name of Authorised Officer





APPLICATION FOR A PERMIT TO CONDUCT A STREET PARTY, STREET FESTIVAL OR STREET PROCESSION

I,...............................................................of .......................................................................... ................................................................. Contact Telephone Number .............................. hereby make application to conduct a Street Party / Street Festival / Street Procession from .......am to .......pm on the day(s) of .............................................................................. The function will be conducted at ........................................................................................ and will require the closure of .................................................................................Street(s) from ........ am/pm on ..../..../.... until ......... am/pm on ..../..../..... The approximate number of people attending the function will be ........................ Nature of the Function I seek permission to: ................................................................................................................................................................................................................................................................................................................................................................................................................................................ ................................ Date: / / Fee Paid $.................. Receipt No.................. Signature of Applicant ............................................... Date: / / Application Granted Yes / No Signature of Owner where required





PERMIT TO CONDUCT A STREET PARTY, STREET FESTIVAL OR

STREET PROCESSION

I,..............................................................of .............................................................................. ................................................................................................................................................... is hereby granted permission to conduct a Street Party / Street Festival / Street Procession at ...................................................................................................................................................

Location of proposed function in accordance with his/her application made on the ..../..../..... Such permission is granted conditionally that the provisions of Local Law No.2 be strictly adhered to, and that any breach of those provisions may render the Applicant liable to action in accordance with the provisions of the Local Law. .............................................................. Date ....../...../..... Authorised Officer



(FRONT PAGE)



APPLICATION FOR A RESIDENT PARKING PERMIT

( To Accompany Notification to Residents ) Resident Parking Permits are issued to eligible residents’ vehicles, and only apply to

areas that are declared as permit areas. APPLICATIONS For each vehicle you feel is eligible, send an application form and a copy of the

vehicle’s Registration Certificate. The vehicle must be registered at the address to which the permit relates, if not on receipt of a Statutory Declaration that the vehicle registration is currently being transferred to that address a temporary three month permit will be issued. When the transfer is complete, application for full permit must be made.

Vehicles exceeding six (6) metres in length are not permitted to park on any public roadway for a period exceeding one hour. Such vehicles are not eligible for

a Resident Parking Permit. ........................................................................................................................................ RESIDENT PARKING SCHEME APPLICATION FORM ( Please print in BLOCK letters) I wish to apply for a permit for my vehicle to be used in accordance with the Council’s Resident Parking Scheme. Name: ........................................... ................................................... Surname Other Names

Address: ....................................................................................................................... Number of Other Vehicles Garaged at this Address: .............................. Vehicle Registration Number: ........................ Signature of Applicant....................................................... Date .................................



BACK PAGE

DECLARATION FOR A TEMPORARY RESIDENT PARKING PERMIT

I…..........…………………………………of…………………………………………….. …………………………………………………………………in the State of Victoria Do solemnly and sincerely declare: That I reside at………………………………………………………………………… And that Motor Vehicle Registered Number…………………...is usually garaged at This address, and its Registration Certificate is currently being amended to show this address as my residential address. AND I make this solemn declaration, conscientiously believing the same to be true and by virtue of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury. …………………………………………….. Applicants Signature Declared at…………………………………..in the State aforesaid, this ………………….day of……………………….. ………………. Before me…………………………………………………………….



SCHEDULE 8 - APPLICATION FOR PERMIT



SCHEDULE 9 – NOTICE TO COMPLY To: Name: ........................................................................................... Address: ........................................................................................... ........................................................................................... You have, in the opinion of the Kingston City Council (the Council) or an Authorised Officer of the Council, committed a breach of clause ............. of the Council's Local Law No. 2 by ................................................................................................................................... To remedy the breach you must do the following, within .......... days from the date of this Notice: ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... You should contact ..................................................................................................... at the Municipal Office, ................................................................................. between the hours of ................................... for any further information about this Notice. If you fail to comply with this Notice you will be guilty of an offence and liable to a penalty of $500 and the Council will carry out any required work, for the cost of which, in addition to the above penalty, you will liable. The amount outstanding, if not paid as required, will be recorded as owing in respect of the property and noted on any land information certificate which is issued. Date .......................................................... Name of Authorised Officer: .................................................................................... Telephone no: .......................................... Signature of Authorised Officer: .............................................................................. Note: If this Notice relates to a contravention of a permit and you do not comply with the Notice, the permit may be cancelled. If you do not wish to have the permit cancelled you should comply with the directions in this Notice or show cause to the Council in writing why the permit should not be cancelled.



Council resolved to give notice of its intention to adopt this Local Law on 25 July

2005, and resolved to adopt the Local Law on 24 October 2005.

Notices of the proposal to make and of the making of this Local Law were included in

the Victorian Government Gazette dated 15 September 2005 and 3 November 2005.

The Public Notice of the proposal to make and confirmation of the making of this

Local Law was given in local newspapers on 3 August 2005 and 2 November 2005. CERTIFICATION OF LOCAL LAW No. 2. This is to certify the above is a true copy of the Local Law of the Kingston City

Council and that the legislative requirements necessary to giving validity to such

Local Law have been fulfilled. And we further certify that such Local Law came into

force on the 3 November 2005.

The Common Seal of the City of Kingston was hereby affixed in the presence of: Councillor Chief Executive Officer

2013 local law 2 - kingston city council · city of kingston local law no. 2 _____ [5171862:...

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