Proposed Local Law No. 8: General Local Law

Maroondah City Council is considering making a local law to be known as "Local Law No. 8: General Local Law".

The following information about the proposed local law is provided in accordance with section 119 of the Local Government Act 1989:

Purpose of the Proposed Local Law

The purposes of this Local Law is to:

  • revoke Local Laws 4, 5 and 6 made by Council
  • provide for and assure equitable, orderly and enjoyable use by people of community facilities, including roads
  • protect Council property and other community assets from loss or unnecessary or avoidable damage
  • support provision by Council of a safe, clean and healthy environment in areas under its control and management; and 
  • provide generally for the peace, order and good government of the municipal district.

General purport of the Proposed Local Law

The proposed local law, if made, will:

  • revoke Local Law No. 4, Local Law No. 5 and Local Law No. 6;

  • provide for the restriction of access to municipal buildings and municipal reserves, and make it an offence for a person to engage in specified conduct in a municipal building or municipal reserve;

  • make it an offence for a person to interfere with Council property; 

  • require an owner of land on which building works are to be carried out to obtain an Asset Protection Permit, and comply with specified requirements concerning such building works (including compliance with a Building Site Code of Practice);

  • make it an offence for an owner of land not to have a vehicle crossing in specified circumstances or to install, construct, alter or reconstruct a vehicle crossing in specified circumstances;

  • make it an offence for an owner of land not to comply with specified requirements concerning vehicle crossings, or to retain a second vehicle crossing without Council consent;

  • make it an offence for a person to engage in specified conduct on Council land or roads;

  • make it an offence for a person on a road, Council land or open space to possess or consume liquor, in specified circumstances;

  • make it an offence for a person in the vicinity of licensed premises to engage in specified conduct;

  • make it an offence for a person to place specified vehicles or objects on a road or Council land, or sell or offer for sale goods or services on a road or Council land;

  • make it an offence for a person to busk on a road or Council land without Council consent;

  • make it an offence to solicit gifts of money or subscriptions on a road or Council land, or from house to house, without Council consent;

  • make it an offence for a person to organise, conduct or hold a street party, festival or procession on a road, without Council approval;

  • make it an offence for a person to disregard a Council sign on a road or Council land;

  • make it an offence to engage in specified conduct on a shared pathway;

  • make it an offence for a person to use a toy vehicle in disregard of a restriction imposed by Council, or to use a toy vehicle in a specified manner;

  • make it an offence for a person to repair vehicles on a road or Council land in specified circumstances;

  • make it an offence for a person to obstruct a road or Council land or interfere with Council infrastructure assets, in specified circumstances;

  • make it an offence for an owner of land abutting Council land to maintain a gate, door or other means of access of a specified kind;

  • make it an offence for a person to place chairs and tables on a road or Council land, without Council consent;

  • make it an offence for a person to place or display goods for sale (or allow or direct another person to do so) on a road on Council land, without Council consent;

  • make it an offence for a person to engage in specified conduct on any building, fence or other property under the control of or vested in Council, without Council consent;

  • make it an offence for a person to erect or place an advertising sign on Council property (or cause another person to do so), without Council consent;

  • make it an offence for a person to erect or place any structure, banner or the like on or across any Council land, without Council consent;

  • make it an offence for a retailer within the Ringwood retail precinct not to use a specified kind of shopping trolley;

  • make it an offence for an owner of land to place a clothing bin on unless specified conditions are met;

  • make it an offence for a person to abandon a vehicle (whether registered or not) in public place;

  • make it an offence for a person to park in an area designated for resident parking, without Council consent;

  • make it an offence for an owner or occupier of land not to use a property address allocated by Council;

  • make it an offence for an owner or occupier of land not to take specified measures to prevent a fire from starting or spreading;

  • make it an offence for a person to light a fire in the open air or an incinerator, in the circumstances specified;

  • make it an offence for an owner or occupier of land to cause or allow his or her land to adopt a specified condition;

  • make it an offence for an owner or occupier of land to cause or allow his or her land to be used for the storage of dangerous or hazardous substances, in the manner specified;

  • make it an offence for a person to use land for the storage of vehicles or machinery, or for the dismantling or breaking up of vehicles or machinery, without Council consent;

  • make it an offence for a person to use residential land for the repair or servicing of vehicles which are unregistered or not normally housed on that land, without Council consent or unless specified circumstances exists;

  • make it an offence for an owner or occupier of premises to install an intruder alarm which does not have specified characteristics, or not to comply with a Council direction concerning any such intruder alarm;

  • make it an offence for an owner of land on which building works are to be carried out not to install an approved toilet system on that land before the building works commence;

  • make it an offence for a person to camp on Council land or a road (including in a caravan), without Council consent or unless specified circumstances exist;

  • make it an offence for an owner or occupier of land to allow a tree or vegetation to grow, so as to overhang an abutting road or present a hazard of the kind specified;

  • make it an offence for an owner or occupier of land not to take specified measures when immediately becoming aware of the existence of a wasps nest or beehives on that land;

  • make it an offence for an owner or occupier of land to keep certain types of animals, or keep certain types of animals in specified numbers, without Council consent;

  • make it an offence for a person in charge of an animal not to remove and dispose of that animal's faeces once deposited on land belonging to another;

  • make it an offence for an owner of an animal and an owner of the land on which the animal is kept not to ensure that the land is adequately fenced, so as to prevent the animal escaping and straying;

  • providing for a domestic waste, recyclable materials, hard waste and green organics collection service; 

  • make it an offence for a person to remove or interfere with certain waste receptacles put out for collection;

  • make it an offence for an owner of land to place or allow to be placed on the land a trade waste hopper, unless it meets specified requirements;

  • make it an offence for a person to place or leave or allow to remain on land a container (such as a disused refrigerator) which has specified characteristics, unless specified precautions are taken;

  • make it an offence for a person to interfere with a Council drain, or discharge any substance into the drain, without Council consent or other authority;

  • make it an offence for an owner or occupier of land not to ensure that any structure on the land is connected to a legal point of discharge, and to obtain a permit from Council before undertaking certain drainage works;

  • make it an offence for an owner of land not to comply with a Council notice concerning drainage, or to not comply with a direction from Council concerning drainage;
    § regulate applications for, and the granting of, permits under the proposed local law;

  • regulate the correction, revocation, and registration of permits;

  • create an offence for a person who fails to comply with a Notice to Comply;

  • empower an Authorised Officer to impound, cause the surrender of, sell, destroy or give away certain objects; 

  • empower an Authorised Officer to issue an infringement notice for contravention of the proposed local law, which may incur a penalty specified in the proposed local law; and

  • make it an offence for a person to give false information to an Authorised Officer or to mislead or deceive, or omit relevant information submitted to, a member of Council staff acting in accordance with his or her duties.

View the proposed Law

A copy of the proposed local law may be inspected at the Council office in Braeside Avenue, Ringwood during office hours.  Other copies of the proposed local law may be inspected at Council's Customer Service Centres (during their normal operating hours) and from the link below:

  Proposed Local Law No. 8 General Local Law (PDF, 615kB)

Submissions

Any person affected by the proposed local law may make a submission relating to it to the Council.  All submissions received by the Council within 28 days of the publication of this notice will be considered in accordance with section 223 of the Local Government Act 1989 (Vic).  Any person making a submission is entitled to request (in the submission itself) to be heard in support of the submission by appearing before a meeting of a Council committee (either personally or by a person acting on his or her behalf).  In that event, the person and will be notified of the date and time of the hearing. 

Submissions should be lodged at the above office of the Council or posted to Council at PO Box 156 Ringwood 3134.  Enquiries should be directed to Ms Judy Morris, telephone 9298 4491.Council will meet to consider making a local law in the form of the proposed local law at its meeting on 16 November 2009.



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