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Proposal to Make Community Local Law – Local Law No. 2

Proposal to Make Community Local Law – Local Law No. 2

Notice is given that at its Meeting on 21 February 2017, Swan Hill Rural City Council (Council) proposed to make a local law titled ‘Community Local Law – Local Law No. 2’ (the Proposed Local Law).

The following information about the Proposed Local Law is provided in accordance with section 119 of the Local Government Act 1989 (Act):

Purpose of the Proposed Local Law

If made, the purposes of the Proposed Local Law will be to provide for:

  1. the peace, order and good governance of the municipal district;
  2. a safe and healthy environment so that the community can enjoy a quality of life that meets its expectations;
  3. the safe and equitable use and enjoyment of public and municipal places;
  4. the protection and enhancement of the amenity and environment of the municipal district;
  5. the fair and reasonable use and enjoyment of private land;
  6. the uniform and fair application of this Local Law;
  7. the prevention of damage to Council property and infrastructure;
  8. the management, regulation and control of the keeping of animals and birds;
  9. the regulation, prohibition and control of the consumption of alcohol in designated areas within the municipal district; and
  10. the revocation of the redundant Local Law No.2 which commenced operation on 26 July 2007.

General Purport of the Proposed Local Law

If made, the Proposed Local Law will revoke Local Law No. 2 and:

  • provide for the incorporation of Council’s Trading Code of Practice, Building and Works Code of Practice and Waste Code of Practice;
  • provide for the administration and enforcement of the Local Law and empower Council and authorised officers to issue permits, Notices to Comply, act in urgent circumstances and impound things;
  • provide for infringement notices to be served on those whom an authorised officer has reason to believe is guilty of an offence;
  • create offences relating to:
    • works undertaken on roads and Council land;
    • occupation of roads for works, including the erection of hoardings and use of cranes, forklifts and similar machinery;
    • the construction and use of vehicle crossings;
    • use of vehicles in a municipal place;
    • use of rollerblades, skateboards, self-propelled scooters and similar devices on Council land, roads or a public place in a way that could injure others or cause damage the place;
    • failure to remove a vehicle when directed to do so by an Authorised Officer;
    • placement of unregistered vehicles, or abandonment of vehicles, on any road or municipal place;
    • vegetation that obstructs the clear view of drivers or pedestrians or otherwise interferes with traffic signs and the like;
    • the placement of signs and fences on any land such that it obstructs the passage and clear view of drivers or pedestrians and interferes with the safe use of the road;
    • erecting or removing signs applying names to roads;
    • display of house numbers;
    • behaviour on Council land, including committing a nuisance, destroying, damaging, interfering with or defacing Council land or anything on it, entering areas designed for land or vegetation establishment and urinating, defecating, spitting or vomiting;
    • interference with street trees and shrubs;
    • entering, swimming or throwing items and objects into any wetland, fountain or similar in a municipal place or public place;
    • acting contrary to signs regulating the use of any Council land or a person’s conduct on that land;
    • consumption of alcohol and possession of unsealed containers in any place the subject of a Council resolution;
    • smoking in any place the subject of a Council resolution and failing to comply with a direction of an Authorised Officer to extinguish and dispose of a cigarette in such a place;
    • behaviour in swimming pools, including committing a nuisance, interference with other users of the swimming pool and entering without paying applicable fees
    • the display of goods and placement of advertising signs and tables, chairs, barriers and the like on roads and municipal places;
    • soliciting to collect gifts or subscriptions house to house or on any road or municipal place without a permit;
    • busking on a road or municipal place without a permit;
    • conducting events, festivals and similar gatherings within the municipal district without a permit;
    • placing clothing bins on a road or municipal place without a permit;
    • allowing graffiti to remain on any building, wall, fence or other structure on private land for more than four weeks;
    • leaving shopping trolleys on any road or municipal place other than an area designated for that purpose;
    • spruiking or otherwise emitting noise which interferes with a person’s use and enjoyment of adjacent or nearby premises;
    • land and structures on land that is, or are, unsightly, detrimental to the amenity of the locality of the land or dangerous;
    • emission of offensive odours and materials by burning or by other processes;
    • camping on Council land or public places without a permit;
    • parking, or allowing to be parked, more than one caravan on land in a residential area without a permit;
    • erection of temporary dwellings;
    • tapping into Council drains without a permit;
    • interference with watercourses on Council land without a permit;
    • interference with Council drains without a permit;
    • deposit of anything other than recyclable material in a mobile garbage bin provided for the recycling of household waste;
    • transportation of waste so as to avoid leakage and escape of offensive odours;
    • the number of animals that can be kept on any land, including the manner in which they are kept;
    • keeping dogs and cats on leash;
    • nuisances caused by bees kept on private land;
    • destruction of wasp nests on private land;
  • provide for the management of vehicle crossings more generally;
  • provide for the introduction and management of a residential parking permit scheme;
  • provide for the prescription of certain areas (eg as areas where alcohol or smoking is not permitted);
  • fix expectations for open air burning; and
  • provide for the application of the Building and Works Code of Practice to building works and building sites.

Copies of the Proposed Local Law and the Local Law Community Impact Statement may be inspected at Council’s Business Centre at 45 Splatt Street, Swan Hill, and Council’s Resource Centre at 72 Herbert Street, Robinvale during office hours, and on Council’s website.

Any person may make a written submission relating to the Proposed Local Law. All submissions received by Council on or before 29 March 2017 at 5pm will be considered in accordance with section 223 of the Act. Submitters should note that all submissions are made available to the public in full (including any personal information). 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 Special Council Meeting (either personally or by a person acting on his or her behalf). The date and location of the Submission Hearing will be notified.

Submissions should be marked ‘S.223 Submission on Proposed Community Local Law 2017’ and lodged at the above offices of Council, or sent to Council at Swan Hill Rural City Council, PO Box 488, Swan Hill VIC 3585 or emailed to council@swanhill.vic.gov.au. Enquiries should be directed to Trish Ficarra (03)5036 2586.

Council will meet to consider making a local law in the form of the Proposed Local Law at an Ordinary Meeting in 18 July 2017.

John McLinden
Chief Executive Officer