This Local Law is called the Community Local Law 2017 and is referred to below as 'this Local Law'.

OBJECTIVES OF THIS LOCAL LAW

The objectives of this Local Law are to:

2.1 Provide for the peace, order and good government of the municipal district of the City of Ballarat;

2.2. Secure community safety and enhance and protect community amenity;

2.3. Protect public assets and ensure that the public can properly use and enjoy public reserves by regulating activities and behaviour in public reserves;

2.4. Prohibit, regulate and control the consumption of alcohol in designated areas within the municipality;

2.5. Manage, regulate and control the different uses of roads, Council land and footpaths to ensure that there is a proper balance between private uses and the need to maintain freedom of movement for the public;

2.6. Manage, regulate and control the keeping of animals and birds;

2.7. Control and regulate emissions to the environment in order to improve the amenity, environment and quality of life in the municipality;

2.8. Embrace best practice local law-making principles of accessibility, accountability, compliance, consistency, currency, efficiency, enforceability, necessity and transparency;

2.9. Be consistent with the Council’s overall objectives and strategies, in particular:

2.9.1. To enhance health, wellbeing and quality of life of Ballarat communities, through healthy lifestyles, healthy environments, and connected, creative and strong communities;

2.9.2. To secure Ballarat's economic future by supporting businesses, facilitating major infrastructure and investment and encouraging a vibrant leading city for tourism, arts, culture and events;

2.9.3. To partner with our community to protect and enhance our natural ecosystems and to encourage sustainable design and reduced resource consumption by protecting natural areas, supporting our community to live sustainably; and

2.9.4. To provide cost effective services that meet the changing needs of the community through an efficient and customer focused organisation, sustainable financial management, an informed and engaged community and a safe work environment;

2.10. Provide for the administration of the Council’s powers and functions; and

2.11. Revoke Community Local Law No. 17 of 2008.

The Council’s authority to make this Local Law is contained in section 111 of the Local Government Act 1989, section 42 of the Domestic Animals Act 1994 and Clause 52.27 and 62.01 of the Planning Scheme.

This Local Law operates from the day following its making.

Unless this Local Law is revoked sooner, its operation will cease on the tenth anniversary of its making.

The following Local Laws of the Council are revoked:

6.1. Community Local Law No. 17 of 2008.

7.1. This Local Law applies to the whole of the Municipal District, except where it is apparent from its wording that a Clause or provision applies to a specific area.

7.2. Where this Local Law applies to a Road, it applies to all parts of the Road.

7.3. The provisions of this Local Law apply to the extent that they are not inconsistent with any Act or Regulation applicable to the Council or its Municipal District.

7.4. Where this Local Law prohibits any act, matter or thing or provides that such act, matter or thing can only be done or exist with a Permit, that prohibition or provision will not apply if the act, matter or thing can be done or can exist by reason of an express permission in the Planning Scheme.

7.5. References to any land in this Local Law include buildings and other structures permanently affixed to the land and any land covered with water and any structures over any water affixed to the land or to the land covered with water.

Parts 1 to 7 of this Local Law set out provisions for meeting the objectives of this Local Law, organised in a community focused, user-friendly structure. Part 1 and Part 7 focus on matters generally described as preliminary and administrative, including objectives, scope, definitions, powers, permits, appeals, fees and penalties. Part 2 is a collection of laws as they apply to an individual’s home and property, extending to any animals and waste collection. Part 3 deals with laws about vehicles and activities which occur on streets and roads (including stock movements). Part 4 is a collection of laws related particularly to business activities and to building and construction. Part 5 deals with alcohol consumption and smoking. Part 6 contains those laws concerned with Municipal Places and Council’s reserves, landfill sites and buildings.

These laws include prohibited behaviours and permitted activities in these places. Schedule 1 sets out a summary of maximum penalties and Infringement Notice penalties for breaches of this Local Law.

Included in this Local Law, where appropriate, are examples and Discretion Guidelines to which the Council and its staff must have regard to in exercising discretions under this Local Law.

Reference is also made throughout this Local Law to the other Acts, Regulations, Rules and documents, as amended from time to time, but these documents are not incorporated by reference into this Local Law.

If a provision of any document incorporated by reference, or referred to, in this Local Law is inconsistent with any provision in this Local Law (excluding State and Commonwealth Legislation and the Regulations made under that Legislation and any relevant Planning Scheme), the provision in this Local Law prevails.

Definitions