Definitions

56.1. For the purposes of this clause, Council may at any time prescribe all or part of any Municipal Place to be a place where the consumption or possession of Liquor is prohibited or regulated including limited to certain times of the day, certain days of the year, defined public holiday periods, special events or particular places.

56.2. A Person must not, at any time:

56.2.1. on a Road;

56.2.2. in any Motor Vehicle within any Municipal Place other than a Road;

56.2.3. any part of the municipal district prescribed by Council under sub clause 56.1;

56.2.4. in any Municipal Place consume any Liquor or have in his or her possession or control any Liquor other than Liquor in a container with an unbroken seal.

56.3. Sub clause 56.2 does not apply to a Person:

56.3.1. participating in a Festival or Special Event in respect of which Council has granted a Permit for persons to consume Liquor or to have in their possession or control Liquor other than Liquor in a container with an unbroken seal; or

56.3.2. In a Municipal Place and acting in accordance with a Council prescription under sub-clause 56.1;

56.3.3. On a premises that is licensed under the Liquor Control Reform Act 1998.

56.4. If a Person contravenes sub clause 56.2, a member of Victoria Police or an Authorised Officer or Delegated Officer may direct the person to do all or any of the following:

56.4.1. Cease consuming liquor;

56.4.2. Leave the Municipal Place; and

56.4.3. Dispose of the contents of the container.

56.5. A Person must comply with a direction given under sub clause 56.4.

56.6. If a Person does not comply with a direction given under clause 56.4, an Authorised Officer may confiscate any unsealed container of liquor associated with the contravention

57.1. The Council may by resolution, or as a condition of a permit, declare any part of a Road, Reserve, or Municipal Place free of glass containers, and that declaration may be unconditional or limited to certain times of the day, certain days of the year, defined public holiday periods, special events or particular places.

57.2. Where the declaration is by resolution, the Council must erect and maintain, or cause to be erected and maintained, appropriate signage indicating the boundaries days and times of those areas that are declared free of glass containers.

57.3. A Person must not, without Council authorisation, bring into, provide or use any glass container in any area that is declared free of glass containers by the Council.

58.1. The Council may by resolution, or as a condition of a permit, declare any part of a Road, Reserve, or Municipal Place to be a Smoke Free Area, and that declaration may be unconditional or limited to certain times of the day, certain days of the year, defined public holiday periods, special events or particular places.

58.2. Where the declaration is by resolution, the Council must erect and maintain, or cause to be erected and maintained, appropriate signage indicating the boundaries and/or days and times of those areas that are declared Smoke Free Areas.

58.3. A Person must not smoke in, or on, any Municipal Place, or part of a Municipal Place, that has been declared to be a Smoke Free Area and has appropriate Smoke Free Area signage erected.

59.1. Under this Local Law the Council may do any of the following in relation to any Municipal Place:

59.1.1. restrict access to all or part of a Municipal Place to any person;

59.1.2. close a Municipal Place or any part of it to the public;

59.1.3. determine the hours a Municipal Place or any part of it is open to the public;

59.1.4. establish conditions of entry to a Municipal Place or any part of it;

59.1.5. establish conditions for the use or hire of a Municipal Place or any part of it;

59.1.6. set and collect fees or charges for admission to or the hire of or the use of a Municipal Place or any part of it;

59.1.7. set and collect fees or charges for the hire or use of any Council property in connection with a Municipal Place or any part of it; and

59.1.8. authorise a person to do any of these things.

59.2. A Person must not act contrary to any restriction, closure, condition, fee, charge, hire agreement or authorised instruction in relation to a Municipal Place unless authorised by the Council to do so.

59.3. A Person must not use a Municipal Place or any part of it or any Council property in connection with it, without first paying any relevant fees or charges.

A Person must not, while in a Municipal Place, behave in a manner that endangers others or unreasonably interferes with the quiet enjoyment of the Municipal Place by any other Person.

61.1. A Person must not, unless authorised by the Council for the purpose, do the following in, or on, a Municipal Place:

61.1.1. destroy, damage, deface or interfere with the Municipal Place.

61.1.2. construct an opening or gate in a fence on the boundary of Council property;

61.1.3. remove, destroy, damage, deface or interfere with, or allow to be removed, destroyed, damaged or interfered with, the Municipal Place or thing in or on or attached to the Municipal Place;

61.1.4. act contrary to any sign, public notice or published information in relation to the Municipal Place;

61.1.5. destroy, deface, damage, remove, plant or interfere with any tree, garden bed or plant in, or on, the Municipal Place, other than for the purposes of maintaining grass on a nature strip or in accordance with a permit for cultivation of a nature strip garden issued under Clause 12;

61.1.6. do or omit to do anything which causes any natural or other material to escape or otherwise be conveyed onto a Road and thereby become a hazard; or

61.1.7. cause any damage to any Council assets in, or on, the Municipal Place as a result of a failure as an owner or occupier of any land to adequately maintain, or to rectify any faults within a reasonable time, in drainage systems, utility supply systems or any other matter for which the owner or occupier of the land is responsible for maintaining.

61.2. An Authorised Officer or Delegated Officer may remove and impound anything that is in or on a Municipal Place in contravention of this Clause.

61.3. A Person who holds an Asset Protection Permit and is acting in accordance with its purpose, scope and conditions is exempt from this provision.

62.1. A person must not enter or remain on the Aerodrome Movement Area other than:-

62.1.1. a pilot or crew member of an aircraft;

62.1.2. an employee or agent of the Council, the Civil Aviation Authority or an emergency service in performance of their duties;

62.1.3. a person who is a passenger either in an aircraft or in the process of entering or leaving an aircraft;

62.1.4. a person lawfully involved in the refueling or servicing of an aircraft; or 62.1.5. any other person authorised by the Aerodrome Manager and acting in

accordance with that authority.

62.2. The Aerodrome Manager may issue any person with an authority to leave a vehicle standing on the Aerodrome Movement Area.

62.3. Any person who leaves a vehicle standing within the Aerodrome Movement Area without an authority referred to in sub-clause 62.2 shall be guilty of an offence under this Local Law.

63.1. A Person must not, without a Permit:

63.1.1. leave or allow to be left any:

63.1.1.1. Bulk Waste Container on a Road or Council Land; or

63.1.1.2. other thing on a Road or Council Land which encroaches on, or obstructs the free use of, the Road or Council Land or which reduces the breadth, or confines the limits, of the Road or Council Land.

63.2. A Person who has left or allowed to be left a Bulk Waste Container or other thing on a Road or Council Land with or without a Permit or other authorisation, must move or remove them if directed to do so by an Authorised Officer or Delegated Officer.

63.3. If a Person reasonably suspected of having committed an offence under Sub-clause 63.1 is the driver of a Vehicle which transports a Bulk Waste Container or other thing and that person cannot be found or it is impracticable to charge that person with an offence under Sub-clause 63.1, any Person who is an owner, manager or director of the business which supplies the Bulk Waste Container or other thing which is left on and obstructs the free use of a Road or Council Land may be charged with and is capable of committing an offence under Sub-clause 63.1.

63.4. Anything left or allowed to be left contrary to Sub-clause 63.1, or in contravention of any conditions of a Permit or other authorisation, may be removed by an Authorised Officer or Delegated Officer and impounded.

64.1. A Person must not, while in a Municipal Reserve, behave in a manner that unreasonably impacts the well-being of or endangers others, or unreasonably interferes with the quiet enjoyment of the Municipal Reserve by any other Person.

64.2. A Person must not, while in a Municipal Reserve:

64.2.1. destroy, damage or interfere with any Council property;

64.2.2. act in any manner likely to cause damage to property or the environment;

64.2.3. use any children's playground equipment except for the purpose it is provided;

64.2.4. act contrary to any sign erected in the reserve;

64.2.5. feed any bird or native fauna;

64.2.6. abandon any Animal or bird;

64.2.7. destroy, damage, injure or interfere with any flora or any fauna; 64.2.8. carry or use any firearm unless authorised or licensed to do so;

64.2.9. light a fire or permit any fire to remain alight except in:

64.2.9.1. a barbecue provided by the Council; or

64.2.9.2. a portable liquid petroleum gas barbecue;

64.2.10. play any games with a hard ball except in an area set aside for that purpose; or

64.2.11. damage or interfere with the landform, flora, fauna, ground cover, soil or waterways of any area marked by signage as “protected natural environment”.

64.3. A person employed, contracted or authorised by Council for a specific purpose in a Municipal Reserve is exempt from this Clause so far as it applies to that purpose.

Any Person who intends to use a Municipal Reserve in any manner that is reasonably likely to:

65.1. increase the risk to public safety;

65.2. endanger Council assets;

65.3. diminish the comfort and the opportunity for quiet enjoyment by other users; or

65.4. cause damage to flora or fauna in or on the Municipal Reserve;

must apply for a Permit.

A Person must not undertake any of the following activities on a Municipal Reserve without first obtaining a Permit:

66.1. organise any competitive sport, game, or activity other than a sport, game, or activity played for family or social purposes;

66.2. organise any Event, unless in possession of an Event Permit from the Council; (see Clause 68 Events);

66.3. conduct or celebrate a wedding;

66.4. consume or possess any Liquor in open containers other than between sunrise and sunset (see also Clause 56 Possession and Consumption of Liquor after Sunset in Municipal Places Other than Roads);

66.5. organise or hold any rally, procession, demonstration or any other public gathering, in which case such a Permit must not be unreasonably withheld;

66.6. make a collection of money;

66.7. use an amplifier or public address system (see also Clause 38.2 public address systems on Roads and Council Land );

66.8. operate or otherwise use any watercraft, unless in an area clearly designated for the purpose;

66.9. construct or install a film set, or record for television or other media purposes, any event or activity, if the construction, installation or recording (as the case may be) is for fee or reward or commercial purposes (but excluding wedding and general photography or recording and any media photography or recording for news production purposes);

66.10. pitch any tent, or erect any temporary structure or shelter, whether for Camping or other purposes, but excluding temporary shade structures used on a daily basis for casual purpose (see also Clause 69 Camping on Council Land or a Road);

66.11. drive any Livestock (see also Clause 39 Livestock on Roads);

66.12. use, possess, ignite or engage any person for the use, possession or ignition of fireworks (see also Clause 17 Fireworks);

66.13. ride or drive a Vehicle or Animal in a manner or in a place likely to damage or ruin any grassed area or turf surface or otherwise interfere with the use of the reserve (see also Clause 31.1 Motor Bikes and Motorised Recreational Vehicles - on Council Land);

66.14. ride any horse other than in an area and at a time designated by the Council;

66.15. drive, ride in or on, park upon or otherwise use any motor vehicle other than in an area designated by the Council (note also Clause 70 Parking on Municipal Reserves);

66.16. launch into any wetland, lake, pond or other watercourse on Council Land or a Road any watercraft other than from a launching facility designated for such purpose;

66.17. Sell or offer for sale any other goods or services including any intoxicating Liquor to any Person (see also Clause 40 Displaying Goods for Sale on Council Land or a Road and Clause 41 Itinerant Trading);

66.18. operate, or cause to be operated, any amusement for which a charge is made or to make a collection of money for any purpose;

66.19. operate tour guiding, personal training or any other organised recreational activity for commercial gain;

66.20. live on or Camp in a boat moored to a Council jetty, pontoon, boat ramp or pier;

66.21. conduct repairs to any boat or watercraft moored to a Council jetty, pontoon, boat ramp or pier except in an emergency breakdown for the purpose of removing it;

66.22. erect, fix or place any advertisement for educational, cultural, political, religious, social,

or recreational purposes by any Person. Any sign erected:

66.22.1. must not be animated or internally illuminated;

66.22.2. must not exceed 5 square metres;

66.22.3. must not remain in place any longer than 14 days after the event, or remain in place any longer than 3 months (whichever time is shorter); and

66.22.4. must be placed in close proximity to the Event or other location nominated by an Authorised Officer or a Delegated Officer.

(Any Advertising Sign which does not conform to these signage requirements may be subject to a planning permit.)

66.24. An Authorised Officer or Delegated Officer when assessing whether a Permit is required, may decide that a specific activity, although included in this Clause, is of such small duration, size or other relevant factor that no Permit is required.

66.25. A Person employed, contracted or authorised by Council for a specific purpose in a Municipal Reserve is exempt from this Clause so far as it applies to that purpose.

67.1. Except as otherwise determined by the Council or an Authorised Officer or a Delegated Officer, any Municipal Reserve is open to the public from sunrise to sunset free of charge on any day.

67.2. The Council or an Authorised Officer or a Delegated Officer may, in the case of any Municipal Reserve set aside days and times upon which charges or entrance fees may be made for the use of the Municipal Reserve.

67.3. The Council or an Authorised Officer or a Delegated Officer may restrict access to any part of a Municipal Reserve whether for temporary works, for short-term or long-term lease use or for any other purpose and public access to such restricted areas may be non-existent, limited by condition or subject to a fee or donation.

67.4. A Person must not enter any Municipal Reserve whether open to the public or subject to restricted access, other than via designated access points (where applicable) during the hours of opening and subject to any conditions, fee or donation imposed, unless directed otherwise by a member of Council staff or an authorised contractor in the course of his or her employment.

68.1. A Person must not, without a Permit, hold or organise any Event on any Council Land or Road within the Municipal District.

68.2. A Person must not, without a Permit, hold or organise any Event on any land other than Council Land or a Road within the Municipal district if that Event may reasonably be expected to have a material impact on the neighbouring community or a materially increased risk to public safety or to Council assets.

68.3. The following exemptions apply in respect of this Clause:

68.3.1. an Authorised Officer or a Delegated Officer may assess an application and may decide that, based on the circumstances of the matter, a Permit under sub-clause 68.1 or 68.2 is not required (although certain activities may still require a Permit under Clauses 65-66 – Use of Municipal Reserves); and

68.3.2. an Event that is subject to a planning permit is exempt from the requirement of a Permit under Sub-clause 68.1 or 68.2.

A Person must not, without a Permit, Camp on any Council Land (including a Municipal Reserve) or a Road unless such Person is within a registered caravan park or a Camping Area.

(Camping on land other than Council Land or a Road may be permitted but may be subject to a separate Permit. See Clause 18: Camping on Land other than Council Land or a Road.)

70.1. The registered owner of a Vehicle must not, or must not allow, without a Permit, that Vehicle to be parked on any part of any Municipal Reserve other than in a parking

area that is set aside for that purpose by the Council or agreed to by the Council or an Authorised Officer or a Delegated Officer.

70.2. Sub-clause 70.1 does not apply to any Council employee, contractor or authorised person acting in the course of his or her duties.

71.1. If the Council designates an area in which a Wheeled Non-Motorised Recreational Device and/or a Wheeled Child’s Toy must not be used, it must ensure that signage is erected in, or on, that designated area, clearly identifying the location and extent of the area in which the Wheeled Non-Motorised Recreational Device and/or the Wheeled Child’s Toy must not be used.

71.2. A Person must not use a Wheeled Non-Motorised Recreational Device and/or a Wheeled Child’s Toy in an area that has been designated by the Council to be an area in which the use of such device or toy is prohibited.

71.3. Where the Council fails to ensure appropriate signage is erected as required under Sub-clause 72.1, no Person may be issued with an Infringement Notice or prosecuted for an offence under Sub-clause 72.2.

71.4. Any Person who uses a Wheeled Non-Motorised Recreational Device and/or a Wheeled Child’s Toy, or allows or permits another Person in their care or control to use a Wheeled Non-Motorised Recreational Device and/or a Wheeled Child’s Toy on Council Land, on a bike path, or on a Footpath or on any other part of a Road other than the carriageway must ensure that:

72.4.1. the use does not obstruct, hinder, endanger, prevent the free passage of, or unreasonably alarm or inconvenience any pedestrian or other user; or

72.4.2. where the Wheeled Non-Motorised Recreational Device is a bicycle ridden on a bike path, the use is not contrary to any signage restricting speed or requiring dismounting and does not by speed or other means endanger or risk endangering children, Animals or other users.

72.1. Where a Wheeled Non-Motorised Recreational Device or a Wheeled Child’s Toy has been impounded, there must be compliance with the provisions of Clause 84.

74.1. A Person must not, while in a Municipal Building, behave in a manner that endangers others or unreasonably interferes with the quiet enjoyment of the Municipal Building by any other Person.

74.2. A Person must not, while in a Municipal Building:

74.2.1. use indecent, insulting, offensive or abusive language; or

74.2.2. behave in an indecent, offensive, insulting or riotous manner.

74.3. Unless authorised by the Council or an Authorised Officer or Delegated Officer, a Person must not in a Municipal Building:

74.3.1. destroy, damage, interfere with or deface the Municipal Building;

74.3.2. destroy, damage, interfere with or deface anything located at, on or in the Municipal Building;

74.3.3. remove any object which is owned by the Council from the Municipal Building;

74.3.4. act in a manner contrary to any restriction or prohibition contained in the inscription on a sign at, on or in the Municipal Building;

74.3.5. deposit any litter, except in receptacle provided for that purpose;

74.3.6. except for a child under the age of six (6) years in the care of a responsible person, and for a carer providing assistance to a person with a disability, enter or use any dressing room, shower, convenience or other area in a Municipal Building which has been appropriated for Persons of the opposite gender;

74.3.7. sell any goods or services;

74.3.8. erect, affix, place or leave any advertisement;

74.3.9. erect, operate or cause to be erected or operated any amusement;

74.3.10. obstruct, hinder or interfere with any member of staff of Council in the performance of his or her duties;

74.3.11. act contrary to any lawful direction of an Authorised Officer or Delegated Officer or member of Council staff, including, without limitation, a direction to leave the Municipal Building, whether or not a fee for admission has been paid;

74.3.12. use or interfere with any life-saving or emergency device, unless using the device in an emergency, or participating in an instruction approved by the Council or an Authorised Officer or Delegated Officer;

74.3.13. organise any function or Event;

74.3.14. bring any Animal into, or allow any Animal under his or her control to remain in, a Municipal Building, except for Assistance Animals;

74.3.15. bring any Vehicle into a Municipal Building, except for:

74.3.15.1. a pram or pusher being used by a child; or

74.3.15.2. a wheelchair or motor scooter being used by a physically disabled person; or

74.3.16. bring into a Municipal Building any substance, liquid or powder which may:

74.3.16.1. be dangerous or injurious to health;

74.3.16.2. have the potential to foul, pollute or soil any part of the Municipal Building; or

74.3.16.3. cause discomfort to any person

A Person must not, unless directed to do so by the Council or an Authorised Officer or Delegated Officer:

75.1. enter a Municipal Building other than through an entrance provided for that purpose;

75.2. enter or remain in a Municipal Building without having paid any admission fee or charge imposed by the Council;

75.3. remain in a Municipal Building after being directed to leave by an Authorised Officer or Delegated Officer;

75.4. re-enter a Municipal Building after having been directed to leave that Municipal Building by an Authorised Officer or Delegated Officer, any sooner than the beginning of the next working day when the Municipal Building is open to the public, unless a written permission to re-enter is granted by Council or an Authorised Officer or Delegated Officer; or

75.5. re-enter a Municipal Building after having been directed to leave that Municipal Building by an Authorised Officer or Delegated Officer and being served with a temporary suspension letter stating that the Council is taking action to issue a Notification Of Prohibition From Entry under this Local Law, until:

75.5.1. a Notification of Prohibition from Entry is issued,

75.5.2. the temporary suspension is withdrawn, or

75.5.3. the temporary suspension period of up to 21 days, or in the case where the subject Building is the person’s workplace, the temporary suspension of up to 7 days, passes.

75.6. Whether or not a temporary suspension letter is issued or has expired does not alter Council’s power to issue a Notification of Prohibition from Entry.

76.1. A Person must not organise or undertake any Event, public meeting, performance or commercial purpose within a Municipal Building without the consent of the Council.

76.2. During any period for which a Municipal Building or any part of it has been hired out, the Manager may refuse admission to the Municipal Building or any part of it to any Person who is not connected with the hiring purpose.

Schedule 2 - Aerodrome Movement Area