Definitions

30.1. The Council may from time to time designate any area as an area in which a Residential Parking Policy is in operation.

30.2. The Council may at any time rescind, amend or vary any Residential Parking Policy so designated.

30.3. A person who resides in an area in which a Residential Parking Policy is in operation may make application to the Council for a Residential Parking Permit.

30.4. A Residential Parking Permit must be displayed in accordance with Council’s Residential Parking Policy.

30.5. A Residential Parking Permit may specify the road or roads or part of the road to which the permit applies.

30.6. The holder of a Residential Parking Permit may park an eligible vehicle in the road or roads as specified in the permit without being required to comply with any parking restrictions as to time indicated by parking signs associated with the road or roads.

30.7. The Council may from time to time by resolution determine a fee to be paid for a Residential Parking Permit.

30.8. Prior to the introduction of a new Residential Parking Policy the Council must notify the owner and occupier of every residence in the area advising as to:-

30.8.1. eligibility;

30.8.2. how to apply for a permit;

30.8.3. the cost of the permit; and 30.8.4. how the policy operates.

31.1. A Person must not on any part of any Council Land excluding a Road, without a Permit:

31.1.1. drive, ride on or otherwise use; or

31.1.2. permit a person under his or her care or control to drive ride on or otherwise use

a Motor Bike or other Motorised Recreational Vehicle, unless the part of the Council Land has been designated for that purpose.

31.2. A Person must not, without a Permit:

31.2.1. drive, ride on or otherwise use any Motor Bike or other Motorised Recreational Vehicle in a Built Up Area on any land other than Council Land or a Road, except for the purpose of directly accessing or leaving that land;

31.2.2. drive, ride on or otherwise use any Motor Bike or other Motorised Recreational Vehicle outside a Built Up Area on any land other than Council Land or a Road, within 500 metres of a Dwelling located on any other land;

31.2.3. as the owner or occupier of any land outside a Built Up Area, allow a Person to drive, ride on or otherwise use any Motor Bike or other Motorised Recreational Vehicle on that land within 500 metres of a Dwelling located on any other land;

31.3. A Person is exempt from Sub-clause 31.2.2 and 31.2.3 provided that Person has obtained a written consent:

31.3.1. from all adjoining property occupiers; and

31.3.2. from all other occupiers of Dwellings within 500 metres of the subject land;

and that written consent:

31.3.3. includes the period of consent, time of day, number of hours, days of the week and maximum number of Vehicles at any one time to be included in the consent;

31.3.4. clearly states that the consent expires if the occupier changes during the period of the consent or if the occupier notifies the Person in writing of their withdrawal of consent;

31.3.5. is copied to the consenting occupier after signing;

31.3.6. is the limit and extent of any exemption from Sub-clauses 31.2.2 and 31.2.3; and

31.3.7. if varying in any detail between consenting occupiers, the most restrictive consent becomes the limit and extent of any exemption from Sub-clauses 31.2.2 and 31.2.3.

Note: Pursuant to Clause 9 Definitions: ‘Motor Bikes and Motorised Recreational Vehicles’ - a motorised farm vehicle that is being used for farming purposes is exempt.

32.1. A Person must not dismantle, repair, paint, or carry out maintenance on a Vehicle on a Road, or allow or authorise another Person to do so, except in an emergency breakdown for the purpose of removing it.

32.2. A Person must not display a Vehicle for sale on a Road or on Council Land.

33.1. A Person must not leave any derelict, abandoned or unregistered Vehicle on any Road, Council Land or Municipal Place.

33.2. Any Person employed, contracted or authorised by the Council for the specific purpose is exempt from Sub-clause 33.1.

33.3. Any Vehicle found on any Road or Council Land or Municipal Place and considered by an Authorised Officer or Delegated Officer to be an Abandoned Vehicle, may be dealt with under the provisions of Schedule 11 to the Act.

A Person must not, without a Permit, keep or store or repair or allow to be kept, stored or repaired any Heavy Vehicle or Long Vehicle:

34.1. upon any Road or part of a Road for which the Council is the Responsible Road Authority for the purposes of the Road Management Act 2004;

34.2. on any other land less than 0.5 hectares in a Built Up Area; or

34.3. on any other land less than 5 hectares for three or more Heavy Vehicles or Long Vehicles.

Guidelines:

(1) the land-use of the applicant’s land and that of adjoining allotments;

(2) whether planning permission is required for a business or other use;

(3) the maximum number of vehicles at any one time to be kept or stored;

(4) the likely effect on adjoining owners, including visual amenity, fumes and noise;

(5) mitigation measures the applicant is willing to undertake as a condition of the permit; and

(6) any other matter the authorised officer or the delegated officer reasonably believes is relevant to the application.

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. Penalty: 10 Penalty Units

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.