Pyrenees Shire Council Local Law No. 3 Streets and Roads · (a) to provide and control for the management of traffic, use of roads by persons, and vehicles and animals and to regulate

Pyrenees Shire Council Local Law No. 3 Streets and Roads Adopted by Council 18th April 2017

Pyrenees Shire Council 5 Lawrence St, Beaufort, Victoria (03) 5349 1100 [email protected] www.pyrenees.vic.gov.au

Pyrenees Shire Council General Local Law No. 3 – Streets & Roads

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INDEX PART 1 – PRELIMINARY 4

1.1 TITLE 4 1.2 OBJECTIVES OF THIS LOCAL LAW 4 1.3 THE POWER TO MAKE THIS LOCAL LAW 4 1.4 OPERATIONAL DATE OF THIS LOCAL LAW 4 1.5 APPLICATION OF LOCAL LAW 4 1.6 DEFINITIONS 4

PART 2 - ADMINISTRATION OF THIS LOCAL LAW 8 2.1 EXERCISE OF DISCRETIONS 8 2.2 REGISTER OF DETERMINATIONS 8 2.3 POWER OF AUTHORISED OFFICERS TO DIRECT- NOTICE TO COMPLY 8 2.4 REASONABLE TIME TO COMPLY 8 2.5 FAILURE TO ADHERE TO A NOTICE TO COMPLY 8 2.6 POWER OF AUTHORISED OFFICERS TO ACT IN URGENT CIRCUMSTANCES 9 2.7 POWER TO IMPOUND 9

PART 3 – PERMITS 10 3.1 APPLICATION FOR PERMIT 10 3.2 PERMIT MAY BE CONDITIONAL 10 3.3 ADDITIONAL INFORMATION 10 3.4 DURATION OF PERMITS 10 3.5 SERVICE AUTHORITY 11 3.6 CANCELLATION OF PERMITS 11

PART 4 - FEES, CHARGES AND COSTS 11 4.1 SETTING FEES AND CHARGES 11 4.2 WAIVER OR ALTERATION TO FEES AND CHARGES 11

PART 5 - THE MANAGEMENT OF ROADS FOR TRAFFIC 11 DIVISION 1 - OBSTRUCTIONS TO FREE PASSAGE OF PEOPLE 11 DIVISION 2 - VEHICLE CROSSINGS 12

PART 6 - CONTROL OF VEHICLES AND ANIMALS ON ROADS 14 DIVISION 1 - CONTROL OF TOY VEHICLES 14 DIVISION 2- HORSES ON RESERVATIONS 14 DIVISION 3- STATIONARY HEAVY VEHICLES 15

PART 7 15 DIVISION 1 15 DIVISION 2 - ADVERTISING SIGNS PLACED ON ROADS 16 DIVISION 3 - TRADING FROM A ROAD 16 DIVISION 4 - BULK RUBBISH CONTAINERS ON ROADS 19 DIVISION 5 - REPAIR OF VEHICLES AND DEPOSITED SUBSTANCES FROM VEHICLES 19 DIVISION 6 - STREET PARTIES, STREET FESTIVALS & PROCESSIONS 20

PART 8 20 DIVISION 1 - TOW-AWAY OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES AND REMOVAL OF SIMILAR OBSTRUCTIONS 20

PART 9 - ENFORCEMENT AND PENALTIES 22 9.1 OFFENCES 22 9.2 INFRINGEMENT NOTICE 22


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PART 10 - STANDARDS 23 10.1 DISPOSAL OF IMPOUNDED ITEMS 23 10.2 REQUIREMENTS FOR A CLEAR VIEW AT INTERSECTIONS, PEDESTRIAN/VEHICLE CONFLICT AREAS AND TRAFFIC CONTROL ITEMS. 23 10.3 OBSTRUCTION AT INTERSECTIONS 24 10.4 RURAL CROSSINGS 24 10.5 PERMITTING VEHICLES OVER 6 TONNES TO BE PARKED, KEPT OR STORED ON RESIDENTIAL LAND 25 10.6 ADVERTISING SIGNS ON ROADS 25 10.7 TRADING FROM A ROAD OR TO A PERSON ON A ROAD 26 10.8 GOODS DISPLAYED FOR SALE ON A ROAD 26 10.9 OUTDOOR EATING FACILITIES 27

SCHEDULE 1 – NOTICE TO COMPLY 34 SCHEDULE 1 – NOTICE OF IMPOUNDING 35 SCHEDULE 3 – APPLICATION FOR PERMIT (GENERAL) 36 SCHEDULE 4 – APPLICATION FOR PERMIT TO GARAGE A HEAVY VEHICLE (OVER 6 TONNE) ON A RESIDENTIAL PROPERTY 37 SCHEDULE 5 – PERMIT TO GARAGE A VEHICLE OVER 6 TONNE ON A RESIDENTIAL PROPERTY 38 SCHEDULE 6 – LOCAL GOVERNMENT ACT 1989, TOW-AWAY OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES NOTICE 39 SCHEDULE 7 – INFRINGEMENT NOTICE 40 SCHEDULE 8 – GUARANTEE/FORM OF INDEMNITY AGAINST THIS LOCAL LAW GUARANTEE 41 SCHEDULE 9 – APPLICATION FOR PERMIT (TEMPORARY DWELLINGS 7.15) 42 SCHEDULE 10 – FORM OF INDEMNITY 43 FEE STRUCTURE 44


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PART 1 – PRELIMINARY 1.1 TITLE This Local Law is the Pyrenees Shire Council Streets and Roads Local Law No. 3 and referred to below as this Local Law. 1.2 OBJECTIVES OF THIS LOCAL LAW The objectives of this Local Law are: (a) to provide and control for the management of traffic, use of roads by persons, and vehicles

and animals and to regulate the parking of vehicles for the safety and fair use by people in the municipal district;

(b) to provide for the peace, order and well being of people in the municipal district; (c) to preserve and protect as far as possible the Council's assets from damage which may be

caused from extraordinary use of streets and roads within the municipal district; (d) to control and regulate secondary activities on roads including-

(i) trading; (ii) the placing of goods and equipment; (iii) repairs to vehicles; and (iv) parties, festivals and processions in a fair, equitable and safe manner which does not

compromise the primary need for the passage and repassage of people and goods;

1.3 THE POWER TO MAKE THIS LOCAL LAW The Council's authority to make this Local Law is contained in section 111 and in sections 98, 204 and 205 and Schedules 10 and 11 of the Local Government Act 1989, and section 87(4) of the Road Safety Act 1986. 1.4 OPERATIONAL DATE OF THIS LOCAL LAW This Local Law commences on the date of its publication in the Government Gazette. 1.5 APPLICATION OF LOCAL LAW (a) The Local Law applies throughout the whole of the municipal district (b) This Local Law does not apply where any act or thing is authorised by any Act, Regulation or

Planning Scheme. (c) The provisions of this Local Law do not apply to Council contractors, agents and employees to

the extent that the proper discharge of their obligations constitute a breach of this Local Law. 1.6 DEFINITIONS


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Act: means the Local Government Act 1989 Applicant: means the person who applies for a permit under this

Local Law Advertising Sign: means any board, notice, structure, banner or other similar device

used for the purposes of soliciting sales or notifying people of the presence of an adjacent property where goods or services may be obtained.

Appropriate Fee: means the appropriate fee determined by the Council in accordance

with clause 4.1. Authorised Officer: means an authorised officer appointed under section 224 of the Act. Built-up-area: means an area consisting of roads along which there is urban

development or street-lighting is provided. Bulk Rubbish Container: means a bin, container or other structure designed or used for

holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance. It does not include containers used in connection with the Council’s regular domestic rubbish collections.

Chief Executive Officer: means the Chief Executive Officer appointed by the Council from

time to time. Council Land: means all land owned, leased, managed or occupied by the Council

or for which it has a duty to maintain and without limiting the generality aforesaid includes all roads and road reserves within Council’s municipal district.

Council: means the Pyrenees Shire Council Discharge: in relation to water includes the release, pumping, siphoning,

diversion including sub surface drainage of any water. Footpath: means any path that is provided for the use of pedestrians only or

that is regularly used by pedestrians and not vehicles, or that is a segregated footway or a shared footway. It includes a footway.

Itinerant Trading: Means trade or commerce wholly or partially pursued by a person by

means of a person doing any of the acts specified in the following Schedule from a location specified in the Schedule

Schedule Acts: The act of offering for sale or hire any goods or the act of offering for

sale any services or the act of extending to prospective consumers an invitation to treat for the purpose of transacting or attempting to transact a sale of any goods or services to any person or the hire of any goods to any person.


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Locations: A temporary location in a public place or from a private vehicle located in a public place.

Municipal District: means the municipal district of the Pyrenees Shire Council. Outdoor Eating Facility: means any tables and/or chairs located out of doors on a footpath

or part of a road at which food or drink is served and may be consumed.

Penalty Unit means a penalty unit as provided by the Sentencing Act 1991.S Permit: means a permit issued by the Council under this Local Law. Permit Holder: is a person to whom a permit has been issued under this Local Law. Procession: means an organised group of people proceeding along a road or

gathering for a ceremony or function and includes fun runs and bicycle events.

Reservation: means anything constructed or located on a road which divides the

road longitudinally, but excludes a line or series of lines marked on a carriageway.

Residential Zone: means land defined as Residential as defined by the Pyrenees

Planning Scheme. Road: means a highway, street, lane, bridge, thoroughfare or other place

that is open to or used by the public for passage with vehicles. It includes a public highway, carriageway, footpath, traffic island, nature strip and any area that is provided to separate vehicle traffic on a highway, street, land, bridge, thoroughfare or other place. It also means any place that is declared to be a highway under section 3(2)(a) of the Road Safety Act 1986.

Service Authority: means any company or public body responsible for the installation

of telecommunications, gas, electricity, water, sewerage or drainage facilities in or on a road.

Shopping Trolley: means a wheeled container or receptacle supplied by a retailer for

enabling customers to transport goods. Street Festival: means an organised recreational, cultural, commercial or social

gathering of people which is held on a road. Street Party: means an organised social gathering of people from one or

several adjacent roads that is held on a road.


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Toy Vehicle: means a vehicle other than a bicycle, ordinarily used by a child at

play and designed to be propelled by human power. It includes a child’s tricycle, scooter, skateboard, roller skates and similar toys, including in-line skates.

Traffic: means the movement of people by foot or in or on vehicles, along,

across or within a road.

Traffic Control Item: means a Major Traffic Control Item or a Minor Traffic Control Item, within the meaning of the Road Safety (Traffic) Regulations 1988.

Vehicle: means a conveyance that is designed to move, to be moved, or to

be towed on land. It includes an animal that is either driven or ridden and a trailer by does not include:

• a train; or • a toy vehicle; or • in respect of an injured or disabled person, a wheelchair

that is capable of a speed of no more than 7 kilometres per hour.


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PART 2 - ADMINISTRATION OF THIS LOCAL LAW 2.1 EXERCISE OF DISCRETIONS (a) In exercising any discretion contained in this Local Law the Council will have regard to-

(i) the objectives of this Local Law; and (ii) the standards contained in Part 10; and (iii) any guidelines prepared by the Council from time to time.

(b)

(i) The Council may from time to time prepare guidelines for use by the Council, Council officers and other persons for the purposes of this Local Law.

(ii) Guidelines prepared by the Council must not be inconsistent with the objectives of this Local Law or with the standards contained in Part 10.

(iii) In preparing guidelines the Council must have regard to the objectives of this Local Law and the standards contained in Part 10.

2.2 REGISTER OF DETERMINATIONS (a) Any determinations made or guidelines prepared by the Council for the purposes of this Local

Law including the determination of fees and charges, must be maintained by the Council in a register for that purpose.

(b) The register kept for the purpose of this clause must be made available for inspection at the

office of the Council during normal office hours. 2.3 POWER OF AUTHORISED OFFICERS TO DIRECT- NOTICE TO COMPLY An authorised officer may by serving a written notice in the form of Schedule 1 direct any owner, occupier or other relevant person to remedy any situation which constitutes a breach under this Local Law. 2.4 REASONABLE TIME TO COMPLY The time required by A Notice to Comply served under this Local Law must be reasonable in the circumstances and what will be reasonable will vary depending on the matters to be remedied, but should take into account if applicable:

(i) The amount of work involved; (ii) The degree of difficulty; (iii) The availability of necessary materials or other necessary items; (iv) Climatic conditions; (v) The degree of risk potential risk; or (vi) Any other relevant factor.

2.5 FAILURE TO ADHERE TO A NOTICE TO COMPLY Any person who fails to remedy a situation in accordance with a Notice to Comply served under this Local Law is guilty of an offence and liable to pay the amount of the penalty specified by this Local Law.


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Penalty: 5 penalty units Infringement Notice: 2 penalty units

2.6 POWER OF AUTHORISED OFFICERS TO ACT IN URGENT CIRCUMSTANCES (a) An authorised officer may, in urgent circumstances arising as a result of a failure to comply

with this Local Law, take action to remove, remedy or rectify a situation without the necessity to serve a Notice to Comply provided:

(i) he or she considers the circumstances or situation to be sufficiently urgent and that the

time involved or difficulties associated with the serving of a notice, may place a person, animal, property or thing at risk or in danger; and

(ii) The Chief Executive Officer, or his delegated representative not being the authorised officer administering this provision approves of the proposed action; and

(iii) details of the circumstances and remedying action are as soon as possible, (iv) forwarded to the person on whose behalf the action was taken; and (v) the Council is advised of the action taken.

(b) The action taken by an authorised officer under sub-clause (a) must not extend beyond what

is necessary to cause the immediate abatement of or minimise the risk or danger involved. 2.7 POWER TO IMPOUND (a) The Council may impound any item that encroaches upon, has been left on, interferes with or

obstructs a public place or the use of a public place. (b) The Council may:-

(i) release the impounded item to its owner on payment of a fee determined by Council, which is not to exceed an amount that reasonably represents the cost to the Council of impounding, keeping and releasing the item; and

(ii) sell, destroy, dispose of or give away the impounded item if the owner of the item has

not paid the fee within 14 days of service of a notice under clause 2.6(a)(iii) or after having complied with clause 2.6(a)(iv).

(c) If Council impounds an item under clause 2.6(a)(i) it must serve on the owner a notice in a

form approved by Council as soon as possible after the item is impounded. (d) If the identity or whereabouts of the owner of an item impounded under clause 2.6(a)(i) are

unknown, Council must take reasonable steps to ascertain the owner’s identity and or whereabouts prior to exercising its powers under clause 2.6(a)(ii).

(e) Council is entitled to retain out of the proceeds of sale of any impounded item, its reasonable

costs incurred in impounding, keeping and selling the item. (f) In the event that the owner cannot be located within one year of the date of the Notice

referred to in part 3 of this Local Law or, if the item has been disposed of pursuant to part 4 hereof, within one year of the item being impounded, any proceeds remaining after deduction of the costs referred to in part 5 of this Local Law may be retained by the Council and paid into the Municipal fund.


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PART 3 – PERMITS 3.1 APPLICATION FOR PERMIT (a) The form of an application for a permit under this Local Law will be in the form of Schedule 3

and be accompanied by the appropriate fee. (b) The Council may require a person making an application for a permit to give public notice

which will entitle any person to make a submission and to be heard in accordance with section 223 of the Act.

3.2 PERMIT MAY BE CONDITIONAL A permit under this Local Law may be issued subject to the Council determining the conditions on which it is prepared to issue the permit including conditions relating to: (a) the payment of a fee or charge; (b) a standard to be applied; (c) a time limit to be applied either specifying the duration, commencement or completion date; (d) that the permit is subject to the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance; (f) where the applicant is not the owner of the subject property, the necessity to obtain the

consent of the owner; (g) the granting of some other permit which may be required by the Council whether under this

Local Law or otherwise. (h) Any other condition considered necessary by the Council. 3.3 ADDITIONAL INFORMATION The Council or an authorised officer may require an applicant to provide additional information before dealing with an application for a permit. 3.4 DURATION OF PERMITS Except where expressly stated in this Local Law or in the permit, the permit will operate from the date it is issued and will expire one year after the date of issue.


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3.5 SERVICE AUTHORITY (a) A service authority or a person employed by or acting on behalf of a service authority is not

required to obtain a permit in respect of work which is for the purposes of the service authority.

(b) A person who should, but for this clause, be required to obtain a permit in respect of any

activity must notify the council of the activity prior to its commencement. 3.6 CANCELLATION OF PERMITS (a) A permit may be cancelled by the Council at any time, if it is clear that the conditions under

which the permit was issued have not been complied with provided:

(i) A Notice to Comply in accordance with Part 2 of this Local Law has been served upon the permit holder; and

(ii) There has been a failure to comply with the Notice to Comply; and (iii) The failure to comply continues for a period of seven days after the date specified in the

Notice. (b) Where the permit holder is not the owner of the land and the owner’s consent was required

to be given to the application for the permit, the owner must be notified of the issue of Notice to Comply.

PART 4 - FEES, CHARGES AND COSTS 4.1 SETTING FEES AND CHARGES The Council may from time to time by resolution determine the fees and charges to apply under this Local Law which may include an administrative or processing fee or charge, and the Council must give public notice of its resolution to set or alter fees and charges. 4.2 WAIVER OR ALTERATION TO FEES AND CHARGES The Council may waive, reduce or alter any fee or charge with or without conditions. PART 5 - THE MANAGEMENT OF ROADS FOR TRAFFIC DIVISION 1 - OBSTRUCTIONS TO FREE PASSAGE OF PEOPLE 5.1.1 TREES AND PLANTS NOT TO OBSTRUCT OR OBSCURE A person must not allow any tree or plant growing on land owned or occupied by him or her to obstruct or interfere with the passage of traffic by

(a) overhanging any footpath or other part of the road used by pedestrians so that it gets in the

way of pedestrians or is likely to cause injury or damage; or


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(b) extend over any part of the road in such a way that it-

(i) obstructs the view between vehicles at an intersection; or (ii) obstructs the view between vehicles and pedestrians in the same vicinity to each other;

or (iii) obscures a traffic control item from an approaching vehicle or pedestrian; (iv) obscures street lighting; or

(c) obstructs the view between vehicles and trains at a railway level crossing which does not have

gates, booms or flashing lights; or (d) otherwise constitutes a danger to vehicles or pedestrians or compromises the safe and

convenient use of the road. Penalty: 5 penalty units Infringement Notice: 2 penalty 5.1.2 PLACING OF SIGNS AND POSTS A person must not place a sign, post or other similar object in such a way that it causes an obstruction of a type referred to in paragraphs 5.1.1 (b), (c), and (d) of this clause. Penalty: 5 penalty units Infringement Notice: 2 penalty units 5.1.3 FENCES AT INTERSECTIONS An owner or occupier of property must not construct or allow to remain in place a boundary fence at an intersection of roads which interferes or obstructs with the clear visibility of vehicles or pedestrians at that intersection. Penalty: 5 penalty units Infringement Notice: 2 penalty units DIVISION 2 - VEHICLE CROSSINGS 5.2.1 A VEHICLE CROSSING IS REQUIRED (a) Owners of land where kerb and channel is constructed, and as determined by Council in

accordance with the standards in Part 10 of this Local Law, must ensure that each point of vehicular access from a carriageway on a road to their land has a properly constructed vehicle crossing.

Penalty: 5 penalty units Infringement Notice: 2 penalty units (b) Where a properly constructed vehicular crossing exists it shall be the only allowable means of

vehicular traffic access to the associated land parcel. Penalty: 5 penalty units Infringement Notice: 2 penalty units (c) Where access to land is not via a properly constructed vehicular crossing the Council may

serve a Notice to Comply on the owner of the land. (d) For the purposes of this clause a vehicle crossing is properly constructed if-

(i) it was constructed by or in accordance with the terms of an approval by the Council; or


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(ii) the Council has approved in writing the method of construction of the particular vehicle crossing.

(e) If a point of vehicular access from a carriageway on a road to adjacent land does not have a

properly constructed vehicle crossing the Council may serve a Notice to Comply on the owner of the land.

(f) In the case of roll-over type kerbing where a specific vehicular crossing point is not

constructed, the Council may nominate the location at which vehicles are to cross the kerb. Where access to land is not in accordance with the location nominated by Council, the Council may serve a Notice to Comply on the owner of the land.

5.2.2 LETTER BOXES ON ROAD RESERVATIONS (a) A permit is required to erect a letter box when the specifications and location are outside

those listed in point (b) below. Penalty: 3 penalty units Infringement Notice: 1 penalty units

(i) That such letter boxes be sited, erected and maintained to the satisfaction of Council’s delegated officer, taking into account road safety and the servicing of Australian Post Mail Contractor. 3 metres from edge of road pavement and no higher than 1.2m wherever possible.

(ii) That the delegated officer may order such alterations or repairs to such letter boxes as

he deems necessary, or the removal of any letter box which is in his opinion unsafe, unsuitable or inappropriately located.

5.2.3 REDUNDANT VEHICLE CROSSINGS (a) Where works on a property involve the relocation or closure of a point of vehicular access, any

redundant part of a vehicle crossing must be removed and the kerb, drain, footpaths, nature strip or other part of the road be reinstated to the satisfaction of the Council.

(b) The Council may require the owner or occupier of a property to remove any part of or all of a

vehicle crossing for which there is no effective point of vehicle access and to reinstate the road.

(c) All works under this section are to be performed by Council or a Council approved contractor. (d) If an owner or occupier fails to comply with a requirement under paragraph 5.2.3(b) the

Council may serve a Notice to Comply on that person.

5.2.4 DISPLAY OF PROPERTY NUMBERS Where the Council has allocated street numbers to a property the owner or occupier must ensure that the number allocated is clearly displayed by ensuring that it is:

(a) Of sufficient size; and (b) Displayed accurately and completely; and (c) In good repair; and


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(d) Is distinct from its background; and is free from obstruction; and (e) Can be clearly read under all normal lighting conditions from the road immediately

adjacent to the front boundary. Penalty: 2 penalty units Infringement Notice: 1penalty unit

PART 6 - CONTROL OF VEHICLES AND ANIMALS ON ROADS DIVISION 1 - CONTROL OF TOY VEHICLES 6.1.1 USE OF TOY VEHICLES (a) The Council may designate areas in which toy vehicles must not be used. (b) If the Council designates areas in which toy vehicles must not be used, it must erect signs in or

on the areas designated by it indicating that toy vehicles must not be used. (c) A person must not use a toy vehicle in an area designated by the Council.

Penalty: 1 penalty unit Infringement Notice: 0.5 penalty units (d) Where the Council fails to erect and maintain signs required under sub-clause 6.1.1(b) no

person may be prosecuted for an offence under this Division. 6.1.2 CONDUCT WHEN USING A TOY VEHICLE Any person who uses a toy vehicle or causes or authorises another person to use a toy vehicle on a road must ensure that the use does not inconvenience, obstruct, hinder, endanger, alarm or prevent the free passage of any pedestrian or other user of the road, whether in or on another vehicle or not. Penalty: 2 penalty units Infringement Notice: 1penalty unit 6.1.3 USE IN NON- DESIGNATED AREAS (a) Where any person continues to use a toy vehicle in contravention of this Division and after an

authorised officer has issued a warning to the user the toy vehicle may be removed by an authorised officer and impounded.

(b) When a toy vehicle has been impounded, the provisions of clause 2.6 must be complied with. DIVISION 2- HORSES ON RESERVATIONS 6.2.1 RIDING HORSES ON RESERVATIONS & FOOTPATHS A person must not without a permit ride or lead a horse or cause or authorise another person to ride or lead a horse upon a footpath or reservation of a road in a built-up area, or on a public park. Penalty: 1 penalty unit Infringement Notice: 1 penalty units


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DIVISION 3- STATIONARY HEAVY VEHICLES 6.3.1 PARKING ON PRIVATE PROPERTY IN RESIDENTIAL ZONES No person may without a permit allow a vehicle weighing more than 6 tonne (including any load) to be parked, kept, stored or repaired on any property which is zoned Residential 1 in the Pyrenees Planning Scheme. Penalty: 5 penalty units Infringement Notice: 2 penalty units 6.3.2 PERMIT APPLICATION (a) An application for a permit must be in the form in Schedule 4. (b) In determining whether to grant a permit, the Council may have regard to any standards or

guidelines in part 10 of this Local Law. (c) Any permit granted pursuant to this Clause shall be in the form of Schedule 5. PART 7 DIVISION 1 7.1.1 DISCHARGE OF WATER PROHIBITED No person shall without a permit cause or permit:-

(i) the direct or indirect flow of any water onto any Council land (ii) the discharge of any water onto any land (including land of that person) so as to cause

or permit such water to discharge onto Council land. Penalty First Offence: 2 penalty units Second or subsequent Offence: 5 penalty units 7.1.2 PERMITS REQUIRED (a) The form of an application for a permit under this Local Law will be in the form of Schedule 3

and be accompanied by the prescribed fee. (b) The Council may require a person making an application for a permit to give public notice

which will entitle any person to make a submission and to be heard in accordance with Section 223 of the Act.

7.1.3 CONTINUING OFFENCES In addition to anything herein before provided, any person who has failed to remedy any breach within the period of time prescribed by any Notice to Comply, shall be guilty of a continuing offence and shall be liable to a penalty for each day on which an offence is continued. Penalty: 2 penalty units


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DIVISION 2 - ADVERTISING SIGNS PLACED ON ROADS 7.2.1 ERECTING OR PLACING ADVERTISING SIGNS No person may without a permit erect or place an advertising sign on any part of a road or on any land under the control of the Council or hang any sign lower than 2400mm over any footpath or pedestrian area, or cause or authorise another person to do so. Penalty: 3 penalty units Infringement Notice: 1 penalty unit 7.2.2 PERMITS FOR ADVERTISING SIGNS In determining whether to grant a permit the Council may have regard to any standards or guidelines set out in Part 10 of this Local Law. 7.2.3 IMPOUNDING SIGNS (a) Where any advertising sign is erected or placed in any place contrary to this Division or in

contravention of any permit conditions it may be removed by an authorised officer and impounded provided the authorised officer has first issued a warning to the person who owns or who has placed the sign on the road or land.

(b) Where an advertising sign has been impounded, the provisions of clause 2.6 must be complied

with. DIVISION 3 - TRADING FROM A ROAD 7.3.1 PERMIT REQUIRED FOR ROADSIDE TRADING No person may without a permit erect or place on any road a vehicle, caravan, trailer, table, stall or other similar structure for the purpose of selling or offering for sale any goods or services. Penalty: 10 penalty units Infringement Notice: 1 penalty unit 7.3.2 TRADING TO A PERSON ON A ROAD No person may without a permit sell or offer for sale any goods or services from a property or a public place adjacent to a road to any person who is on that road or public place. Penalty: 10 penalty units Infringement Notice: 1 penalty unit 7.3.3 REQUIREMENTS FOR GRANTING PERMISSION In determining whether to grant a permit the Council must have regard to any standards or guidelines in Part 10 of this Local Law. 7.3.4 REGULATION OF TRADING SITES (a) If the Council has entered into an agreement (by way of lease, licence or otherwise) in relation

to trading from a particular site, no person other than the person with whom the council has the agreement may trade from that site whether or not that person has a permit.

Penalty: 10 penalty units Infringement Notice: 1 penalty unit

(b) The Council may by resolution determine a fee, charge, fare or rent in relation to the sale or

offering for sale of any goods or services from a property or public place adjacent to a road or public place.


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7.3.5 IMPOUNDING OF GOODS AND EQUIPMENT (a) Where the use of a site or the contravention of any conditions on a permit continue after a

Notice to Comply has been served any goods and associated equipment may be removed by an authorised officer and impounded.

(b) Where any goods and equipment have been impounded the provisions of Clause 2.6 must be

complied with.

7.3.6 LOCATING GOODS FOR SALE No person may without a permit place or display any goods for sale on any part of a road or on any land under the control of Council or hang any goods or equipment lower than 2400mm over a footpath or pedestrian area, or permit another person under his or her control to do so. Penalty: 3 penalty units Infringement Notice: 1 penalty unit 7.3.7 PERMITS FOR DISPLAYING GOODS In determining whether to grant a permit the Council may have regard to any standards or guidelines set out in Part 10 of this Local Law. 7.3.8 GOODS LEFT ON ROADS Any goods left or displayed contrary to this Division or displayed in contravention of any conditions of a permit may be removed by an authorised officer and impounded. Where any goods have been impounded the provisions of clause 2.6 must be complied with. 7.3.9 OUTDOOR EATING FACILITIES Without a permit a person must not – (a) place on a road any tables and/or chairs, or any associated equipment for the purpose of

allowing food and drink to be sold to or consumed by any member of the public. (b) In determining whether to grant a permit, the Chief Executive Officer or a authorised officer

shall have regard to:-

(i) the standards contained in Part 10 (ii) any other matter considered relevant by the Chief Executive Officer or authorised

officer.

(c) Any person shall leave an Outdoor Eating facility when requested to do so by the permit holder or an Authorised Officer of the Council.

Penalty: Infringement Notice: 1 penalty unit 7.3.10 ITINERANT TRADING (a) No person shall, without a permit, engage in or undertake itinerant trading. Penalty: 5 penalty units Infringement Notice: 1 penalty unit Continuing Penalty: I penalty unit for each day


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(b) Whilst engaged in itinerant trading a person must not operate outside the area specified in the permit.

(c) An itinerant trading permit cannot be transferred to another person without the approval of

the authorised officer. (d) An Application to transfer a permit is required to be made in writing to the Chief Executive

Officer or his/her delegate accompanied by a transfer application fee equal to 50% of the permit application fee.

(e) Itinerant trading shall be permitted only on days and during the times nominated on the

permit. (f) Where no such days or times are so nominated itinerant trading shall be permitted seven days

a week but only between the hours of:

(i) 9.00am and 6.00pm standard time (ii) 9.00am and 8.0pm day light savings time (iii) where a permit slows night time trading: 11.00pm to 5.30am

PENALTY: Five penalty units and One penalty unit for each day after conviction by a Court during which the breach occurs.

(g) The Council may from time to time:

(i) designate itinerant trading areas where itinerant trader may be conducted and may

alter the designated area or remove such areas from the designated listing. (ii) specify the kinds of goods or services that shall be available for sale from the designated

trading area. (iii) specify criteria for applicants who may be eligible for a permit. (iv) determine the occupancy fees for designated trading areas or sites within trading areas. (v) set a limit on the quantity of permits granted for any area within the Municipal District. (vi) Itinerant trading fees shall be set generally in accordance with the rates levied in that

area where the itinerant trade will be operating. Consideration will also be given to: a) the nature of the operation b) the proposed hours of operation c) the siting of the itinerant facility

(h) The form of an application permit will be in accordance with Schedule ## (Enforcement) and must be accompanied by the nominated fee.

(i) The Chief Executive Officer or his/her delegate may require a person making an application for

a permit to give public notice which will entitle any person to make a submission about the application. The person making the application shall submit evidence to the Chief Executive Officer or his/her delegate of the giving of public notice.


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(j) Council may refer an application to trade to another municipality, statutory or government

body for comment prior to granting a permit and may incorporate conditions recommended or suggested by that authority as a condition of granting a permit.

(k) Where an itinerant trader wishes to operate on a declared road within the municipal district

and requires a permit under the Local Law the application shall be referred to VicRoads and the Police prior to being considered for approval.

DIVISION 4 - BULK RUBBISH CONTAINERS ON ROADS 7.4.1 A PERMIT IS REQUIRED No person may without a permit place or cause or permit another person to place a bulk rubbish container on a road. Penalty: 5 penalty units Infringement Notice: 1 penalty unit 7.4.2 GRANTING OF PERMITS In determining whether to grant a permit the Council may have regard to the standards or guidelines set out in part 10 of this Local Law. 7.4.3 CONTAINER LEFT ON A ROAD Any bulk rubbish container placed on any part of a road contrary to this Division or in contravention of any conditions of a permit may be removed by an authorized officer and impounded. Where a bulk rubbish container has been impounded the provisions of clause 2.6 must be complied with. DIVISION 5 - REPAIR OF VEHICLES AND DEPOSITED SUBSTANCES FROM VEHICLES 7.5.1 REPAIR OF VEHICLES IS PROHIBITED Except in the case of an emergency, a person must not dismantle, paint, repair or carry out maintenance on or, except for the purpose of removing it, repair a vehicle on a road and a person must not permit or authorise another person to do so. Penalty: 3 penalty units Infringement Notice: 1 penalty unit 7.5.2 SUBSTANCES FROM VEHICLES, ANIMALS AND LIVESTOCK A person must not permit any grease, oil, mud, clay or other substance to fall or run off a vehicle (including livestock vehicles) onto a road, into any drain on or under the road or permit or authorise another person to do so. Penalty: 3 penalty units Infringement Notice: 1 penalty unit 7.5.3 REMOVAL OF SUBSTANCES (a) A person in charge of a vehicle or livestock from which any substance has fallen or run off

onto a road must take all reasonable steps to promptly remove the substance, make good any damage and remove any consequent hazard. Where any damage or hazard remains, he or she must promptly notify the Council or member of the police force of the damage or hazard.

Penalty: 3 penalty units Infringement Notice 1 penalty unit


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(b) Rectification of any remaining damage or hazard shall be carried out by Council at the cost of the owner/operator of the vehicle.

DIVISION 6 - STREET PARTIES, STREET FESTIVALS & PROCESSIONS 7.6.1 PERMIT FOR STREET PARTIES (a) No person may without a permit hold a street party, street festival or procession on a road,

including the holding of foot running and cycling events.

Penalty: 3 penalty units Infringement Notice: 1 penalty unit (b) In determining whether to grant a permit for a street party, street festival or procession the

Council must have regard to the Council’s guidance notes for community groups. (c) Where an application is to conduct an event on a Council controlled residential street, the

application must be made fourteen (14) days before the event is to take place. (d) Where an application is to conduct an event on any other road, the application must be made

twenty-eight (28) days before the event is to take place. 7.6.2 DEVELOPMENT OF ROAD RESERVE (a) No person may without a permit on a road reserve under the control of Council

(i) establish any planting (ii) erect fencing (iii) establish an irrigation system for the watering of grasses, trees, and shrubs. Penalty: 5 penalty units Infringement Notice: 2 penalty units

(b) An application for a permit must be made in the form of the Schedule 3. 7.6.3 GRANTING A PERMIT In determining whether to grant a permit the Authorised Officer may have regard to any standards or guidelines in Part 10 of this Local Law. PART 8 DIVISION 1 - TOW-AWAY OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES AND REMOVAL OF SIMILAR OBSTRUCTIONS 8.1.1 REMOVAL OF ABANDONED OR UNLAWFULLY PARKED VEHICLES (a) Where a vehicle is

(i) causing an unlawful obstruction; or (ii) unlawfully parked; or (iii) abandoned

the vehicle may be removed and impounded.


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(b) In determining whether a vehicle is causing an unlawful obstruction or unlawfully parked, the

Council must have regard to the standards or guidelines in Part 10 of this Local Law. (c) Where a vehicle has been impounded the provisions of Clause 2.6 and 8.1.4 must be complied

with. 8.1.2 OTHER OBSTRUCTIONS Where in the opinion of an authorised officer a rubbish container, movable structure, device, material or other object is -

(i) causing an unlawful obstruction; (ii) a danger to road users; or (iii) getting in the way of or likely to get in the way of traffic the obstruction may be dealt

with it under this Division to the extent which is reasonably possible, as if it is an unregistered vehicle.

8.1.3 NOTICE TO THE OWNER (a) Where a registered vehicle is taken less than 250m, is relocated on a road and is not

impounded or immobilised, no notice of removal is required to be given to the owner. (b) In addition to the requirements in clause 2.6, where a registered vehicle is impounded the

Council must serve a notice in the form of Schedule 6 on the person who is the registered owner of the vehicle from the records kept at the Vic Roads or the equivalent body in the State in which the vehicle is registered.

8.1.4 SURRENDER OF VEHICLES A vehicle which has been impounded, must be surrendered if- (a) The claim is made by a person who the authorised officer is satisfied is the owner of the

vehicle. (b) in the event of the claim being made by a person acting on behalf of the owner, satisfactory

evidence is provided of that person’s authority from the owner; and (c) the penalties for the removal and/or impounding of the vehicle have been paid to the Council. 8.1.5 POWER TO SELL OR GIVE AWAY (a) Where a vehicle impounded in accordance with this Local Law is not claimed and removed by

the owner or some person acting on his or her behalf

(i) in the case of an unregistered vehicle, within 14 days after being towed and removed by Council; or

(ii) in the case of a registered vehicle, within 14 days after the service of a notice upon the

owner the Council may cause the vehicle to be delivered to a municipal tip, given away as the Council thinks fit, or sold by auction or by public tender.

(b) If the owner of a registered vehicle cannot be contacted by certified mail, then the Council

must make reasonable efforts to contact him or her by contact with any other members of the household or adjacent households. Having given due consideration to the advice of these


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people (if any), the Council may surrender the vehicle in accordance with Clause 8.1.4 or deal with the vehicle as if the owner had been served with a notice.

(c) Where the Council exercises its power under this clause to sell a vehicle either by action or by

public tender, the Council must provide 7 days’ notice of such auction or calling of tenders in a newspaper generally circulating in the municipal district.

(d) Where any vehicle is not sold as a result of any such auction or calling of tenders the Council

may then deliver to a municipal tip or give away the vehicle as it thinks fit. (e) Where any vehicle is sold pursuant to the power of sale conferred by this Division the title of

the purchase shall not be impeachable on any ground and he or she shall take such vehicle free from any title, estate, interest or right of any other person.

(f) Where the net proceeds from the sale of the vehicle exceed the amount payable to the

Council in accordance with this Local Law, the moneys must be paid into the municipal fund or paid to any person who, in the opinion of the Council, is entitled to the moneys or a proportion of the moneys and who claims the money within one year of its receipt.

(g) Before any vehicle is disposed of under this clause, Council must contact the Officer in Charge

of the Victorian Police Stolen Vehicle Squad. PART 9 - ENFORCEMENT AND PENALTIES 9.1 OFFENCES A person is guilty of an offence if the person – (a) does something which a provision of this Local Law prohibits to be done; (b) fails to do something which a provision of this Local Law requires to be done; (c) engages in activity without a current permit where a provision of this Local Law requires that

person obtain a permit before engaging in that activity; (d) breaches or fails to comply with a condition of a permit issued under this Local Law; or (e) fails to comply with a direction of an authorised officer under clause 2.6. Infringement Notice: 1 penalty unit 9.2 INFRINGEMENT NOTICE (a) An authorised officer may serve a local law infringement notice in the form of Schedule 3 on a

person whom the officer believes has committed an infringement of this Local Law requiring the person to pay the penalty for that infringement within 28 days of the issue of the infringement notice.

(b) If the infringement notice is not withdrawn and the person pays to the Council the amount

referred to in the infringement notice within the period of 28 days or such further period as


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the Council or an authorised officer may allow, no conviction will be recorded against that person for the alleged infringement.

(c) The Council or authorised officer may at any time withdraw an infringement notice either as a

result of consideration of any representations made or with a view to prosecuting for an offence.

(d) In the event of the failure of a person served with an infringement notice to pay the amount

specified within 28 days of the issue of the notice or such further time as the Council or the authorised officer may permit, the Council or the authorised officer may pursue the matter by prosecuting for an offence or by taking any steps which may be available for enforcing penalties by registration of infringement notices.

(e) Any person served with a local law infringement notice is entitled to disregard the notice and

defend the prosecution in Court.

Infringement Notice: 1 penalty unit PART 10 - STANDARDS 10.1 DISPOSAL OF IMPOUNDED ITEMS The Council’s policy for the disposal of impounded items is as follows: (a) Where the item is declared by the Chief Executive Officer, or his delegated representative, to

have no saleable value, it may be disposed of in the most economical way, as determined by one of the above officers

(b) Where the item is declared by the Chief Executive Officer, or his delegated representative, to

have some saleable value the item may be disposed of either by tender or public auction. 10.2 REQUIREMENTS FOR A CLEAR VIEW AT INTERSECTIONS, PEDESTRIAN/VEHICLE

CONFLICT AREAS AND TRAFFIC CONTROL ITEMS. 10.2.1 THE VIEW BETWEEN VEHICLES AT INTERSECTIONS Plants, fences and other obstructions must, wherever practicable, be kept to a maximum height of 1 metre in the following area: (a) at signalised intersections

A triangular area between the corner of each property at the intersection and a line drawn between points 3m back from the intersection.

(b) At major/minor intersections and roundabouts

A triangular area in both directions from a minor road, or to the right only at a roundabout, as described below and in the diagram.


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SPEED* ON MAJOR ROAD

X:DISTANCE ALONG MINOR ROAD #

Y:DISTANCE ALONG MAJOR ROAD

40 km/h 3m 20m 50 km/h 3m 30m 60 km/h 3m 40m 70km/h 3m 55m 80 km/h 3m 65m 90 km/h 3m 80m 100km/h 3m 95m 110km/h 3m 115m 120km/h 3m 150m NOTES:

1) For Major Road Speed, use the posted speed limit, except where the 85th percentile speed is significantly greater than the Major Road Speed Limit. In this case use the higher value.

2) Where the minor road approach is an arterial road, use x=4.5m for all speeds

10.3 OBSTRUCTION AT INTERSECTIONS 10.3.1 FENCES AT INTERSECTIONS In determining whether a fence interferes or obstructs with the clear visibility of vehicles or pedestrians at an intersection the Council must take into account- (a) whether footpaths and or shared footways are constructed at the intersection (b) the Victorian Building Regulations 1994 requirement for Council approval for

(i) fences to be greater than one (1) metre in height within nine (9) metres of the

intersection of street alignments. (ii) any other matter relevant to the circumstances of the situation.

10.3.2 THE VIEW BETWEEN VEHICLES AND PEDESTRIANS Where pedestrians are likely to cross the road or come close to the carriageway, plants must be no higher than 600mm above the ground for a distance of 2 metres from the carriageway, or as determined by the relevant officer. However, trees with clean trunks, which will not exceed 100mm in width, may be planted (subject to any other requirements for safety and visibility), so long as their foliage is no lower than 2 metres above the ground. 10.4 RURAL CROSSINGS In determining whether a permit should be granted or is required, Council must take into account: (a) The affective drainage of the roadside. (b) The location of the entrance with respect to adjacent intersections or other obstructions.


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(c) The safety of pedestrians and other road users. (d) The possible affects on adjoining land owners and the amenity of the neighbourhood. (e) Any other issue relevant to the matter. 10.5 PERMITTING VEHICLES OVER 6 TONNES TO BE PARKED, KEPT OR STORED ON RESIDENTIAL LAND In determining whether to grant a permit to allow vehicles over 6 tonnes to be parked, kept or stored on residential land, the Council must take into account- (a) the likely impact on the residential amenity of the neighbourhood as a result of-

(i) the intrusion of heavy vehicle traffic; (ii) excessive noise from heavy vehicles; (iii) pedestrian and motorist safety; (iv) the likely damage to be caused to Council assets and street trees; (v) fumes or related smells resulting from the parking of heavy vehicles.

(b) the traffic function, traffic volume and width of other roads in the vicinity; (c) whether the unobstructed sight distance is approved, giving reference to standards and to

Council’s satisfaction. (d) whether the property is of sufficient size and layout to enable the vehicle to be properly

garaged; and (e) any other matter relevant to circumstances of the application.

10.6 ADVERTISING SIGNS ON ROADS In determining whether to grant a permit to allow advertising signs to be placed on roads, the Council must take into account (a) the width and height of the sign; - maximum size permitted 70cm wide and 100cm high or the

same area of signage as approved by the Local Laws Officer. (b) any other signs for the applicant's premises;

(i) only one sign is permitted outside each frontage of each business.

(c) whether the construction will create a hazard to pedestrians;

(i) articles are not permitted within 2 metres of the frontage of the property or 1 metre of

the kerb.

(d) whether an indemnity/ guarantee in the form of Schedule 8 has been provided to the Council; and


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(e) the effect on the amenity of the neighbourhood. (f) any other matter relevant to the circumstances of the application. (g) a fee may be applicable to each sign.

10.7 TRADING FROM A ROAD OR TO A PERSON ON A ROAD In determining whether to grant a permit to allow trading from a road or to a person on a road, the Council must take into account- (a) whether the safety of road users or the passage of vehicles will be affected by the placement;

(i) whether permits required by the Health Act, Food Act or any other (ii) legislation have been obtained; (iii) whether the activity will disturb, annoy or disrupt adjacent property (iv) owners or occupiers; (v) whether the activity will be detrimental to the amenity of the area; (vi) whether appropriate arrangements can be made for -

• waste water disposal • litter and garbage • lighting • advertising signs;

(b) whether the consent of the Roads Corporation has been obtained where the road is a

declared road, including a Freeway, State Highway, Main Road, Tourist Road or Forest Road within the meaning of the Transport Act 1983;

(c) whether any indemnity/guarantee in the form of Schedule 8 has been provided to the Council; (d) whether any produce to be sold is local and grown on land in proximity to the proposed

trading site; and (e) any other matter relevant to the circumstances of the application.

10.8 GOODS DISPLAYED FOR SALE ON A ROAD In determining whether to grant a permit to allow goods to be displayed for sale on a road, the Council must take into account- (a) whether the goods will be displayed outside the applicant's premises; (b) whether adequate lighting of the display area can be achieved if the normal business hours

include hours or darkness; (c) whether the goods or the display may be of such material, layout or construction which could

be a hazard to pedestrians;

(i) articles are not permitted within 2 metres of the frontage of the property or 1 metre of the kerb.

(ii) displays are not to exceed 1 metre in width or 3 metres in length and if


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(iii) multiple displays are required, there must be 1 metre left without obstruction at each end of the property’s side boundary.

(d) whether an indemnity/guarantee in the form of Schedule 8 as been provided to the Council;

and (e) any other matter relevant to the circumstances of the application. (f) a fee may be applicable to each 3 square metres of area used. 10.9 OUTDOOR EATING FACILITIES 10.9.1 Applicants (a) Applications must be in writing on the approved form (Schedule 2) accompanied by the

prescribed application fee and the following information.

(i) a plan of the proposal drawn to scale (A/frame not applicable) (ii) number of table and chairs (iii) design of and material to be used in the proposed furniture / display (iv) any other information nominated by the Chief Executive officer or his/her delegate.

(b) The Chief Executive Officer or his/her delegate may require:

(i) any proposal to be advertised by the applicant. (ii) written comments from abutting owners/occupiers.

(c) Applicants are advised to obtain a permit for the required footpath occupation prior to

purchasing any furniture or display. It may not be possible for Council to permit the desired number/style of tables and chairs or displays.

(d) Applicants should consult with the Local Laws Staff and Planning Staff of Council prior to

submitting an application for an outdoor eating facility / display erection. 10.9.2 Design Criteria / Outdoor Eating & Screens. (a) The Applicants for outdoor eating facility permits should ensure that outdoor eating area

designs are presented in a high quality and consistent manner by offering sufficient weather protection and identification.

(b) The outdoor eating area design shall incorporate the following criteria:

(i) all barriers are to be constructed of consistent high quality materials and are to be of similar design

(ii) all metal framing is to be consistent in colour and quality and be demountable (iii) all canvas infill is to be consistent in background colour and quality (iv) each panel infill is to have a maximum signage area of 0.3 square metres centrally

located. (v) no corporate sponsorship from brewing, beverage, sporting or other commercial

organisation shall appear on the infill panels and the signage shall relate only to the outdoor eating facility at which the panels are located.


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(vi) all panels and framing are to be maintained in a safe, clean and presentable manner to the satisfaction of the responsible authority.

(vii) minimum set backs shall be as follows: • outdoor eating area shall be at least 1.8 metres from cafe/restaurant frontage to

enable a pedestrian thoroughfare • setback of 750mm from kerb

10.9.3 Public Liability (a) No permit shall be issued until the applicant has submitted documentary evidence to the

effect that Public Liability Insurance has been effected to a sum of not less than $5m. in respect of the subject matter of the application.

(b) The policy must record the insurable interest of the Pyrenees Shire Council and be current

throughout the duration of the permit The policy will be endorsed by Council to make it an obligation on the part of the Insurance company to notify the Council if the policy is cancelled or becomes ineffective during the currency of the permit.

(c) Where the policy is cancelled or becomes ineffective the permit shall become invalid from the

time the policy is so cancelled or becomes ineffective.

10.9.4 Licensed Establishments Any consumption or serving of liquor at the tables on the footpath must be in accordance with the Liquor Control Reform Act 1998. 10.9.5 Permits (a) A permit is issued at the discretion of the Chief Executive Officer or his/her delegate. (b) The permit is valid only for the specified business, operating from the specified address, while

it is owned by the specified person/s or Company. (c) A permit will not be issued where footway occupancy would affect traffic visibility. (d) The permit allows for a specified number of tables and chairs or goods displayed in area. If the

permit holder wishes to increase this, he/she must apply in writing to Council. If the application is approved a new permit will be issued.

(e) The permit shall expire: -

• On the 30th day of June next; or • if the business changes ownership; or • if the business changes address; or • if the permit holder’s public liability insurance lapses.

(f) The permit holder may apply for a renewal of the permit providing the application:

(i) is lodged at the Council Office at least 31 days after receiving notice of (ii) requirement for renewal of the existing permit; and (iii) is accompanied by the prescribed fee; and


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(iv) is accompanied by documentation verifying a valid public liability insurance policy as nominated in part 2 of this Local Law.

(g) The permit may be revoked by Council at any time:

(i) if the permit holder fails to comply with any of these standard conditions or any other special conditions specifically applied to the permit; or

(ii) for whatever other reason the Chief Executive Officer or his/her delegate way see fit.

10.9.6 Street Furniture / Displays (a) Displays, tables, chairs, litterbins and any other proposed furniture or appliance shall be of a

design approved by the Chief Executive Officer or his/her delegate. (b) Displays / tables and chairs must be positioned strictly in accordance with the approved plan

or as directed by the appropriate Council Officer at all times. (c) The Chief Executive Officer or his/her delegate reserves the right to alter the display/outdoor

eating area design at any time. This may necessitate a reduction in (d) the number of goods displayed /tables and chairs permitted. (e) A proposed site will normally only be considered if the area is paved. (Outdoor Eating only) (f) Occupation of the footpath will normally be restricted to the permit holder’s street frontage

unless otherwise approved by Chief Executive Officer or his/her delegate after consultation with adjacent property owners.

10.9.7 General Permit Holder’s Responsibilities for Footway Occupancy In addition to requirements of the Local Law the permit holder shall be responsible for: (a) the conduct of patrons at the tables and chairs; (b) ensuring patrons do not re-arrange the tables and chairs; (c) the adequate securing of umbrellas or other shelter; (d) the cleanliness of the occupied area and its immediate surrounds; (e) maintaining a clear footpath with a minimum width of 1.8m; (f) the cost of supply and installation of:

(i) Table and chairs (ii) Litter bins (whether or not they are required by the permit) (iii) Any landscaping (iv) A physical barrier fence if required by Council. Such a barrier fence may be considered

necessary where the occupied area adjoins a traffic lane or other hazard. (v) Any other associated street furniture

(g) The emptying of litter bins beyond the normal services provided by Council.


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(h) The maintenance of the tables and chairs together with any associated street furniture. 10.9.10 BULK RUBBISH CONTAINERS ON A ROAD In determining whether to grant a permit for the placement of a bulk rubbish container on a road, the Council must take into account- (a) whether the placement will obstruct the passage of vehicles and pedestrians, obscure the

view of motorists or present a physical hazard; (b) whether the placement will contravene any traffic control signs; (c) whether hazard lights can be securely attached on the side nearest passing traffic or placed

on a carriageway, so as an approaching motorist can identify the extent and form of the container;

(d) protection of any Council assets; (e) whether an indemnity/guarantee in the form of Schedule 8 has been provided to the Council; (f) the effect on the amenity of the neighbourhood; (g) any other matter relevant to the circumstances of the application. 10.9.11 OCCUPATION OF ROADS FOR WORKS In determining whether to grant a permit for the occupation of roads for works, the Council must take into account- (a) the nature and duration of the works; (b) the likely hazard that the works may constitute to users of the road; (c) the impact of the works on the amenity of the adjoining area; (d) whether an indemnity/guarantee in the form of Schedule 8 has been provided to the Council;

and (e) any other matter relevant to the circumstances of the application. 10.9.12 COLLECTIONS ON ROADS In determining whether to grant a permit to allow collections, the Council must take into account- (a) the times and days it is proposed to collect; (b) the matter or thing to be collected; (c) the roads or areas in which the collections will take place; (d) the impact on traffic and safety of pedestrians;


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(e) the age of participant and capacity of the organiser to supervise the participants; (f) whether an indemnity/guarantee in the form of Schedule 8 has been provided to the Council

and; (g) any other matter relevant to the circumstances of the application. 10.9.13 DEVELOPMENT OF ROAD RESERVE In determining whether to grant a permit for the development of the road reserve, the Authorised officer must take into account - (a) whether proposed plantings are ;

(i) of an annual variety (ii) of a low growth height of less than four metres (iii) in the vicinity of either private vehicular entrance points or road intersections (iv) likely to damage either over head or underground services (v) ornamental or shrub varieties associated with a landscaping purpose (vi) a hazard to the safety of other road users, using established Vic Roads for lateral

clearances.

(b) whether proposed fencing is – (i) a temporary or permanent nature (ii) highly visible (iii) easily frangible (iv) to be established to permit grazing of the road reserve whether for fire reduction

purposes or not (v) not less than four (4) metres from the edge of a sealed pavement (vi) not less than four (4) metres from the centre line of an unsealed pavement

(c) whether the proposed irrigation system

(i) is not closer than four (4) metres from the edge of a sealed road pavement in rural areas

(ii) is not greater than the offset of any existing or proposed roadway kerb and channelling (iii) causes a hazard to the safety and comfort of the road users.

(d) any other matter relevant to the circumstances of the application. 10.9.14 UNLAWFUL PARKING AND OBSTRUCTIONS WARRANTING TOW-AWAY Having regard to the likely level of public nuisance, accidents, danger to pedestrians, congestion and delay to road users the Council is of the view that it is appropriate to use its tow-away powers in the following areas: (a) clearways; (b) peak period No Standing Areas; (c) school Crossing zones; (d) parking areas reserved for vehicles displaying a Disabled Persons Parking Scheme Permit; (e) areas such as intersection zones and approaches to traffic lights, where the size and nature of

the illegally parked vehicle creates an added problem for drivers' and pedestrians' line of sight;

(f) bus lanes, tram lanes or transit lanes;


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(g) at special events, where illegal parking is likely to result in unreasonable (h) congestion; (i) where a clear width of 3 metres has not been left for the passage of vehicles; and (j) where an abandoned vehicle is causing or will cause a hazardous obstruction. 10.9.15 ITINERANT TRADING RESTRICTIONS Criteria to be used when considering Applications In determining whether to grant a permit pursuant to part 6 of this Local Law, the Chief Executive Officer or his/her delegate shall have regard to: (a) the need for the type of service or product proposed; (b) the presentation of any vehicle, equipment, display or personnel associated with the sale of

product or the provision of service; (c) The proposed location and amount of space to be used; (d) The proposed days and hours of operation; (e) The nature and type of activity proposed; (f) Where any food vans are involved the following requirements shall be adhered to:

(i) an inspection to be arranged with Council’s Environmental Health Unit (ii) registration of food van pursuant to Food Act 1984 and regulations made thereunder (iii) provision of hand washing facilities in good working order at all times including hand

basin, liquid soap and disposable paper towel.

(g) Any food premises to comply with all relevant Acts, Regulations and Local Laws under the Food Act 1984 and the Regulations made thereunder;

(h) Compliance with any other Act, Regulation or Local Law as required; (i) Whether the activity will be detrimental to the amenity of the area or will disturb or annoy

nearby property owners or occupiers; (j) Where the proposed use is on public land information demonstrating that the activity will

cause no detriment to the area; (k) The benefit the community might derive from funds raised by door to door selling or the

humanitarian benefit of such funds; (l) Comments or submissions from individuals, organisations or the community about the

proposed service; (m) Any other matter considered relevant by the Chief Executive Officer or his/her delegate.


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Permit Conditions A permit for itinerant trading may be issued subject to conditions as follows: (a) the requirement of the permit holder to have a current contract of Public Liability Insurance

for a sum of at least $5,000,000.00. Such policy to include the interest of the Pyrenees Shire Council as an insured party with appropriate cross liability clauses provided by an authorised insurer;

(b) specifying the type, design, construction, colour and finish of any structure or furniture used

for the purpose of Itinerant Trade; (c) specifying the method of disposal of waste; (d) specifying conditions relating to the emission of noise; (e) specifying types of goods or services offered for sale or sold; (f) nomination of trading site or trading area; (g) compliance with any other Act, Regulation or Local Law as required including the Food Act

1984 and the Regulations made thereunder; (h) that no nuisance is to be caused by operation proposed; (i) that the area around the operation is to be kept in a clean and tidy condition and after the

completion of each trading period; (j) that the permit is restricted to sites as specified; (k) that an application to transfer the permit is required to be made in writing; (l) the proposed days and hours of operation; (m) any other conditions that the Chief Executive Officer or his/her delegate believes are

applicable to the operation of the service.


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PYRENEES SHIRE COUNCIL LOCAL LAW NO. 3 - STREETS AND ROADS

SCHEDULE 1 – NOTICE TO COMPLY Name:

Address:

The following constitutes a breach under provision ………… of the Council’s Local Law No. 3. You must remedy the breach / and carry out the works referred to below within ……. days from the date of this notice. Nature of Breach:

Works to be carried out:

You should contact ……………………………… at the municipal offices between the hours of 8:30am and 5:00pm for any further information about this notice. If you fail to comply with this notice you will be guilty of an offence and liable for payment of the penalty of $.......... and the authorised officer may proceed to carry out the work, the cost of which, in addition to the above penalty you will later be liable for. Name of authorised officer

Date: Telephone:

Signature of authorised officer:


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PYRENEES SHIRE COUNCIL LOCAL LAW NO. 3 - STREETS AND ROADS SCHEDULE 1 – NOTICE OF IMPOUNDING

Name:

Address:

The following item(s) has/have been impounded in accordance with clause 2.6 of the Council’s Local Law No. 3. Describe items impounded:

You may collect these items by attending the municipal offices between the hours of 8:30am and 5:00pm to see a Local Laws officer and by paying the following: Details of Fees and Charges:

If you fail to collect the item(s) and pay the required fees and charges by …………….(date), the authorised officer will proceed to dispose of the item(s) in accordance with the Council’s policy. Name of authorised officer

Date: Telephone:

Signature of authorised officer:


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SCHEDULE 3 – APPLICATION FOR PERMIT (GENERAL) Name of Applicant:

Address:

Wish to apply for a permit pursuant to the Local Law No. 3 clause …………………………. I wish to be able to:

Address of land / premises works are to be carried out on:

Date: Applicant Telephone:

Signature of applicant:

If required: Name of Owner: Signature of owner:

Address of owner:

Fees ($): Date Paid: Receipt #:


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SCHEDULE 4 – APPLICATION FOR PERMIT TO GARAGE A HEAVY VEHICLE (OVER 6 TONNE) ON A RESIDENTIAL PROPERTY

Name of Applicant:

Address:

Address of property at which garaging is proposed:

Applicant is:

Owner Occupant Other Other:

If not included above: Name of occupant:

Name and address of property owner or agent for owner:

Vehicle Registration Number: Vehicle’s Tare:

Vehicle’s Length: Vehicle’s Width:

Vehicle’s Height (maximum):

Time of arrival at property: Time of leaving property:

If the vehicle is associated with a business, state the business:- Name of Business:

Address of Business:

Attach a plan indicating where the vehicle is to be garaged and the distances to the house and fences. Signature of applicant: Date:


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SCHEDULE 5 – PERMIT TO GARAGE A VEHICLE OVER 6 TONNE ON A RESIDENTIAL PROPERTY

This permit is granted to:

To garage a vehicle – registration number:

At:

This permit expires on: ………………………….. and an application is required at least one month before this date to have the permit renewed. The conditions on which this permit is granted are as follows: 1. It must be garaged in a locked garage. 2. It must not be driven in reverse from the property onto the road. 3. It must not be carrying a load when brought onto the property. 4. It must not be started, driven or have its engine running on the property before 7am or after

7pm on any day. 5. It must not be repaired, washed or maintained on the property or on any adjacent road. 6. It must not be parked on any adjacent road (or any other road) for more than one hour. If

parked during the hours of darkness, it’s parking lights must be illuminated. 7. Nuisance to neighbours from noise of smell must be avoided. 8. The property must be kept in a clean and tidy condition. There are to be no oil drums, large

vehicle parts or other large associated articles on the property. Small parts or small associated articles are not be within view from any road at any time.

9. The requirements of the Planning Scheme or any Planning Permit for the site must be complied with.

Other:

If you have any queries regarding these conditions, you should telephone the Local Laws Officers on 03 5349 1100. Failure to comply with these conditions may result in cancellation of the permit and payment of a penalty. Signature of authorised officer: Date:


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SCHEDULE 6 – LOCAL GOVERNMENT ACT 1989, TOW-AWAY OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES NOTICE

Date of Notice:

To:

Address (if known):

The records kept by the Roads Corporation disclose that you are the owner of the vehicle described below. On the date set out below the vehicle was towed or removed to the location described below, in accordance with Council’s Streets and Roads Local Law. Unless by the date set out below, you (or a person authorised by you) claim the return of the vehicle and pay to Council the fee set out below the vehicle may be destroyed, delivered to a municipal tip, given away or sold by auction or public tender. Vehicle Registration Number / Description:

Date when towed away or removed:

Location to which towed away or removed

Fee to be paid ($): Date to be Claimed and Paid:

Signature of authorised officer: Date:


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SCHEDULE 7 – INFRINGEMENT NOTICE Date of Notice: Notice Number:

To:

Address:

I, ……………………………………… being a duly authorised officer of the Pyrenees Shire Council have reason to believe that you have committed an offence against the Local Law No. 3 of the Council. The nature of the alleged offence and penalty is indicated below: Clause Number:

Nature of Infringement:

Applicable Penalty ($):

Other particulars of alleged offence: Date: Time:

Location:

If you pay the penalty indicated within 28 days from the date of this notice to the Pyrenees Shire Council by Cheque, cash or money order for the full amount this matter will not be bought to court and no conviction will be recorded. You are entitled to disregard this infringement notice and defend the prosecution for the offence in Court. Should you wish to make any submission concerning this infringement notice contact should be made with the Council’s Authorised Officer. Signature of authorised officer: Date:


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SCHEDULE 8 – GUARANTEE/FORM OF INDEMNITY AGAINST THIS LOCAL LAW GUARANTEE

Name of Guarantor:

Address of Guarantor:

Occupation of Guarantor:

In consideration of the Permit being granted to me:

HEREBY COVENANTS with the PYRENEES SHIRE COUNCIL. (hereinafter referred to as “the Council”) that will indemnify and keep indemnified the Council pursuant to the terms of the indemnity and will observe all obligations herein contained and in default of payment of observance or performance of such obligations I will pay and make good to the Pyrenees Shire Council on demand all losses, damages, costs and expenses thereby arising or incurred by the Council PROVIDED always that it is agreed that any neglect or forbearance by the Council in endeavouring to obtain payment or to enforce the performance of the covenants at any time which may be given by the Council to me shall not release or in any way affect my liability under this Guarantee and I further agree that the Guarantee is a continuing Guarantee and that my liability shall not be affected by any indulgence shown to me by the Council. SIGNED SEALED AND DELIVERED by the ) ) Said …………………………………………… ) ………………………………… ) in Victoria in the presence of: ) WITNESS: …………………………………………… APPLICANT: …………………………………………


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SCHEDULE 9 – APPLICATION FOR PERMIT (TEMPORARY DWELLINGS 7.15) Name of Applicant:

Address:

Wish to apply for a permit pursuant to the Local Law No. 3 Clause 7.15 to erect, establish or occupy a temporary dwelling on: Address of Property:

I enclose with this application the following: • Design concept pan (drawn to scale) showing the exterior design and dimensions of the proposed

dwelling. • Details of type and colour of the exterior wall cladding proposed. (Note – external walls may only

be constructed of conventional or mud brick, concrete, stone, slate or wood and if painted shall be painted in an acceptable muted colour).

• Details of the type and colour of the roofing materials propoposed. (Note – this must be made of non-reflective material or painted in a muted colour and can only include corrugated iron sheeting, proprietary brand roof tiles of clay, concrete, stone or slate.)

• The location of the proposed dwelling on the land. Date: Applicant Telephone:

Signature of applicant:

If required: Name of Owner: Signature of owner:

Address of owner:

Fees ($): Date Paid: Receipt #:

Signature of authorised officer: Date:


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SCHEDULE 10 – FORM OF INDEMNITY Date of Indemnity:

By the (hereinafter called “the Indemnifier”:

To the Pyrenees Shire Council (hereinafter called “the Council”) Occupation of Guarantor:

In consideration of the Permit being granted to me:

HEREBY COVENANTS with the PYRENEES SHIRE COUNCIL. WHEREAS the Indemnifier has applied to the Council for authority to use portion of a road or other public area within the municipal district under the Council's Local Law No.3. NOW THIS INDENTURE WITNESSETH that in consideration of the Council granting such authority the Indemnifier INDEMNIFIES and will KEEP the Council INDEMNIFIED against any and for all damage to or loss of any equipment and property owned by or under the control of the Council in or adjacent to the area wherein such *

is situated and against any claim arising out of all injuries and damage suffered by any person whatsoever including the Indemnifier any employee or agent sub-contractor or any customer of the Indemnifier resulting from the use of the said area in the manner and for the purposes aforesaid. SIGNED SEALED AND DELIVERED by the ) ) Said …………………………………………… ) ………………………………… ) in Victoria in the presence of: ) WITNESS: …………………………………………… APPLICANT: …………………………………………


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FEE STRUCTURE Letter Boxes Clause 5.2.2

Permit to erect a letter box on a road reserve. Fee: $

Horses on Reserves Clause 6.2.1 Permit to ride or lead a horse or authorise another person to ride or lead a horse. Fee: $

Parking of Vehicle over 6 Tonne

Clause 6.3.1 Permit to allow a vehicle over 6 tonne to be parked, kept, stored or repaired. Fee: $

Discharge of Water Clause 7.1.1 Permit to discharge water. Fee: $

Erect Advertising Sign

Clause 7.2.1 Permit to erect or place an advertising sign on a road or land under Council control. Fee: $

Roadside Trading Clause 7.3.1 Permit to erect or place a vehicle, caravan, trailer, stall or similar structure on a road. Fee: $

Trading to a person on a Road

Clause 7.3.2 Permit to sell or offer for sale goods and services from a property or public place. Fee: $

Locating goods for sale

Clause 7.3.7 Permit to place or display goods for sale. Fee: $

Outdoor Eating Facilities

Clause 7.3.10 Permit to establish an outdoor eating facility Fee: $

Itinerant Trading Clause 7.3.11 Permit for itinerant trading Fee: $ 50.00

Clause 7.4.1 Permit to place a bulk rubbish container on a road Fee: $

Street Parties Clause 7.6.1 Permit to hold a street party, festival or procession on a road. Fee: $

Development of a road reserve

Clause 7.6.2 Permit to develop a road reserve. Fee: $

Documents

Pyrenees Shire Council Local Law No. 3 Streets and Roads · (a) to provide and control for the management of traffic, use of roads by persons, and vehicles and animals and to regulate