Possible re-wording of local laws

by Kitka Hiltula | Dec 10, 2019 | Local Law No. 2 Submissions | 0 comments

Hey everyone, I would appreciate some feedback if the re-wording suggested below would improve these new laws?

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Hepburn Shire Local Law 2

2.1 A person must not in a municipal place or public place:

(c) destroy, damage or maliciously interfere with any building, fence, property improvements, sign, structure, chattel, tree, shrub or plant, garden bed, bird or animal;

2.2 A person must not destroy, damage, remove, maliciously interfere with, or permanently attach to anything in, on or under a road, footpath or public place.

Note: These two clauses are so broadly worded that they could imply that just chaining a bicycle up to a post or fence is forbidden.

2.21 Planting vegetation on roads

A person must not, without a permit, or in accordance with a council plan or policy relating to planting vegetation on roads, being a document incorporated by reference into this Local Law, plant any trees or other vegetation on any part of a road which will interfere with utilities, the safe movement of people or vehicles, grow to a height of over 2 metres or produce fruit or seeds which cause a nuisance to others.

Note: It would be a shame to stop people from taking pride in their road frontage by planting attractive plants. Applying for a permit would not be necessary if simple guidelines are followed.

2.4. Use of vehicles in a public place

A person must not ride or drive any motor car, motor cycle, bicycle or other motorised vehicle in any municipal place other than in an area set aside for vehicle parking or any designated roadway.

Note: I do not believe bicycles cause any issues and are a sustainable form of transport.

2.5 Festivals, carnivals and circuses

2.5.1 A person must not, without a permit, conduct a festival, carnival, circus, parade or other similar activity in a public place.

2.5.2 delete completely

Note: The first clause above covers the necessary public activities. It is already fairly vague, mentioning ‘other similar activity’.

2.11 Vehicle repair

A person must not, without a permit, dismantle, repair or carry out maintenance on a vehicle in a public place, unless in an emergency breakdown situation such as (for example) a flat tyre.

Note: this seems fair and logical.

2.12 Outdoor eating facilities

A person must not, without a permit, place on a road, footpath or public place 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, in such a way that endangers the passage of people or vehicles.

Note: This is too broad – I would not support forcing everyone to apply for a permit for simply sitting on a chair to eat in a public place.

2.15 Trading in a public place

A person must not without a permit: (a) sell, offer or display for sale any goods or services from a public place; or (b) erect, place or in any other way, leave any structure or physical thing in a public place for the purposes of selling, displaying or offering for sale any goods or services. Exceptions would be temporary paper or cardboard signs for temporary events such as a garage sale.

Note: Casual happenings like garage sales should not require a permit.

2.18 Firewood collection on Council land

A person must not, without a permit, remove firewood, including dead trees and fallen branches, flowers, other vegetation or fruit from a road reserve or Council land, unless permitted to do so by Council signage, unless it is to move recently fallen debris a safe distance from roads and footpaths for the safe passage of people, animals or vehicles.

Note: This law would prohibit foraging for wild herbs or fruit, and implies that all fallen branches are not to be touched without applying for a permit, which is just impractical.

4.7 Scavenging – delete entirely.

Note: I would advocate for Transfer Stations to erect signage advising citizens that they approach any rubbish piles at their own risk. Salvaging materials is a good way to stop more rubbish from going to landfill.


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