Published on 11 November 2019

Public Notice: Notice of the making of Local Laws

Notice is given pursuant to section 119(3) of the Local Government Act 1989 (Act), that Glen Eira City Council (Council), at its ordinary council meeting on Wednesday 6 November 2019, resolved to make the:

• Glen Eira City Council Community Local Law 2019 (Community Local Law); and
• Glen Eira City Council Meeting Procedure 2019 (Council Meeting Procedure) (together the Local Laws).

The objectives of the Community Local Law are to:

  1. provide for the peace, order and good government of the Municipal District; and
  2. promote a physical and social environment free from hazards to health, in which the local community of and visitors to the Municipal District can enjoy a quality of life that meets the general expectations of the local community; and
  3. protect Council Assets; and
  4. protect the use of Public Places and control activities in or near them; and
  5. control noise, behaviour and liquor consumption in specified places, smoking in specified buildings and vehicles, busking, advertising signs, works and obstructions on roads, street trading and other activities; and
  6. regulate the number and manner of keeping of animals; and
  7. prohibit, regulate and control certain activities, events, practices or behaviours which cause detriment to the amenity of the Municipal District, nuisance or damage to property.

The purpose and general purport of the Community Local Law are to:

  • empower Council to relocate vehicles which interfere with Council’s road works;
  • regulate applications for and the granting of permits, conditions of permits, payment of fees and other relevant matters;
  • establish penalties for offences and provide for enforcement proceedings;
  • empower Council to recover costs of enforcement;
  • empower authorised Council officers to issue infringement notices, a Notice to Comply and directions in relation to certain matters under the Community Local Law;
  • empower authorised Council officers to act in urgent circumstances;
  • provide for offences by corporations;
  • empower Council to impound and dispose of goods on Council Land or a road;
  • provide for the internal review of certain decisions;
  • require a person to obtain a permit from Council in relation to:
    • placing any tree or filling on a Council easement;
    • damage, destruction or interference with Council Land, Council Assets or road, except in certain circumstances;
    • any works on any road or Council Land that involves fencing off part of a road, erecting a hoarding, scaffolding or overhead protective awning, using machinery for any building works, leaving or storing any building materials or machinery or for any other non-road purpose, except in certain circumstances;
    • commencing building activity on a building site, except in certain circumstances;
    • undertaking building activity outside specified times and days, except in certain circumstances;
    • construction of a vehicle crossing or a temporary vehicle crossing;
    • damage or interference with a Council drain or a waterway on or under Council Land;
    • discharge of any substance, other than untreated stormwater, into the stormwater system;
    • riding, driving, stopping or parking a motor vehicle in a Public Reserve other than in designated areas, except in certain circumstances;
    • launching, flying or landing a model aeroplane in a Public Reserve;
    • organising certain formal or structured sporting or social activities on Council Land other than in designated locations;
    • holding a street party, festivals and processions on a road;
    • placing a receptacle on any road or Council Land except in certain circumstances;
    • filming on Council Land, other than for private use;
    • lighting fires in the open air, except in certain circumstances;
    • camping or erecting any temporary or permanent shelter on any land, except in certain circumstances;
    • conducting a circus, carnival or festival, except in certain circumstances;
    • placing or causing to be placed a mobile billboard on a road;
    • placing or displaying an advertising sign on a road, Council Land or buildings;
    • busking on any road or Council Land;
    • placing furniture on a road;
    • conducting certain commercial activities on any Council Land, road or a Public Reserve, except in certain circumstances;
    • soliciting or collecting money, gifts or subscriptions in any Public Place;
    • supplying or consuming liquor on any Council Land or road for an activity involving 40 people or more, except in certain circumstances; and
    • keeping more than a specified number of animals or types of animals, except in certain circumstances.
  • prohibit the following matters:
    • a person in charge of a building site failing to comply with the Building Site Management Code of Practice, except in certain circumstances;
    • unreasonably interfering with authorised activities within a Public Reserve;
    • failing to comply with a direction from an authorised Council officer to leave a Public Reserve or Council Land;
    • inappropriate behaviour on Council Land;
    • participating in or allowing informal sporting activities that unreasonably interfere with another person’s use of Council Land;
    • planting any tree or plant on a nature strip without a permit and other than in compliance with the Nature Strip Planting Guidelines;
    • defacing of any sign or advertisement on Council Land;
    • repairing or commercial display for sale of a motor vehicle on a road or Council Land, except in certain circumstances;
    • park or leave standing an abandoned, derelict and unregistered vehicle on a road;
    • installing or using an incinerator in a residential area;
    • leaving a shopping trolley outside a designated area;
    • failing to follow a direction from an authorised Council officer to collect a shopping trolley;
    • making available for use a shopping trolley which does not have a coin mechanism or is not secured by a Council approved perimeter containment system, except in certain circumstances;
    • having aerosol paint containers for sale that are visible from publicly accessible areas and not securely stored;
    • failing to comply with a direction to return overdue library material;
    • impersonating Council staff;
    • allowing discharge from a fire that constitutes a nuisance or is an unreasonable interference with the amenity of any other person;
    • unauthorised use of Council’s logo;
    • consuming or possessing liquor in an unsealed container in any Public Place in the Caulfield Alcohol Free Zone on Race Meeting Days, except in certain circumstances;
    • smoking in Council premises or motor vehicles;
    • leaving litter on Council Land, except in certain circumstances;
    • damaging garbage bins or not complying with the Mobile Garbage Bins, Recycling Containers and Organics Containers policy in relation to their use;
    • shooting or snaring any animal on Council Land;
    • failing to have or produce a litter device when in control of an animal or allowing the excrement deposited by the animal to remain on Council Land, a road or Caulfield Racecourse, except in certain circumstances;
    • keeping animal enclosures in an unsatisfactory manner, keeping an animal if there is an adverse impact on residential amenity, or keeping a dog without adequate fencing;
    • feeding birds on private land that are not ordinarily kept there;
    • failing to follow a direction from an authorised Council officer not to feed birds on Council Land or road;
    • allowing a property to be dangerous, unsightly or a fire hazard;
    • allowing a gate, tree, plant or other structure to cause an obstruction or danger on a road;
    • allowing a tree, plant or sign to encroach onto a footpath or road;
    • failing to clearly identify a property with a Council allocated number;
    • failing to have and use a vehicle crossing to access a property from a road, retaining a vehicle crossing that is no longer required or failing to comply with a vehicle crossing notice;
    • selling or hiring a parking permit, using a forged or counterfeit parking permit or failing to comply with parking permit conditions;
    • obtaining a permit by false representations, failing to produce a permit or failing to comply with permit conditions; and
    • failing to comply with a Notice to Comply or direction from an authorised Council officer.

The objectives of the Council Meeting Procedure are to:

  1. provide for the peace, order and good government of the Municipal District; and
  2. provide for the administration of Council’s powers and functions; and
  3. regulate proceedings at meetings of Council or a special committee and other meetings conducted by or on behalf of Council where Council has resolved that the provisions of the Council Meeting Procedure are to apply; and
  4. regulate the procedure for the election of the Mayor and Deputy Mayor; and
  5. promote and encourage local community participation in the system of local government by providing mechanisms within the meeting arrangements for Council to ascertain the local community’s views and expectations; and
  6. regulate the use of the Common Seal; and
  7. prohibit unauthorised use of the Common Seal or any device resembling the Common Seal; and
  8. revoke the Glen Eira City Council Local Law 2009.

The purpose and general purport of the Council Meeting Procedure are to:

  • regulate the use of Council’s Common Seal;
  • regulate the election of the Mayor and Deputy Mayor;
  • regulate the conduct of meetings of Council and committees, including in relation to public participation and petitions;
  • establish penalties for offences and provide for enforcement proceedings;
  • prohibit the following matters:
    • improper use of the Common Seal;
    • failing to follow a direction to leave a Council meeting; and
    • disorderly conduct by a Member at a Council meeting.

The Local Laws come into operation on Thursday 7 November 2019. A copy of the Local Laws can be inspected, during office hours, at Glen Eira City Council office, at corner Glen Eira and Hawthorn
Roads, Caulfield and on Council’s website.

Rebecca McKenzie
Chief Executive Officer

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