{"id":"alice-springs-management-of-public-places-bylaws-2009","name":"ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009","slug":"alice-springs-management-of-public-places-by-laws-2009","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174204,"registerId":"nt-alice-springs-management-of-public-places-bylaws-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009","content":"NORTHERN TERRITORY OF AUSTRALIA\nALICE SPRINGS (MANAGEMENT OF PUBLIC PLACE) BY-LAWS 2010\nAs in force at 5 August 2010\nTable of provisions\nPart 1 Executive and administrative\n1 Citation ............................................................................................ 1\n2 Objectives ........................................................................................ 1\n3 Enactment and commencement ...................................................... 1\n4 Application ....................................................................................... 2\n5 Definitions ........................................................................................ 2\n6 Registrar .......................................................................................... 3\n7 Determinations by Council ............................................................... 4\n8 Permits ............................................................................................ 4\n9 Register ........................................................................................... 5\nPart 2 Activities requiring permit\nPart 2.1 Vehicles\n10 Definitions ........................................................................................ 5\n11 Requirement for permit .................................................................... 6\n12 Speed limit ....................................................................................... 6\nPart 2.2 Trade and entertainment\n13 Sale of goods ................................................................................... 6\n14 Stacking goods ................................................................................ 7\n15 Outdoor dining ................................................................................. 7\n16 Public entertainment ........................................................................ 7\nPart 2.3 Stalls\n17 Application ....................................................................................... 8\n18 Markets ............................................................................................ 8\n19 Conducting business from a stall ..................................................... 8\n20 Prohibited goods.............................................................................. 8\n21 Prohibited conduct ........................................................................... 9\nPart 2.4 Advertising and hoardings\n22 Distributing commercial material...................................................... 9\n23 Placing or affixing promotional material ........................................... 9\n24 Promotional material on private premises ..................................... 10\n25 Advertising on or adjacent to buildings .......................................... 10\n\nAlice Springs (Management of Public Places) By-laws 2010 ii\nPart 2.5 Camping\n26 No camping ................................................................................... 10\nPart 2.6 Council infrastructure\n27 Certain works prohibited without permit ......................................... 11\n28 Excavating private premises .......................................................... 11\n29 Driveways ...................................................................................... 12\n30 Prescribed loads and vehicles ....................................................... 12\nPart 2.7 Other activities\n31 Dangerous waters ......................................................................... 12\n32 Applying graffiti .............................................................................. 13\n33 Demonstrations and protests ......................................................... 13\n34 Projectiles ...................................................................................... 13\n35 Aircraft and parachutes ................................................................. 13\n36 Fire ................................................................................................ 13\n37 Fireworks ....................................................................................... 14\n38 Grazing .......................................................................................... 14\n39 Planting vegetation ........................................................................ 14\n40 Disturbing vegetation ..................................................................... 14\nPart 3 Prohibited activities and conduct\nPart 3.1 Offences relating to the environment\n41 Littering .......................................................................................... 14\n42 Removal of graffiti.......................................................................... 15\n43 Dumping of goods and materials ................................................... 16\n44 Discharge of fluids ......................................................................... 16\n45 Washing and repairing of vehicles ................................................. 17\nPart 3.2 Offences relating to liquor\n46 Definitions ...................................................................................... 17\n47 Drinking liquor in a public place ..................................................... 17\n48 Opened liquor container in a public place ...................................... 18\n49 Power of authorised person ........................................................... 18\nPart 3.3 Offensive behaviour\n50 Causing nuisance .......................................................................... 18\n51 Indecent behaviour ........................................................................ 19\n52 Obscene or offensive material ....................................................... 19\n\nAlice Springs (Management of Public Places) By-laws 2010 iii\nPart 3.4 Offences relating to Council infrastructure\n53 Bicycles and skateboards .............................................................. 19\n54 Obstructing use ............................................................................. 20\n55 Causing damage to road surface................................................... 20\n56 Causing damage to property ......................................................... 20\nPart 4 Impounding\nPart 4.1 Right to impound vehicle\n57 Vehicle pound ................................................................................ 21\n58 Abandoned vehicles and vehicles at risk ....................................... 21\n59 Persistent parking breach .............................................................. 21\n60 Notice of impounding ..................................................................... 22\nPart 4.2 Release and disposal of vehicle\n61 Release fee ................................................................................... 22\n62 Release to owner........................................................................... 23\n63 Sale or disposal of vehicle ............................................................. 23\n64 No claim by owner ......................................................................... 23\nPart 4.3 Abandoned items\n65 Impounding and disposal ............................................................... 23\nPart 5 Enforcement\nPart 5.1 Requisitions\n66 Works to be carried out ................................................................. 24\n67 Council may carry out works.......................................................... 24\n68 Overhanging vegetation ................................................................ 25\nPart 5.2 Acting contrary to permit\n69 Conditions of permit ....................................................................... 25\n70 Unreasonable obstruction .............................................................. 26\n71 Safety lights ................................................................................... 26\n72 Maintenance of signs ..................................................................... 27\nPart 5.3 General powers of authorised person\n73 Hindering or obstructing ................................................................ 27\n74 Authorised person requiring information ........................................ 27\n75 Proof of identity.............................................................................. 27\n76 False statement in document......................................................... 28\n77 Moving on persons ........................................................................ 28\n\nAlice Springs (Management of Public Places) By-laws 2010 iv\n78 Removal of persons....................................................................... 29\nPart 5.4 Contravention and penalties\n79 Regulatory offence ........................................................................ 29\n80 Service of notices .......................................................................... 29\n81 Penalties ........................................................................................ 29\n82 Infringement notices ...................................................................... 29\nSchedule\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 5 August 2010\n____________________\nALICE SPRINGS (MANAGEMENT OF PUBLIC PLACE) BY-LAWS 2010\nBy-laws under the Local Government Act 2019\nPart 1 Executive and administrative\n1 Citation\nThese By-laws may be cited as the Alice Springs (Management of\nPublic Places) By-laws 2010.\n2 Objectives\nThe objectives of these By-laws are to provide for:\n(a) the peace, order and good government of the municipality;\n(b) a safe and healthy environment so that the community within\nthe municipality can enjoy a quality of life that meets its\nexpectations;\n(c) the safe and fair use and enjoyment of public places;\n(d) the protection and enhancement of the amenity and\nenvironment of the municipality;\n(e) the fair and reasonable use and enjoyment of private land;\nand\n(f) the uniform and fair administration of these By-laws.\n3 Enactment and commencement\n(1) These by-laws were made by special resolution of the Alice Springs\nTown Council on the 26th day of July 2010 pursuant to Part 13.1 of\nthe Local Government Act 2008.\n(2) These by-laws have force and effect from the 1st day of\nFebruary 2010 or the date that they are notified in the Gazette\nwhichever is later.\n\nPart 1 Executive and administrative\nAlice Springs (Management of Public Places) By-laws 2010 2\n(3) The Alice Springs (Control of Public Places) By-Laws 1987\n(Subordinate Legislation No. 41 of 1987) and the Alice Springs\n(Todd Mall) By laws 1992 (Subordinate Legislation No. 1 of 1992)\nare repealed.\n4 Application\nThese By-laws apply to all public places within the municipality.\n5 Definitions\nIn these By-laws:\nauthorised person means either a person appointed by Council\nunder Division 1 of Part 9.6 of the Local Government Act 2008 or a\nmember of the Police Force.\nbicycle includes a tricycle and any pedal-powered vehicle.\nbody means an association of members whether or not that\nassociation is incorporated.\ndriveway means a vehicle driveway connecting private premises to\na road whether or not it passes over a footpath.\nfootpath means that part of a road in the municipality which has\nbeen made or set apart to be used otherwise than for the passage\nor accommodation of vehicles and includes walkways and bicycle\npaths.\ngoods includes food, beverages, wares, merchandise, paintings,\nartwork, raffle tickets, tokens, badges and shares.\ngraffiti means any drawing, figure, inscription, mark, message,\nslogan, symbol or object written, painted, drawn, etched, placed or\notherwise made on the exterior of premises or urban infrastructure.\nliquor has the same meaning as in the Liquor Act 2019.\nmunicipality means the municipality of Alice Springs.\npark, garden or reserve means land, being a public place, which\nis vested in, leased or licensed to or under the care, control or\nmanagement of Council and capable of being used as a park,\ngarden recreation ground, oval, playing field or reserve.\npremises includes land, buildings and fences.\npermit means a permit granted under By-law 8(1).\n\nPart 1 Executive and administrative\nAlice Springs (Management of Public Places) By-laws 2010 3\nprivate premises means any premises on land which is privately\nowned regardless of the purpose for which it is used.\npublic place includes Todd Mall, the Todd River and any place or\nroad which the public are allowed to use, whether or not the\nthoroughfare or place is on private property, but does not include\nthe interior of buildings on private land from which trading is lawfully\nconducted.\nRegistrar means the person appointed under By-law 6(1).\nRepealed By-laws mean the Alice Springs (Control of Public\nPlaces) By-laws 1987 (Subordinate Legislation No. 41 of 1987) and\nthe Alice Springs (Todd Mall) By-laws 1992 (Subordinate\nLegislation No. 1 of 1992); and\nsell, in relation to goods, means offering or exposing goods for\nsale, hire or barter.\nTerritory means the Northern Territory of Australia.\nTodd Mall means the Todd Mall declared to be a pedestrian mall\nunder section 25A of the Control of Roads Act 1953; and\nvehicle means a conveyance or carriage, whether or not capable of\nself-propulsion or registration under the Motor Vehicles Act 1949,\nbut does not include:\n(a) a bicycle; or\n(b) perambulator or a device designed principally for the carriage\nof a disabled person.\n6 Registrar\n(1) Council must appoint an authorised person to be the Registrar for\nthe purposes of these By-laws.\n(2) The Registrar may exercise and perform the powers and functions\nof Council under these By-laws other than the power to make a\ndetermination.\n(3) A power or function exercised or performed by the Registrar under\nclause (1) is deemed to have been exercised or performed by\nCouncil.\n(4) The exercise or performance of a power or function by the Registrar\nunder clause (1) does not prevent the exercise or performance of a\npower or function by Council.\n\nPart 1 Executive and administrative\nAlice Springs (Management of Public Places) By-laws 2010 4\n7 Determinations by Council\n(1) To facilitate the administration of these By-laws, Council may make\ndeterminations from time to time.\n(2) A determination may only be made by resolution of Council.\n(3) A determination has force and effect after notice of the passing of\nthe resolution has been published in a newspaper circulating in the\nmunicipality.\n(4) A determination continues to have force and effect until the\ndetermination is varied or revoked by a subsequent determination.\n(5) Council may make a determination in respect of the following\nmatters:\n(a) the type and class of permits that may be issued under these\nBy-laws;\n(b) the fee for issue of a type or class of permit under these\nBy-laws;\n(c) the dispensation of a person or class of persons with\ncompliance with any requirements under these By-laws or any\npart of them;\n(d) goods or things determined under By-law 20(i);\n(e) the maximum weight of a loaded vehicle or the type of vehicle\nunder By-law 30(1);\n(f) a day on which members of the public may discharge\nfireworks within the municipality under By-law 34(2);\n(g) a vehicle pound under By-law 57; and\n(h) a release fee under By-law 61.\n8 Permits\n(1) A permit may be granted by Council to a person on the application\nof that person for an activity in a public place that would otherwise\nbe unlawful under these By-laws.\n(2) An application under clause (1) must be in the approved form\naccompanied by the determined fee and such other information as\nCouncil considers relevant and requires to be produced.\n(3) On receipt of an application Council may grant or refuse to grant\nthe permit.\n\nPart 2 Activities requiring permit\nPart 2.1 Vehicles\nAlice Springs (Management of Public Places) By-laws 2010 5\n(4) A permit shall be in such form as the council may approve from\ntime to time and valid for the period and subject to such conditions\nas the Council deems fit and endorses on the permit.\n(5) A permit may at any time be revoked by Council as it deems fit.\n(6) A permit may not be transferred by the permit holder to another.\n(7) A permit granted under either of the Repealed By-laws and being in\nforce immediately before the commencement of these By-laws\ncontinues in force according to its conditions.\n9 Register\nThe Registrar must cause to be kept a register of determinations,\ndispensations and permits made or granted under these By-laws\ncurrent at any time for the immediately preceding two years.\nPart 2 Activities requiring permit\nPart 2.1 Vehicles\n10 Definitions\nIn this Part 2.1:\nemergency vehicle means a vehicle under the control of:\n(a) a member of the Police Force;\n(b) an employee or volunteer of a fire brigade;\n(c) an officer of an ambulance brigade; or\n(d) a person whose use of the vehicle is authorised by an officer\nof the Northern Territory Emergency Service, and who is using\nit in the course of his or her duty; and\nservice vehicle means:\n(a) a vehicle under the control of an officer of, and used for the\npurposes of:\n(i) Council;\n(ii) a department whose responsibilities for the time being\ninclude highways, the construction and maintenance of\ngovernment works, or planning and urban development;\n\nPart 2 Activities requiring permit\nPart 2.2 Trade and entertainment\nAlice Springs (Management of Public Places) By-laws 2010 6\n(iii) a body established by a law of the Northern Territory of\nAustralia whose responsibilities include the supply of\nelectricity or the making available of sewerage services\nor water supply services within the Territory; or\n(iv) a body established by a law of the Commonwealth of\nAustralia having responsibility to plan, establish,\nmaintain or operate telecommunications services within\nAustralia; or\n(b) used under arrangements for the regular removal of garbage.\n11 Requirement for permit\n(1) A person must not, without a permit, ride, drive or propel a vehicle\nonto or within or cause it to stand within:\n(a) Todd Mall; or\n(b) any park, garden or reserve.\n(2) Clause (1) does not apply where the vehicle is an emergency or\nservice vehicle.\n(3) Clause (1)(a) does not apply where the vehicle is a:\n(i) vehicle engaged in the delivery of goods and used in Todd\nMall for that purpose with the permission of an authorised\nperson; or\n(ii) vehicle the presence of which in Todd Mall has been allowed\nby an authorised person as appearing to that person to be\nwarranted by special circumstances.\n(4) A person who contravenes clause (1) is guilty of an offence.\n12 Speed limit\n(1) A person must not ride, drive or propel a vehicle within Todd Mall or\nany park, garden or reserve at a speed exceeding 5 kilometres per\nhour.\n(2) A person who contravenes clause (1) is guilty of an offence.\nPart 2.2 Trade and entertainment\n13 Sale of goods\n(1) A person must not, without a permit, sell goods in a public place.\n\nPart 2 Activities requiring permit\nPart 2.2 Trade and entertainment\nAlice Springs (Management of Public Places) By-laws 2010 7\n(2) Clause (1) does not apply where:\n(a) a person sells at any one time no more than one vehicle in a\npublic place adjacent to or in the immediate vicinity of the\nperson's place of residence; or\n(b) Part 2.3 applies.\n(3) A person who contravenes clause (1) is guilty of an offence.\n(4) For clause 2(a):\n(a) vehicle includes a boat; and\n(b) the person must not act as agent of the owner of the vehicle.\n14 Stacking goods\n(1) Subject to Part 2.3, a person must not, without a permit, stack,\nstore, or expose, or permit the stacking, storing or exposing of\ngoods, whether or not for sale, in, on or over a public place or\noutside a building adjoining a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n15 Outdoor dining\n(1) A person must not as part of a business involving the service of\nfood or drink, without a permit:\n(a) provide tables or chairs in a public place for the use by the\ncustomers of that business; or\n(b) serve those customers with food or drink in a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) For clause (1), drink includes liquor.\n16 Public entertainment\n(1) A person must not in a public place, without a permit, perform or\noffer entertainment for or in expectation of reward.\n(2) A person who contravenes clause (1) is guilty of an offence.\n\nPart 2 Activities requiring permit\nPart 2.3 Stalls\nAlice Springs (Management of Public Places) By-laws 2010 8\nPart 2.3 Stalls\n17 Application\nIn this Part 2.3, stall means a structure in or from which goods are\noffered for sale and includes a tent, motor vehicle, caravan, trailer\nor table.\n18 Markets\n(1) A person or body must not, without a permit, organise or attempt to\norganise a market in a public place.\n(2) A person or body who contravenes clause (1) is guilty of an\noffence.\n19 Conducting business from a stall\n(1) A person must not, without a permit, conduct business from a stall\nin a public place.\n(2) The permit referred to in clause (1):\n(a) must not be granted unless and until the person enters into a\nlicence agreement in an approved form with Council in respect\nof the area that the stall occupies; and\n(b) may be granted:\n(i) direct to the person; or\n(ii) to another person or body responsible for organising a\npermitted market in which the person conducts the\nbusiness.\n(3) A person who contravenes clause (1) is guilty of an offence.\n20 Prohibited goods\n(1) A person must not, in the conduct of business from a stall in a\npublic place, hold or trade at the stall:\n(a) obscene or offensive goods or material deemed obscene or\noffensive by an authorised person;\n(b) counterfeit or other goods or materials where the sale of such\nitems would breach the intellectual property of a third party;\n(c) toy or cap guns;\n\nPart 2 Activities requiring permit\nPart 2.4 Advertising and hoardings\nAlice Springs (Management of Public Places) By-laws 2010 9\n(d) real or replica weapons;\n(e) dangerous or illegal substances;\n(f) fireworks;\n(g) goods or materials not complying with relevant or applicable\nAustralian Standards;\n(h) animals of any kind; or\n(i) goods or things so determined from time to time.\n(2) A person who contravenes clause (1) is guilty of an offence.\n21 Prohibited conduct\n(1) A person must not, in the conduct of business from a stall in a\npublic place:\n(a) call his goods or cause to make a noise or disturbance likely\nto be a nuisance or cause annoyance to a person in the\nvicinity of the stall;\n(b) deposit or store packages or goods except within the stall;\n(c) obstruct the passage of pedestrians or vehicles; or\n(d) act in a manner deemed offensive by an authorised person.\n(2) A person who contravenes clause (1) is guilty of an offence.\nPart 2.4 Advertising and hoardings\n22 Distributing commercial material\n(1) A person must not, without a permit, distribute in a public place any\nhandbill, poster, placard, sign, advertising or other printed material,\ngoods or gift that advertises or promotes a commercial product or\nservice.\n(2) Clause (1) includes causing the material to be distributed.\n(3) A person who contravenes clause (1) is guilty of an offence.\n23 Placing or affixing promotional material\n(1) A person must not place or affix to or within a public place without a\npermit any handbill, poster, placard, sign, advertising or other\nprinted material.\n\nPart 2 Activities requiring permit\nPart 2.5 Camping\nAlice Springs (Management of Public Places) By-laws 2010 10\n(2) Clause (1) includes:\n(a) placing or affixing the material to a power pole or sign post\nwithin a public place; and\n(b) causing the material to be so placed and affixed.\n(3) A person who contravenes clause (1) is guilty of an offence.\n24 Promotional material on private premises\n(1) The owner or occupier of private premises must not, without a\npermit, erect or permit the use of a building, surface or structure\nover or in view of a public place on those premises for placing or\naffixing thereon a handbill, poster, placard, sign, advertising or\nother printed material having an area greater than 0.5m².\n(2) A person who contravenes clause (1) is guilty of an offence.\n25 Advertising on or adjacent to buildings\n(1) A person must not, without a permit, affix, paint, carve, engrave or\nproject, or permit to remain affixed, painted, carved, engraved or\nprojected, on a building, surface or structure on, over or in view of a\npublic place any sign or advertisement.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) A person must not, without a permit, place or caused to be placed\nin or on a public place any A-frame, flag or other portable sign\nadvertising a business conducted adjacent the public place.\n(4) A person who contravenes clause (3) is guilty of an offence.\nPart 2.5 Camping\n26 No camping\n(1) A person must not in or on a public place between 9 pm on the one\nday and 9 am on the following day, without a permit:\n(a) camp;\n(b) occupy; or\n(c) otherwise reside in any:\n(i) tent;\n(ii) vehicle;\n\nPart 2 Activities requiring permit\nPart 2.6 Council infrastructure\nAlice Springs (Management of Public Places) By-laws 2010 11\n(iii) caravan; or\n(iii) temporary dwelling.\n(2) A person who contravenes clause (1) is guilty of an offence.\nPart 2.6 Council infrastructure\n27 Certain works prohibited without permit\n(1) Subject to any other law in force in the Territory, a person must not,\nwithout a permit:\n(a) in, over, abutting on or under a public place:\n(i) lay pipes, cables or conduits; or\n(ii) erect, place or maintain a post, pillar, bridge, crossing,\nfootway, fixture or structure;\n(b) from or from under a public place, dig or remove, or cause to\nbe dug or removed, turf, sand, clay, soil or other material; or\n(c) on a public place, place or erect any matter or thing, whether\nor not it causes an obstruction.\n(2) A person who contravenes clause (1) is guilty of an offence.\n28 Excavating private premises\n(1) A person must not, without a permit, carry out excavation on private\npremises abutting a public place where that excavation:\n(a) encroaches or may encroach on the public place;\n(b) is:\n(i) more than 300 mm deep; and\n(ii) closer to the boundary of a public place than one metre;\nor\n(c) is such that if the wall of the excavation were to collapse the\nexcavation or the excavated material would encroach on the\npublic place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n\nPart 2 Activities requiring permit\nPart 2.7 Other activities\nAlice Springs (Management of Public Places) By-laws 2010 12\n29 Driveways\n(1) This By-law 29 applies where the owner or occupier of private\npremises abutting on a footpath or road applies for a permit to\nconstruct a driveway from those premises to a road.\n(2) Council may, as a condition of granting the permit, require the\nperson applying for the permit to pay to Council, or enter into a\nbond for payment to Council of, such amount as it thinks fit to\nprovide security against costs which it may incur as a result of the\nexecution of the work.\n30 Prescribed loads and vehicles\n(1) Council may from time to time determine the:\n(a) maximum weight of a loaded vehicle to be carried over; or\n(b) the type of vehicle to be driven along\nany road, bridge or culvert and cause the maximum weight of a\nloaded vehicle or type of vehicle so determined to be notified by\nnotice conspicuously posted at or near each approach to such road,\nbridge or culvert.\n(2) Where Council determines a maximum weight or type of vehicle\nand causes it to be posted under clause (1), a person must not,\nwithout a permit, drive, draw or carry over the road, bridge or\nculvert a weight greater than that weight or drive a type of vehicle\ndifferent to that type of vehicle along the road, bridge or culvert.\n(3) Clause (1) includes permitting the weight to be so driven, drawn or\ncarried or the vehicle to be so driven.\n(4) A person who contravenes clause (1) is guilty of an offence.\nPart 2.7 Other activities\n31 Dangerous waters\n(1) An authorised person may direct a person to remove themself from\nwaters within a public place where the authorised person\nreasonably believes that it would be dangerous for that person to\nremain in those waters.\n(2) A person who fails to comply with a direction given under clause (1)\nis guilty of an offence.\n\nPart 2 Activities requiring permit\nPart 2.7 Other activities\nAlice Springs (Management of Public Places) By-laws 2010 13\n32 Applying graffiti\n(1) A person must not, without a permit, write, paint, draw, etch, or\notherwise apply graffiti.\n(2) A person who contravenes clause (1) is guilty of an offence.\n33 Demonstrations and protests\n(1) A person must not organise or lead a demonstration or protest in a\npublic place without a permit.\n(2) A person who contravenes clause (1) is guilty of an offence.\n34 Projectiles\n(1) A person must not, without a permit, launch or fire a rocket or other\nprojectile from a public space.\n(2) Clause (1) does not apply where the rocket or projectile is a\nfirework and launched or fired on a day determined allowing\nmembers of the public to discharge fireworks within the\nmunicipality.\n(3) A person who contravenes clause (1) is guilty of an offence.\n35 Aircraft and parachutes\n(1) A person must not, without a permit, cause:\n(a) an aircraft to take off from a public place; or\n(b) an aircraft or parachute to land in a public place.\n(2) Clause (1)(b) does not apply where the aircraft or parachute is\nforced to land because of an emergency.\n(3) A person who contravenes clause (1) is guilty of an offence.\n(4) For clause (1), aircraft includes a glider, ultra-light aircraft, powered\nparachute and balloon.\n36 Fire\n(1) Except in a fireplace designated by Council for that purpose, a\nperson must not, without a permit, make or assist in making a fire\non a public place.\n(2) Clause (1) does not apply where the person has been granted a\npermit under By-law 26(1) and makes the fire for the purpose of\ncooking or keeping warm.\n\nPart 3 Prohibited activities and conduct\nPart 3.1 Offences relating to the environment\nAlice Springs (Management of Public Places) By-laws 2010 14\n(3) A person who contravenes clause (1) is guilty of an offence.\n37 Fireworks\n(1) A person must not, without a permit, throw, cast, let off, ignite or fire\na firework of any type in, on or over a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n38 Grazing\n(1) A person must not, without a permit, graze or permit to graze an\nanimal on a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n39 Planting vegetation\n(1) A person must not, without a permit, plant a tree, shrub or plant in a\npublic place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n40 Disturbing vegetation\n(1) A person must not in a public place, without a permit, cut, break,\nremove or disturb a tree, shrub, stem, branch or root of a living tree,\nshrub or plant.\n(2) A person who contravenes clause (1) is guilty of an offence.\nPart 3 Prohibited activities and conduct\nPart 3.1 Offences relating to the environment\n41 Littering\n(1) In this By-law 41:\nlitter includes:\n(a) any solid or liquid domestic or commercial refuse, debris or\nrubbish and, without limiting the generality of the above,\nincludes any glass, metal, cigarette butts, paper, fabric, wood\nand food; and\n\nPart 3 Prohibited activities and conduct\nPart 3.1 Offences relating to the environment\nAlice Springs (Management of Public Places) By-laws 2010 15\n(b) any other material, substance or thing deposited in a place if\nits size, shape, nature or volume makes the place where it is\ndeposited disorderly or detrimentally affects the proper use of\nthat place\ndeposited, in or on a place, whether or not it has any value when or\nafter being deposited in or on the place; and\nrubbish receptacle means a rubbish receptacle that Council or the\ncustodian of the place causes to be provided for the disposal of\nrubbish or a bin or container provided by a person for the purpose\nof a rubbish collection authorized by Council.\n(2) A person must not deposit litter in or on a public place.\n(3) A person who contravenes clause (2) is guilty of an offence.\n(4) For clause (2), depositing litter in or on a public place includes:\n(a) dropping or throwing litter in, on, into or onto the place;\n(b) leaving litter in or on the place;\n(c) putting litter in such a location that it falls, descends, blows, is\nwashed, percolates or otherwise escapes or is likely to fall,\ndescend, blow, be washed, percolate or otherwise escape into\nor onto the place; or\n(d) causing, permitting or allowing litter to fall, descend, blow, be\nwashed, percolate or otherwise escape into or onto the place\nbut does not include depositing litter in a rubbish receptacle on the\nplace.\n(5) For clause (4)(b), leaving litter in or on the place includes:\n(a) being observed by an authorised person moving away from\nlitter in a public place where the authorised person reasonably\nbelieves that the person has deposited the litter and does not\nintend to return to the litter to remove it; and\n(b) where an authorised person reasonably believes that a person\nhas deposited litter in a public place, refusing a direction from\nthe authorised person to remove the litter and deposit it in a\nrubbish receptacle.\n42 Removal of graffiti\n(1) Where graffiti has been written, painted, drawn, etched, or\notherwise applied to the exterior of private premises open to view\n\nPart 3 Prohibited activities and conduct\nPart 3.1 Offences relating to the environment\nAlice Springs (Management of Public Places) By-laws 2010 16\nfrom a public place, Council may serve on the owner or occupier of\nthose premises a notice in writing requiring the owner or occupier to\nremove the graffiti from public view by:\n(a) repainting, restoring, or recovering the surface on which the\ngraffiti has been applied using the same colours and textures\nas existed previously on the surface; or\n(b) moving the premises so that the surface on which the graffiti\nhas been applied is removed from public view\nwithin 14 days of service of the notice.\n(2) A person who fails to comply with a notice served under clause (4)\nis guilty of an offence.\n43 Dumping of goods and materials\n(1) A person must not move, unload or deposit any refuse, waste, food,\npeelings, fruit or other vegetable matter, goods, materials,\nabandoned vehicle parts, construction or demolition material,\ngarden remnants and clippings, soil sand stone gravel or rock or\nany other substance into or onto or in or on a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) Where commercial waste forms the whole or part of that which has\nbeen moved, unloaded or deposited, a person who contravenes\nclause (1) is guilty of a further and separate offence.\n(4) Where that which has been moved, unloaded or deposited remains\nin or on the place for longer than 24 hours, a person who\ncontravenes clause (1) is guilty of a further and separate offence for\neach day or part thereof that it remains in or on the place.\n(5) Where commercial waste forms the whole or part of that which\nremains in or on the place, a person who contravenes clause (4) is\nguilty of a further and separate offence for each day or part thereof\nthat the whole of that moved, unloaded or deposited remains in or\non the place.\n(6) For clauses (3) and (5), commercial waste means any waste,\ngoods or materials used in connection with the person's\nemployment, trade or profession.\n44 Discharge of fluids\n(1) The owner or occupier of premises must not discharge or permit the\ndischarge or escape of any waste water or other fluid on to any\nadjoining land or road so as to cause a nuisance.\n\nPart 3 Prohibited activities and conduct\nPart 3.2 Offences relating to liquor\nAlice Springs (Management of Public Places) By-laws 2010 17\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) The driver of a motor vehicle must not discharge or permit the\ndischarge or escape of radiator coolant, coolant flush wastewater,\ngrease oil and waste water generated from engine degreasing in or\non a public place.\n(4) A person who contravenes clause (3) is guilty of an offence.\n(5) Clause (3) does not apply where the discharge or escape is for the\npurpose of immediately removing a motor vehicle from a public\nplace.\n45 Washing and repairing of vehicles\n(1) A person must not wash or carry out repairs or maintenance work\non a motor vehicle in or on a public place except where the public\nplace has been set aside by Council for those purposes or one or\nthe other and it is notified as such by a sign erected or posted to\nthat effect.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) Clause (1) does not apply where the repairs or maintenance work\nare for the purpose of immediately removing the motor vehicle from\na public place.\nPart 3.2 Offences relating to liquor\n46 Definitions\nIn this Part 3.2:\ncontainer includes any cask, flask, bottle or can.\nlicensed premises means premises licensed under Part Ill of the\nLiquor Act 1978, and\nrestricted area permit means a permit for a public restricted area\ngranted under section 89A of the Liquor Act 1978.\n47 Drinking liquor in a public place\n(1) A person must not drink liquor in a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) Clause (1) does not apply where the person drinks liquor within\nlicensed premises or in accordance with the conditions of a\nrestricted area permit.\n\nPart 3 Prohibited activities and conduct\nPart 3.3 Offensive behaviour\nAlice Springs (Management of Public Places) By-laws 2010 18\n48 Opened liquor container in a public place\n(1) A person must not:\n(a) bring onto a public place; or\n(b) have in the person's possession or control in a public place\nany opened container of liquor.\n(2) A person who contravenes clause (1) is guilty of an offence.\n49 Power of authorised person\n(1) An authorised person having reason to believe that an offence has\nbeen committed against By-laws 47 or 48 may seize any opened\ncontainer in the possession of a person whom the authorised\nperson believes to be contravening those By-laws or one or the\nother.\n(2) Where an authorised person has seized a container under\nclause (1), that person may immediately empty it.\n(3) For this By-law 49, an opened container which:\n(a) is in the immediate vicinity, or in the possession of any other\nperson in the immediate vicinity, of the person the member\nbelieves to have committed an offence against By-laws 47\nor 48; and\n(b) the authorised person has reason to believe is a source of\nliquor from which the person is likely to continue to drink on\nthat or another public place\nshall, whether or not owned by or in the possession or control of the\nperson the authorised person believes to have committed the\noffence, be taken to be in the possession of the person.\nPart 3.3 Offensive behaviour\n50 Causing nuisance\n(1) A person must not cause a nuisance to another person by:\n(a) urinating or defecating;\n(b) spitting;\n(c) swearing; or\n\nPart 3 Prohibited activities and conduct\nPart 3.4 Offences relating to Council infrastructure\nAlice Springs (Management of Public Places) By-laws 2010 19\n(d) asking for alcohol, cigarettes or money\nin a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n51 Indecent behaviour\n(1) A person must not engage in indecent behaviour in a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) For clause (1), indecent behaviour includes sexual intercourse\nand exposing genitalia.\n52 Obscene or offensive material\n(1) An authorised person may direct a person to remove from view of a\npublic place any obscene or offensive book or magazine cover,\nhandbill, poster, placard, sign, advertising or other printed material\nwhich the person owns or over which the person exercises control.\n(2) For clause (1), material is obscene or offensive where the material\nis obscene or offensive in the opinion of the authorised person.\n(3) A person who does not comply with a direction under clause (1) is\nguilty of an offence.\nPart 3.4 Offences relating to Council infrastructure\n53 Bicycles and skateboards\n(1) A person must not ride or use a:\n(a) bicycle in Todd Mall; or\n(b) skateboard in Todd Mall or on any footpath in the Central\nBusiness District.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) For clause (1):\nCentral Business District means that part of the municipality\nbounded by Wills Terrace, Leichhardt Terrace, Stott Terrace and\nthe Stuart Highway; and\nskateboard includes roller skates and roller blades.\n\nPart 3 Prohibited activities and conduct\nPart 3.4 Offences relating to Council infrastructure\nAlice Springs (Management of Public Places) By-laws 2010 20\n54 Obstructing use\n(1) A person must not obstruct or impede the use of a public place or\nany part thereof.\n(2) Clause (1) does not apply where a person participates in a\ndemonstration or protest for which a permit has been granted under\nBy-law 33.\n(3) A person who contravenes clause (1) is guilty of an offence.\n55 Causing damage to road surface\n(1) A person must not:\n(a) propel, drag or trail in contact with the surface of a road a\nvehicle, sledge, timber or other heavy material or a\nconveyance or thing capable of damaging the road;\n(b) use on a road a traction engine, tractor or steam wagon\nhaving wheels or tracks which have unprotected grooved\nridges, indents, spikes or cross bars of a type likely to cause\ndamage to the surface of the road; or\n(c) carry timber, metal, tools, implements, furniture or material\nalong a road in such a manner as to cause damage to the\nroad.\n(2) A person who contravenes clause (1) is guilty of an offence.\n56 Causing damage to property\n(1) A person must not interfere with, damage, deface or destroy any\nbuilding, structure, fixture, equipment, surface, plant or facility\nsituated in or on or facing a public place.\n(2) A person who contravenes clause (1) is guilty of an offence.\n(3) For clause (1), damage includes damage resulting from a person\nriding or driving a motor vehicle or riding or leading an animal in a\npublic place.\n\nPart 4 Impounding\nPart 4.1 Right to impound vehicle\nAlice Springs (Management of Public Places) By-laws 2010 21\nPart 4 Impounding\nPart 4.1 Right to impound vehicle\n57 Vehicle pound\nIn this Part 4, vehicle pound means a yard or other place under\nthe control of Council which Council determines to be a vehicle\npound for the purposes of these By-laws.\n58 Abandoned vehicles and vehicles at risk\n(1) Subject to clause (2), an authorised person who reasonably\nbelieves that a vehicle:\n(a) has been abandoned: or\n(b) is at substantial risk of damage or theft if not immediately\nmoved\nmay impound the vehicle and remove it or cause it to be removed\nto a vehicle pound.\n(2) Clause (1)(a) only applies only to a vehicle which is left without the\nauthority of Council for a period of not less than 24 hours on a road\nor public place or on land owned by, or under the care, control and\nmanagement of, Council.\n59 Persistent parking breach\n(1) Where a person commits a third or subsequent parking offence\nwithin 7 days, an authorised person may impound and remove or\ncause to be removed the person's vehicle from the location where\nthe third or subsequent offence was committed to a vehicle pound.\n(2) Clause (2) applies irrespective of:\n(a) the location where each of the previous offences was\ncommitted; and\n(b) the type of parking offence previously committed.\n(3) For clause (1):\nparking offence means any offence against Division 7 of Part 12 of\nthe Australian Road Rules 1999; and\nperson's vehicle includes a vehicle under the care and control of\nthe person.\n\nPart 4 Impounding\nPart 4.2 Release and disposal of vehicle\nAlice Springs (Management of Public Places) By-laws 2010 22\n60 Notice of impounding\n(1) Where the name of the owner of the vehicle is known or can be\nascertained, an authorised person must as soon as practicable but\nin any event within the prescribed period personally serve on the\nowner written notice of the impounding stating the location of the\nvehicle pound to which the vehicle has been removed.\n(2) Where:\n(a) the name of the owner is not known or cannot be ascertained;\nor\n(b) the owner, if known, cannot be found within the prescribed\nperiod\nthe authorised person must:\n(c) furnish to the Registrar a certificate of the reason the notice\nwas not served; and\n(d) not less than 7 days after the impounding, cause notice of the\nimpounding to be published in a newspaper circulating in the\nmunicipality.\n(3) A certificate under clause (2)(c) is prima facie evidence of the facts\ncontained therein.\n(4) For clause (1), prescribed period means:\n(a) where By-law 58 applies, 7 days from the impounding of the\nvehicle; and\n(b) where By-law 59 applies, 2 business days from the\nimpounding of the vehicle.\nPart 4.2 Release and disposal of vehicle\n61 Release fee\n(1) Council may determine a fee for the release of any vehicle\nimpounded under Part 4.1.\n(2) The release fee referred to in clause (1) must not exceed an\namount that reasonably represents the cost to Council of\nimpounding, moving, keeping and releasing the vehicle including\nany relevant overheads and indirect costs.\n\nPart 4 Impounding\nPart 4.3 Abandoned items\nAlice Springs (Management of Public Places) By-laws 2010 23\n62 Release to owner\nCouncil must release a vehicle impounded under Part 4.1 to its\nowner on payment of:\n(a) any release fee determined under By-law 61(1); and\n(b) any outstanding penalties for which the owner of the vehicle is\nliable under any By-laws applying to the municipality.\n63 Sale or disposal of vehicle\n(1) Where the owner of a vehicle does not, within 14 days after the\nlater of:\n(a) the service on that person of a notice under By-law 60(1); or\n(b) the date of publication of the notices referred to in\nBy-law 60(2)(c)\ntake possession of the vehicle by satisfying By-law 62 advertise for\nsale and sell the vehicle.\n(2) Where, in the opinion of Council, it is not practical or convenient to\nsell a vehicle impounded by it, it may dispose of the vehicle in any\nmanner it deems fit.\n64 No claim by owner\nWhere a vehicle is sold or disposed of under By-law 63:\n(a) all previous rights of ownership in and to the vehicle are\ndeemed to have been extinguished; and\n(b) no claim or action may lie against Council or an employee or\ncontractor of Council in respect of or arising out of the sale of\nthe vehicle.\nPart 4.3 Abandoned items\n65 Impounding and disposal\n(1) An authorised person may impound and dispose of items found in a\npublic place which that person reasonably believes to have been\nabandoned.\n(2) In exercising the powers conferred by clause (1), the authorised\nperson must, where Council has issued guidelines in relation\nthereto, act in accordance with those guidelines.\n\nPart 5 Enforcement\nPart 5.1 Requisitions\nAlice Springs (Management of Public Places) By-laws 2010 24\nPart 5 Enforcement\nPart 5.1 Requisitions\n66 Works to be carried out\n(1) Where:\n(a) in order to prevent or rectify a breach of these By-laws; or\n(b) Council deems it fit that a driveway be:\n(i) completed;\n(ii) repaired; or\n(iii) closed\nCouncil may serve a notice in writing on the owner or occupier of\nprivate premises abutting on a public place or to which a driveway\nleads requiring that person to carry out such works and do such\nthings:\n(c) in or of such materials;\n(d) within such periods; and\n(e) in such manner\nas may be specified in the notice.\n(2) A person who fails to comply with a notice under clause (1) is guilty\nof an offence.\n(3) Any work to be carried out in pursuance of a notice under clause (1)\nmust be executed at the expense of the owner or occupier and, if\nCouncil so requires, only by persons qualified or licensed to carry\nout the work.\n(4) For clause (1), Council may require the person to pay to Council, or\nenter into a bond for payment to Council of, such amount as the\ncouncil deems fit to provide security against costs which it may\nincur as a result of the execution of the work.\n67 Council may carry out works\n(1) In:\n(a) the event that a person does not comply with a notice given\nunder By-law 66(1); or\n\nPart 5 Enforcement\nPart 5.2 Acting contrary to permit\nAlice Springs (Management of Public Places) By-laws 2010 25\n(b) where By-law 66(1)(a) applies, an emergency\nCouncil may carry out works to the premises as it deems fit to\nprevent or rectify a breach of these By-laws or complete, repair or\nclose a driveway.\n(2) Where Council carries out works under clause (1), Council may\nclaim from the owner or occupier of the premises the cost of\nexecuting the works as a debt due and owing.\n(3) The power conferred by clause (1):\n(a) includes the power to enter onto the premises to execute the\nworks; and\n(b) is exercisable by Council and its employees, contractors and\nagents.\n68 Overhanging vegetation\n(1) Where it deems that a tree, plant or shrub growing on private\npremises is causing inconvenience or obstruction to persons using\na public place or is causing or likely to cause damage to a public\nplace, Council may serve a notice in writing on the owner or\noccupier of those premises requiring that person to trim or remove\nthe tree, plant or shrub.\n(2) A person who fails to comply with a notice under clause (1) is guilty\nof an offence.\n(3) In:\n(a) the event that a person does not comply with a notice given\nunder clause (1); or\n(b) an emergency\nCouncil may trim or remove the tree, plant or shrub.\n(4) Where clause (3) applies, clauses (2) and (3) of By-law 73 apply\nwith necessary modifications.\nPart 5.2 Acting contrary to permit\n69 Conditions of permit\n(1) A person who:\n(a) fails to comply with; or\n\nPart 5 Enforcement\nPart 5.2 Acting contrary to permit\nAlice Springs (Management of Public Places) By-laws 2010 26\n(b) contravenes\na condition of a permit granted to that person is guilty of an offence.\n(2) For clause (1), person includes a body.\n(3) To avoid doubt:\n(a) a separate offence is committed under clause (1) for each\ncondition not complied with or contravened; and\n(b) where an offence would have been committed under these\nBy-laws had a permit not been granted to the person, that\noffence is committed upon an offence being committed under\nclause (1).\n70 Unreasonable obstruction\nNothing in these By-laws shall be construed so as to allow a person\ncarrying out works in pursuance of a permit to cause unreasonable\nobstruction of a road, channel or drain, or any part of a public place,\nby the deposit of materials or construction of a building or structure.\n71 Safety lights\n(1) A person who causes:\n(a) a material or a structure to be deposited or laid on a road; or\n(b) work to be carried out entailing the opening or breaking up of\nthe surface of a road,\nwhether or not permitted by Council, must, at that person's\nexpense, cause:\n(c) lights of a type and colour and in such number as the council\nconsiders sufficient for the purpose to be placed and retained\nnear the material, structure or work;\n(d) the lights referred to in paragraph (c) to be illuminated from\nsunset to sunrise; and\n(e) the materials, structure or work to be fenced and enclosed to\nprevent damage or inconvenience to other persons until the\nmaterial or structure is removed or the work is completed.\n(2) A person who contravenes clause (1) is guilty of an offence.\n\nPart 5 Enforcement\nPart 5.3 General powers of authorised person\nAlice Springs (Management of Public Places) By-laws 2010 27\n72 Maintenance of signs\n(1) Where a person is granted a permit under By-law 25, that person\nmust maintain to Council's satisfaction each sign, advertisement,\nA-frame or flag.\n(2) A person who contravenes clause (1) is guilty of an offence.\nPart 5.3 General powers of authorised person\n73 Hindering or obstructing\nA person who hinders or obstructs:\n(a) an authorised person; or\n(b) an employee or contractor of Council\nin the exercise of powers under these By-laws is guilty of an\noffence.\n74 Authorised person requiring information\n(1) Where an authorised person:\n(a) reasonably suspects a person of having committed an offence\nagainst these By-laws; and\n(b) informs that person that it is the intention of the authorised\nperson to caution or prosecute the person in respect of that\noffence\nthe authorised person may require the person to state the person's\nname, address and date of birth.\n(2) A person who, without reasonable excuse, fails to provide the\ninformation required under clause (1) is guilty of an offence.\n(3) A person who provides false information when required to provide\ninformation under clause (1) is guilty of an offence.\n75 Proof of identity\n(1) Where an authorised person:\n(a) reasonably suspects a person of having committed an offence\nagainst these By-laws; and\n\nPart 5 Enforcement\nPart 5.3 General powers of authorised person\nAlice Springs (Management of Public Places) By-laws 2010 28\n(b) informs the person that it is the intention of the authorised\nperson to caution or prosecute the person in respect of that\noffence\nthe authorised person may require the person to provide further\nevidence of identity of a specified kind.\n(2) A person who, without reasonable excuse, fails to provide the\nfurther proof of identity required under clause (1) is guilty of an\noffence.\n(3) Where a person has reasonable excuse for failing to provide the\nfurther proof of identity required under clause (1) must, within\n2 business days, provide the further proof of identity at the office of\nCouncil.\n(4) A person to whom clause (3) applies who fails to provide the further\nproof of identity within the specified period is guilty of an offence.\n76 False statement in document\nA person who makes a false statement in a document:\n(a) required or permitted under these By-laws; or\n(b) required to claim a financial or other benefit from Council\nis guilty of an offence.\n77 Moving on persons\n(1) This By-law 77 applies if there are reasonable grounds for an\nauthorised person to believe that a person in a public place\n(a) is asleep; or\n(b) has engaged, or is likely to engage, in conduct involving a\nbreach of these By-laws.\n(2) The authorised person may direct the person to leave the vicinity of\nthe public place.\n(3) The direction may be made subject to the condition that the person\ndoes not return to the vicinity for a stated period not exceeding\n6 hours.\n(4) A person who, without reasonable excuse, contravenes a direction\nunder clause (1) (including a condition that the person does not\nreturn to the vicinity for a stated period) is guilty of an offence.\n\nPart 5 Enforcement\nPart 5.4 Contravention and penalties\nAlice Springs (Management of Public Places) By-laws 2010 29\n78 Removal of persons\n(1) An authorised person may remove or cause to be removed from a\npark, garden or reserve a person who commits a breach of these\nBy-laws and may, by notice in writing served on the person, refuse\nthe person entry to a park, garden or reserve for a period, not\nexceeding 6 months, specified in the notice.\n(2) A person who contravenes a notice under clause (1) is guilty of an\noffence.\nPart 5.4 Contravention and penalties\n79 Regulatory offence\nAny offence against these By-laws is a regulatory offence.\n80 Service of notices\n(1) A notice Council is required or permitted to serve under these\nBy-laws may be served:\n(a) personally on the person to whom it is addressed;\n(b) by leaving it for the person at the person's place of residence,\nemployment or business; or\n(c) by posting it, addressed to the person, at the person's last\nknown place of residence, employment or business.\n(2) Where Council serves a notice on a person in the person's capacity\nas owner or occupier of premises, it binds successors in title or\nsuccessive occupiers (as the case may be).\n81 Penalties\nA person who is guilty of an offence against these By-laws is liable\nto a penalty not exceeding 100 penalty units for an individual or\n500 penalty units for a body corporate and, in addition, to a penalty\nnot exceeding 5 penalty units for an individual or 25 penalty units\nfor a body corporate for each day during which the offence\ncontinues.\n82 Infringement notices\n(1) Despite by-law 81, as an alternative to prosecution, a person who is\nalleged to have contravened or failed to comply with a by-law\nspecified in column 1 of the Schedule may be served with an\ninfringement notice under which the person may pay to the Council\na sum (in this By-law 82, a fixed penalty) in lieu of the penalty by\n\nPart 5 Enforcement\nPart 5.4 Contravention and penalties\nAlice Springs (Management of Public Places) By-laws 2010 30\nwhich the infringement of that By-law is otherwise punishable.\n(2) For the purposes of this By-law 82:\n(a) the sum specified in column 3 of the Schedule is the fixed\npenalty payable under an infringement notice for an\ninfringement of the By-law specified opposite in column 1, and\ngenerally described opposite in column 2, of the Schedule;\n(b) an infringement notice is to be in a determined form and\ninclude:\n(i) the name of the alleged offender;\n(ii) in general terms, the nature of the offence alleged to\nhave been committed;\n(iii) the date, time and place of the alleged offence;\n(iv) the amount of the fixed penalty; and\n(c) the period within which, and the place where, the fixed penalty\nmay be paid.\n(d) an infringement notice may be issued and served by an\nauthorised person; and\n(e) the fixed penalty specified in an infringement notice is to be\npaid to Council within 14 days of the date on which the\ninfringement notice is served on the alleged offender.\n(3) An infringement notice is to also contain the statements to the\neffect:\n(a) that the alleged offender may expiate the offence and avoid\nenforcement action under the Fines and Penalties (Recovery)\nAct 2001) (in this By-law 82, the Act) if that person pays the\nfixed penalty to Council within 14 days of service of the\ninfringement notice;\n(b) that if the alleged offender pays the fixed penalty within the\nperiod specified in the infringement notice, Council will take no\nfurther action in relation to the offence;\n(c) that the alleged offender may, if he or she so wishes, be dealt\nwith a court of competent jurisdiction by electing under\nsection 21 of the Act to have the matter dealt with by a court\ninstead of under that Act by completing a statement of election\nand serving it on Council:\n\nPart 5 Enforcement\nPart 5.4 Contravention and penalties\nAlice Springs (Management of Public Places) By-laws 2010 31\n(i) at any time before a courtesy letter under the Act is\nserved on the alleged offender; or\n(ii) if a courtesy letter is served on the alleged offender,\nbefore the due date specified in that letter;\n(d) that if the alleged offender does not pay the fixed penalty\nwithin the period specified in the infringement notice and does\nnot within that period serve on Council a statement of election\nunder the Act:\n(i) the Act will apply and the alleged offender may be\nserved with a courtesy letter in accordance with that Act\nrequiring payment of the fixed penalty together with the\ncosts in respect of the issue of that letter; and\n(ii) if the alleged offender does not make the payment as\nrequired by a courtesy letter, enforcement action may be\ntaken against him or her under the Act which, after due\nprocess, may result in the suspension of the alleged\noffender's licence to drive, the seizure of property, the\ndeduction of wages or salary, the registration of a\nstatutory charge on land, a community work order or\nimprisonment if a community work order is breached;\n(4) An infringement notice is to also contain a statement of election\nunder the Act that includes the information required by\nregulation 7(1) of the Fines and Penalties (Recovery)\nRegulations 2001.\n(5) A fixed penalty may be expressed by way of penalty units including\nfractions of a penalty unit.\n\nSchedule\nAlice Springs (Management of Public Places) By-laws 2010 32\nSchedule\nby-law 82(1)\nand (2)(a)\nFIXED PENALTIES\nColumn 1\nBy-law\nColumn 2\nGeneral Description of Offence\nColumn 3\nPenalty units\n11(4) Riding or driving vehicle without permit 1\n12(2) Exceeding speed limit 4\n13(3) Selling goods without permit 2\n14(2) Stacking goods without permit 1\n15(3) Providing foods or drinks without permit 2\n18(2) Organising market without permit 5\n19(3) Conducting business from stall without\npermit\n2\n20(3) Trading prohibited goods 3\n21(2) Engaging in prohibited conduct 2\n22(3) Distributing commercial material without\npermit\n2\n23(3) Placing or affixing promotional material\nwithout permit\n2\n24(3) Placing or affixing promotional material\nabove certain size on private premises\nwithout permit\n2\n25(2) Advertising on buildings without permit 2\n25(4) Placing portable sign on public place\nwithout permit\n2\n\nSchedule\nAlice Springs (Management of Public Places) By-laws 2010 33\n26(2) Camping with out permit 2\n27(2) Carrying out prohibited works without\npermit\n5\n28(2) Excavating private premises without\npermit\n3\n30(4) Exceeding prescribed maximum weight\nor driving vehicle other than prescribed\nwithout permit\n5\n31(2) Refusing a direction to leave dangerous\nwaters\n1\n32(2) Applying graffiti without permit 10\n33(2) Organising or leading a demonstration or\nprotest without permit\n1\n34(3) Firing projectile without permit 10\n35(3) Taking off or landing aircraft or\nparachutes\n5\n36(3) Making fire without permit 2\n37(2) Letting off fireworks without permit 10\n38(2) Grazing without permit 1\n39(2) Planting vegetation without permit 1\n40(2) Disturbing vegetation without permit 5\n41(3) Depositing litter 3\n42(2) Failing to comply with notice to remove\ngraffiti\n1\n43(2) Dumping goods and material 5\n43(3) Dumping goods and materials containing\ncommercial waster\n500\n\nSchedule\nAlice Springs (Management of Public Places) By-laws 2010 34\n43(4) Failing to remove dumped goods and\nmaterials\n5 per day\n43(5) Failing to remove dumped goods and\nmaterials containing commercial wast\n100 per day\n44(2) Discharging fluids 2\n44(4) Discharging vehicle fluids 2\n45(2) Washing and repairing vehicles 1\n47(2) Drinking liquor 3\n48(2) Possessing opened liquor container 3\n50(2) Causing nuisance 2\n51(2) Behaving indecently 3\n52(1) Failing to comply with direction to\nremove obscene or offensive material\nfrom public view\n3\n53(2) Riding or using bicycle or skateboard 1\n54(2) Obstructing or impeding public use 2\n56(2) Causing damage to road surface 3\n56(2) Causing damage to property 5\n66(2) Failing to comply with notice to carry out\nwork\n3\n68(2) Failing to comply with notice to trim or\nremove tree, shrub or plant\n1\n69(1) Failing to comply with or contravene\ncondition of permit\n2\n71(2) Failing to provide safety lights 5\n72(2) Failing to maintain sign 1\n\nSchedule\nAlice Springs (Management of Public Places) By-laws 2010 35\n73(1) Hindering or obstructing authorised\nperson\n4\n74(2) Failing to provide required information 4\n74(3) Providing false information 5\n75(2) Failing to provide evidence of identity\nwithout reasonable excuse\n4\n75(4) Failing to provided evidence of identity\nwithin prescribed time\n4\n76 Providing false statement in document 5\n77(4) Failing to comply with direction to leave\npublic place\n5\n78(2) Contravening notice not to enter park,\ngarden or reserve\n5\n\nENDNOTES\nAlice Springs (Management of Public Places) By-laws 2010 36\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAlice Springs (Management of Public Places) By-laws 2010 (SL No. 18, 2010)\nNotified 5 August 2010\nCommenced 5 August 2010\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1, 3, 5, 46, 59 and 82.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These by-laws consolidate and replace the earlier Alice Springs local public‑place rules (clause 3(3)) and apply to all public places within the municipality (By-law 4). They maintain typical local government control over permits, prohibitions and enforcement (Objectives, By-laws 7–8, 57–67) rather than expanding the territorial scope beyond municipal public places."},"complexity_factors":["Wide scope of regulated activities across transport, trade, entertainment, advertising, camping, vegetation and fires (see Parts 2–3)","Comprehensive permit regime with administrative discretion for granting, conditioning and revoking permits (By-law 8; By-law 7 determinations)","Numerous specific offences with varied penalties and an infringement schedule (By-laws 41–56; Schedule; By-laws 81–82)","Enforcement powers including seizure, impounding, removal, forced works and cost recovery (By-laws 49, 57–65, 66–67, 63)","Administrative processes and record-keeping (Registrar, register of permits/determinations) adding procedural layers (By-laws 6, 9)","Subjective standards and delegated judgement (terms like 'offensive', 'reasonable', 'authorised person' confer discretionary scope) (By-laws 5 definition; By-law 52(2); By-laws 73–75)","Cross-references to other laws and external standards (Liquor Act, Australian Road Rules, Australian Standards) requiring cross-compliance (By-law 5 definitions; multiple provisions)","Variable financial impacts on individuals and businesses: permit fees, release fees capped at reasonable cost recovery, bonds or security for works (By-laws 8(2), 61(1)–(2), 29(2), 66(4))","Detailed procedural timing and notice rules for impounding, sale and compliance (By-laws 58–64, 60)","Potential overlap with prior local by-laws and need to interpret repeals and continuity of existing permits (cl 3(3), By-law 8(7))"],"plain_english_summary":"These by-laws set rules for use and management of all public places in Alice Springs. They require permits for many activities, ban particular behaviours, let Council set permit types and fees, and authorise enforcement measures including notices, remedial works, impounding and fines (By-laws 4, 7–8, 57–64, 66–67, 81–82).\n\nThey apply to anyone using public spaces (traders, performers, vehicle owners, property owners) and create compliance costs (permit fees, release fees, costs for required works) while giving authorised persons and Council significant discretion in enforcement (By-laws 5–6, 73–75)."},"issue_detection":{"absurdities":[{"type":"other","section":"By-law 42(2)","severity":"high","reasoning":"The notice requiring removal of graffiti is created by clause (1). By-law 42 contains no clause (4).","confidence":1,"description":"The offence depends on failure to comply with a notice under nonexistent clause (4).","source_quotes":["Council may serve on the owner or occupier of those premises a notice in writing requiring the owner or occupier to remove the graffiti from public view","A person who fails to comply with a notice served under clause (4) is guilty of an offence."]},{"type":"other","section":"By-law 60(2)(b) and 60(4)","severity":"high","reasoning":"Clause (2)(b) uses “prescribed period”. Clause (4) begins “For clause (1), prescribed period means” and supplies separate periods for By-laws 58 and 59, leaving clause (2)(b) without a supplied period.","confidence":0.99,"description":"The publication branch depends on whether an owner can be found within the “prescribed period”, but the supplied definition of that period is expressly limited to clause (1).","source_quotes":["the owner, if known, cannot be found within the prescribed period","For clause (1), prescribed period means:"]},{"type":"other","section":"By-law 63(1)(b)","severity":"high","reasoning":"By-law 60(2)(c) requires a certificate to be furnished to the Registrar. Publication is required by By-law 60(2)(d), so the cited publication trigger is not produced by clause (2)(c).","confidence":1,"description":"The disposal period depends on publication of notices supposedly referred to in By-law 60(2)(c), but that provision contains no publication requirement.","source_quotes":["the date of publication of the notices referred to in By-law 60(2)(c)","furnish to the Registrar a certificate of the reason the notice was not served;","cause notice of the impounding to be published in a newspaper circulating in the municipality."]},{"type":"other","section":"By-law 63(1)","severity":"high","reasoning":"After the condition concerning the owner’s failure to take possession, the text proceeds directly to “advertise for sale and sell the vehicle”. It does not identify Council or another person as the actor, or use an operative expression such as “may”.","confidence":0.99,"description":"The sale provision contains no actor or operative words authorising or requiring the vehicle to be advertised and sold.","source_quotes":["take possession of the vehicle by satisfying By-law 62 advertise for sale and sell the vehicle."]},{"type":"other","section":"By-law 77(4)","severity":"high","reasoning":"Clause (1) only states when By-law 77 applies. The direction power is in clause (2), with a possible return condition under clause (3).","confidence":1,"description":"The offence refers to contravention of a direction under clause (1), although clause (1) creates no direction.","source_quotes":["This By-law 77 applies if there are reasonable grounds for an authorised person to believe that a person in a public place","The authorised person may direct the person to leave the vicinity of the public place.","A person who, without reasonable excuse, contravenes a direction under clause (1) (including a condition that the person does not return to the vicinity for a stated period) is guilty of an offence."]},{"type":"other","section":"Schedule entry for By-law 15(3)","severity":"high","reasoning":"The relevant restriction is clause 15(1) and its offence is clause 15(2). Clause 15(3) merely states that drink includes liquor and cannot support the listed infringement.","confidence":1,"description":"The Schedule assigns a fixed penalty for providing food or drink without a permit to clause 15(3), which only defines “drink”.","source_quotes":["For clause (1), drink includes liquor.","15(3) Providing foods or drinks without permit 2"]},{"type":"other","section":"Schedule entry for By-law 52(1)","severity":"high","reasoning":"Failure to comply is made an offence by clause 52(3), not clause 52(1).","confidence":1,"description":"The Schedule treats clause 52(1) as the offence of failing to comply with a direction, although that clause only creates the direction power.","source_quotes":["An authorised person may direct a person to remove from view of a public place any obscene or offensive book or magazine cover, handbill, poster, placard, sign, advertising or other printed material which the person owns or over which the person exercises control.","A person who does not comply with a direction under clause (1) is guilty of an offence.","52(1) Failing to comply with direction to remove obscene or offensive material from public view 3"]}],"contradictions":[{"severity":"high","section_a":"Schedule row: By-law 56(2), “Causing damage to road surface”, 3 penalty units","section_b":"Schedule row: By-law 56(2), “Causing damage to property”, 5 penalty units","confidence":1,"description":"The Schedule assigns two different fixed penalties to the same cited provision, By-law 56(2). The road-surface offence is actually in By-law 55(2), while By-law 56(2) concerns damage to property.","source_quotes":["the sum specified in column 3 of the Schedule is the fixed penalty payable under an infringement notice for an infringement of the By-law specified opposite in column 1","56(2) Causing damage to road surface 3","56(2) Causing damage to property 5"]}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original by-laws have been amended at least once (SL No. 57 of 2012), indicating the scope or content has been modified since original enactment. Additionally, the split administrative responsibility between the Department of Housing, Local Government and Community Development and the NT Electoral Commission suggests the by-laws cover a broader range of subjects (including electoral conduct in public spaces) beyond what a typical 'public places management' instrument might originally be expected to address."},"complexity_factors":["Multiple administering agencies (Department of Housing/Local Government for most chapters; NT Electoral Commission for Chapter 8), creating split responsibility","Limited metadata available — key details like the making date, gazette number, and regulation number are absent, making it harder to trace the full legislative history","The by-laws were drafted outside the standard Parliamentary Counsel process, which may mean inconsistent drafting style or structure compared to standard NT legislation","Amendments (SL No. 57 of 2012) mean the current version differs from the original, and readers must track changes","The inclusion of electoral provisions (Chapter 8) alongside general public place management adds a distinct and separate regulatory dimension","Alice Springs public place laws exist in a complex context involving federal, territory, and local government interests, particularly around public order and alcohol-related matters"],"plain_english_summary":"The Alice Springs (Management of Public Places) By‑Laws 2009 are the local rulebook governing use of parks, streets and other public areas in Alice Springs. Made by the Town Council (with Chapter 8 by the Northern Territory Electoral Commission), they affect residents, visitors, event organisers and businesses by setting what’s allowed, permit requirements and penalties for breaches. Updated in 2012 and in force since August 2010; queries go to the Council (Parliamentary Counsel not involved)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in By-law 2: providing for peace, order, safe use of public places, and protection of amenity. While comprehensive, it consolidates and replaces two earlier by-laws (1987 and 1992) rather than expanding beyond the original scope of public place management. The coverage of diverse activities (vehicles, trade, camping, liquor, infrastructure) reflects the inherent breadth of local government public place regulation rather than scope creep."},"complexity_factors":["Moderate length (82 by-laws plus Schedule) with clear Part/Subdivision structure","18 defined terms in By-law 5, plus additional Part-specific definitions (e.g., 4 terms in Part 2.1, 3 terms in Part 3.2)","Multiple cross-references between Parts (e.g., By-law 36(2) references By-law 26(1); By-law 54(2) references By-law 33)","Conditional logic with exceptions: Most prohibitions contain 'without a permit' clauses with specific exemptions (e.g., By-law 11(2)-(3) exempts emergency vehicles and delivery vehicles)","Nested offence structure in By-law 43 (dumping) with escalating penalties for commercial waste and duration of offence","Dual penalty regime: Standard court penalties (By-law 81) vs infringement notice system (By-law 82) with detailed procedural requirements","Interaction with external legislation (Local Government Act 2008/2019, Liquor Act 1978/2019, Australian Road Rules 1999, Fines and Penalties (Recovery) Act 2001)"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws are the rulebook for how people can use public spaces in Alice Springs. They cover everything from selling food on the street to camping in parks, and from riding skateboards to drinking alcohol in public.\n\n**Who it affects:**\n\n*   **Residents and visitors:** Anyone using public places like parks, footpaths, roads, and the Todd Mall pedestrian area.\n*   **Business owners:** Cafes wanting outdoor seating, market stall holders, people putting up signs or advertising.\n*   **Property owners:** Those with driveways connecting to public roads or vegetation overhanging public areas.\n*   **Event organisers:** People planning protests, markets, or public entertainment.\n\n**Key rules explained:**\n\n*   **Permits required:** You generally need Council permission (a **permit**) to: drive vehicles in certain areas (like Todd Mall), sell goods, run markets, put up signs, camp overnight, hold protests, use fireworks, or even plant trees in public places.\n*   **Prohibited conduct:** The by-laws ban specific behaviours including:\n    *   **Littering** (leaving rubbish anywhere except in bins).\n    *   **Drinking alcohol** in public places (unless at licensed premises).\n    *   **Graffiti** (marking property without permission).\n    *   **Nuisance behaviour** (public urination, spitting, aggressive begging).\n    *   **Skateboarding** in the Central Business District footpaths and Todd Mall.\n*   **Enforcement:** **Authorised persons** (Council officers or police) can issue fines (**infringement notices**), seize alcohol, impound abandoned vehicles, and direct people to leave public places.\n*   **Penalties:** Breaking these rules can result in fines. Serious offences like graffiti or fireworks attract higher penalties (up to 10 penalty units), while minor offences like littering attract lower ones. Dumping commercial waste can incur massive daily penalties (500 penalty units per day).\n\n**Why it matters:**\n\nThese by-laws aim to keep Alice Springs clean, safe, and orderly. They balance public access with community standards—allowing activities like busking or markets through permits, while prohibiting anti-social behaviour. They give Council officers significant powers to move people on, confiscate property, and enforce compliance, making them a key tool for local governance and public order in the municipality."}},"importantCases":[],"_links":{"self":"/api/acts/alice-springs-management-of-public-places-by-laws-2009","history":"/api/acts/alice-springs-management-of-public-places-by-laws-2009/history","analysis":"/api/acts/alice-springs-management-of-public-places-by-laws-2009/analysis","conflicts":"/api/acts/alice-springs-management-of-public-places-by-laws-2009/conflicts","importantCases":"/api/acts/alice-springs-management-of-public-places-by-laws-2009/important-cases","documents":"/api/acts/alice-springs-management-of-public-places-by-laws-2009/documents"}}