{"id":"palmerston-public-places-bylaws-2001","name":"PALMERSTON (PUBLIC PLACES) BY-LAWS 2001","slug":"palmerston-public-places-by-laws-2001","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177077,"registerId":"nt-palmerston-public-places-bylaws-2001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PALMERSTON (PUBLIC PLACES) BY-LAWS 2001","content":"NORTHERN TERRITORY OF AUSTRALIA\nPALMERSTON (PUBLIC PLACES) BY-LAWS 2001\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary\nDivision 1 General\n1 Citation ............................................................................................ 1\n2 Crown to be bound .......................................................................... 1\n3 Definitions ........................................................................................ 1\n4 Application of By-laws ..................................................................... 4\n5 Determinations ................................................................................ 4\n6 Registrar .......................................................................................... 4\n7 Registers ......................................................................................... 4\n8 Matters of evidence ......................................................................... 5\n9 Liability of owner of motor vehicle.................................................... 5\n10 Evidence of ownership of motor vehicle .......................................... 7\n11 Requirement by council for owner or occupier of land to\nexecute work or take other action .................................................... 8\n12 Where requirements not complied with ........................................... 9\nDivision 2 Plan of numbering in municipality\n13 Plan of numbering ........................................................................... 9\nDivision 3 Permits and other authorities\n14 Definition........................................................................................ 10\n15 Application for permit ..................................................................... 10\n16 Grant of permit............................................................................... 10\n17 Conditions of permit ....................................................................... 11\n18 Activity for which permit required prohibited without permit;\ncompliance with conditions of permit ............................................. 11\nDivision 4 Regulatory\n19 Compliance with notice .................................................................. 11\n20 Obstruction of officers etc. ............................................................. 12\n21 False statement in documents ....................................................... 12\n22 Power of arrest or removal ............................................................ 12\n23 Infringement notice and payment of sum in lieu of penalty ............ 12\n23A Withdrawal of infringement notice.................................................. 14\n\nPalmerston (Public Places) By-laws 2001 ii\nPart 2 Garbage services\n24 Definitions ...................................................................................... 15\n25 Collection of garbage by council .................................................... 15\n26 Alternate regular garbage collection service .................................. 15\n27 Provision and maintenance of garbage receptacles ...................... 15\n28 Interference with garbage receptacles........................................... 17\n29 Council may establish dumps ........................................................ 17\n30 Offences at dumps ........................................................................ 18\nPart 3 Litter etc. on land\n31 Depositing etc. litter ....................................................................... 19\n32 Land to be cleared ......................................................................... 19\n33 Breaking and leaving matter that is likely to cause injury on a\npublic place.................................................................................... 20\n34 Deposit of offensive matter etc. on a public place ......................... 20\nPart 4 Works on public places\n35 Definitions ...................................................................................... 21\n36 General requirement for permit to carry out works on public\nplace .............................................................................................. 21\n37 Information to accompany application for permit ........................... 22\n38 Construction or removal of access-way, kerb or storm-water\ndrain .............................................................................................. 22\n39 Inspection of works on public place ............................................... 22\nPart 5 Control of nuisance or damage on or to\npublic places\n40 Persons causing nuisance on public places .................................. 23\n41 Council may require land to be enclosed ....................................... 24\n42 Control of barbed wire fences ........................................................ 24\n43 Work etc. on roads etc. .................................................................. 24\n44 Use of access-ways ....................................................................... 25\n45 Heavy loads prohibited on access-way, kerb etc. .......................... 26\nPart 6 Control of vehicles and traffic\n46 Driving etc. in public place on roads and road-related areas\nonly ................................................................................................ 26\n47 Bicycle restriction areas ................................................................. 27\n48 Council may provide off-street parking .......................................... 27\nPart 7 Trees etc.\n49 Damage to trees, plants etc. .......................................................... 27\n50 Permit to plant etc. trees etc. ......................................................... 28\n\nPalmerston (Public Places) By-laws 2001 iii\n51 Overhanging trees and shrubs ...................................................... 28\nPart 8 Malls and other public places\n52 Bicycles, skates etc. may be prohibited in malls and other\npublic places .................................................................................. 29\n53 Control of certain activities in malls and other public places .......... 29\n54 Control of vehicular traffic etc. in malls .......................................... 30\nPart 9 Public swimming pools etc.\n55 Application of Part and definition ................................................... 31\n56 Dress and conduct at swimming pools and bathing places ........... 32\n57 Removal of unsupervised children from swimming pools and\nbathing places ............................................................................... 33\nPart 10 General controls\n58 Handbills ........................................................................................ 33\n59 Lighting fires .................................................................................. 34\n60 Throwing stones etc. ..................................................................... 35\n61 Writing, defacing etc. ..................................................................... 35\n62 Goods in public place .................................................................... 35\n63 Washing or repairing vehicles etc. in public place ......................... 36\n64 Musical instruments etc. ................................................................ 36\n65 Camping or sleeping in public place .............................................. 36\n66 Person must not obstruct etc. another person using public\namenity .......................................................................................... 37\n67 Shopping trolleys ........................................................................... 37\n68 Removal of persons from reserve or mall ...................................... 38\n69 General offences ........................................................................... 39\nPart 11 Public libraries\nDivision 1 Preliminary\n70 Definitions ...................................................................................... 40\nDivision 2 Library hours\n71 Library hours determined by council .............................................. 40\n72 Notification of library hours ............................................................ 41\nDivision 3 Registration of borrowers\n73 Registration of permanent residents and persons working etc.\nin the municipality as borrowers .................................................... 41\n74 Registration of other persons as borrowers ................................... 41\n75 Guarantors of registered borrowers who are less than 18 ............. 42\n\nPalmerston (Public Places) By-laws 2001 iv\n76 Effect of registration ....................................................................... 42\nDivision 4 Borrowers' cards\n77 Issue of borrowers' cards............................................................... 42\n78 Renewal of borrowers' cards ......................................................... 42\n79 Loss or destruction of borrowers' cards ......................................... 43\n80 Cancellation, suspension and amendment of borrowers' cards..... 43\nDivision 5 Borrowing\n81 Books etc. to be lent only to registered borrowers who present\nborrower's cards ............................................................................ 44\n82 Number of books or materials that may be borrowed .................... 44\n83 Period of loan of books or materials .............................................. 44\n84 Books or materials may be reserved ............................................. 45\n85 Books or materials may be requested ........................................... 45\n86 Reference books or materials not to be borrowed ......................... 45\n87 Retention of books or materials beyond period of loan.................. 45\n88 Damage to books or materials to be reported................................ 46\n89 Lost or damaged books or materials ............................................. 46\n90 Offence to fail to comply with demand ........................................... 46\nDivision 6 Controls\n91 Powers of librarian etc. .................................................................. 47\n92 Bags etc. to be deposited .............................................................. 47\n93 Supervision of children .................................................................. 48\n94 Animals in libraries ........................................................................ 48\n95 Vehicles in libraries ........................................................................ 48\n96 Conduct of persons in libraries ...................................................... 48\n97 Change of address of registered borrower .................................... 49\nPart 12 Repeal and savings\n98 Repeal ........................................................................................... 49\n99 Savings .......................................................................................... 49\nSchedule 2 Fixed penalties\nSchedule 3 Repealed By-laws\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nPALMERSTON (PUBLIC PLACES) BY-LAWS 2001\nBy-laws under the Local Government Act 2008\nPart 1 Preliminary\nDivision 1 General\n1 Citation\nThese By-laws may be cited as the Palmerston (Public Places)\nBy-laws 2001.\n2 Crown to be bound\nThese By-laws bind the Crown in right of the Territory.\n3 Definitions\nIn these By-laws, unless the contrary intention appears:\naccess-way means a driveway constructed between a road or\nroad-related area and adjacent land.\nadjacent land has the same meaning as in the Australian Road\nRules.\nappropriate fee means the fee determined from time to time by the\ncouncil to be the fee for a permit or other authority or other matter\nor for a class of permits, authorities or matters.\napproved means approved by the council by resolution.\nAustralian Road Rules means the Australian Road Rules\ncontained in Schedule 3 to the Traffic Regulations 1999.\nbicycle or tricycle means a 2 or 3 wheeled vehicle designed to be\npropelled by human power and includes a powered bicycle or\ntricycle.\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 2\nboat means a boat or floating vessel or craft of any kind other than\na motor boat.\nbridge includes a ford, causeway, culvert or crossing affording\npassage across water.\nchild means a person who is 10 years or less of age.\ncouncil means the Palmerston City Council.\ndetermined means determined by the council by resolution.\nfootpath means a footpath, bicycle path or shared path within the\nmeaning of the Australian Road Rules.\nhandbill includes a poster, placard, notice, ticket, pamphlet and\nadvertisement.\nland includes water.\nlitter includes garbage, rubbish, refuse, waste matter, cigarette\nbutts, matches, dead animals and discarded vehicle bodies,\nmachinery and implements.\nmeeting means a meeting of the council.\nmotor boat means a boat or floating vessel or craft of any kind that\nhas a motor to power its principal propulsion system, and includes a\nhovercraft.\nmotor vehicle means any vehicle designed to be self propelled\nand includes a trailer when attached to a motor vehicle, but does\nnot include a powered bicycle or tricycle or a motorised wheelchair\nwhich is not capable of travelling at a speed greater than 10 km/h.\nmunicipality means the municipality of Palmerston.\nnaturestrip means the area between a road or road-related area\nand adjacent land that is not a footpath.\nowner means:\n(a) in relation to an animal, a boat, motor boat or vehicle (other\nthan a motor vehicle) – unless there is proof to the contrary,\nthe person for the time being in control of the animal, boat,\nmotor boat or vehicle; or\n(b) in relation to a motor vehicle – the person in whose name the\nvehicle is registered under the Motor Vehicles Act 1949 or\nunder another law of the Territory or under a law of a State or\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 3\nother Territory of the Commonwealth that provides for the\nregistration of vehicles.\npermit means a permit issued under these By-laws, and includes a\nrenewed permit.\npremises includes land, whether built on or not, and buildings.\npublic place includes:\n(a) every place to which free access is permitted to the public,\nwith the express or tacit consent of the owner or occupier of\nthe place;\n(b) every place to which the public are admitted on payment of\nmoney, the test of the admittance being the payment of the\nmoney only;\n(c) every road, road-related area, footpath, court, alley, lane,\nthoroughfare or cul-de-sac which the public are allowed to\nuse, notwithstanding that the road, road-related area, footpath,\ncourt, alley, lane, thoroughfare or cul-de-sac may be formed\non private property; and\n(d) land reserved under a law of the Territory for the use of the\npublic or a member of the public.\nregister means a register established in pursuance of by-law 7.\nregistrar means the person appointed by the council to be a\nregistrar under by-law 6.\nreserve means land that is:\n(a) a public place owned by, leased to, vested in or under the\ncare, control or management of the council; and\n(b) capable of being used as a park, garden, nature reserve,\nrecreation ground, oval or playing field or for swimming,\nbathing, boating or other recreation associated with water.\nroad has the same meaning as in rule 12 of the Australian Road\nRules.\nroad-related area has the same meaning as in rule 13 of the\nAustralian Road Rules.\nvehicle means a conveyance or other device designed to be\npropelled or drawn by any means and includes a bicycle or tricycle,\nmotor vehicle and an animal being driven or ridden but does not\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 4\ninclude a motorised wheelchair that is not capable of travelling at a\nspeed greater than 10 km/h or a train.\n4 Application of By-laws\nThese By-laws apply to and are in force within the whole of the\nmunicipality.\n5 Determinations\n(1) The council may, by resolution, regulate or determine:\n(a) charges and fees for:\n(i) a permit or other authority, or a class of permits or other\nauthorities, granted under these By-laws; or\n(ii) a service, product, commodity or item, or a class of\nservices, products, commodities or items, performed or\nsupplied for the purposes of these By-laws; and\n(b) the purpose for which and the conditions on which the council\nmay grant permits or other authorities under these By-laws or\nperform or supply a service, product, commodity or item for\nthe purposes of these By-laws.\n(2) If the council makes a determination under this by-law, the council\nmust publish notice of the determination in a newspaper generally\ncirculating in the municipality as soon as practicable after the\ndetermination is made.\n(3) If the council grants a permit or other authority or performs or\nsupplies a service, product, commodity or item in respect of which it\nhas determined a charge or fee under clause (1), the council may\ndemand and recover the amount of the charge or fee.\n6 Registrar\nThe council may appoint a person to be the registrar for the\npurposes of these By-laws or for a part of these By-laws.\n7 Registers\n(1) The registrar must keep the number of registers as determined by\nthe council.\n(2) The registrar may keep a register in the medium or combination of\nmediums that the registrar considers appropriate including, but not\nlimited to, a computer, microfilm or paper.\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 5\n8 Matters of evidence\n(1) An extract from or copy of an entry in a register purported to be\nsigned by the registrar is, in all courts and on all occasions,\nevidence of the signature of the registrar and of the particulars\ncontained in the entry without requiring the production of the\nregister.\n(2) A statement signed by the registrar concerning particulars of entries\nin a register including:\n(a) whether the name of a person was entered in a register in\nrelation to an animal, matter or thing; and\n(b) whether a permit or other authority had been issued,\nis to be received in a court, a tribunal or by a person acting judicially\nas evidence of the signature of the registrar and of those particulars\nwithout requiring the production of the register.\n(3) In relation to the making of a resolution by the council for the\npurposes of these By-laws, the minutes of a meeting of the council\nor a document purporting to be a true copy of or an extract from,\nthe minutes of a meeting of the council signed by the clerk is to be\nreceived in a court, a tribunal or by a person acting judicially as\nevidence of the particulars contained in the minutes, or that extract\nor copy, without further proof.\n9 Liability of owner of motor vehicle\n(1) Subject to this by-law, if an offence against these By-laws relating\nto a motor vehicle is allegedly committed and the name of the\noffender is not ascertained, the owner of the motor vehicle at the\ntime the offence occurs is, whether or not the owner in fact\ncommitted the offence:\n(a) to be taken to have committed the offence; and\n(b) if an infringement notice is issued in relation to the\ncommission of the offence – to be issued the infringement\nnotice.\n(2) The owner of a motor vehicle is not to be taken to have committed\nan offence if:\n(a) the motor vehicle was, at the time of the offence, stolen or\nunlawfully used without the owner's consent;\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 6\n(b) the motor vehicle is registered under the Motor Vehicles\nAct 1949 and at the time of the offence:\n(i) the owner had sold or disposed of the motor vehicle but\nthe registration of the motor vehicle had not been\ntransferred to the new owner; and\n(ii) the owner had provided the Registrar with a notice of\ndisposal in respect of the motor vehicle as required by\nsection 20 of that Act; or\n(c) within 14 days after the owner is, in relation to the alleged\noffence, served or issued with:\n(i) an infringement notice;\n(ii) a summons; or\n(iii) any other document dealing with the recovery or\nenforcement of a penalty for an offence that may be\nserved or issued under an Act,\nthe owner delivers to the council a statutory declaration made\nby the owner:\n(iv) stating that some other person was in control of the\nmotor vehicle at the time the offence was allegedly\ncommitted and setting out the name and address of that\nother person and any other information known to the\nowner that may assist in identifying or locating that other\nperson;\n(v) stating that the motor vehicle was sold before the\noffence was allegedly committed and setting out the date\nof the sale, the name and address of the person to\nwhom it was sold and, if the sale was made through an\nagent, the name and address of the agent; or\n(vi) stating that at the time when the offence was allegedly\ncommitted the motor vehicle had been stolen or was\nbeing used unlawfully without the owner's consent.\n(3) If the owner of the motor vehicle is a body corporate, a director,\nsecretary or manager of the body corporate may make a statutory\ndeclaration for the purposes of clause (2).\n(4) If the owner of the motor vehicle is the Territory, the\nCommonwealth, a State or another Territory of the Commonwealth\nor a statutory corporation, a person authorised, or apparently\nauthorised, for the purpose may make a statutory declaration for\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 7\nthe purposes of clause (2).\n(5) A person named in a statutory declaration as being in control of a\nmotor vehicle at the time of an alleged offence cannot be found\nguilty of the offence unless a copy of the statutory declaration is\naffixed to the summons for the offence at the time the summons is\nserved on the person.\n(6) If a person is specified as the new owner of a motor vehicle in a\nnotice of disposal referred to in clause (2)(b)(ii):\n(a) the person is to be taken to be the owner of the motor vehicle\nat the time of the offence for the purposes of this by-law (other\nthan clause (2)(b)); and\n(b) this by-law applies as if a reference to the owner of the motor\nvehicle (other than in clause (2)(b)) were a reference to the\nperson.\n(7) A statutory declaration referred to in clause (2)(c):\n(a) is admissible in evidence in a prosecution against the person\nin relation to the offence; and\n(b) is evidence that the person was the driver of the motor vehicle\nat the time of the offence.\n(8) Subject to clause (9), nothing in this by-law affects the liability of an\nactual offender who is not the owner of the motor vehicle.\n(9) If a penalty has been imposed on a person in relation to an offence\nreferred to in this by-law:\n(a) another person cannot be charged with the same offence; and\n(b) a further penalty cannot be imposed on or recovered from\nanother person in relation to the same offence.\n10 Evidence of ownership of motor vehicle\nIn a prosecution for an offence, a certificate issued by a person\nauthorised under an Act (including an Act of the Commonwealth or\na State or another Territory of the Commonwealth) to issue the\ncertificate stating:\n(a) that a specified person was the registered owner of a specified\nmotor vehicle on a specified date;\n\nPart 1 Preliminary\nDivision 1 General\nPalmerston (Public Places) By-laws 2001 8\n(b) that a specified person was recorded as the new owner of a\nspecified motor vehicle on and from a specified date in a\nrecord of a notice of disposal in respect of the motor vehicle;\nor\n(c) if the specified motor vehicle is not registered at the time of\nissuing the certificate – that a specified person was the last\nregistered owner of the motor vehicle to and including a\nspecified date,\nis evidence of the matters set out in the certificate and a court is to\nassume that the certificate was duly issued.\n11 Requirement by council for owner or occupier of land to\nexecute work or take other action\n(1) If, for the purposes of these By-laws, the council requires the owner\nor occupier of land to carry out work or to take an action, the council\nmay, by written notice served on the owner or occupier, require the\nowner or occupier at his or her own expense to execute the work or\ntake the action (or cause the work to be executed or the action to\nbe taken) and do anything incidental to the work or action:\n(a) in or with the materials;\n(b) within the period;\n(c) in the manner; and\n(d) in the area,\nspecified in the notice.\n(2) The council may require the work to be executed or action to be\ntaken by qualified or licensed persons only.\n(3) The council may, when serving a notice under clause (1), indicate\nthat the council will, if requested, carry out the work or take the\naction referred to in the notice at the expense of the person on\nwhom the notice is served.\n(4) If the person on whom the notice is served requests the council to\ncarry out the work or take the action, the council may require the\nperson to pay to the council, or enter into a bond for payment to the\ncouncil of, the amount the council considers appropriate to provide\nsecurity against the costs it may incur as a result of executing the\nwork or taking the action.\n\nPart 1 Preliminary\nDivision 2 Plan of numbering in municipality\nPalmerston (Public Places) By-laws 2001 9\n12 Where requirements not complied with\n(1) The council may carry out work or take an action required to be\nexecuted or taken under by-law 11 on default by the person\nrequired to execute the work or take the action.\n(2) If the council carries out work or takes an action under clause (1),\nthe cost to the council of carrying out the work or taking the action\nis a debt due and payable by the person required to execute the\nwork or take the action.\nDivision 2 Plan of numbering in municipality\n13 Plan of numbering\n(1) The council may adopt a plan or system of numbering areas of\nadjacent land and may, in accordance with the plan or system:\n(a) affix a number on a building or a gate or fence on land\nincluded in the plan or system that adjoins a road or road-\nrelated area; or\n(b) by notice in writing, require the owner or occupier of land\nincluded in the plan or system that adjoins a road or road-\nrelated area to affix, within the time specified in and otherwise\nin accordance with the terms of the notice, a number on a\nbuilding or a gate or fence on the land.\n(2) The council may, from time to time, alter the plan or system of\nnumbering referred to in clause (1) and may, in accordance with the\nplan or system as altered:\n(a) replace a number affixed under clause (1) with a new number;\nor\n(b) by notice in writing, require the owner or occupier of land\nincluded in the plan or system as altered that adjoins a road or\nroad-related area to:\n(i) replace a number affixed under clause (1) with a new\nnumber; or\n(ii) if a number was not affixed under clause (1) – affix,\nwithin the time specified in and otherwise in accordance\nwith the terms of the notice, a number on a building, or a\ngate or fence on the land.\n\nPart 1 Preliminary\nDivision 3 Permits and other authorities\nPalmerston (Public Places) By-laws 2001 10\n(3) A person who has affixed a number to a building, gate or fence on\nland under clause (1) and who is required to replace the number\nunder clause (2) may obtain the number free of charge from the\ncouncil.\n(4) An owner or occupier of land on whom a notice is served under\nclause (1)(b) or (2)(b) must comply with the notice.\nPenalty: $3 000.\n(5) If an owner or occupier of land fails within the time specified in a\nnotice under clause (1)(b) or (2)(b) to affix or replace a number, the\ncouncil may enter the land referred to in the notice and affix or\nreplace the required number, and the expense of so doing may be\nrecovered from the person on whom the notice was served as a\ndebt due and payable to the council.\nDivision 3 Permits and other authorities\n14 Definition\nIn this Division:\npermit includes any other authority required under these By-laws\nother than registration as a borrower at a library under Part 11.\n15 Application for permit\n(1) A person may apply to the clerk for a permit required under these\nBy-laws.\n(2) An application is to be:\n(a) in accordance with the approved form;\n(b) accompanied by the appropriate fee; and\n(c) accompanied by any documents, specifications or particulars\nthat the council may require.\n16 Grant of permit\n(1) The council may grant, or refuse to grant, a permit.\n(2) A permit remains in force for:\n(a) the period of 12 months after the date of the grant of the\npermit;\n\nPart 1 Preliminary\nDivision 4 Regulatory\nPalmerston (Public Places) By-laws 2001 11\n(b) the period (which may be more or less than 12 months)\nendorsed on the permit; or\n(c) an indefinite period terminating on the occurrence of a future\nevent specified on the permit or in these By-laws.\n(3) A permit is not transferable.\n17 Conditions of permit\n(1) A permit:\n(a) is subject to the conditions imposed on the permit by these\nBy-laws or by the council by determination; and\n(b) may be subject to other conditions that:\n(i) the council determines are conditions that the clerk may\nimpose on a permit if the clerk considers they are\nappropriate; and\n(ii) the clerk considers are appropriate and endorses on the\npermit.\n(2) The Council may determine conditions (whether under clause (1)(a)\nor (b)) that may lead to immediate revocation of the permit if they\nare breached or not complied with.\n(3) It is a condition of a permit that the person to whom the permit is\ngranted indemnifies the council from being enjoined in a legal\nproceeding arising as a consequence of the carrying out of an\naction authorised by the permit.\n18 Activity for which permit required prohibited without permit;\ncompliance with conditions of permit\n(1) A person must not, without a permit, carry out an activity for which a\npermit is required.\n(2) A person who is granted a permit must comply with and not\ncontravene the permit.\nDivision 4 Regulatory\n19 Compliance with notice\nA person on whom the council serves a notice under these By-laws\nmust comply with and not contravene a requirement specified in the\nnotice.\n\nPart 1 Preliminary\nDivision 4 Regulatory\nPalmerston (Public Places) By-laws 2001 12\n20 Obstruction of officers etc.\nA person commits an offence if the person obstructs or hinders any\nof the following persons in the proper execution of his or her work\nor duty under these By-laws:\n(a) an authorised person;\n(b) an officer or employee of the council;\n(c) a contractor or sub-contractor to the council;\n(d) an employee of a contractor or sub-contractor to the council.\nPenalty: $3 000 and, in addition, $100 for each day during\nwhich the offence continues after the first day on\nwhich the offence was committed.\n21 False statement in documents\nA person who, in making a statement required or permitted to be\nmade in a document under these By-laws, knowingly makes a false\nstatement commits an offence.\nPenalty: $3 000.\n22 Power of arrest or removal\nA person appointed by the council for the purpose, or, without\nderogating from their general power, a member of the Police Force,\nmay arrest or remove a person offending or allegedly offending\nagainst these By-laws.\n23 Infringement notice and payment of sum in lieu of penalty\n(1) As an alternative to prosecution, a person who is alleged to have\ncontravened or failed to comply with these By-laws may be served\nwith an infringement notice under which the person may pay to the\ncouncil a sum (fixed penalty) in lieu of the penalty by which the\ninfringement of the By-laws is otherwise punishable.\n(2) For the purposes of this by-law:\n(a) the fixed penalty payable under an infringement notice:\n(i) in respect of a by-law specified in column 1 of\nSchedule 2 – is the sum specified opposite in column 2\nof that Schedule; and\n(ii) in respect of any other by-law – is $100;\n\nPart 1 Preliminary\nDivision 4 Regulatory\nPalmerston (Public Places) By-laws 2001 13\n(b) an infringement notice is to be in a form, approved by the\ncouncil in accordance with clause (4), that includes:\n(i) the information required by section 245(2) of the Act;\nand\n(ii) the statements required by clause (3);\n(c) an infringement notice may be issued and served by an\nauthorised person;\n(d) the fixed penalty specified in an infringement notice is to be\npaid to the council; and\n(e) the fixed penalty specified in an infringement notice is to be\npaid not later than 14 days after the date on which the\ninfringement notice is served on the alleged offender.\n(3) An infringement notice is to contain the following statements:\n(a) a statement to the effect that:\n(i) the alleged offender may expiate the offence and avoid\nenforcement action under the Fines and Penalties\n(Recovery) Act 2001 if he or she pays the fixed penalty\nto the council within 14 days of service of the\ninfringement notice; and\n(ii) if the alleged offender pays the fixed penalty within the\nperiod specified in the infringement notice, the council\nwill take no further action in relation to the offence;\n(b) a statement to the effect that if the alleged offender does not\npay the fixed penalty within the period specified in the\ninfringement notice and does not serve on the council a\nstatement of election to have the matter dealt with by a court\n(as contained in the infringement notice), unless the\ninfringement notice is withdrawn:\n(i) the Fines and Penalties (Recovery) Act 2001 will apply\nand the alleged offender may be served with a courtesy\nletter in accordance with that Act requiring payment of\nthe fixed penalty together with the costs in respect of the\nissue 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 Fines and Penalties\n(Recovery) Act 2001 which, after due process, may\nresult in the suspension of the alleged offender's licence\n\nPart 1 Preliminary\nDivision 4 Regulatory\nPalmerston (Public Places) By-laws 2001 14\nto drive, the seizure of property, the deduction of wages\nor salary, the registration of a statutory charge on land, a\ncommunity work order or imprisonment if a community\nwork order is breached;\n(c) a statement to the effect that the alleged offender may elect\nunder section 21 of the Fines and Penalties (Recovery)\nAct 2001 to have the matter dealt with by a court instead of\nunder the Fines and Penalties (Recovery) Act by completing a\nstatement of election (as contained in the infringement notice)\nand serving it on the council;\n(d) a statement of election, for completion by the alleged offender\nif he or she elects to have the matter dealt with by a court, that\nincludes the information required by regulation 7(1) of the\nFines and Penalties (Recovery) Regulations 2001;\n(e) if the alleged offence is in relation to a motor vehicle – a\nstatement that includes information about the liability of the\nowner of the motor vehicle to which the infringement relates,\nas specified in by-law 9.\n(4) For the purposes of clause (2)(b), the form of an infringement notice\nis to be approved by the council at a meeting at which not less than\ntwo-thirds of the members then in office are present, by resolution\ncarried by a majority of the members then in office.\n23A Withdrawal of infringement notice\n(1) An infringement notice served on an alleged offender may be\nwithdrawn at any time before a courtesy letter is served on that\nperson under the Fines and Penalties (Recovery) Act 2001, but\nonly if the council has not received payment of the fixed penalty\nspecified in the infringement notice.\n(2) The withdrawal of an infringement notice is effected when an\nauthorised officer serves on the alleged offender a notice of\nwithdrawal stating:\n(a) that the infringement notice is withdrawn; and\n(b) that the fixed penalty specified in the infringement notice is no\nlonger payable to the council.\n\nPart 2 Garbage services\nPalmerston (Public Places) By-laws 2001 15\nPart 2 Garbage services\n24 Definitions\nIn this Division:\ndump means a dump on land owned by, leased to or vested in the\ncouncil or a dump managed by the council.\nexempt person means:\n(a) an officer, employee or agent of the council acting within the\nscope of his or her duties; or\n(b) a contractor in the due performance of a contract for garbage\ncollection between the contractor and the council, or an\nofficer, employee or agent of the contractor.\ngarbage includes garbage that is for re-cycling.\nregular garbage collection service includes providing an\napproved receptacle, a regular collection of garbage and the\ndisposal of garbage.\n25 Collection of garbage by council\n(1) The council's regular garbage collection service is to be as\ndescribed, and conducted as specified, in a notice published from\ntime to time in a newspaper generally circulating in the municipality.\n(2) The occupier of premises to which the notice applies must comply\nwith the notice.\n26 Alternate regular garbage collection service\nIf the council does not provide or cause to be provided a regular\ngarbage collection service for particular premises, the occupier of\nthe premises must provide or cause to be provided an approved\nalternative regular garbage collection service for the premises.\n27 Provision and maintenance of garbage receptacles\n(1) An approved garbage receptacle is to be:\n(a) provided to the occupier of premises for use in connection with\nthe garbage collection service for the premises;\n(b) fitted with handles and a close fitting lid or close fitting lids;\nand\n(c) made of material impervious to moisture and to vermin.\n\nPart 2 Garbage services\nPalmerston (Public Places) By-laws 2001 16\n(2) An occupier of premises must, in relation to an approved garbage\nreceptacle used in connection with the premises:\n(a) maintain the receptacle in good condition;\n(b) not permit the receptacle to attract or to harbour or breed flies,\ninsects or vermin, to become unsightly or to cause an\noffensive odour;\n(c) not permit the receptacle to become or to cause a danger to\npublic health or to interfere with or to affect the comfort of\npersons occupying or passing through or along neighbouring\npremises;\n(d) ensure that the receptacle's lid is kept closed (unless opening\nthe receptacle for the purpose of putting garbage in or\nremoving garbage from the receptacle or for cleaning);\n(e) ensure that household garbage produced on the premises is\nput into the receptacle until it is collected or otherwise lawfully\ndisposed of;\n(f) cause wet garbage to be effectively wrapped before being\nplaced in the receptacle;\n(g) cause the receptacle and other approved receptacles on the\npremises containing garbage to be placed for collection on the\nday, at the time and in the manner notified and at a collection\npoint specified by the council to enable the person collecting\nthe garbage to have access to the contents of the receptacles;\n(h) cause the receptacle to be returned inside the premises or to\nits allocated area as soon as practicable, but not later than\n24 hours, after the contents have been collected by the\ngarbage collector;\n(i) cause the receptacle to be cleansed thoroughly as required\nbut not less than once in every 4 weeks;\n(j) not remove the receptacle from the premises except to place it\nready for emptying by the garbage collector;\n(k) not use the receptacle otherwise than to contain household\ngarbage generated through normal domestic activity;\n(l) despite paragraph (k), not place in the receptacle excess\nquantities of heavy material (such as earth, concrete or brick),\nwaste liquids, chemicals, paint or hazardous substances; and\n\nPart 2 Garbage services\nPalmerston (Public Places) By-laws 2001 17\n(m) keep the receptacle on the premises or an allocated area\nrelated to the premises.\n28 Interference with garbage receptacles\n(1) A person other than:\n(a) the occupier of the premises for which an approved garbage\nreceptacle is provided; or\n(b) an exempt person,\nmust not, without reasonable cause, touch, use, remove, mark or\notherwise interfere with an approved garbage receptacle.\nPenalty: $3 000.\n(2) A person who damages or causes an approved garbage receptacle\nor a garbage receptacle owned by or under the control of the\ncouncil to be damaged commits an offence.\nPenalty: $3 000.\n(3) An offence against clause (2) is a regulatory offence.\n(4) A person who is found guilty of an offence against clause (2) is\nliable to the council for the costs of the repair to or replacement of\nthe receptacle.\n29 Council may establish dumps\n(1) The council may establish dumps for the deposit of garbage on land\nowned by, leased to, vested in or under the care, control or\nmanagement of the council.\n(2) The council may make arrangements and enter into contracts with\nthe owner or occupier of private land to establish a dump for the\ndeposit of garbage on that land.\n(3) If a dump is established under clause (1) or (2), the council must\ncause a notice to be published in a newspaper generally circulating\nin the municipality and the notice is, in addition to the fact of the\nestablishment of the dump, to specify:\n(a) its location;\n(b) the hours during which and the days on which the dump is\nopen for the deposit of garbage;\n(c) the classes of garbage that may be deposited on the dump;\n\nPart 2 Garbage services\nPalmerston (Public Places) By-laws 2001 18\n(d) the conditions on which the various classes of garbage may\nbe deposited on the dump; and\n(e) any other conditions the council considers appropriate.\n(4) The council may:\n(a) require a person to apply for and obtain a permit to use a\ndump; and\n(b) determine a fee for dumping garbage on a dump.\n30 Offences at dumps\n(1) A person who:\n(a) deposits garbage at a dump other than during the hours and\non the days specified by the council;\n(b) deposits garbage at a dump unless it is of a class or classes\nof garbage specified by the council under by-law 29(3);\n(c) unless doing so as an exempt person – enters or remains on a\ndump for a purpose other than depositing garbage;\n(d) loiters on or at a dump;\n(e) causes, allows or permits a child who is under his or her care,\ncustody or control to enter or remain on a dump unless the\nperson is supervising the child;\n(f) removes garbage from a dump without the council's written\nconsent; or\n(g) fails to comply with any directions given at the dump relating\nto the place or manner garbage is to be deposited,\ncommits an offence.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n\nPart 3 Litter etc. on land\nPalmerston (Public Places) By-laws 2001 19\nPart 3 Litter etc. on land\n31 Depositing etc. litter\n(1) A person must not deposit or keep litter on land or allow litter to\nremain on land.\nPenalty: $3 000.\n(2) Clause (1) does not apply:\n(a) if the litter is the kind of litter that is likely to attract vermin to\nthe land, or to form a harbourage for vermin, and is deposited\ninto or kept in a receptacle that is vermin-proof; or\n(b) in any other case – if the litter is or has been deposited into\nand is kept in a receptacle that is appropriate for keeping that\nkind of litter.\n32 Land to be cleared\n(1) If, in the opinion of the council, there is on land or:\n(a) plants, grass or weeds:\n(i) that are, or are likely to become, injurious, flammable or\nnoxious; or\n(ii) that have become unkempt; or\n(b) litter,\nthe council may serve a notice under by-law 11 on:\n(c) the occupier of the land; or\n(d) if the council is unable to ascertain the identity of the\noccupier – the owner of the land,\nrequiring the land to be cleared or tidied, litter to be placed in a\nvermin-proof receptacle of a kind specified or any other action set\nout in the notice to be taken.\n(2) The period within which the work must be carried out under\nclause (1) is to be specified in the notice, being a period of not less\nthan 2 days and not more than 21 days after the date of service of\nthe notice.\n\nPart 3 Litter etc. on land\nPalmerston (Public Places) By-laws 2001 20\n(3) An owner or occupier of land who is served with a notice referred to\nin clause (1) must comply with the notice.\nPenalty: $3 000.\n33 Breaking and leaving matter that is likely to cause injury on a\npublic place\n(1) A person who, in a public place, breaks or causes to break and\nleaves (other than in a litter receptacle) any glass or other material\nthe pieces of which are likely to cause injury commits an offence.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n34 Deposit of offensive matter etc. on a public place\n(1) A person must not place or cause to be placed household or\ncommercial or industrial waste, refuse or garbage in a litter\nreceptacle provided by the council in a public place.\n(2) A person must not:\n(a) deposit, or permit the deposit of, waste food, peelings, fruit or\nother vegetable matter; or\n(b) deposit, or permit the deposit of, garbage or other refuse,\non a public place or other land under the care, control or\nmanagement of the council, except if it is placed in a litter\nreceptacle provided by the council on the public place or other land.\n(3) A person must not throw, deposit or discharge an offensive or\nunwholesome matter or fluid or any matter that is likely to cause\ninjury on a public place.\n(4) A person must not, without a permit, use, deposit or discharge, or\ncause to be used, deposited or discharged, water or other matter,\nwhether liquid or solid, in a place where it is likely to flow or\ndischarge or encroach on or into a public place or a side entry pit to\na drain in a public place.\n(5) A person who contravenes or fails to comply with this by-law\ncommits an offence.\nPenalty: $3 000.\n(6) An offence against this by-law is a regulatory offence.\n\nPart 4 Works on public places\nPalmerston (Public Places) By-laws 2001 21\nPart 4 Works on public places\n35 Definitions\nIn this Part, unless the contrary intention appears:\npublic place means a public place that is under the care, control or\nmanagement of the council.\nworks includes:\n(a) digging or excavating on, through or under a public place or\non land abutting a public place where the digging or\nexcavating encroaches, will encroach or is likely to encroach\n(including if the digging or excavation or a wall of the digging\nor excavation were to collapse) on the public place or the\nexcavated material encroaches, will encroach or is likely to\nencroach on the public place;\n(b) removing turf, sand, clay, soil or other material from or from\nbeneath a public place;\n(c) erecting, building, planting, placing or maintaining any matter,\nthing, plant, pipe, cable, conduit or structure, whether of a\ntemporary or a permanent nature and whether it causes an\nobstruction, on or over a public place or permitting any matter,\nthing, plant, pipe, cable, conduit or structure to encroach on or\nover a public place; and\n(d) installing, connecting, replacing or repairing underground\nservices.\n36 General requirement for permit to carry out works on public\nplace\n(1) A person must not carry out works on a public place, or engage\nanother person to carry out works on a public place for and on\nbehalf of the person, unless the person has been granted a permit\nto do so.\nPenalty: $3 000.\n(2) A person must carry out works on a public place in accordance with\na permit that authorises the public works.\nPenalty: $3 000.\n\nPart 4 Works on public places\nPalmerston (Public Places) By-laws 2001 22\n(3) Subject to any determination of the council to the contrary,\nclause (1) and (2) do not apply to the owner or occupier of adjacent\nland who:\n(a) lays, places or erects an irrigation system in or on the nature\nstrip adjoining the land, unless the irrigation system or any\npart of the irrigation system is laid or placed more than\n1500 mm deep in the ground; or\n(b) plants and maintains grass on the nature strip.\n37 Information to accompany application for permit\nIn addition to the general requirements specified in by-law 15, an\napplication for a permit to carry out works on a public place is to:\n(a) specify the works;\n(b) specify the purpose of the works;\n(c) be accompanied by plans and specifications detailing the\nconstruction of the works; and\n(d) if the construction of the works will obstruct or interfere with\nthe use of a footpath, road or road related area by a vehicle or\npedestrian – a plan for the management of vehicular and\npedestrian traffic.\n38 Construction or removal of access-way, kerb or storm-water\ndrain\n(1) A person must not, without a permit, construct or remove an\naccess-way or remove a kerb or storm-water drain.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n39 Inspection of works on public place\n(1) If a permit has been granted authorising works on a public place, an\nauthorised person or an officer or employee of the council may, in\naccordance with the conditions of the permit, inspect works being\ncarried out on the public place to ascertain whether the works\ncomply with the permit.\n(2) If an authorised person or an officer or employee of the council\nbelieves on reasonable grounds that works that are not authorised\nby a permit are being or have been carried out on a public place\n(whether because a permit was not granted authorising the works\n\nPart 5 Control of nuisance or damage on or to public places\nPalmerston (Public Places) By-laws 2001 23\nor a permit has been granted in respect of the works but the works\ndo not comply with the permit), the authorised person, officer or\nemployee may at any time inspect the works.\n(3) If an authorised person or an officer or employee who makes an\ninspection under clause (1) or (2) is, after completing the\ninspection, satisfied that the works are not authorised by a permit,\ndo not comply with a permit issued in respect of them or are for any\nother reason unsatisfactory, the council may, under by-law 11,\nserve on the person carrying out the works or, if a permit has been\nissued in respect of the works to another person, on that person a\nnotice requiring the person:\n(a) if the works are authorised by a permit but do not comply with\nthe permit – to carry out or cause to be carried out work the\ncouncil considers appropriate to ensure that the works comply\nwith the permit;\n(b) if the works are not authorised by a permit – to satisfactorily\ncomplete the works in accordance with the notice; or\n(c) to remove the works (whether works that are authorised by a\npermit but do not comply with the permit or works that are not\nauthorised by a permit) and reinstate the area of the public\nplace concerned.\n(4) A person who is served with a notice referred to in clause (3) must\ncomply with the notice.\nPenalty: $3 000.\nPart 5 Control of nuisance or damage on or to public\nplaces\n40 Persons causing nuisance on public places\nA person must not:\n(a) create a noise that persistently occurs or continues to a\ndegree or extent that it is disturbing to a person on a public\nplace;\n(b) burn or heat any material or thing or substance that gives off\nan odour or smoke in a quantity that is offensive to a person\non a public place;\n(c) keep on land occupied by the person an animal or thing that\nmakes a noise or gives off an odour to a degree or extent or in\na quantity that is offensive to a person on a public place;\n\nPart 5 Control of nuisance or damage on or to public places\nPalmerston (Public Places) By-laws 2001 24\n(d) create or discharge dust, vapour, fumes, smoke, odour or\nother waste products in a quantity that is offensive to a person\non a public place; or\n(e) cause or permit water, soil, sand or other material to escape\nfrom land and encroach on to a public place in a quantity that\ncauses a nuisance on the public place.\nPenalty: $3 000.\n41 Council may require land to be enclosed\n(1) If land adjoining a road, road-related area or other public place is\nnot enclosed in a manner that prevents sand, soil or other material\nfrom being carried on to the road, road-related area or public place,\nthe council may, by notice served under by-law 11, require the\nowner or occupier of the land to cause the land to be enclosed.\n(2) A person who is served a notice referred to in clause (1) must\ncomply with the notice.\nPenalty: $3 000.\n42 Control of barbed wire fences\nThe owner or occupier of land must not, without a permit, erect or\nmaintain on the boundary of the land or within 0.66 m of a road,\nroad-related area or land owned by, leased to, vested in or under\nthe care, control or management of the council a fence having a\ncomponent of barbed wire, or material of a similar type, at a height\nlower than 2.33 m from the ground on which the fence is erected.\nPenalty: $3 000.\n43 Work etc. on roads etc.\n(1) A person who causes:\n(a) any material or structure to be deposited or laid on a road or\nroad-related area; or\n(b) work to be carried out entailing the opening or breaking up of\nthe surface of a road or road-related area,\nwhether or not authorised by the council, must, at the person's\nexpense, cause:\n(c) lights of a type and colour and in a number that the council\nconsiders sufficient to be placed and retained near the\nmaterial, structure or work;\n\nPart 5 Control of nuisance or damage on or to public places\nPalmerston (Public Places) By-laws 2001 25\n(d) the lights referred to in paragraph (c) to be illuminated from\nsunset to sunrise;\n(e) the materials, structure or work to be fenced and enclosed to\nprevent damage or injury or inconvenience to other persons;\nand\n(f) any other sign, barrier or traffic control or warning device that\nthe council requires to be placed in the number and position\nas the council considers sufficient for the purpose of providing\nadequate warning of the materials, structure or work,\nuntil the material or structure is removed or the road or road-related\narea is restored.\n(2) A person who contravenes or fails to comply with clause (1)\ncommits an offence.\nPenalty: $3 000.\n(3) An offence against this by-law is a regulatory offence.\n44 Use of access-ways\n(1) A person must not, without a permit, drive or propel a motor vehicle\nover or across a footpath or naturestrip other than at an access-\nway.\nPenalty: $3 000.\n(2) Clause (1) does not apply to a person riding a bicycle or tricycle on,\nalong or across a footpath that the council determines to be a\nbicycle path.\n(3) A person must not:\n(a) park a vehicle on; or\n(b) place an obstruction on, or cause an obstruction to,\nan access-way, footpath or nature strip.\nPenalty: $3 000.\n(4) Clause (3) does not apply to a person requiring to gain access to\nland who ensures that the vehicle or obstruction remains on the\naccess-way to the land for the least time necessary to obtain\naccess.\n(5) An offence against clause (1) or (3) is a regulatory offence.\n\nPart 6 Control of vehicles and traffic\nPalmerston (Public Places) By-laws 2001 26\n45 Heavy loads prohibited on access-way, kerb etc.\n(1) The council may determine the maximum weight of a load to be\ncarried over an access-way, culvert, kerb, causeway or bridge and,\nif it does, must notify the determination by a sign conspicuously\nerected or posted at or near each approach to the access-way,\nculvert, kerb, causeway or bridge.\n(2) A person who, without a permit, stands, drives or propels a vehicle\nthat is:\n(a) so heavy or of such nature that it is likely to cause damage to\nthe paving of the access-way or to a culvert, kerb, causeway,\nbridge, road or road-related area; or\n(b) of a weight greater than the weight determined under\nclause (1),\non or across an access-way, culvert, kerb, causeway, bridge, road\nor road-related area commits an offence.\nPenalty: $3 000.\nPart 6 Control of vehicles and traffic\n46 Driving etc. in public place on roads and road-related areas\nonly\n(1) Except in the course of an emergency, a person must not stop, park\nor drive a vehicle on a public place unless he or she does so on a\nroad or road-related area or in a parking area.\nPenalty: $3 000.\n(2) Clause (1) does not apply to:\n(a) a person who in a public place stops, parks or drives a vehicle\nother than on a road or road-related area or in a parking area\nwith the consent of the owner or occupier or person who has\ncontrol of the place;\n(b) a person who is riding a bicycle or tricycle on a footpath that is\nnot determined to be a bicycle restriction area under\nby-law 47; or\n(c) a person driving a service vehicle.\n\nPart 7 Trees etc.\nPalmerston (Public Places) By-laws 2001 27\n(3) In this by-law:\nroad-related area includes the shoulder of a road.\nservice vehicle means a vehicle under the control of an officer of,\nand being used in relation to a function of:\n(a) the council; or\n(b) an Agency whose responsibilities include highways, the\nconstruction and maintenance of government works, or\nplanning and urban development; or\n(c) the Power and Water Corporation; or\n(d) a body providing telecommunications services within Australia.\n47 Bicycle restriction areas\nA person who rides a bicycle or tricycle on a footpath that the\ncouncil determines to be a bicycle restriction area, and indicates is\na bicycle restriction area by displaying \"No Bicycles\" signs in\naccordance with regulation 85 of the Traffic Regulations 1999,\ncommits an offence.\nPenalty: $3 000.\n48 Council may provide off-street parking\nThe council may provide for off-street parking of vehicles within the\nmunicipality.\nPart 7 Trees etc.\n49 Damage to trees, plants etc.\n(1) A person must not, without a permit:\n(a) interfere with or damage a tree, plant, garden or grassed area\nor cause anything to be done so that it may become damaged\nor destroyed;\n(b) cut, break, remove or disturb a tree, shrub, stem, branch or\nroot of a living tree, shrub or plant; or\n(c) plant a tree, shrub or plant,\nin a public place.\nPenalty: $3 000.\n\nPart 7 Trees etc.\nPalmerston (Public Places) By-laws 2001 28\n(2) Clause (1) does not prevent the owner or occupier of land that\nabuts a footpath or naturestrip from pruning or otherwise\nmaintaining a tree, shrub or plant or maintaining or mowing grass\nplanted on the footpath or naturestrip unless the council directs\notherwise.\n(3) A person must not, without a permit, pick, pluck or take a bud,\nflower or other part of a tree, shrub or plant in a public place.\nPenalty: $3 000.\n(4) A person must not, in a public place:\n(a) drive, tow or propel a motor vehicle or other vehicle; or\n(b) ride, drive or lead an animal,\nin a manner that causes or permits it to cause damage to a tree,\nshrub, plant, garden or an area of grass in the public place, or to\ncouncil property situated on or affixed to the public place.\nPenalty: $3 000.\n(5) An offence against this by-law is a regulatory offence.\n50 Permit to plant etc. trees etc.\nIn addition to the general requirements specified in by-law 15, an\napplication for a permit to plant, cut, break, remove or disturb a\ntree, shrub or plant referred to in by-law 49(1) is to indicate the\nposition:\n(a) where the applicant intends to plant the tree, shrub or plant; or\n(b) where and how the applicant intends to cut, break, remove or\ndisturb the tree, shrub or plant or part of it,\nas the case may require.\n51 Overhanging trees and shrubs\n(1) The council may, if it considers that a tree, shrub or plant growing\non land is causing inconvenience or an obstruction to persons using\na road, road-related area or footpath or is causing or likely to cause\ndamage to an adjacent public place, serve a notice under by-law 11\non the owner or occupier of the land to trim or remove the tree,\nshrub, or plant.\n\nPart 8 Malls and other public places\nPalmerston (Public Places) By-laws 2001 29\n(2) An owner or occupier who is served with a notice referred to in\nclause (1) must comply with the notice.\nPenalty: $3 000.\nPart 8 Malls and other public places\n52 Bicycles, skates etc. may be prohibited in malls and other\npublic places\n(1) The council may determine that the riding or driving of bicycles,\ntricycles, scooters, pedal powered vehicles, small motorised\nvehicles, roller skates or blades, skateboards is prohibited or\nrestricted in a mall or other public place and, if it does, must notify\nthe determination by signs conspicuously erected or posted in and\notherwise in association with the mall or public place.\n(2) A person must not contravene the determination of the council\nunder clause (1) as inscribed on a sign erected or posted under that\nclause.\nPenalty: $3 000.\n53 Control of certain activities in malls and other public places\n(1) A person must not, without a permit, in a public place:\n(a) perform or offer entertainment;\n(b) make a painting or drawing or take a photograph or film of a\nperson or thing for commercial purposes; or\n(c) address persons assembled there.\n(2) A person must not, without a permit, erect or install in a public place\na post, rail, fence, pole, tent, booth, stand, display, exhibition,\ndecoration or structure or any furniture, whether permanent or\ntemporary.\n(3) A person must not, without a permit, discharge, or dispose of into or\nin a mall or other public place moisture from an air conditioner, or\nfumes, smoke, vapour, dust or other waste products, in such a way\nas to cause damage or annoyance to another person.\n(4) A person must not, without a permit, remove or displace from or in\na public place a barrier, railing, post, seat or any structure or\nerection.\n\nPart 8 Malls and other public places\nPalmerston (Public Places) By-laws 2001 30\n(5) A person must not, in a mall:\n(a) remove or disturb a part of the soil of a flowerbed or around or\nunder a tree or plant;\n(b) walk, stand, sit or lie upon a part of a flowerbed; or\n(c) remove, cut or damage a flower, plant or tree.\n(6) A person conducting a business to which access is from a mall\nmust not, for the disposal of trade or commercial waste or\npackaging or rubbish, use public refuse bins placed by the council\nin the mall.\n(7) A person must not, without a permit, enter, remain on or walk on\nany roof, covering or canopy erected over a mall.\n(8) A person must not, without a permit, bring an animal into a mall.\n(9) Clause (8) does not apply to a person who is accompanied by a\ndog trained or being trained by a guide dog training institution\napproved by the council and is being or will be used as a guide by a\nperson who is wholly or partially blind or deaf.\n(10) A person who fails to comply with or contravenes this by-law\ncommits an offence.\nPenalty: $3 000.\n(11) This by-law does not apply to an agent or officer or employee of the\ncouncil acting in accordance with his or her duties.\n54 Control of vehicular traffic etc. in malls\n(1) A person must not drive a vehicle or cause a vehicle to stand in a\nmall unless it is:\n(a) an emergency vehicle;\n(b) a service vehicle; or\n(c) a vehicle in the mall in accordance with a permit.\n(2) A person must not drive a vehicle, other than an emergency\nvehicle, in a mall at a speed in excess of 5 km/h.\n(3) A person who fails to comply with or contravenes clause (1) or\nclause (2) commits an offence.\nPenalty: $3 000.\n\nPart 9 Public swimming pools etc.\nPalmerston (Public Places) By-laws 2001 31\n(4) An offence against clause (1) or (2) is a regulatory offence.\n(5) If, contrary to a by-law, there is in a mall a vehicle or thing the\ndriving, use, presence or standing of which is prohibited or\nregulated, a member of the Police Force, an authorised person or\nofficer or employee of the council may remove the vehicle or thing\nto a place either within or outside the mall.\n(6) A person acting under clause (5) is not liable for any damage\ncaused to a vehicle or thing removed under that clause.\n(7) This by-law does not apply to the bona fide use of a wheel chair or\nperambulator.\n(8) In this by-law:\nemergency vehicle means a vehicle under the control of:\n(a) a member of the Police Force;\n(b) an employee of a fire brigade;\n(c) an officer of an ambulance service; or\n(d) a person authorised by an officer of the Northern Territory Fire\nand Rescue Service, established by section 5 of the Fire and\nEmergency Act 1996,\nwho is acting in accordance with his or her duties.\nservice vehicle means a vehicle that is under the control of an\nofficer or employee of the Power and Water Authority, a corporation\nproviding telecommunication services, the Department of Transport\nand Works or the council and is being used in relation to a function\nof those bodies.\nPart 9 Public swimming pools etc.\n55 Application of Part and definition\n(1) Unless the contrary intention appears, this Part applies to all:\n(a) public swimming pools; and\n(b) other public places in the municipality where there are waters\nwhere members of the public may frequent to swim or bathe.\n(2) By-law 56(1) does not apply to a free area within the meaning of the\nNudity Act 1975.\n\nPart 9 Public swimming pools etc.\nPalmerston (Public Places) By-laws 2001 32\n(3) In this Part:\nbathing place means a public place in the municipality, other than\na public swimming pool, where there are waters where members of\nthe public may frequent to swim or bathe.\n56 Dress and conduct at swimming pools and bathing places\n(1) A person in or near a swimming pool or bathing place must be\ndressed in a manner that is appropriate and adequate.\n(2) A male person over the age of 5 years must not enter a dressing\nroom, toilet or shower set aside for females, and a female over the\nage of 5 years must not enter a dressing room, toilet or shower set\naside for males.\n(3) A person under the influence of intoxicating liquor or drugs must not\nenter a public swimming pool or be in or near a bathing place.\n(5) A person who is suffering, or appears to an authorised person to be\nsuffering, from an infectious, contagious or offensive skin disease\nor skin complaint must not enter or use a public swimming pool or\nwaters in a bathing place.\n(6) A person must not commit a nuisance of any kind within a public\nswimming pool or bathing place.\n(7) A person must not wilfully:\n(a) foul or pollute the water of; or\n(b) foul or pollute a dressing room, toilet or shower in,\na public swimming pool or bathing place.\n(8) A person must not play a game or do any act that is dangerous, is\nlikely to interfere with the safety or comfort of the general public or\nis likely to damage the property of or injure, endanger, obstruct,\ninconvenience or annoy a person in a public swimming pool or\nbathing place.\n(9) If an authorised person is of the opinion that a person in or near a\npublic swimming pool or bathing place is contravening this by-law,\nthe authorised person may direct the person to:\n(a) if, in the opinion of the authorised person, the person is under\nthe influence of intoxicating liquor or drugs – leave the public\nswimming pool or bathing place; or\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 33\n(b) in any other case:\n(i) do an act so that the person will be complying with this\nby-law or cease doing the act that does not comply with\nthis by-law; or\n(ii) leave the public swimming pool or bathing place,\nas the authorised person considers appropriate.\n(10) A person who contravenes or fails to comply with a direction given\nto the person by an authorised person under clause (9) commits an\noffence.\n(11) A person who, without lawful authority, tampers with or alters any\nsetting of or makes any adjustment to any structure, equipment or\nfacility in a public place commits an offence.\nPenalty: $3 000.\n(12) An offence against clause (11) is a regulatory offence.\n57 Removal of unsupervised children from swimming pools and\nbathing places\nAn authorised person may exclude from a public swimming pool or\nbathing place a child who is not accompanied by and in the control\nof a person who is at least 16 years of age and apparently capable\nof caring for the child.\nPart 10 General controls\n58 Handbills\n(1) A person commits an offence if the person:\n(a) gives out or distributes a handbill; or\n(b) affixes or causes to be affixed a handbill to a power pole,\nsignpost or fixture in a street or any other structure,\nin or on a public place unless the person does so in accordance\nwith a permit authorising the giving out, distributing or affixing of the\nhandbill.\nPenalty: $3 000.\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 34\n(2) A person commits an offence if the person affixes or causes to be\naffixed a handbill to or against a structure on land adjoining a public\nplace unless the person:\n(a) does so in accordance with a permit authorising the affixing of\nthe handbill; and\n(b) has the consent of the owner or occupier of the land to do so.\nPenalty: $3 000.\n(3) It is a condition of a permit to affix a handbill that the person to\nwhom the permit is granted is to:\n(a) ensure that the handbill is preserved in a clean and tidy\ncondition;\n(b) remove the handbill if it becomes worn, torn or detached; and\n(c) remove from a public place any litter caused by the affixing,\ntearing, detachment or discarding of the handbill.\n(4) If an authorised person is of the opinion that a handbill that is\naffixed to a structure in, on or adjoining a public place is dirty,\nuntidy, worn, torn or detached, the authorised person may, whether\nor not a permit has been granted or the consent of the owner or\noccupier of the land obtained in relation to affixing the handbill,\nserve a notice under by-law 11 on:\n(a) the owner or occupier of the building where the handbill is\nposted; or\n(b) the person responsible for authorising the production of the\nhandbill,\nrequiring remedial action or the removal of the handbill.\n(5) A person who is served with a notice referred to in clause (4) must\ncomply with the notice.\n59 Lighting fires\n(1) A person must not, unless authorised to do so under a permit\ngranted under the Fire and Emergency Act 1996, light or maintain a\nfire in a public place under the care, control or management of the\ncouncil other than in a designated fire place.\n(2) If an authorised person is of the opinion that a person is\ncontravening clause (1), the authorised person may direct the\nperson to put out the fire.\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 35\n60 Throwing stones etc.\n(1) A person who, into, from or in a public place:\n(a) throws or discharges a stone or other object; or\n(b) uses a catapult,\nand by doing so:\n(c) causes damage to a building or property;\n(d) hits or frightens a person or animal; or\n(e) creates a reasonable apprehension in another person that he\nor she might hit or frighten a person,\ncommits an offence.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n61 Writing, defacing etc.\n(1) A person who, without a permit, writes on, defaces or marks a\npower pole, sign, post, fixture, wall or pavement in a public place\nwith writing or pictorial representation commits an offence.\nPenalty: $3 000.\n(2) An offence against this by-law is a regulatory offence.\n62 Goods in public place\n(1) A person who, without a permit, stacks or stores goods or displays\nor exposes them, or permits their stacking, storing or exposing\n(whether or not for sale) in, on or over a public place, or outside any\npremises adjoining a public place, commits an offence.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n(3) In clause (1):\ngoods includes merchandise, building and construction materials,\npallets, machinery, vehicles, boats and vessels and vehicle, boat\nand vessel parts.\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 36\n63 Washing or repairing vehicles etc. in public place\n(1) Subject to clause (2), a person must not:\n(a) wash a vehicle, boat or motor boat; or\n(b) carry out repairs or maintenance work on any of them,\non, along, in or across a public place.\nPenalty: $3 000.\n(2) Clause (1)(b) does not apply:\n(a) where the public place has been set aside by the council for\nthe purpose of carrying out repairs or maintenance work and a\nnotice to that effect has been conspicuously erected or posted\nnearby; or\n(b) to carrying out a repair for the purpose of immediately\nremoving the motor vehicle, vehicle, boat or motor boat from a\npublic place.\n64 Musical instruments etc.\nA person must not, without a permit, on a public place or other land\nunder the care, control or management of the council:\n(a) use a musical instrument; or\n(b) for the purpose of announcing an auction, public performance,\nsale, meeting or similar gathering, ring a bell or use a musical\ninstrument or any means of amplification or public address.\nPenalty: $3 000.\n65 Camping or sleeping in public place\n(1) A person who:\n(a) camps;\n(b) parks a motor vehicle, erects a tent or other shelter or places\ngear or equipment for the purpose of camping or sleeping; or\n(c) being an adult, sleeps at anytime between sunset and sunrise,\nin a public place other than:\n(d) in a caravan park or camping area where the person is\npermitted to park or camp on the payment of money; or\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 37\n(e) in accordance with a permit,\ncommits an offence.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n(3) An authorised person may direct a person who is contravening or\nhas contravened clause (1) to do one or both of the following:\n(a) leave the public place; or\n(b) remove any motor vehicle, tent, shelter, gear or equipment\nunder the person's control to a place specified by the\nauthorised person.\n(4) A person who is given a direction under clause (3) must comply\nwith the direction without delay.\n(5) A person who fails to comply with clause (4) commits an offence.\nPenalty: $3 000.\n66 Person must not obstruct etc. another person using public\namenity\nA person who, whether alone or together with others, obstructs or,\nby his, her or their presence, intimidates another person from using\na public shelter, ablution facility, water supply, barbecue or fireplace\ncommits an offence.\nPenalty: $3 000.\n67 Shopping trolleys\n(1) A person who leaves a shopping trolley in a public place commits\nan offence.\nPenalty: $3 000.\n(2) An offence against clause (1) is a regulatory offence.\n(3) An authorised person may remove and impound a shopping trolley\nleft unattended in a public place and is, within 7 days after the\nremoval and impoundment, to:\n(a) serve on the owner a notice in writing of the impoundment and\nplace of impoundment; or\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 38\n(b) if the owner cannot be found or the owner's name cannot be\nascertained – certify to the clerk the reason for failure to serve\na notice referred to in paragraph (a).\n(4) A certificate under clause (3)(b) is evidence of the matters set out in\nit.\n(5) After the expiration of 28 days after the impoundment, the clerk is to\ncause notice of the impoundment to be published in a newspaper\ngenerally circulating in the municipality and, if the owner of the\ntrolley does not respond within 7 days after that publication of the\nnotice, is to publish the notice a second time.\n(6) If the owner of the trolley has not, within 28 days after service of a\nnotice under clause (3)(a) or the later of the publications under\nclause (4), paid to the council all expenses relating to the removal,\ncustody and reasonable maintenance of the trolley, the council may\nadvertise for sale and sell the trolley or, if it is not convenient to sell\nthe trolley, dispose of it.\n(7) Any proceeds of the sale of a shopping trolley are to be applied in\npayment of:\n(a) costs incurred by the council in the sale; and\n(b) costs of removal, custody and reasonable maintenance before\nthe sale of the shopping trolley,\nand the balance, if any, is to be paid to the person who was the\nowner of the shopping trolley at the time of the removal and\nimpoundment.\n(8) If, after the expiry of 6 months after the date of the sale of a\nshopping trolley sold under clause (6), proceeds from the sale of\nthe shopping trolley remain unclaimed by the owner or by a person\nacting on behalf of the owner, the money is to be paid into the\ncouncil's general fund.\n68 Removal of persons from reserve or mall\n(1) An authorised person may remove, or cause to be removed, a\nperson who contravenes these By-laws in a reserve or mall from\nthe reserve or mall.\n(2) If an authorised person has removed a person under clause (1), the\ncouncil may, by notice in writing served on the person, refuse him\nor her entry to the reserve or mall for the period not exceeding\n6 months specified in the notice.\n\nPart 10 General controls\nPalmerston (Public Places) By-laws 2001 39\n(3) A person on whom a notice under clause (2) has been served who\nenters the reserve or mall during the period specified in the notice\ncommits an offence.\nPenalty: $3 000.\n69 General offences\n(1) A person must not in waters in a reserve:\n(a) drive, propel, sail or tow a boat or motor boat;\n(b) fish; or\n(c) swim or bath,\nunless doing so:\n(d) in waters designated by signs erected or posted by the council\nas waters where a person may drive, propel, sail or tow a boat\nor motor boat, fish or swim; and\n(e) in accordance with any directions on those signs.\nPenalty: $3 000.\n(2) A person must not, without a permit, wilfully injure or kill an animal\nor bird, or act in a manner intended or reasonably likely to result in\ninjury or death to an animal or bird, in a public place.\nPenalty: $3 000.\n(3) A person must not, without a permit, graze or allow an animal that\nthe person owns or is responsible for to graze on a public place.\nPenalty: $3 000.\n(4) A person who urinates or defecates in a public place, except in\ntoilets provided for the purpose, commits an offence.\nPenalty: $3 000.\n(5) An offence against clause (4) is a regulatory offence.\n(6) A person who spits or emits a nasal discharge in a public place\ncommits an offence\nPenalty: $3 000.\n\nPart 11 Public libraries\nDivision 2 Library hours\nPalmerston (Public Places) By-laws 2001 40\n(7) A person must not cause damage to council property situated on or\naffixed to a public place.\nPenalty: $3 000.\n(8) A person must not injure, endanger, obstruct, interfere with,\ninconvenience or annoy another person on a public place under the\ncare, control or management of the council.\nPenalty: $3 000.\nPart 11 Public libraries\nDivision 1 Preliminary\n70 Definitions\nIn this Part, unless the contrary intention appears:\nbook or material includes a periodical, newspaper, pamphlet,\nmusic score, picture, print, photograph, microfilm, map, chart, plan,\nmanuscript, film, slide, sound recording, video recording or any\nother article forming part of the library collection whether or not the\nproperty of the council or the Territory.\nborrower's card means a borrower's card issued under by-law 77.\nlibrarian, in respect of a library, means the person appointed by the\ncouncil to be in charge of the library and includes an officer or\nemployee of the council acting for or under the direction of the\nlibrarian.\nlibrary means a public library in the municipality administered by\nthe council and includes all premises forming part of or used by the\nlibrary.\npatron means a person, organisation or institution who uses or\nintends to use a service provided by a library.\nregistered borrower means a patron who is registered under\nby-law 73 or 74 as a patron who may borrow a book or material\nunder this Part.\nDivision 2 Library hours\n71 Library hours determined by council\nA library is to be open on the days and during the hours that the\ncouncil by resolution determines.\n\nPart 11 Public libraries\nDivision 3 Registration of borrowers\nPalmerston (Public Places) By-laws 2001 41\n72 Notification of library hours\nA notice setting out the days and times a library is open is to be\nclearly exhibited and kept exhibited by the librarian in a\nconspicuous place in or about the library.\nDivision 3 Registration of borrowers\n73 Registration of permanent residents and persons working etc.\nin the municipality as borrowers\nThe librarian may:\n(a) on the application by a patron to the librarian; and\n(b) on the production to the librarian of evidence by the patron\nthat the patron resides in the municipality, is attending an\neducational institution in the municipality or conducts business\non premises in the municipality,\nregister the patron as a patron who may borrow a book or material\nunder this Part.\n74 Registration of other persons as borrowers\n(1) If a person who is a patron of a public library that is outside the\nmunicipality (but in the Territory) who is entitled to borrow books or\nmaterials from that library:\n(a) applies to the librarian for registration as a borrower; and\n(b) produces to the librarian the patron's borrower's card\n(however described) from the other library,\nthe librarian may register the person as a patron who may borrow a\nbook or material under this Part.\n(2) If a person who is not entitled to be registered as a borrower under\nby-law 73 or clause (1):\n(a) applies to the librarian for registration as a borrower; and\n(b) produces to the librarian evidence that satisfies the librarian\nthat the person is suitable for registration as a patron who may\nborrow a book or material under this Part,\nthe librarian may register the person as a patron who may borrow a\nbook or material under this Part.\n\nPart 11 Public libraries\nDivision 4 Borrowers' cards\nPalmerston (Public Places) By-laws 2001 42\n75 Guarantors of registered borrowers who are less than 18\n(1) If an application is made under this Division for registration as a\npatron who may borrow a book or material under this Part by a\nperson who is less than 18 years of age, the librarian may require\nthat a parent of the applicant or another person who is more than\n18 years of age sign the application as guarantor of the applicant.\n(2) If the application is signed by a parent or other person as guarantor,\nthe parent or person guarantees that he or she will, until the\napplicant is 18 years of age, pay:\n(a) all fees payable under this Part by the applicant; and\n(b) all demands made to the applicant under by-law 89 to pay the\ncosts of replacing or repairing books or materials borrowed by\nthe applicant that are lost, damaged or not returned.\n76 Effect of registration\nSubject to this Part and any terms and conditions determined by the\nlibrarian, a registered borrower may borrow, free of charge, a book\nor material designated by the librarian as a book or material that is\navailable for lending for use away from a library.\nDivision 4 Borrowers' cards\n77 Issue of borrowers' cards\n(1) The librarian must issue a borrower's card to each registered\nborrower.\n(2) A borrower's card remains in force for:\n(a) a period of 2 years after the date of issue; or\n(b) any other period determined by the librarian and endorsed on\nthe card,\nunless sooner cancelled or suspended.\n(3) A borrower's card is not transferable.\n78 Renewal of borrowers' cards\n(1) A registered borrower whose borrower's card expires must apply to\nthe librarian for a new borrower's card.\n(2) Subject to clause (3), the librarian may issue a new borrower's card\nto the registered borrower.\n\nPart 11 Public libraries\nDivision 4 Borrowers' cards\nPalmerston (Public Places) By-laws 2001 43\n(3) The librarian must not issue a new borrower's card under this\nby-law to the registered borrower unless the borrower has returned\nall overdue books and materials loaned by the library to the\nborrower and has paid all outstanding fees and costs incurred by\nthe borrower under this Part.\n79 Loss or destruction of borrowers' cards\n(1) A registered borrower whose borrower's card is lost or destroyed\nmust notify a librarian of the loss or destruction as soon as\nreasonably possible after becoming aware of its loss or destruction.\n(2) Subject to clause (3), if a registered borrower satisfies a librarian\nthat his or her borrower's card has been lost or destroyed, the\nlibrarian may, on payment of the relevant fee (if any), issue to the\nborrower a new borrower's card.\n(3) The librarian must not issue a borrower's card under this by-law to a\nregistered borrower unless the borrower has returned all books and\nmaterials that the borrower has on loan and the borrower has paid\nall outstanding fees and costs he or she has incurred under this\nPart.\n(4) If a card is lost, the registered borrower in whose name the card is\nissued is, until the librarian is notified of its loss under clause (1),\nliable under this Part for loss of, or damage to, books or materials\nborrowed by another person using the card after it was lost.\n80 Cancellation, suspension and amendment of borrowers' cards\n(1) A librarian may:\n(a) cancel; or\n(b) suspend for the period the librarian considers appropriate,\na borrower's card if the registered borrower in whose name the card\nis issued has contravened or failed to comply with this Part.\n(2) If a registered borrower changes his or her name, he or she must,\nas soon as reasonably possible, notify the librarian and give his or\nher borrower's card to the librarian to be amended.\n(3) If a registered borrower does not intend to continue borrowing\nbooks or materials from a library, he or she must, as soon as\nreasonably possible, notify the librarian and give his or her\nborrower's card to the librarian for cancellation.\n\nPart 11 Public libraries\nDivision 5 Borrowing\nPalmerston (Public Places) By-laws 2001 44\nDivision 5 Borrowing\n81 Books etc. to be lent only to registered borrowers who present\nborrower's cards\nThe librarian must not lend a book or material:\n(a) except to a patron who is a registered borrower; and\n(b) unless the registered borrower presents his or her borrower's\ncard to the librarian at the area designated for the purpose of\nissuing books or materials at the library.\n82 Number of books or materials that may be borrowed\nThe maximum number of books and materials a person may borrow\nfrom a library at a time is the number determined by the librarian.\n83 Period of loan of books or materials\n(1) The period a book or material may be borrowed from a library is the\nperiod determined by the librarian.\n(2) The registered borrower must return a book or material that the\nborrower has borrowed to the library on or before the expiry of the\nperiod the book or material is loaned to the borrower:\n(a) by presenting the book or material at the area in the library\ndesignated for the purpose of returning books or materials; or\n(b) in any other manner determined by the librarian.\n(3) If, on the expiry of the period a book or material is loaned to a\nregistered borrower, the book or material is not required by another\nregistered borrower, the librarian may, on the application of the\nregistered borrower to whom the book or material was loaned\nextend the period of its loan to the borrower for one further period of\nloan.\n(4) A registered borrower may apply to extend the period a book or\nmaterial is loaned to the borrower:\n(a) by presenting the book or material at the library from which it\nwas borrowed; or\n(b) in any other manner determined by the librarian.\n\nPart 11 Public libraries\nDivision 5 Borrowing\nPalmerston (Public Places) By-laws 2001 45\n84 Books or materials may be reserved\n(1) If a book or material is required by a registered borrower but is not\npresently available for loan, a librarian may reserve the book or\nmaterial for the borrower.\n(2) The librarian must notify the registered borrower when the book or\nmaterial becomes available for loan.\n85 Books or materials may be requested\n(1) A registered borrower may apply to a librarian to borrow a book or\nmaterial that does not form part of the library's collection.\n(2) If an application is made under clause (1), the librarian must take\nthe action that is practicable to provide the book or material applied\nfor and must notify the registered borrower of the outcome.\n(3) Nothing in this by-law requires the council to purchase a book or\nmaterial in respect of which an application is made under\nclause (1).\n86 Reference books or materials not to be borrowed\nA book or material provided in a library for reference use only is not\nto be borrowed from the library unless the librarian considers\nspecial circumstances exist that warrant its removal from the library.\n87 Retention of books or materials beyond period of loan\n(1) If a registered borrower fails to return a book or material to the\nlibrary after the expiry of the period of loan of the book or material,\nthe librarian may send to the borrower a letter demanding that the\nborrower return the book or material to the library not later than\n14 days after receiving the letter.\n(2) The letter is to be headed \"Formal Demand\".\n(3) On the return of the book or material, the librarian may require the\nregistered borrower to pay the reasonable costs incurred by the\ncouncil in obtaining the return of the book or material.\n(4) If a registered borrower fails to pay an amount under clause (3), the\nlibrarian may:\n(a) cancel or suspend the borrower's card of the registered\nborrower; or\n(b) until payment is made – refuse to lend books or materials to\nthe registered borrower.\n\nPart 11 Public libraries\nDivision 5 Borrowing\nPalmerston (Public Places) By-laws 2001 46\n88 Damage to books or materials to be reported\nIf a book or material is:\n(a) damaged while on loan; or\n(b) issued in a damaged or imperfect condition,\nthe registered borrower who borrowed the book must report the\ndamage to the librarian when returning the book or material to the\nlibrary.\n89 Lost or damaged books or materials\n(1) If a book or material is:\n(a) damaged while on loan;\n(b) lost while on loan; or\n(c) not returned after demand for its return has been made by the\nlibrarian under by-law 87,\nthe librarian may demand, in writing, the registered borrower of the\nbook or material to pay the cost of replacing or repairing it or, if the\nbook or material is one of a set and it is impracticable to repair or\nreplace the book or material, to pay the cost of replacing the set.\n(2) The demand is to be headed \"Formal Demand\".\n(3) A book or material that is stolen, lost or damaged remains the\nproperty of the council despite being replaced or paid for and, if\nrecovered, the subsequent disposal of the book or material is at the\ndiscretion of the council.\n90 Offence to fail to comply with demand\n(1) A person who fails to:\n(a) return an overdue book or material within 14 days of receiving\nthe librarian's letter of demand under by-law 87; or\n(b) within one month after receiving a demand under by-law 89:\n(i) pay the amount of costs specified in the demand for\nreplacing or repairing a lost or damaged book or\nmaterial; or\n(ii) enter into an arrangement satisfactory to the council to\nsatisfy that demand,\n\nPart 11 Public libraries\nDivision 6 Controls\nPalmerston (Public Places) By-laws 2001 47\ncommits an offence.\nPenalty: $3 000 and, in addition, $100 for each day during\nwhich the offence continues after the first day on\nwhich the offence is committed.\n(2) An offence against clause (1) is a regulatory offence.\nDivision 6 Controls\n91 Powers of librarian etc.\n(1) The librarian may give the directions and take the action that the\nlibrarian considers necessary for securing orderly conduct at a\nlibrary and compliance with this Part.\n(2) The librarian may prohibit a child entering or remaining in a library if\nthe child is not under the supervision of an adult or another child\nwho, in the opinion of the librarian, is capable of supervising the\nchild.\n(3) The librarian or an authorised person may remove from the library\nor prohibit the entry into a library of a person who contravenes or\nfails to comply with this Part or with a direction or prohibition of the\nlibrarian under clause (1) or (2).\n(4) A person aggrieved by a decision of a librarian may appeal to the\ncouncil.\n92 Bags etc. to be deposited\n(1) A person entering a library may be required by the librarian to\ndeposit a bag, case, parcel or other similar article in the person's\npossession in a place set aside for that purpose.\n(2) A person who brings a bag, case, parcel or other similar article into\na library must, when requested by the librarian, allow it to be\ninspected by the librarian before the person leaves the library.\n(3) A bag, case, parcel or article deposited in a library in accordance\nwith clause (1) that is not claimed within 24 hours after its deposit\nmay be forwarded by the librarian to a police station.\n(4) The council or a librarian is not liable for the loss of or damage to a\nbag, case, parcel or article deposited in a library in accordance with\nclause (1).\n\nPart 11 Public libraries\nDivision 6 Controls\nPalmerston (Public Places) By-laws 2001 48\n93 Supervision of children\nA person must not enter or remain in a library with a child unless\nthe person keeps the child under direct supervision at all times\nwhile the child is in the library.\n94 Animals in libraries\n(1) A person must not, except with the permission of the librarian, bring\nan animal into a library.\nPenalty: $200.\n(2) Clause (1) does not apply to a person bringing a guide dog into a\nlibrary.\n95 Vehicles in libraries\nA person must not, except with the permission of the librarian, bring\na vehicle or conveyance into a library.\nPenalty: $200.\n96 Conduct of persons in libraries\nA person must not:\n(a) obstruct a librarian or an officer or employee of the council in\nthe execution of his or her duties under this Part;\n(b) enter or use a library if unclean in dress or person or under the\ninfluence of alcohol or drugs;\n(c) soil, tear, cut, deface, damage, injure or destroy a book or\nmaterial or an object forming part of the contents of a library,\nwhether in the library or elsewhere;\n(d) except under and in accordance with this Part – take or cause\nto be taken from a library, or receive or be in possession of, a\nbook or material forming part of the contents of the library;\n(e) make a copy of a borrower's card;\n(f) except with the consent of the librarian – enter or remain in\nany part of a library not set aside for the use of the public;\n(g) except with the consent of the librarian – affix or post a bill,\nplacard, notice or petition in or on a part of a library; or\n\nPart 12 Repeal and savings\nPalmerston (Public Places) By-laws 2001 49\n(h) do any of the following in a library:\n(i) take a tracing from a book or material except through a\nprotective screen and with the permission of the\nlibrarian;\n(ii) wilfully misplace or conceal a book or material or a\nrecord of a book or material;\n(iii) disturb, interrupt or annoy a person;\n(iv) sleep, lie on a chair or table or on the floor;\n(v) smoke, eat or drink, except in an area designated by the\nlibrarian for that purpose;\n(vi) except with the consent of the librarian – offer anything\nfor sale;\n(vii) make or receive a call on a mobile telephone;\n(viii) behave in a disorderly manner or swear or use violent,\nabusive or obscene language;\n(ix) enter or remain after the hour fixed for the closing of the\nlibrary.\nPenalty: $200.\n97 Change of address of registered borrower\nA registered borrower who changes his or her address must, within\n14 days after the change, notify the librarian of the new address.\nPenalty: $200.\nPart 12 Repeal and savings\n98 Repeal\nThe By-laws set out in Schedule 3 are repealed.\n99 Savings\n(1) Without limiting section 12 of the Interpretation Act 1978, all\nservices, appointments, authorisations, permissions, permits,\nlicences, rights, privileges, obligations and liabilities established,\nmade, given, granted, acquired, accrued or incurred under the By-\nlaws repealed by by-law 98 that were operating or having effect\nimmediately before the commencement of these By-laws, and all\n\nPart 12 Repeal and savings\nPalmerston (Public Places) By-laws 2001 50\nmatters in process under those repealed By-laws immediately\nbefore that commencement, are to continue, and may be dealt with,\nas if established, made, given, granted, acquired, accrued, incurred\nor in process under and in accordance with the relevant\ncorresponding provisions of these By-laws (if any), and those\nprovisions are, with the necessary changes, to be construed\naccordingly.\n(2) A register kept and maintained under the By-laws repealed by\nby-law 98 are, on the commencement of these By-laws, to become\npart of a register that is kept and maintained under these By-laws.\n\nSchedule 2 Fixed penalties\nPalmerston (Public Places) By-laws 2001 51\nSchedule 2 Fixed penalties\nby-law 23(2)(a)\nColumn 1\nBy-law\nColumn 2\nAmount\n$\n60 50\n\nSchedule 3 Repealed By-laws\nPalmerston (Public Places) By-laws 2001 52\nSchedule 3 Repealed By-laws\nby-law 98\nPalmerston (Litter) By-laws Regulations 1984, No. 21\nRegulations 1989, No. 8\nPalmerston (Traffic) By-laws Regulations 1986, No. 15\nRegulations 1986, No. 38\nPalmerston (Work on Public Places) By-laws Regulations 1986, No.16\n\nENDNOTES\nPalmerston (Public Places) By-laws 2001 53\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\nPalmerston (Public Places) By-laws (SL No. 45, 2001)\nNotified 14 November 2001\nCommenced 14 November 2001\nAmendments of Palmerston (Public Places) By-laws (SL No. 52, 2002)\nNotified 25 November 2002\nCommenced 25 November 2002\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\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, 9, 23, 23A, 47, 55\nand 99.\n4 LIST OF AMENDMENTS\nbl 9 amd No. 52, 2002, bl 1\nbl 13 amd No. 52, 2002, bl 5\nbl 20 – 21 amd No. 52, 2002, bl 5\n\nENDNOTES\nPalmerston (Public Places) By-laws 2001 54\nbl 23 sub No. 52, 2002, bl 2\namd Act No. 28, 2008, s 4\nbl 23A ins No. 52, 2002, bl 2\nbl 28 amd No. 52, 2002, bl 5\nbl 30 – 34 amd No. 52, 2002, bl 5\nbl 36 amd No. 52, 2002, bl 5\nbl 38 – 45 amd No. 52, 2002, bl 5\nbl 46 amd No. 52, 2002, bl 5; Act No. 6, 2008, s 4\nbl 47 amd No. 52, 2002, bl 5\nbl 49 amd No. 52, 2002, bl 5\nbl 51 – 53 amd No. 52, 2002, bl 5\nbl 54 amd No. 52, 2002, bl 5; Act No. 26, 2020, s 3\nbl 56 amd No. 52, 2002, bl 5\nbl 58 amd No. 52, 2002, bl 5\nbl 59 amd Act No. 26, 2020, s 3\nbl 60 – 69 amd No. 52, 2002, bl 5\nbl 90 amd No. 52, 2002, bl 5\nbl 94 – 97 amd No. 52, 2002, bl 5\nsch 1 rep No. 52, 2002, bl 3\nsch 2 amd No. 52, 2002, bl 4","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"},"issue_detection":{"absurdities":[{"type":"other","section":"By-law 67(6), read with 67(3)(b), 67(4) and 67(5)","severity":"medium","reasoning":"If the owner cannot be found, by-law 67(3)(b) requires certification. By-law 67(4) only makes that certificate evidence. Publication occurs under by-law 67(5). However, by-law 67(6) calculates the 28-day period by reference to publications under clause (4). On the supplied text, that referenced event does not exist, so the disposal trigger for this path cannot operate as written.","confidence":0.99,"description":"The disposal trigger refers to “the later of the publications under clause (4)”, but clause (4) creates no publications. The two publications are required by clause (5).","source_quotes":["A certificate under clause (3)(b) is evidence of the matters set out in it.","After the expiration of 28 days after the impoundment, the clerk is to cause notice of the impoundment to be published in a newspaper generally circulating in the municipality and, if the owner of the trolley does not respond within 7 days after that publication of the notice, is to publish the same","the later of the publications under clause (4)"]}],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The involvement of the Northern Territory Electoral Commission in Chapter 8 suggests the by-laws expanded beyond purely local government public place management to also cover electoral matters (such as campaign signage or political activity in public spaces). This represents a broadening of scope from a typical single-agency public places by-law framework."},"complexity_factors":["Split administration between two separate government agencies (Department of Housing, Local Government and Community Development and the NT Electoral Commission), creating potential jurisdictional overlap","Multiple chapters likely covering different subject matters with distinct rules and enforcement regimes","By-laws sit within a broader legislative hierarchy (must be read alongside the enabling Act and other NT legislation), requiring cross-referencing","Limited metadata provided — key details like gazette date, making authority, and regulation number are absent, making full analysis difficult","Interaction between local government powers and NT territory-level legislation adds a layer of complexity for compliance"],"plain_english_summary":"The Palmerston (Public Places) By‑Laws 2001 set local rules for use of parks, streets and other public spaces in Palmerston, affecting residents, visitors, businesses, event organisers and vendors. They govern permitted/prohibited activities (e.g. camping, littering, noise), vehicle/parking use, vending, animal control and alcohol, and impose fines or prosecution for breaches. Administered mainly by the Department of Housing, Local Government and Community Development, with Chapter 8 handled by the NT Electoral Commission. In force from 20 Nov 2020."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument consolidates and replaces earlier Palmerston by-laws (see by-law 98 and Schedule 3) and incorporates subsequent amendments (endnotes). That consolidation shifts the regulatory architecture from multiple prior instruments to a single, updated code and embeds administrative enforcement tools (infringement notice regime, registrar processes, determinations by council). The change is structural and procedural rather than a simple reenactment of a single earlier text."},"complexity_factors":["Wide subject-matter coverage across many Parts (garbage, litter, works, traffic, trees, malls, pools, libraries) increases cross-cutting rules and interaction effects.","Permit system with application, fee, discretionary grant/refusal and non-transferability (by-laws 14–18) creates administrative discretion and compliance obligations.","Council determinations and delegated registrar functions (by-laws 5–7) mean much substantive detail is set by resolution or secondary record rather than fixed in the by-laws.","Enforcement mix: criminal/regulatory offences, fixed-penalty infringement notices and withdrawal rules (by-laws 19–23, 23A) requires administrative processes and links to the Fines and Penalties (Recovery) Act.","Owner liability regime for motor-vehicle offences with statutory-declaration exceptions and evidentiary certificates (by-laws 9–10) shifts enforcement burdens onto registered owners absent exculpatory proof.","Notice-and-remedy powers with cost-recovery and council right to perform works on default (by-laws 11–12) impose potential direct costs on landowners.","Evidentiary presumptions for registers and minutes (by-law 8) simplify proof but concentrate record-keeping as determinative evidence.","Many uniform maximum penalties ($3,000) and several lower library penalties ($200) across diverse breaches; limited gradation may complicate proportional enforcement.","Cross-references to other laws (e.g. Motor Vehicles Act 1949; Traffic Regulations; Fines and Penalties (Recovery) Act) require users to consult multiple instruments.","Limited internal appeal pathways (notably librarian decisions appeal to council) concentrate review within council structures and few external remedies are specified."],"plain_english_summary":"These by-laws set out detailed rules for using and managing public places in Palmerston. They require permits for many activities and works, define waste-collection duties, regulate behaviour in malls, pools and parks, impose offences and fixed penalties, and give the council powers to inspect, issue notices, remove people or things, and recover costs.\n\nThey affect residents, businesses, vehicle owners and contractors: offenders pay fines, landowners may be required to do (or pay for) remedial work, and the council decides fees, permits and many operational conditions."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond a simple 'public places' regulatory scheme. While originally intended to regulate public spaces, it now encompasses comprehensive library management (Part 11 with 28 by-laws covering borrowing cards, registration, and conduct), detailed garbage collection services (Part 2), swimming pool management (Part 9), and complex vehicle liability schemes. The scope has expanded to include essentially all municipal regulatory functions, effectively serving as a consolidated code of local law rather than a narrow public places ordinance. The inclusion of detailed library borrowing procedures and guarantor requirements for minors represents a significant expansion into service administration rather than mere public space regulation."},"complexity_factors":["Length: Approximately 50 pages with 99 by-laws across 12 Parts and multiple Divisions","Cross-references: Heavy reliance on external legislation including the Local Government Act 2008, Australian Road Rules, Traffic Regulations 1999, Motor Vehicles Act 1949, Fire and Emergency Act 1996, Fines and Penalties (Recovery) Act 2001, and the Nudity Act 1975","Defined terms: 30+ defined terms in section 3 alone, including complex definitions like 'owner' which differs for motor vehicles versus animals/boats, and 'public place' which has a 4-part definition","Nested conditions: Multiple by-laws contain exceptions to exceptions (e.g., by-law 46 banning vehicles on public places except on roads, except for bicycles on footpaths, except in bicycle restriction areas)","Permit system: Complex multi-layered permit requirements with conditions, durations, and revocation powers scattered across multiple Parts","Liability shifting: By-law 9 creates a complex statutory liability scheme where vehicle owners are deemed guilty of offences unless they provide statutory declarations within 14 days, with specific evidentiary rules","Procedural requirements: Detailed infringement notice procedures including specific wording requirements, withdrawal mechanisms, and interaction with the Fines and Penalties (Recovery) Act","Institutional arrangements: Multiple roles defined (registrar, authorised persons, clerk, librarian) with specific powers and evidentiary statuses"],"plain_english_summary":"**What this legislation does:**\n\nThese are the local council rules (called \"by-laws\") for Palmerston, a city in the Northern Territory. They set out what people can and cannot do in public spaces like parks, streets, libraries, swimming pools, and shopping areas. Think of them as the \"house rules\" for the entire city.\n\n**Who it affects:**\n\n*   **Everyone** who lives in, works in, or visits Palmerston.\n*   **Property owners** and renters (regarding garbage, land maintenance, and street numbering).\n*   **Drivers** and vehicle owners (regarding parking, driving on nature strips, and liability for offences).\n*   **Businesses** (regarding advertising, works on public land, and mall activities).\n*   **Library users** (with specific rules for borrowing books and behaviour).\n\n**Key areas covered:**\n\n*   **Garbage and waste:** Rules about bins, collection days, and what you can throw away. You must keep your bin clean and put it out on the right day.\n*   **Litter and cleanliness:** You cannot dump rubbish or leave land overgrown. The council can force you to clean up your property.\n*   **Public works:** You need a **permit** (official permission) to dig up footpaths, build driveways, or do construction work on public land.\n*   **Vehicles:** You generally cannot drive or park on nature strips or footpaths (except at designated driveways). The owner of a car is responsible for parking fines even if they weren't driving, unless they can prove someone else was driving.\n*   **Trees and plants:** You cannot damage trees in public places, and you might need a permit to plant or prune them.\n*   **Malls and public areas:** Bans on skateboards, bikes, and certain activities in pedestrian malls unless you have permission.\n*   **Swimming pools:** Rules about appropriate dress, behaviour, and hygiene at public pools.\n*   **General behaviour:** Bans on camping in public places, washing cars on the street, graffiti, lighting fires, and leaving shopping trolleys lying around.\n*   **Libraries:** Detailed rules about getting a library card, how long you can borrow books, fines for late returns, and behaviour inside the library.\n\n**Why it matters:**\n\nThese rules keep public spaces safe, clean, and usable for everyone. They give the council power to issue fines (infringement notices), demand clean-ups, and even arrest or remove people who break the rules seriously. They also establish a system where you can pay a smaller fine to avoid going to court for minor offences."}},"importantCases":[],"_links":{"self":"/api/acts/palmerston-public-places-by-laws-2001","history":"/api/acts/palmerston-public-places-by-laws-2001/history","analysis":"/api/acts/palmerston-public-places-by-laws-2001/analysis","conflicts":"/api/acts/palmerston-public-places-by-laws-2001/conflicts","importantCases":"/api/acts/palmerston-public-places-by-laws-2001/important-cases","documents":"/api/acts/palmerston-public-places-by-laws-2001/documents"}}