{"id":"wa-local:cottesloe-town-of-town-of-cottesloe-parking-and-parking-facilities-local-law-2023","name":"Town of Cottesloe Parking and Parking Facilities Local Law 2023","slug":"town-of-cottesloe-parking-and-parking-facilities-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437720,"registerId":"wa-local:cottesloe-town-of-town-of-cottesloe-parking-and-parking-facilities-local-law-2023-pdf-1775954455255","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Town of Cottesloe Parking and Parking Facilities Local Law 2023","content":"657\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 31 MARCH 2023 No. 38 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nLOCAL GOVERNMENT ACT 1995\n_________\nTOWN OF COTTESLOE\n———————————\nPARKING AND PARKING\nFACILITIES LOCAL LAW 2023\n\n\n\n31 March 2023 GOVERNMENT GAZETTE, WA 659\nLOCAL GOVERNMENT ACT 1995\nTOWN OF COTTESLOE\nPARKING AND PARKING FACILITIES LOCAL LAW 2023\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the\nCouncil of the Town of Cottesloe resolved on 28 February 2023 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the Town of Cottesloe Parking and Parking Facilities Local Law 2023. This local law is subject to\nRegulation 2A of the Local Government (Functions and General) Regulations 1996.\n1.2 Commencement\nThis local law comes into operation 14 days after the date on which it is published in the Government Gazette.\n1.3 Purpose and effect\n(1) The purpose of this local law is to provide for the regulation, control and management of parking within\nthe local government.\n(2) The effect of this local law is to control parking throughout the local government to ensure the safe, fair\nand equitable use of parking facilities under the care and control of the local government.\n1.4 Repeal\nThe Town of Cottesloe Parking and Parking Facilities Local Law 2009 published in the Government Gazette\non 10 July 2009 is repealed.\n1.5 Terms used\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\nauthorised person means a person appointed by the local government under section 9.10 of the Act, to\nperform any of the functions of an authorised person under this local law;\nauthorised vehicle means a vehicle authorised by the local government, CEO, authorised person or by\nany written law to park on a thoroughfare or parking facility;\nbicycle has the meaning given in the Code;\nbicycle lane has the meaning given in the Code;\nbicycle path has the meaning given in the Code;\nbus has the meaning given in the Code;\nbus embayment has the meaning given in the Code;\nbus stop has the meaning given in the Code;\nbus zone has the meaning given in the Code;\ncaravan has the meaning given in the Caravan Parks and Camping Grounds Act 1995;\ncarriageway means—\n(a) a portion of a thoroughfare that is improved, designed or ordinarily used for vehicular traffic\nand includes the shoulders and areas, including embayments at the side or centre of the\ncarriageway, used for the stopping or parking of vehicles; and\n(b) where a thoroughfare has 2 or more of those portions divided by a median strip,—each of those\nportions, separately;\ncentre, in relation to a carriageway, means a line or a series of lines, marks, or other indications—\n(a) for a two-way carriageway—placed so as to delineate vehicular traffic travelling in different\ndirections; or\n(b) in the absence of any such lines, marks or other indications—the middle of the main, travelled\nportion of the carriageway;\nCEO means the Chief Executive Officer of the local government;\nchildren's crossing has the meaning given in the Code;\nCode means the Road Traffic Code 2000;\ncommercial vehicle means—\n(a) a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance\nof materials used in any trade, business, industry or work whatsoever, other than—\n(i) a trailer or vehicle to which a trailer is attached; or\n\n660 GOVERNMENT GAZETTE, WA 31 March 2023\n(ii) a motor vehicle for the conveyance of passengers, and\n(b) includes any motor vehicle that is designed primarily for the carriage of persons, but which has\nbeen fitted or adapted for the conveyance of the goods, merchandise or materials referred to,\nand is in fact used for that purpose;\nCouncil means the council of the local government;\ndetection device means an electronic detection device placed in any position to detect the parking time\nof vehicles left on any road, in a parking station or any other public place and includes any\ninstruments, display panels or transmitting apparatus associated with the device;\ndisability parking permit has the meaning given in the Local Government (Parking for People with\nDisabilities) Regulations 2014;\ndistrict means the district of the local government;\ndriver means any person driving or in control of a vehicle;\nedge line, for a carriageway, means a line marked along the carriageway at or near the far left or the far\nright of the carriageway;\nemergency vehicle has the meaning given in the Code;\nemployee means an employee of the local government;\nfootpath has the meaning given in the Code;\nGVM (Gross Vehicle Mass) means the maximum loaded weight of a rigid vehicle while driving on the road;\nhead of a cul-de-sac means the part of a road that is closed at one end and shaped in such a way that it\ncan be used for vehicles to turn, and includes bulb or hammer-head shaped closed roads;\nkerb means any structure, mark, marking or device to delineate or indicate the edge of a road;\nloading zone means a parking stall to which a loading zone sign applies;\nlocal government means the Town of Cottesloe;\nmail zone has the meaning given in the Code;\nmedian strip has the meaning given in the Code;\nmetered stall means a parking stall in a metered zone;\nmetered zone means a road or reserve in respect of which a parking meter regulates the parking of\nvehicles;\nmotorcycle has the meaning given in the Code;\nmotor vehicle—\n(a) means a self-propelled vehicle that is not operated on rails; and\n(b) includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not include\na power assisted pedal cycle;\nno parking area has the meaning given in the Code;\nno parking sign means a sign with—\n(a) the words 'no parking' in red letters on a white background; or\n(b) the letter 'P' within a red annulus and a red diagonal line across it on a white background;\nno stopping area has the meaning given in the Code;\nno stopping sign means a sign with—\n(a) the words 'no stopping' or 'no standing' in red letters on a white background; or\n(b) the letter 'S' within a red annulus and a red diagonal line across it on a white background;\noccupier has the meaning given to it by the Act;\nowner means—\n(a) where used in relation to a vehicle licensed under the Road Traffic (Vehicles) Act 2012, means\nthe person in whose name the vehicle has been registered under that Act;\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled to\npossession of that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\npark has the meaning given in the Code;\nparking area has the meaning given to it by the Code;\nparking facilities includes—\n(a) land, thoroughfare, reserves, buildings, shelters, parking stations, metered zones, metered\nstalls, ticket machine zones, parking stalls and other facilities open to the public generally for\nthe parking of vehicles with or without charge; and\n(b) signs, notices and facilities used in connection with the parking of vehicles;\nparking meter means a machine or device that, as a result of a payment by any permitted means,\nindicates (without the issue of a ticket) the period during which it is lawful for a vehicle to remain\nparked in a facility to which the machine or device relates;\n\n31 March 2023 GOVERNMENT GAZETTE, WA 661\nparking permit or permit, means a parking permit issued under this local law;\nparking region means the area to which this local law applies, as described in clause 1.3;\nparking stall means a section or part of a road, reserve or parking station that is marked or defined by\npainted lines, metallic studs, coloured bricks or pavers or similar devices in a way that indicates where\na vehicle may be parked;\nparking station means any land, building or other structure provided for the purpose of accommodating\nvehicles with or without charge, but does not include a metered zone or metered stall;\nparking ticket means a ticket, whether printed or electronic, that is—\n(a) issued from a ticket issuing machine or a ticket issuing device;\n(b) authorises the parking of a vehicle in a parking stall or a parking station or part of the parking\nstation; and\n(c) includes the date and time that the authorisation expires, whether or not the payment of a fee\nis required;\npay station means a machine or device that, after receipt of the payment of the parking fee in respect of\na vehicle, either—\n(a) issues a ticket to activate an exit barrier of the parking station; or\n(b) otherwise enables the exit barrier of the parking station to be activated, so as to enable egress\nof the vehicle from the parking station;\npath has the meaning given in the Code;\npedestrian crossing has the meaning given in the Code;\npeople with disabilities parking sign has the meaning given in the Code;\npermissive parking sign means a sign inscribed with—\n(a) the word 'parking', but excludes a sign inscribed with the words 'no parking'; or\n(b) the letter 'P' with any arrow, figure, letter or words in green;\npermitted means permitted under this local law or by the local government, the CEO or an authorised\nperson;\npublic bus has the meaning given to it in the Code;\npublic place means any place to which the public has access whether or not that place is on private\nproperty;\nreserve means any land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an 'otherwise unvested facility' within section 3.53 of the Act;\nresidential parking permit means a permit of that description issued by the local government under\nPart 8;\nright of way means a portion of land that is—\n(a) shown and marked 'Right of Way' or 'R.O.W', or coloured or marked in any other way to signify\nthat the portion of land is a right of way, on any plan or diagram deposited with the Registrar\nof Titles that is subject to section 167A of the Transfer of Land Act 1893;\n(b) shown on a diagram or plan of survey relating to a subdivision that is created as a right of way\nand vested in the Crown under section 152 of the Planning and Development Act 2005; or\n(c) shown and marked as a right of way on a map or plan deposited with the Registrar of Titles and\ntransferred to the Crown under the Transfer of Land Act 1893;\nbut does not include—\n(d) a private driveway; or\n(e) a right of way created by easement between two parties;\nroad means a thoroughfare that is open to, or used by, the public;\nSchedule means a Schedule to this local law;\nshared zone has the meaning given in the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device on which may be shown\nwords, numbers, expressions or symbols, that is—\n(a) approved by the local government or by the CEO; and\n(b) placed on or near a thoroughfare or within a parking station or reserve for the purpose of\nprohibiting, regulating, guiding, directing or restricting the parking of vehicles;\nspecial purpose vehicle has the meaning given in the Code;\nstop has the meaning given in the Code;\n\n662 GOVERNMENT GAZETTE, WA 31 March 2023\nsymbol includes any symbol specified by Australian Standard 1742.11-2016 and any symbol specified\nfrom time to time by Standards Australia for use in the regulation of parking, and any reference to\nthe wording of any sign in this local law includes a reference to the corresponding symbol;\ntaxi has the meaning given in the Code;\ntaxi zone has the meaning given in the Code;\nthoroughfare has the meaning given in the Act;\nticket issuing device means a mobile device that, as a result of a payment, issues a parking ticket;\nticket issuing machine means a machine that, as a result of a payment, issues a parking ticket;\nticket issuing machine zone means a parking station, or any other road or reserve, in respect of which\na ticket issuing machine is installed to regulate parking in parking stalls;\ntraffic island has the meaning given in the Code;\ntrailer has the meaning given in the Code;\ntruck means a vehicle that has a load capacity exceeding 1,000 kilograms;\nunattended, in relation to a vehicle, means that the driver has left the vehicle and is more than 3 metres\nfrom the closest point of the vehicle;\nunexpired parking ticket means a ticket, whether paper or electronic, on which a date and expiry time\nis printed or displayed, and that time has not expired;\nvehicle has the meaning given in the Road Traffic (Administration) Act 2008;\nverge means the portion of a thoroughfare which lies between the boundary of a carriageway and the\nadjacent property line but does not include a footpath.\n1.6 Application of particular terms\nIn applying the definitions of no parking area, no stopping area and parking area, an arrow inscribed\non a traffic sign erected at an angle to the boundary of the carriageway is taken to be pointing in the direction\nin which it would point if the sign was turned at an angle of less than 90 degrees until parallel with the\nboundary.\n(1) A reference to a word or expression on a sign includes a reference to a symbol depicting that word or\nexpression.\n(2) Where a term is used but not defined in this local law, and that term is defined in the Road Traffic\n(Administration) Act 2008 or in the Code, then unless the context otherwise requires, the term is to have the\nmeaning given to it in that act or the Code.\n(3) A reference to a thoroughfare, road, reserve, parking station, parking facility or parking zone includes a\nreference to any part of the thoroughfare, road, reserve, parking station, parking facility or parking zone.\n1.7 Application and pre-existing signs\n(1) Subject to sub clause (2), this local law applies to the parking region.\n(2) This local law does not apply to a parking facility or a parking station that is not occupied by the local\ngovernment, unless the local government and the owner or occupier of that facility or station have agreed in\nwriting that this local law will apply to that facility or station.\n(3) The agreement referred to in subclause (2) may be made on such terms and conditions as the parties may\nagree.\n(4) Where a parking facility or a parking station is identified in Part 3, then the facility or station shall be\ndeemed to be a parking station to which this local law applies and it shall not be necessary to prove that it is\nthe subject of an agreement referred to in subclause (2).\n(5) A sign that—\n(a) was erected by the local government or the Commissioner of Main Roads prior to the coming into\noperation of this local law; and\n(b) relates to the parking of vehicles within the parking region, shall be deemed for the purposes of this\nlocal law to have been erected by the local government under the authority of this local law.\n(6) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to its tenor,\nand where the inscription or symbol relates to the stopping of vehicles, it shall be deemed for the purposes of\nthis local law to operate and have effect as if it related to the parking of vehicles.\n(7) The provisions of Parts (2), (3), (4) and (5) do not apply to a bicycle parked at a bicycle rail or bicycle rack.\n1.8 Classes of vehicles\nFor the purpose of this local law classes of vehicles are—\n(a) buses;\n(b) commercial vehicles;\n(c) motorcycles;\n(d) bicycles;\n(e) taxis;\n(f) tour coaches;\n\n31 March 2023 GOVERNMENT GAZETTE, WA 663\n(g) electric vehicles; and\n(h) all other vehicles.\n1.9 Part of thoroughfare to which sign applies\nWhere under this local law the use, driving, stopping, parking or leaving of vehicles in a thoroughfare is\ncontrolled by a sign, the sign is to be read as applying to that part of the thoroughfare which—\n(a) is beyond the sign;\n(b) is between that sign and the next sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n1.10 Powers of the local government\nThe local government may, by resolution, prohibit or regulate by signs or otherwise, the stopping or parking\nof any vehicle or any class of vehicles in any part of the parking region but must do so consistently with the\nprovisions of this local law.\nPART 2—METERED ZONES\n2.1 Determination of metered zones\n(1) The local government may by resolution constitute, determine and vary and also indicate by signs, metered\nspaces and metered zones.\n(2) In respect of metered spaces and metered zones the local government may by resolution determine, and\nmay indicate by signs—\n(a) permitted times and conditions of parking depending on and varying with the locality;\n(b) classes of vehicles which are permitted to park;\n(c) the amount payable for parking; and\n(d) the manner of parking.\n2.2 Parking fee to be paid\nSubject to clause 2.5, a person shall not park a vehicle in a metered space unless the appropriate fee as\nindicated by a sign on the parking meter referable to the space is inserted into the parking meter.\n2.3 Limitation on parking in metered space\nThe payment of a fee under clause 2.2 shall entitle a person to park the vehicle in a metered space for the\nperiod shown on the parking meter, but does not authorise the parking of the vehicle during any time when\nparking in that space may be prohibited in accordance with this local law.\n2.4 No parking when meter is expired\nSubject to clause 2.5, a person shall not leave or permit a vehicle to remain parked in a metered space during\nthe hours when a fee is payable to park the vehicle in the space when the parking meter referable to that space\nexhibits the sign 'Expired' or a negative time.\n2.5 Suspension of requirement to pay fee\nThe local government may, from time to time, by a resolution declare that the provisions of clauses 2.2 and\n2.4 shall not apply during the periods and days specified in the resolution.\n2.6 Vehicles to be within metered space\nSubject to subclause (2)—\n(1) A person shall not park a vehicle in a metered space in a thoroughfare otherwise than parallel to and\nas close to the kerb as practicable and wholly within the space, provided that where a metered space is set\nout otherwise than parallel to the kerb the vehicle need only park wholly within the space.\n(2) If a vehicle is too long or too wide to fit completely within a single metered space then the person\nparking the vehicle shall do so within the minimum number of metered spaces needed to park that vehicle.\n(3) A person shall not park a vehicle partly within and partly outside a metered zone.\n2.7 Permitted insertions in parking meters\n(1) A person shall not insert into a parking meter anything other than the designations of coin or banknote or\nsuch other permitted form of payment indicated by a sign on the parking meter.\n(2) The insertion of a coin or banknote into any parking meter or the making of payment in such other form\nas may be permitted shall be effected only in accordance with the instructions printed on that particular meter.\n2.8 Parking ticket to be clearly visible\nA driver of a vehicle left parked in a metered zone which is regulated by a ticket issuing machine shall, on\npurchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a\nposition that the ticket is clearly visible and the expiry time, or time for which the ticket remains valid, is able\nto be read by an authorised person examining the ticket from outside the vehicle.\n\n664 GOVERNMENT GAZETTE, WA 31 March 2023\n2.9 One vehicle per metered space\nA person must not park or attempt to park a vehicle in a metered stall in which another vehicle is parking or\nhas parked.\n2.10 No parking when hood on meter\nNotwithstanding any other provision of this local law and notwithstanding any other sign or notice, a person\nshall not park a vehicle in a metered space if the parking meter referable to such metered space has a hood\nmarked 'No Parking', 'Reserved Parking' or 'Temporary Bus Stand' or equivalent symbols depicting these\npurposes except with the permission of the local government or an authorised person.\nPART 3—PARKING STALLS AND PARKING STATIONS\n3.1 Determination of parking stalls and parking stations\n(1) The local government may by resolution constitute, determine and vary—\n(a) parking stalls;\n(b) parking stations;\n(c) permitted time and conditions of parking in parking stalls and parking stations which may vary\nwithin the locality;\n(d) permitted classes of vehicles which may park in parking stalls and parking stations;\n(e) permitted classes of persons who may park in specified parking stalls or parking stations; and\n(f) the manner of parking in parking stalls and parking stations.\n(2) Where the local government makes a determination under subsection (1) it shall erect signs to give effect\nto the determination.\n3.2 Vehicles to be within parking stall on thoroughfare\n(1) Subject to subclause (2), (3) and (4), a person shall not stop or park a vehicle within a parking stall unless\nthe vehicle is—\n(a) parallel with the left boundary of the thoroughfare and as close to the kerb as is practicable;\n(b) wholly within the parking stall; and\n(c) headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle\nis stopped or parked.\n(2) Subject to subclause (3), where a parking stall on a thoroughfare or carriageway is set out otherwise than\nparallel to the kerb, then a person must stop or park a vehicle wholly within that stall.\n(3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person parking\nthe vehicle shall do so within the minimum number of parking stalls needed to park that vehicle.\n(4) A person shall not park a vehicle partly within and partly outside of a parking stall or area.\n3.3 Payment of fee to park in parking station\n(1) A person shall not park a vehicle or permit a vehicle to remain parked in any parking station during any\nperiod for which a fee is payable unless—\n(a) in the case of a parking station having an authorised person on duty, the appropriate fee is paid when\nrequired; or\n(b) in the case of a parking station equipped with parking meters, the appropriate fee is inserted in the\nmeter or the required payment is made in such other form as may be permitted.\n3.4 Suspension of parking station restrictions\nThe local government may by resolution declare that the provisions of clause 3.3 do not apply during periods\non particular days in relation to particular parking stations as specified in such resolution.\n3.5 Vehicle not to be removed until fee paid\nA person shall not remove a vehicle which has been parked in a parking station until there has been paid the\nappropriate fee for the period for which the vehicle has been parked.\n3.6 Display of parking tickets\nA person who stops or parks a vehicle in a parking station with a ticket issuing machine must, after paying\nthe appropriate fee for the purchase of a parking ticket—\n(a) in the case of a printed parking ticket, ensure that—\n(i) an unexpired parking ticket issued by the ticket issuing machine in that parking station is\ndisplayed inside the vehicle; and\n(ii) the ticket is clearly visible to, and able to be read by, an authorised person from outside the\nvehicle at all times while the vehicle is stopped or parked in that parking station; and\n(b) in the case of an electronic parking ticket, ensure that, using the parking app, an electronic parking\nticket has been issued for that vehicle in that parking station.\n\n31 March 2023 GOVERNMENT GAZETTE, WA 665\n3.7 Parking prohibitions and restrictions\n(1) A person shall not—\n(a) park a vehicle so as to obstruct an entrance to, or an exit from, a parking station or an access way\nwithin a parking station;\n(b) except with the permission of the local government or an authorised person, park a vehicle on any\npart of a parking station contrary to a sign referable to that part;\n(c) permit a vehicle to park on any part of a parking station, if an authorised person directs the driver of\nsuch vehicle to move the vehicle; or\n(d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked, however this\ndoes not prevent the parking of a motorcycle and a bicycle together in a stall marked 'M/C', if the\nbicycle is parked in accordance with subclause (2).\n(2) No person shall park any bicycle—\n(a) in a parking stall other than in a stall marked 'M/C'; and\n(b) in such stall other than against the kerb.\n(3) Notwithstanding the provisions of subclause (1)(b) a person may park a vehicle in a permissive parking\nstall or station (except in a parking area for persons with a disability) for twice the length of time allowed,\nprovided that—\n(a) the person's vehicle displays an ACROD permit; and\n(b) a person with a disabilities to which that ACROD permit relates is either the driver of, or a passenger,\nin the vehicle.\nPART 4—PARKING GENERALLY\n4.1 Restrictions on parking in particular areas\n(1) Subject to subclause (2), a person shall not park a vehicle in a thoroughfare or part of a thoroughfare, or\npart of a parking station—\n(a) if by a sign it is set apart for the parking of vehicles of a different class;\n(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or\n(c) during any period when the parking of vehicles is prohibited by a sign.\n(2) This sub-clause applies to a person if—\n(a) the person's vehicle displays an ACROD permit;\n(b) a disabled person to which the ACROD permit relates is either the driver of the vehicle or a passenger\nin the vehicle; and\n(c) the person may park a vehicle in a thoroughfare, or a part of a thoroughfare or part of a parking\nstation, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a\ndisabled parking sign relates, for twice the period indicated on the sign.\n(3) A person shall not park a vehicle—\n(a) in a no parking area;\n(b) in a parking area, except in accordance with the sign associated with the parking area and with this\nlocal law; and\n(c) in a stall marked 'M/C' unless it is a motorcycle without a sidecar or a trailer, or it is a bicycle.\n(4) A person shall not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall unless the\nstall is marked 'M/C'.\n(5) A person shall not, without the prior permission of the local government, the CEO, or an authorised person,\npark a vehicle in an area designated by a sign stating 'Authorised Vehicles Only'.\n4.2 Parking a vehicle on a carriageway\n(1) A person parking a vehicle on a carriageway shall park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with, the left\nboundary of the carriageway and headed in the direction of the movement of traffic on the side of the\nthoroughfare on which the vehicle is parked;\n(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either\nboundary of the carriageway and headed in the direction of the movement of traffic on the side of the\nthoroughfare on which the vehicle is parked;\n(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the opposite\nboundary of the carriageway, or any dividing line or median strip, or between the vehicle and a vehicle\nparked on the opposite side of the carriageway;\n(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any other vehicle,\nexcept a motorcycle without a trailer, or a bicycle parked in accordance with this local law; and\n(e) so that it does not obstruct any vehicle on the carriageway, unless otherwise indicated on a parking\nregulation sign or markings on the roadway.\n\n666 GOVERNMENT GAZETTE, WA 31 March 2023\n(2) In this clause, 'continuous dividing line' means—\n(a) a single continuous dividing line only;\n(b) a single continuous dividing line to the left or right of a broken dividing line; or\n(c) two (2) parallel continuous dividing lines.\n4.3 When parallel and right-angled parking apply\nWhere a traffic sign associated with a parking area is not inscribed with the words 'angle parking' (or with an\nequivalent symbol depicting this purpose), then unless a sign associated with the parking area indicates, or\nmarks on the carriageway indicate, that vehicles have to park in a different position, where the parking area\nis—\n(a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area shall park\nit as near as practicable to and parallel with that boundary; and\n(b) at or near the centre of the carriageway, a person parking a vehicle in that parking area shall park it\nat approximate right angles to the centre of the carriageway.\n4.4 When angle parking applies\n(1) This clause does not apply to—\n(a) a passenger vehicle or a commercial vehicle with a mass including any load, of over 3 tonnes; or\n(b) a person parking either a motor cycle without a trailer or a bicycle.\n(2) Where a sign associated with a parking area is inscribed with the words 'angle parking' (or with an\nequivalent symbol depicting this purpose), a person parking a vehicle in the area shall park the vehicle at an\nangle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the\ninscription on the parking sign or by marks on the carriageway.\n4.5 General prohibitions on parking\n(1) This clause does not apply to—\n(a) vehicle parked in a parking stall nor to a bicycle in a bicycle rack;\n(b) subclauses (2)(c), (e) and (g) do not apply to a bus which parks in a bus embayment.\n(2) Subject to any law relating to intersections with traffic control signals, a person shall not park a vehicle so\nthat any portion of the vehicle is—\n(a) between any other stationary vehicles and the centre of the carriageway;\n(b) on or adjacent to a median strip;\n(c) obstructing a right of way, private drive, or carriageway, or so close as to deny a vehicle reasonable\naccess to or egress from the right of way, private drive or carriageway;\n(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway,\nif the vehicle would obstruct traffic;\n(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(f) on any footpath or pedestrian crossing;\n(g) between the boundaries of a carriageway and any double longitudinal line consisting of two continuous\nlines or between a double longitudinal line consisting of a continuous line and a broken or dotted line\nand the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least\n3 metres clear between the vehicle and the double longitudinal line;\n(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting\ncarriageway;\n(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire\nhydrant or fire plug;\n(j) within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes of\ncollecting postal articles from the pillar box;\n(k) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare on the\nside on which the vehicle is parked; or\n(l) within the head of a cul-de-sac, unless a sign or markings on the carriageway indicate otherwise.\n(3) A person shall not park a vehicle so that any portion of the vehicle is within 10 metres of the departure\nside of—\n(a) a sign inscribed with the words 'Bus Stop' or 'Hail Bus Here' (or with equivalent symbols depicting\nthese purposes) unless the vehicle is a bus stopped to take up or set down passengers; or\n(b) a children's crossing or pedestrian crossing.\n(4) A person shall not park a vehicle so that any portion of the vehicle is within 20 metres of the approach side\nof—\n(a) a sign inscribed with the words 'Bus Stop' or 'Hail Bus Here' (or with equivalent symbols depicting\nthese purposes) unless the vehicle is a bus stopped to take up or set down passengers;\n(b) a children's crossing or pedestrian crossing.\n(5) A person shall not park a vehicle so that any portion of the vehicle is within 20 metres of either the approach\nside or the departure side of the nearest rail of a railway level crossing.\n\n31 March 2023 GOVERNMENT GAZETTE, WA 667\n4.6 Authorised person may order vehicle on thoroughfare to be moved\nThe driver of a vehicle shall not park that vehicle on any part of a thoroughfare in contravention of this local\nlaw after an authorised person has directed the driver to move it.\n4.7 No movement of vehicles to avoid time limitation\n(1) Where the parking of a vehicle in a parking facility is permitted for a limited time, a person shall not move\na vehicle within the parking facility so that the total time of parking exceeds the maximum time allowed for\nparking in the parking facility.\n(2) Where the parking of a vehicle in a thoroughfare is permitted for a limited time, a person shall not move a\nvehicle along that thoroughfare so that the total time of parking exceeds the maximum time permitted, unless\nthe vehicle has first been removed from the thoroughfare for at least two hours.\n4.8 No parking of a vehicle exposed for sale and/or in other circumstances\nA person shall not park a vehicle on any portion of a thoroughfare—\n(a) for the purpose of exposing it for sale;\n(b) if that vehicle is not licensed under the Road Traffic Act 1974;\n(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the\nvehicle to be moved to a place other than a thoroughfare.\n4.9 Parking on private land\n(1) In this clause a reference to 'land' does not include land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration Act 1997;\n(c) which is an 'otherwise unvested facility' within section 3.53 of the Land Administration Act 1997;\n(d) which is the subject of an agreement referred to in clause 1.5(2); or\n(e) which is identified in Part 3.\n(2) A person shall not park a vehicle on land without the consent of the owner or occupier of the land on which\nthe vehicle is parked.\n(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to the\nparking of vehicles of a specified class or classes on the land for a limited period, a person shall not park a\nvehicle on the land otherwise than in accordance with the consent.\n4.10 Parking on reserves\nNo person other than an employee of the local government in the course of his or her duties, or a person\nauthorised by the local government, shall drive or park a vehicle upon or over any portion of a reserve other\nthan upon an area specifically set aside for that purpose.\n4.11 Suspension of parking limitations for urgent, essential or official duties\n(1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a thoroughfare or\nparking facility, the local government, the CEO or an authorised person may, subject to the Code, permit a\nperson to park a vehicle in that portion of the thoroughfare or parking facility for longer than the permitted\ntime in order that the person may carry out urgent, essential or official duties.\n(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised person\nmay prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to which the\npermission relates, for the duration of that permission.\nPART 5—PARKING AND STOPPING GENERALLY\n5.1 No stopping signs, no parking signs and continuous yellow edge line\n(1) A person shall not stop on a length of carriageway or in an area to which a 'no stopping' sign applies.\n(2) A person shall not stop a vehicle on a length of carriageway or in an area to which a 'no parking' sign\napplies, unless the vehicle is—\n(a) dropping off, or picking up, passengers or goods;\n(b) not left unattended; and\n(c) completes the dropping off or picking up of passengers or goods within two minutes of stopping, then\ndrives on.\n(3) A person shall not stop a vehicle at the side of a carriageway marked with a continuous yellow edge line.\nPART 6—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n6.1 Stopping a vehicle in a loading zone\nA person shall not stop a vehicle in a loading zone unless it is—\n(a) a commercial vehicle, or an authorised vehicle and a person is continuously engaged in loading or\nunloading goods to or from that vehicle; or\n\n668 GOVERNMENT GAZETTE, WA 31 March 2023\n(b) in accordance with the sign associated with the loading zone, and in any event shall not remain in\nthat loading zone for—\n(c) longer than a time indicated on the 'loading zone' sign; or\n(d) longer than 30 minutes (if no time is indicated on the sign).\n6.2 Stopping a vehicle in a taxi zone or a bus zone\n(1) A person shall not stop a vehicle in a taxi zone unless the vehicle is identified as a taxi.\n(2) A person shall not stop in a bus zone unless the vehicle is a public bus, or a bus of a type that is permitted\nto stop in accordance with the sign applying to the bus zone.\n6.3 Stopping a vehicle in a mail zone\nA person shall not stop a vehicle in a mail zone unless the vehicle is identified as a postal vehicle.\n6.4 Other limitations for vehicles in zones\nA person shall not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be\ncontrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed, as indicated\nby additional wording on a traffic sign that applies to the zone.\nPART 7—OTHER AREAS WHERE STOPPING IS RESTRICTED\n7.1 Stopping a vehicle in a shared zone\nA person shall not stop a vehicle in a shared zone unless—\n(a) the vehicle stops at a place on a length of carriageway, or in an area, to which a parking control sign\napplies and the vehicle is permitted to stop at that place under this local law;\n(b) the vehicle stops in a parking bay and the vehicle is permitted to stop in the parking bay under this\nlocal law;\n(c) the vehicle is dropping off, or picking up, passengers or goods; or\n(d) the vehicle is engaged in door-to-door delivery or collection of goods, or in the collection of waste or\ngarbage.\n7.2 Double parking of vehicles\n(1) A person shall not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle\nand the centre of the carriageway.\n(2) This clause does not apply to—\n(a) a vehicle stopped in traffic; or\n(b) a driver angle parking on the side of the carriageway, or in a median strip parking area, in accordance\nwith this local law.\n7.3 Stopping a vehicle near an obstruction\nA person shall not stop a vehicle on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic.\n7.4 Stopping a vehicle on a bridge, in a tunnel, or similar structure\n(1) A person shall not stop a vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide as the structure as it is on each of the approaches and a traffic sign\ndoes not prohibit stopping or parking of a vehicle; or\n(b) the person stops a vehicle on a length of carriageway or in an area to which a parking control sign\napplies, and the driver is permitted to stop at that place under this local law.\n(2) A person shall not stop a vehicle in a tunnel or underpass unless—\n(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches and\na traffic sign does not prohibit stopping or parking; or\n(b) the vehicle stops at a bus stop, or in a bus zone or parking area marked on the carriageway, for the\npurpose of setting down or taking up passengers.\n7.5 Stopping a vehicle on crests, curves, etc.\n(1) Subject to subclause (2), a person shall not stop a vehicle on, or partly on, a carriageway in any position\nwhere it is not visible to the driver of an overtaking vehicle from a distance of 50 metres within a built-up\narea, and from a distance of 150 metres outside a built-up area.\n(2) A person may stop a vehicle on a crest or curve on a carriageway that is not in a built-up area if the vehicle\nstops at a place on the carriageway, or in an area, to which a parking control sign applies and the vehicle is\npermitted to stop at that place under this local law.\n7.6 Stopping a vehicle near a fire hydrant etc.\n(1) A person shall not stop a vehicle so that any portion of the vehicle is within one metre of a fire hydrant or\nfire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless—\n(a) the vehicle is a public bus and stops in a bus zone or at a bus stop and the driver does not leave the\nvehicle unattended; or\n\n31 March 2023 GOVERNMENT GAZETTE, WA 669\n(b) the vehicle is a taxi and stops in a taxi zone and the driver does not leave the vehicle unattended.\n(2) In this clause a driver leaves the vehicle 'unattended' if the driver is over three metres from the closest\npoint of the vehicle.\n7.7 Stopping a vehicle at or near a bus stop\n(1) A person shall not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach side\nof a bus stop, or within 10 metres of the departure side of a bus stop, unless—\n(a) the vehicle is a public bus stopped to take up or set down passengers; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign\napplies and the driver is permitted to stop at that place under this local law.\n(2) In this clause—\n(a) distances are measured in the direction in which the driver is driving; and\n(b) a trailer attached to a public bus is deemed to be a part of the public bus.\n7.8 Stopping a vehicle on a path, median strip, or traffic island\nThe driver of a vehicle (other than a bicycle or an animal) shall not stop so that any portion of the vehicle is\non a path, median strip, or traffic island unless the driver stops in an area to which a parking control sign\napplies and the driver is permitted to stop at that place under this local law.\n7.9 Stopping a vehicle on a verge\n(1) A person shall not—\n(a) stop a vehicle (other than a bicycle);\n(b) stop a commercial vehicle, or bus, trailer or caravan unattached to a vehicle; or\n(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign\nadjacent and referable to that verge, so that any portion of the vehicle is on a verge.\n(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises adjacent\nto that verge, or is a person authorised by the occupier of those premises to stop the vehicle so that any portion\nof it is on the verge.\n(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable\nexpedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the\nportion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the\npassage of any vehicle or person using a carriageway or a path.\n7.10 Obstructing access to and from a path, driveway, etc.\n(1) A person shall not stop a vehicle so that any portion of the vehicle is in front of a path, in a position that\nobstructs access by vehicles or pedestrians to or from that path, unless—\n(a) the person driving a vehicle is dropping off, or picking up, passengers; or\n(b) the person driving a vehicle stops in a parking stall and the vehicle is permitted to stop in the parking\nstall under this local law.\n(2) A person shall not stop a vehicle on or across a driveway or other way of access for vehicles travelling to or\nfrom adjacent land, unless—\n(a) the person driving the vehicle is dropping off, or picking up, passengers; or\n(b) the person driving the vehicle stops in a parking stall and the vehicle is permitted to stop in the\nparking stall under this local law.\n7.11 Stopping a vehicle near a letter box\nA person shall not stop a vehicle so that any portion of the vehicle is within three metres of a public letter box,\nunless the driver—\n(a) is dropping off, or picking up, passengers or mail; or\n(b) stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and\nthe vehicle is permitted to stop at that place under this local law.\n7.12 Stopping heavy and long vehicles on a carriageway\n(1) A person shall not stop a vehicle or any combination of vehicles that, together with any projection on, or\nload carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length, or exceeds a GVM of\n4.5 tonnes—\n(a) on a carriageway in a built-up area for any period exceeding one hour, unless engaged in the picking\nup or setting down of goods; or\n(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a truck bay\nor other area set aside for the stopping or parking of goods vehicles.\n(2) Nothing in this clause mitigates the limitations or condition imposed by any other clause or by any local\nlaw or traffic sign relating to the parking or stopping of vehicles.\n7.13 Stopping a vehicle on a carriageway with a bicycle parking sign\nA person shall not stop a vehicle (other than a bicycle) on a length of carriageway to which a 'bicycle parking'\nsign applies, unless the person is dropping off, or picking up, passengers.\n\n670 GOVERNMENT GAZETTE, WA 31 March 2023\n7.14 Stopping a vehicle on a carriageway with motor cycle parking sign\nA person shall not stop a vehicle on a length of carriageway, or in an area, to which a 'motor cycle parking'\nsign applies, or an area marked 'M/C' unless—\n(a) the vehicle is a motor cycle; or\n(b) the driver is dropping off, or picking up, passengers.\n7.15 Stopping in a parking stall for people with disabilities\n(1) A person shall not stop a vehicle in a parking area for people with disabilities unless—\n(a) the vehicle displays a current ACROD permit; and\n(b) the ACROD permit is valid for either the driver or the passenger in that vehicle.\n(2) In this clause a 'parking area for people with disabilities' is a length or area—\n(a) to which a 'permissive parking' sign displaying a people with disabilities symbol applies;\n(b) to which a 'people with disabilities parking' sign applies;\n(c) indicated by a 'people with disabilities road marking' that consists of, or includes, a people with\ndisabilities symbol; or\n(d) set aside within a parking region as a 'parking stall for use of a disabled person' under the Local\nGovernment (Parking for Disabled Persons) Regulations 1988.\nPART 8—PARKING PERMITS\n8.1 Parking Permit Policy\n(1) The Council, by resolution, shall adopt policies in respect of—\n(a) residential and visitor parking permits for owners and occupiers of land within the district; and\n(b) other cases of parking permits, if any, determined under clause 8.2.\n(2) The Council, by resolution, may amend the policies adopted under subclause (1).\n(3) The local government must give local public notice of the adoption or amendment of the policies under\nsubclause (1) and make a copy of the policies available on the local government's website.\n8.2 Parking Permits\n(1) Subject to the relevant policy adopted under clause 8.1, a person may only apply for a parking permit to\npark a vehicle on a thoroughfare, in a parking zone, or other form of parking facility.\n(2) An application for a permit shall—\n(a) provide the information required by the form; and\n(b) be accompanied by the payment of any fee determined by the local government.\n(3) The CEO or an authorised person may in respect of an application for a permit for the purpose of subclause\n(1)—\n(a) approve it;\n(b) approve it subject to such conditions the CEO or an authorised person considers appropriate; or\n(c) refuse to approve it and provide reasons to the applicant for the refusal.\n(4) Where the CEO or an authorised person makes a decision under subclause (3)(a) or (3)(b), it shall issue a\npermit in the form determined by it to the person who applied for the permit.\n8.3 Validity of a Permit\nA parking permit ceases to be valid on—\n(a) the expiry of any time or period specified on the permit;\n(b) the holder of the permit ceasing to be an eligible person;\n(c) the cancellation of the permit under section 8.4; and\n(d) the replacement of the permit by a new permit under section 8.5.\n8.4 Cancellation of a Permit\n(1) A parking permit may be cancelled by the CEO or an authorised person if the permit holder has not\ncomplied with—\n(a) a condition of the permit; or\n(b) a provision of any written law which may relate to the activity regulated by the permit.\n(2) The CEO or authorised person shall give written notice by serving a notice on the eligible person to whom\nthe permit was issued.\n(3) After fourteen days of serving the notice referred to in subclause (2), the CEO or authorised person may\ncancel the permit.\n(4) If a permit is cancelled, the permit holder—\n(a) must in the case of a written permit, return the permit to the local government as soon as practicable;\nand\n\n31 March 2023 GOVERNMENT GAZETTE, WA 671\n(b) is taken to have fortified any fees paid in respect of the permit.\n8.5 Replacement of a Permit\nThe CEO or an authorised person may issue a replacement permit where an application is made and is\naccompanied by supporting documentation and the appropriate fee, if any, determined and imposed by the\nlocal government under the Act.\n8.6 Exemption for Permit Holders\n(1) The holder of a valid parking permit is exempt from a prohibition against the stopping or parking of vehicles\non any part of a road for more than a specified period.\n(2) The exemption under sub clause (1) applies only—\n(a) to the part of the road specified in the permit;\n(b) where the permit specifies a particular vehicle to the vehicle specified in the permit;\n(c) in accordance with the terms and conditions of the permit; and\n(d) if the permit, if printed, is displayed in the vehicle and is clearly visible to, and able to be read by, an\nauthorised person from outside the vehicle at all times while that vehicle remains stopped or parked\nin the area to which the permit relates.\n8.7 Objection and Appeal Rights\nA person adversely affected by a decision relating to a permit made under this Part, including a decision to\nrefuse to approve an application for a permit or to cancel a permit, may be entitled to object or appeal against\nthe decision under Part 9, Division 1 of the Act.\n8.8 Terms used\nFor the purposes of this part of the local law—\neligible person means a person who is eligible to be issued with and use a parking permit under the\npolicies adopted by Council under clause 8.1(1).\n8.9 Temporary Parking Permits\nThe CEO or an authorised person may, whether upon payment of a fee or not, issue a written temporary\nparking permit which allows a specific vehicle to park.\nPART 9—MISCELLANEOUS\n9.1 Powers of an authorised person\n(1) An authorised person may, for a purpose connected with their functions—\n(a) mark the tyres of a vehicle parked in a parking facility with chalk or other non-indelible substance;\n(b) take a valve stem reading of a vehicle;\n(c) record a vehicle registration number;\n(d) photograph a vehicle or anything in or on it; or\n(e) affix to a vehicle any notice.\n(2) A person shall not remove a mark made by an authorised person so that the purpose of affixing the mark\nis defeated or likely to be defeated.\n(3) No offence under this local law is committed by an authorised person while carrying out their functions.\n9.2 Impersonating an authorised person\nA person who is not an authorised person shall not impersonate or purport to exercise the functions of an\nauthorised person.\n9.3 Use of fee paying machines\n(1) A person shall not insert into a fee paying machine anything other than the designations of coin or bank\nnote or other form of permitted payment indicated by a sign on the fee paying machine.\n(2) A person shall not operate a fee paying machine except in accordance with the operating instructions on\nthe fee paying machine.\n9.4 Removal of notices on vehicle\nA person, other than the driver of the vehicle or a person acting under the direction of the driver of the vehicle,\nshall not remove from the vehicle any notice put on the vehicle by an authorised person.\n9.5 Unauthorised signs and defacing of signs\nA person shall not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited by the\nlocal government under this local law;\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government under this\nlocal law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set up or\nexhibited by the local government under this local law.\n\n672 GOVERNMENT GAZETTE, WA 31 March 2023\n9.6 Interfere with or damage Council property\n(1) A person shall not interfere with, damage or obstruct the operation of any electronic parking detection\ndevice or instrument in any parking station, carriageway or in any other place.\n(2) A person shall not interfere with damage or obstruct the operation of any display panels or transmitting\nequipment in relation to parking detection devices or instruments operated by the local government.\n9.7 Signs must be complied with\nAn inscription or symbol on a sign operates and has effect according to its tenor and a person contravening\nthe direction on a sign commits an offence under this local law.\n9.8 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence of\nevidence to the contrary presumed to be a sign marked, erected, set up, established or displayed under the\nauthority of this local law.\n(2) The first three letters of any day of the week when used on a sign indicate that day of the week.\n9.9 Special purpose and emergency vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(a) a special purpose vehicle may, only in the course of its duties and when it is expedient and safe to do\nso, stop, or park in any place, at any time; and\n(b) an emergency vehicle may, in the course of its duties, and when it is expedient and safe to do so, or\nwhere it is expedient and safe to do so, stop, or park the vehicle at any place, at any time.\n9.10 Vehicles not to obstruct a public place\n(1) A person shall not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of\nany part of that public place without the permission of the local government or unless authorised under any\nwritten law.\n(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours.\n9.11 Name, address and date of birth to be given on demand\n(1) An authorised person or a member of the police force who finds a person committing, or who on reasonable\ngrounds suspects a person of having committed a breach of the provisions of these local laws, may demand\nfrom that person their name, place of abode and date of birth.\n(2) If a person without lawful excuse refuses to state his or her name, place of abode and date of birth or who\nstates a false name, place of abode and date of birth, commits an offence.\n9.12 Causing or attempting to cause damage to council property\nA person shall not cause or attempt to cause damage to the property of the local government in any way.\n9.13 Hindrance of authorised person\nA person shall not in any way obstruct or hinder an authorised person in the execution of his or her duties.\nPART 10—PENALTIES\n10.1 Offences and penalties\n(1) Any person who fails to do anything required or directed to be done under this local law, or who does\nanything which is prohibited under this local law, commits an offence.\n(2) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1)\nof the Act.\n(3) Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty not\nless than $500 and not exceeding $5,000, and if the offence is of a continuing nature shall be liable to an\nadditional penalty not exceeding $500 for each day, or part of a day, during which the offence has continued.\n(4) The amounts listed in Schedule 1 indicate the modified penalties for each offence and its relevant clause.\n10.2 Averment on complaint as to clause 1.5(2) agreement\nAn averment on a complaint that this local law applies to a parking facility or a parking station under an\nagreement referred to in clause 1.5(2), shall be sufficient proof that this local law applies to that facility or\nstation, unless there is proof to the contrary that such an agreement does not exist.\n10.3 Form of notices\n(1) For the purposes of section 9.17(1) of the Act, an Infringement Notice issued under this local law shall be\nin the form of Form 1 in Schedule 2.\n(2) For the purposes of section 9.20(1) of the Act, a Withdrawal of Infringement notice issued under this local\nlaw shall be in the form of Form 2 in Schedule 2.\n————\n\n31 March 2023 GOVERNMENT GAZETTE, WA 673\nFirst Schedule\nPRESCRIBED OFFENCES\nTown of Cottesloe Parking and Parking Facilities Local Law 2023\nItem\nNo.\nClause No. Nature of Offence\nModified\nPenalty\n$\n1 2.2 Failure to pay fee for metered space 100\n2 2.3 Parking in excess of period shown on metered space 100\n3 2.4 Parking when meter has expired 100\n4 2.6(1) Failure to park wholly within metered space 100\n5 2.6(3) Parking outside metered zone 100\n6 2.7 Non-permitted insertion in parking meter 200\n7 2.8 Failure to display ticket clearly in metered zone 100\n8 2.9 Parking or attempting to park a vehicle in a metered space occupied\nby another vehicle\n100\n9 2.10 Parking contrary to a meter hood 100\n10 3.2 Failure to park wholly within parking stall 100\n11 3.2(1)(c) Parking contrary to direction of movement of traffic 100\n12 3.2(4) Failure to park wholly within parking area 100\n13 3.3 Failure to pay parking station fee 100\n14 3.5 Leaving without paying parking station fee 100\n15 3.6 Failure to display ticket clearly in parking station 100\n16 3.7(1)(a) Causing obstruction in parking station 200\n17 3.7(1)(b) Parking contrary to sign in parking station 100\n18 3.7(1)(c) Parking in a parking station contrary to the direction of an authorised\nperson\n100\n19 3.7(1)(d) Parking or attempting to park a vehicle in a parking stall occupied by\nanother vehicle\n100\n20 4.1(1)(a) Parking wrong class of vehicle 100\n21 4.1(1)(b) Parking by persons of a different class 100\n22 4.1(1)(c) Parking during prohibited period 150\n23 4.1(3)(a) Parking in no parking area 150\n24 4.1(3)(b) Failure to park in accordance with sign 100\n25 4.1(3)(c) Parking vehicle in motor cycle only area 100\n26 4.1(4) Parking motor cycle in stall not marked 'M/C' 100\n27 4.1(5) Parking without permission in an area designated for 'Authorised\nVehicles Only'\n150\n28 4.2(1)(a) Failure to park on the left of two-way carriageway 150\n29 4.2(1)(b) Failure to park on boundary of one-way carriageway 150\n30 4.2(1)(a) or\n4.2(1)(b)\nParking against the flow of traffic 150\n31 4.2(1)(c) Parking when distance from farther boundary less than 3 metres 150\n32 4.2(1)(d) Parking closer than 1 metre from another vehicle 100\n33 4.2(1)(e) Causing obstruction 200\n34 4.3(b) Failure to park at approximate right angle 100\n35 4.4(2) Failure to park at an appropriate angle 100\n36 4.5(2)(a) and\n7.2\nDouble parking 200\n37 4.5(2)(b) Parking on or adjacent to a median strip 150\n38 4.5(2)(c) Denying access to private drive or right of way 200\n39 4.5(2)(d) Parking beside excavation or obstruction so as to obstruct traffic 200\n40 4.5(2)(e) Parking within 10 metres of traffic island 200\n41 4.5(2)(f) Parking on footpath/pedestrian crossing 200\n42 4.5(2)(g) Parking contrary to continuous line markings 200\n43 4.5(2)(h) Parking on intersection 200\n\n674 GOVERNMENT GAZETTE, WA 31 March 2023\nItem\nNo.\nClause No. Nature of Offence\nModified\nPenalty\n$\n44 4.5(2)(i) Parking within 1 metre of fire hydrant or fire plug 200\n45 4.5(2)(j) Parking within 3 metres of public letter box 200\n46 4.5(2)(k) Parking within 10 metres of intersection 200\n47 4.2(2)(l) Parking within the head of a cul-de-sac 200\n48 4.5(3)(a) or\n(b)\nParking vehicle within 10 metres of departure side of bus stop,\nchildren's crossing or pedestrian crossing\n200\n49 4.5(4)(a) or\n(b)\nParking vehicle within 20 metres of approach side of bus stop,\nchildren's crossing or pedestrian crossing\n200\n50 4.5(5) Parking vehicle within 20 metres of approach side or departure side\nof railway level crossing\n200\n51 4.6 Parking contrary to direction of Authorised Person 100\n52 4.7 Moving vehicle to avoid time limitation 200\n53 4.8(1) Parking on thoroughfare for purpose of sale 100\n54 4.8(2) Parking unlicensed vehicle in thoroughfare 100\n55 4.8(3) Parking a trailer/caravan on a thoroughfare 100\n56 4.8(4) Parking on thoroughfare for purpose of repairs 100\n57 4.9(1) or (2) Parking on land that is not a parking facility without consent 100\n58 4.9(3) Parking on land not in accordance with consent 100\n59 4.10 Driving or parking on reserve 150\n60 5.1(1) Stopping contrary to a 'no stopping' sign 200\n61 5.1(2) Parking contrary to a 'no parking' sign 150\n62 5.1(3) Stopping within continuous yellow lines 200\n63 6.1 Stopping unlawfully in a loading zone 150\n64 6.2 Stopping unlawfully in a taxi zone or bus zone 150\n65 6.3 Stopping unlawfully in a mail zone 100\n66 6.4 Stopping in a zone contrary to a sign 100\n67 7.1 Stopping in a shared zone 100\n68 7.3 Stopping near an obstruction 200\n69 7.4 Stopping on a bridge or tunnel 200\n70 7.5 Stopping on crests/curves etc. 200\n71 7.6 Stopping near fire hydrant 200\n72 7.7 Stopping near bus stop 200\n73 7.8 Stopping on path, median strip or traffic island 200\n74 7.9 Stopping on verge 100\n75 7.10 Obstructing path, a driveway etc. 200\n76 7.11 Stopping near letter box 100\n77 7.12 Stopping heavy or long vehicles on carriageway 200\n78 7.13 Stopping in bicycle parking area 100\n79 7.14 Stopping in motorcycle parking area 100\n80 7.15 Stopping in disabled parking area 500\n81 8.6(d) Failure to display valid permit correctly in permit area 100\n82 9.1(2) Removing mark made by an Authorised Person 100\n83 9.2 Impersonating an authorised person 500\n84 9.4 Removal of notices on vehicle 500\n85 9.5 Unauthorised signs and defacing of signs 500\n86 9.6(1) Interfere with or damage electronic detection device 200\n87 9.6(2) Interfere with or damage any display panels or transmitting\nequipment\n100\n88 9.10 Leaving a vehicle to obstruct a public place 200\n89 9.11 Name, address and date of birth to be given on demand 100\n90 9.12 Causing or attempting to cause damage to Council property 500\n\n31 March 2023 GOVERNMENT GAZETTE, WA 675\n91 9.13 Hindrance of an authorised person 200\n92 All other offences not specified 100\n————\nSecond Schedule\nFORM 1—INFRINGEMENT NOTICE\nTown of Cottesloe Parking and Parking Facilities Local Law 2023\nTOWN OF COTTESLOE\nPARKING AND PARKING FACILITIES LOCAL LAW 2023\nFORM 1—INFRINGEMENT NOTICE\nPARKING INFRINGEMENT: [INSERT]\nTo: [owner of the vehicle] Address: [INSERT]\nIt is alleged that at:\nOn the:\nLocation:\nYour vehicle was involved in the commission of an offence contrary to clause [INSERT] of the Town of Cottesloe\nParking and Parking Facilities Local Law 2023.\nMake:\nModel:\nRegistration:\nNature of Offence:\nClause No.\nOfficer:\nSignature:\nModified Penalty:\nDate payment due:\nIf you do not wish to have a complaint of the alleged offence heard and determined by a Court, you may pay\nthe modified penalty specified in this infringement notice within 28 days after the giving of this notice.\nIf you do not pay the modified penalty within 28 days after the giving of this notice, you will, in the absence of\nproof to the contrary, be deemed to have committed the offence unless, within 28 days of the giving of this\nnotice—\n(a) you inform the chief executive officer, or another authorised officer, of the local government as to the\nidentity and address of the person who was the driver or person in charge of the vehicle at the time\nthe offence is alleged to have been committed; or\n(b) you satisfy the chief executive officer that the vehicle had been stolen, or was being unlawfully used,\nat the time the offence is alleged to have been committed.\nPAYMENT may be made to the Town of Cottesloe either by online at www.cottesloe.wa.gov.au or posting or\ndelivering (business hours 8.30am to 4.30pm Monday to Friday) this infringement notice and the penalty\namount to—\nTown of Cottesloe, 109 Broome Street, COTTESLOE WA 6011\nENQUIRIES: Telephone 9285 5000 / Email town@cottesloe.wa.gov.au\n————\n\n\n\n31 March 2023 GOVERNMENT GAZETTE, WA 677\nSecond Schedule\nFORM 2—WITHDRAWAL OF INFRINGEMENT NOTICE\nTown of Cottesloe Parking and Parking Facilities Local Law 2023\nTOWN OF COTTESLOE\nPARKING AND PARKING FACILITIES LOCAL LAW 2023\nWITHDRAWAL OF INFRINGEMENT NOTICE\nSerial No:\nDate\nTo: [INSERT]\nADDRESS: [INSERT]\nINFRINGEMENT No: [insert] dated [INSERT]\nin respect of vehicle—\nmake: [INSERT]\nmodel: [INSERT]\nregistration: [INSERT]\nfor the alleged offence of: [INSERT]\nhas been withdrawn.\nThe modified penalty of $[INSERT]\n*has been paid and a refund is enclosed.\n*has not been paid and should not be paid.\n(*delete as appropriate).\nSignature of authorised person [INSERT]\nName and title of authorised person giving notice [INSERT]\n————\nSecond Schedule\nDEEMED PARKING STATIONS\nTown of Cottesloe Parking and Parking Facilities Local Law 2023\nNumber 7 Car Park, at Lot 50, No.7 Station Street, Cottesloe\nNumber 11 Car Park, at Lot 35, No.11 Station Street, Cottesloe\n————\nDated 28 February 2023.\nThe Common Seal of the Town of Cottesloe was affixed by authority of resolution of the Council in the\npresence of—\nCr LORRAINE YOUNG, Mayor.\nMr MATTHEW SCOTT, Chief Executive Officer.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating parking within the Town of Cottesloe. While it repeals and replaces the 2009 version, it does not appear to have expanded significantly beyond parking management into unrelated areas. The structure covers the standard elements of local parking laws: metered parking, car parks, street parking rules, special vehicle zones, and permits."},"complexity_factors":["Length: Approximately 10 parts with 50+ clauses, plus two schedules (offence list and forms)","Defined terms: 50+ defined terms in clause 1.5, many referencing external legislation (Road Traffic Code 2000, Local Government Act 1995, etc.)","Cross-references: Heavy reliance on external definitions from the Road Traffic Code 2000 and Road Traffic (Administration) Act 2008 for basic terms like 'bicycle', 'bus', 'park', 'stop'","Conditional logic: Multiple nested exceptions (e.g., clause 4.5 prohibitions with subclauses listing exceptions for buses, clause 7.9 verge parking with exceptions for owners/occupiers and commercial vehicles loading)","Dual regimes: Separate but parallel rules for metered zones (Part 2), parking stations (Part 3), and general street parking (Parts 4-7)","Specific measurements: Numerous precise distance requirements (1m from fire hydrant, 3m from letter box, 10m from bus stops, 20m from crossings, etc.)","Permit system: Part 8 creates a discretionary permit scheme with policy frameworks, application processes, conditions, cancellations, and appeal rights"],"plain_english_summary":"This local law governs parking of cars, bikes and other vehicles on streets, in council car parks and on council land in the Town of Cottesloe. It affects drivers, residents, businesses, people with disabilities and council enforcement officers, setting rules for paid parking, restrictions, special zones, permits and penalties.\n\nIt updates the 2009 regime to keep traffic moving, protect access (including disability parking) and give the council powers to manage and fine parking breaches."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the Town of Cottesloe Parking and Parking Facilities Local Law 2009 (clause 1.4) and replaces it with an updated regulatory framework that controls metered zones, parking stalls, parking stations, permits, enforcement powers and penalties. It centralises discretion with Council, the CEO and authorised persons (clauses 1.10; 8.2), prescribes modified penalties and infringement procedures (clause 10.1; Schedule 1; clause 10.3), and clarifies application to non‑council owned facilities subject to written agreement (clause 1.7(2))."},"complexity_factors":["Extensive definitions and cross-references to other statutes and instruments (clause 1.5; clause 1.6 references the Code and Road Traffic (Administration) Act).","Broad discretionary powers allowing Council, the CEO or authorised persons to create/alter zones, set fees and conditions, grant or cancel permits (clauses 1.10; 2.1; 3.1; 8.2).","Multiple enforcement powers and operational powers for authorised persons (tyre marking, valve readings, photography, affixing notices) with offences for obstruction or impersonation (clause 9.1; clauses 9.2–9.4).","Layered sanctioning regime: indictable/conventional penalties on conviction (clause 10.1) plus a detailed schedule of modified penalties for quick infringement resolution (Schedule 1; clause 10.3).","Application and signage rules that modify legal effect (deeming pre-existing signs, application to non‑council facilities only by written agreement) create evidential and scope complexity (clauses 1.7(2), 1.7(5)–(6), 1.9, 9.8).","Numerous technical parking rules and measured distances (e.g. 1 m, 3 m, 10 m, 20 m, GVM and length limits) with exceptions for classes of vehicle and special uses (clauses 4.2, 4.5, 7.12).","Procedural and administrative details: permit policy adoption/public notice (clause 8.1), objection/appeal referral to the Local Government Act (clause 8.7), and prescribed infringement forms (clause 10.3 and Second Schedule).","Deemed parking stations listed in the Second Schedule add site‑specific application that must be reconciled with agreements and signage."],"plain_english_summary":"This local law replaces the Town of Cottesloe’s 2009 parking bylaw and sets rules for metered zones, parking stalls, permits and enforcement across the local government’s parking region. It authorises signs, fees, detection devices and enforcement powers for the Council, CEO and authorised officers.\n\nIt affects drivers, residents needing parking permits, businesses using loading/taxi/bus zones and owners of parking facilities. Drivers must pay fees or face modified penalties, follow signs, display valid tickets or permits, and comply with authorised officers' directions."}},"importantCases":[],"_links":{"self":"/api/acts/town-of-cottesloe-parking-and-parking-facilities-local-law-2023","history":"/api/acts/town-of-cottesloe-parking-and-parking-facilities-local-law-2023/history","analysis":"/api/acts/town-of-cottesloe-parking-and-parking-facilities-local-law-2023/analysis","conflicts":"/api/acts/town-of-cottesloe-parking-and-parking-facilities-local-law-2023/conflicts","importantCases":"/api/acts/town-of-cottesloe-parking-and-parking-facilities-local-law-2023/important-cases","documents":"/api/acts/town-of-cottesloe-parking-and-parking-facilities-local-law-2023/documents"}}