ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009 (Northern Territory)

These By-laws set a comprehensive regulatory regime for the use, management and enforcement of activities in public places within the municipality of Alice Springs. They establish a permit-based architecture for a broad range of activities (for example, vehicle access to pedestrian malls, trading, markets and stalls, outdoor dining, demonstrations, camping, advertising, launches of projectiles, lighting fires and fireworks), define offences for specified conduct in public places, provide enforcement powers for authorised persons and Council, and create administrative mechanisms for determinations, registers, notice and impounding. The By-laws were made by special resolution of the Alice Springs Town Council (By-law 3(1)) and commence according to the dates stated in the instrument (By-law 3(2) and endnotes).

Mechanically, the instrument does the following:

Declares objectives (By-law 2) including peace, public safety, amenity protection and uniform administration.
Applies to all public places in the municipality (By-law 4) and provides a working definition of key terms such as public place, permit, authorised person and vehicle (By-law 5).
Creates an administrative officer role, the Registrar, who can exercise Council powers under the By-laws except the power to make determinations (By-law 6).
Enables Council to make determinations by resolution about types and fees for permits, dispensations, things determined under particular prohibitions, vehicle pounds and release fees (By-law 7(5)). Determinations take effect only after notice of the resolution is published in a local newspaper (By-law 7(3)).
Establishes a general permit regime: an activity in a public place that would otherwise be unlawful may be authorised by a permit (By-law 8). Applications must be in an approved form with the determined fee and additional material as required (By-law 8(2)). Permits are non-transferable (By-law 8(6)), may be subject to conditions and may be revoked (By-law 8(4) and (5)).

NORTHERN TERRITORY OF AUSTRALIA ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACE) BY-LAWS 2010 As in force at 5 August 2010 Table of provisions Part 1 Executive and administrative 1 Citation ............................................................................................ 1 2 Objectives ........................................................................................ 1 3 Enactment and commencement ...................................................... 1 4 Application ....................................................................................... 2 5 Definitions ........................................................................................ 2 6 Registrar .......................................................................................... 3 7 Determinations by Council ............................................................... 4 8 Permits ............................................................................................ 4 9 Register ........................................................................................... 5 Part 2 Activities requiring permit Part 2.1 Vehicles 10 Definitions ........................................................................................ 5 11 Requirement for permit .................................................................... 6 12 Speed limit ....................................................................................... 6 Part 2.2 Trade and entertainment 13 Sale of goods ................................................................................... 6 14 Stacking goods ................................................................................ 7 15 Outdoor dining ................................................................................. 7 16 Public entertainment ........................................................................ 7 Part 2.3 Stalls 17 Application ....................................................................................... 8 18 Markets ............................................................................................ 8 19 Conducting business from a stall ..................................................... 8 20 Prohibited goods.............................................................................. 8 21 Prohibited conduct ........................................................................... 9 Part 2.4 Advertising and hoardings 22 Distributing commercial material...................................................... 9 23 Placing or affixing promotional material ........................................... 9 24 Promotional material on private premises ..................................... 10 25 Advertising on or adjacent to buildings .......................................... 10

Alice Springs (Management of Public Places) By-laws 2010 ii Part 2.5 Camping 26 No camping ................................................................................... 10 Part 2.6 Council infrastructure 27 Certain works prohibited without permit ......................................... 11 28 Excavating private premises .......................................................... 11 29 Driveways ...................................................................................... 12 30 Prescribed loads and vehicles ....................................................... 12 Part 2.7 Other activities 31 Dangerous waters ......................................................................... 12 32 Applying graffiti .............................................................................. 13 33 Demonstrations and protests ......................................................... 13 34 Projectiles ...................................................................................... 13 35 Aircraft and parachutes ................................................................. 13 36 Fire ................................................................................................ 13 37 Fireworks ....................................................................................... 14 38 Grazing .......................................................................................... 14 39 Planting vegetation ........................................................................ 14 40 Disturbing vegetation ..................................................................... 14 Part 3 Prohibited activities and conduct Part 3.1 Offences relating to the environment 41 Littering .......................................................................................... 14 42 Removal of graffiti.......................................................................... 15 43 Dumping of goods and materials ................................................... 16 44 Discharge of fluids ......................................................................... 16 45 Washing and repairing of vehicles ................................................. 17 Part 3.2 Offences relating to liquor 46 Definitions ...................................................................................... 17 47 Drinking liquor in a public place ..................................................... 17 48 Opened liquor container in a public place ...................................... 18 49 Power of authorised person ........................................................... 18 Part 3.3 Offensive behaviour 50 Causing nuisance .......................................................................... 18 51 Indecent behaviour ........................................................................ 19 52 Obscene or offensive material ....................................................... 19

Alice Springs (Management of Public Places) By-laws 2010 iii Part 3.4 Offences relating to Council infrastructure 53 Bicycles and skateboards .............................................................. 19 54 Obstructing use ............................................................................. 20 55 Causing damage to road surface................................................... 20 56 Causing damage to property ......................................................... 20 Part 4 Impounding Part 4.1 Right to impound vehicle 57 Vehicle pound ................................................................................ 21 58 Abandoned vehicles and vehicles at risk ....................................... 21 59 Persistent parking breach .............................................................. 21 60 Notice of impounding ..................................................................... 22 Part 4.2 Release and disposal of vehicle 61 Release fee ................................................................................... 22 62 Release to owner........................................................................... 23 63 Sale or disposal of vehicle ............................................................. 23 64 No claim by owner ......................................................................... 23 Part 4.3 Abandoned items 65 Impounding and disposal ............................................................... 23 Part 5 Enforcement Part 5.1 Requisitions 66 Works to be carried out ................................................................. 24 67 Council may carry out works.......................................................... 24 68 Overhanging vegetation ................................................................ 25 Part 5.2 Acting contrary to permit 69 Conditions of permit ....................................................................... 25 70 Unreasonable obstruction .............................................................. 26 71 Safety lights ................................................................................... 26 72 Maintenance of signs ..................................................................... 27 Part 5.3 General powers of authorised person 73 Hindering or obstructing ................................................................ 27 74 Authorised person requiring information ........................................ 27 75 Proof of identity.............................................................................. 27 76 False statement in document......................................................... 28 77 Moving on persons ........................................................................ 28

Alice Springs (Management of Public Places) By-laws 2010 iv 78 Removal of persons....................................................................... 29 Part 5.4 Contravention and penalties 79 Regulatory offence ........................................................................ 29 80 Service of notices .......................................................................... 29 81 Penalties ........................................................................................ 29 82 Infringement notices ...................................................................... 29 Schedule ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 5 August 2010

ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACE) BY-LAWS 2010 By-laws under the Local Government Act 2019 Part 1 Executive and administrative 1 Citation These By-laws may be cited as the Alice Springs (Management of Public Places) By-laws 2010. 2 Objectives The objectives of these By-laws are to provide for: (a) the peace, order and good government of the municipality; (b) a safe and healthy environment so that the community within the municipality can enjoy a quality of life that meets its expectations; (c) the safe and fair use and enjoyment of public places; (d) the protection and enhancement of the amenity and environment of the municipality; (e) the fair and reasonable use and enjoyment of private land; and (f) the uniform and fair administration of these By-laws. 3 Enactment and commencement (1) These by-laws were made by special resolution of the Alice Springs Town Council on the 26th day of July 2010 pursuant to Part 13.1 of the Local Government Act 2008. (2) These by-laws have force and effect from the 1st day of February 2010 or the date that they are notified in the Gazette whichever is later.

Part 1 Executive and administrative Alice Springs (Management of Public Places) By-laws 2010 2 (3) The Alice Springs (Control of Public Places) By-Laws 1987 (Subordinate Legislation No. 41 of 1987) and the Alice Springs (Todd Mall) By laws 1992 (Subordinate Legislation No. 1 of 1992) are repealed. 4 Application These By-laws apply to all public places within the municipality. 5 Definitions In these By-laws: authorised person means either a person appointed by Council under Division 1 of Part 9.6 of the Local Government Act 2008 or a member of the Police Force. bicycle includes a tricycle and any pedal-powered vehicle. body means an association of members whether or not that association is incorporated. driveway means a vehicle driveway connecting private premises to a road whether or not it passes over a footpath. footpath means that part of a road in the municipality which has been made or set apart to be used otherwise than for the passage or accommodation of vehicles and includes walkways and bicycle paths. goods includes food, beverages, wares, merchandise, paintings, artwork, raffle tickets, tokens, badges and shares. graffiti means any drawing, figure, inscription, mark, message, slogan, symbol or object written, painted, drawn, etched, placed or otherwise made on the exterior of premises or urban infrastructure. liquor has the same meaning as in the Liquor Act 2019. municipality means the municipality of Alice Springs. park, garden or reserve means land, being a public place, which is vested in, leased or licensed to or under the care, control or management of Council and capable of being used as a park, garden recreation ground, oval, playing field or reserve. premises includes land, buildings and fences. permit means a permit granted under By-law 8(1).

Part 1 Executive and administrative Alice Springs (Management of Public Places) By-laws 2010 3 private premises means any premises on land which is privately owned regardless of the purpose for which it is used. public place includes Todd Mall, the Todd River and any place or road which the public are allowed to use, whether or not the thoroughfare or place is on private property, but does not include the interior of buildings on private land from which trading is lawfully conducted. Registrar means the person appointed under By-law 6(1). Repealed By-laws mean the Alice Springs (Control of Public Places) By-laws 1987 (Subordinate Legislation No. 41 of 1987) and the Alice Springs (Todd Mall) By-laws 1992 (Subordinate Legislation No. 1 of 1992); and sell, in relation to goods, means offering or exposing goods for sale, hire or barter. Territory means the Northern Territory of Australia. Todd Mall means the Todd Mall declared to be a pedestrian mall under section 25A of the Control of Roads Act 1953; and vehicle means a conveyance or carriage, whether or not capable of self-propulsion or registration under the Motor Vehicles Act 1949, but does not include: (a) a bicycle; or (b) perambulator or a device designed principally for the carriage of a disabled person. 6 Registrar (1) Council must appoint an authorised person to be the Registrar for the purposes of these By-laws. (2) The Registrar may exercise and perform the powers and functions of Council under these By-laws other than the power to make a determination. (3) A power or function exercised or performed by the Registrar under clause (1) is deemed to have been exercised or performed by Council. (4) The exercise or performance of a power or function by the Registrar under clause (1) does not prevent the exercise or performance of a power or function by Council.

Part 1 Executive and administrative Alice Springs (Management of Public Places) By-laws 2010 4 7 Determinations by Council (1) To facilitate the administration of these By-laws, Council may make determinations from time to time. (2) A determination may only be made by resolution of Council. (3) A determination has force and effect after notice of the passing of the resolution has been published in a newspaper circulating in the municipality. (4) A determination continues to have force and effect until the determination is varied or revoked by a subsequent determination. (5) Council may make a determination in respect of the following matters: (a) the type and class of permits that may be issued under these By-laws; (b) the fee for issue of a type or class of permit under these By-laws; (c) the dispensation of a person or class of persons with compliance with any requirements under these By-laws or any part of them; (d) goods or things determined under By-law 20(i); (e) the maximum weight of a loaded vehicle or the type of vehicle under By-law 30(1); (f) a day on which members of the public may discharge fireworks within the municipality under By-law 34(2); (g) a vehicle pound under By-law 57; and (h) a release fee under By-law 61. 8 Permits (1) A permit may be granted by Council to a person on the application of that person for an activity in a public place that would otherwise be unlawful under these By-laws. (2) An application under clause (1) must be in the approved form accompanied by the determined fee and such other information as Council considers relevant and requires to be produced. (3) On receipt of an application Council may grant or refuse to grant the permit.

Part 2 Activities requiring permit Part 2.1 Vehicles Alice Springs (Management of Public Places) By-laws 2010 5 (4) A permit shall be in such form as the council may approve from time to time and valid for the period and subject to such conditions as the Council deems fit and endorses on the permit. (5) A permit may at any time be revoked by Council as it deems fit. (6) A permit may not be transferred by the permit holder to another. (7) A permit granted under either of the Repealed By-laws and being in force immediately before the commencement of these By-laws continues in force according to its conditions. 9 Register The Registrar must cause to be kept a register of determinations, dispensations and permits made or granted under these By-laws current at any time for the immediately preceding two years. Part 2 Activities requiring permit Part 2.1 Vehicles 10 Definitions In this Part 2.1: emergency vehicle means a vehicle under the control of: (a) a member of the Police Force; (b) an employee or volunteer of a fire brigade; (c) an officer of an ambulance brigade; or (d) a person whose use of the vehicle is authorised by an officer of the Northern Territory Emergency Service, and who is using it in the course of his or her duty; and service vehicle means: (a) a vehicle under the control of an officer of, and used for the purposes of: (i) Council; (ii) a department whose responsibilities for the time being include highways, the construction and maintenance of government works, or planning and urban development;

Part 2 Activities requiring permit Part 2.2 Trade and entertainment Alice Springs (Management of Public Places) By-laws 2010 6 (iii) a body established by a law of the Northern Territory of Australia whose responsibilities include the supply of electricity or the making available of sewerage services or water supply services within the Territory; or (iv) a body established by a law of the Commonwealth of Australia having responsibility to plan, establish, maintain or operate telecommunications services within Australia; or (b) used under arrangements for the regular removal of garbage. 11 Requirement for permit (1) A person must not, without a permit, ride, drive or propel a vehicle onto or within or cause it to stand within: (a) Todd Mall; or (b) any park, garden or reserve. (2) Clause (1) does not apply where the vehicle is an emergency or service vehicle. (3) Clause (1)(a) does not apply where the vehicle is a: (i) vehicle engaged in the delivery of goods and used in Todd Mall for that purpose with the permission of an authorised person; or (ii) vehicle the presence of which in Todd Mall has been allowed by an authorised person as appearing to that person to be warranted by special circumstances. (4) A person who contravenes clause (1) is guilty of an offence. 12 Speed limit (1) A person must not ride, drive or propel a vehicle within Todd Mall or any park, garden or reserve at a speed exceeding 5 kilometres per hour. (2) A person who contravenes clause (1) is guilty of an offence. Part 2.2 Trade and entertainment 13 Sale of goods (1) A person must not, without a permit, sell goods in a public place.

Part 2 Activities requiring permit Part 2.2 Trade and entertainment Alice Springs (Management of Public Places) By-laws 2010 7 (2) Clause (1) does not apply where: (a) a person sells at any one time no more than one vehicle in a public place adjacent to or in the immediate vicinity of the person's place of residence; or (b) Part 2.3 applies. (3) A person who contravenes clause (1) is guilty of an offence. (4) For clause 2(a): (a) vehicle includes a boat; and (b) the person must not act as agent of the owner of the vehicle. 14 Stacking goods (1) Subject to Part 2.3, a person must not, without a permit, stack, store, or expose, or permit the stacking, storing or exposing of goods, whether or not for sale, in, on or over a public place or outside a building adjoining a public place. (2) A person who contravenes clause (1) is guilty of an offence. 15 Outdoor dining (1) A person must not as part of a business involving the service of food or drink, without a permit: (a) provide tables or chairs in a public place for the use by the customers of that business; or (b) serve those customers with food or drink in a public place. (2) A person who contravenes clause (1) is guilty of an offence. (3) For clause (1), drink includes liquor. 16 Public entertainment (1) A person must not in a public place, without a permit, perform or offer entertainment for or in expectation of reward. (2) A person who contravenes clause (1) is guilty of an offence.

Part 2 Activities requiring permit Part 2.3 Stalls Alice Springs (Management of Public Places) By-laws 2010 8 Part 2.3 Stalls 17 Application In this Part 2.3, stall means a structure in or from which goods are offered for sale and includes a tent, motor vehicle, caravan, trailer or table. 18 Markets (1) A person or body must not, without a permit, organise or attempt to organise a market in a public place. (2) A person or body who contravenes clause (1) is guilty of an offence. 19 Conducting business from a stall (1) A person must not, without a permit, conduct business from a stall in a public place. (2) The permit referred to in clause (1): (a) must not be granted unless and until the person enters into a licence agreement in an approved form with Council in respect of the area that the stall occupies; and (b) may be granted: (i) direct to the person; or (ii) to another person or body responsible for organising a permitted market in which the person conducts the business. (3) A person who contravenes clause (1) is guilty of an offence. 20 Prohibited goods (1) A person must not, in the conduct of business from a stall in a public place, hold or trade at the stall: (a) obscene or offensive goods or material deemed obscene or offensive by an authorised person; (b) counterfeit or other goods or materials where the sale of such items would breach the intellectual property of a third party; (c) toy or cap guns;

Part 2 Activities requiring permit Part 2.4 Advertising and hoardings Alice Springs (Management of Public Places) By-laws 2010 9 (d) real or replica weapons; (e) dangerous or illegal substances; (f) fireworks; (g) goods or materials not complying with relevant or applicable Australian Standards; (h) animals of any kind; or (i) goods or things so determined from time to time. (2) A person who contravenes clause (1) is guilty of an offence. 21 Prohibited conduct (1) A person must not, in the conduct of business from a stall in a public place: (a) call his goods or cause to make a noise or disturbance likely to be a nuisance or cause annoyance to a person in the vicinity of the stall; (b) deposit or store packages or goods except within the stall; (c) obstruct the passage of pedestrians or vehicles; or (d) act in a manner deemed offensive by an authorised person. (2) A person who contravenes clause (1) is guilty of an offence. Part 2.4 Advertising and hoardings 22 Distributing commercial material (1) A person must not, without a permit, distribute in a public place any handbill, poster, placard, sign, advertising or other printed material, goods or gift that advertises or promotes a commercial product or service. (2) Clause (1) includes causing the material to be distributed. (3) A person who contravenes clause (1) is guilty of an offence. 23 Placing or affixing promotional material (1) A person must not place or affix to or within a public place without a permit any handbill, poster, placard, sign, advertising or other printed material.

Part 2 Activities requiring permit Part 2.5 Camping Alice Springs (Management of Public Places) By-laws 2010 10 (2) Clause (1) includes: (a) placing or affixing the material to a power pole or sign post within a public place; and (b) causing the material to be so placed and affixed. (3) A person who contravenes clause (1) is guilty of an offence. 24 Promotional material on private premises (1) The owner or occupier of private premises must not, without a permit, erect or permit the use of a building, surface or structure over or in view of a public place on those premises for placing or affixing thereon a handbill, poster, placard, sign, advertising or other printed material having an area greater than 0.5m². (2) A person who contravenes clause (1) is guilty of an offence. 25 Advertising on or adjacent to buildings (1) A person must not, without a permit, affix, paint, carve, engrave or project, or permit to remain affixed, painted, carved, engraved or projected, on a building, surface or structure on, over or in view of a public place any sign or advertisement. (2) A person who contravenes clause (1) is guilty of an offence. (3) A person must not, without a permit, place or caused to be placed in or on a public place any A-frame, flag or other portable sign advertising a business conducted adjacent the public place. (4) A person who contravenes clause (3) is guilty of an offence. Part 2.5 Camping 26 No camping (1) A person must not in or on a public place between 9 pm on the one day and 9 am on the following day, without a permit: (a) camp; (b) occupy; or (c) otherwise reside in any: (i) tent; (ii) vehicle;

Part 2 Activities requiring permit Part 2.6 Council infrastructure Alice Springs (Management of Public Places) By-laws 2010 11 (iii) caravan; or (iii) temporary dwelling. (2) A person who contravenes clause (1) is guilty of an offence. Part 2.6 Council infrastructure 27 Certain works prohibited without permit (1) Subject to any other law in force in the Territory, a person must not, without a permit: (a) in, over, abutting on or under a public place: (i) lay pipes, cables or conduits; or (ii) erect, place or maintain a post, pillar, bridge, crossing, footway, fixture or structure; (b) from or from under a public place, dig or remove, or cause to be dug or removed, turf, sand, clay, soil or other material; or (c) on a public place, place or erect any matter or thing, whether or not it causes an obstruction. (2) A person who contravenes clause (1) is guilty of an offence. 28 Excavating private premises (1) A person must not, without a permit, carry out excavation on private premises abutting a public place where that excavation: (a) encroaches or may encroach on the public place; (b) is: (i) more than 300 mm deep; and (ii) closer to the boundary of a public place than one metre; or (c) is such that if the wall of the excavation were to collapse the excavation or the excavated material would encroach on the public place. (2) A person who contravenes clause (1) is guilty of an offence.

Part 2 Activities requiring permit Part 2.7 Other activities Alice Springs (Management of Public Places) By-laws 2010 12 29 Driveways (1) This By-law 29 applies where the owner or occupier of private premises abutting on a footpath or road applies for a permit to construct a driveway from those premises to a road. (2) Council may, as a condition of granting the permit, require the person applying for the permit to pay to Council, or enter into a bond for payment to Council of, such amount as it thinks fit to provide security against costs which it may incur as a result of the execution of the work. 30 Prescribed loads and vehicles (1) Council may from time to time determine the: (a) maximum weight of a loaded vehicle to be carried over; or (b) the type of vehicle to be driven along any road, bridge or culvert and cause the maximum weight of a loaded vehicle or type of vehicle so determined to be notified by notice conspicuously posted at or near each approach to such road, bridge or culvert. (2) Where Council determines a maximum weight or type of vehicle and causes it to be posted under clause (1), a person must not, without a permit, drive, draw or carry over the road, bridge or culvert a weight greater than that weight or drive a type of vehicle different to that type of vehicle along the road, bridge or culvert. (3) Clause (1) includes permitting the weight to be so driven, drawn or carried or the vehicle to be so driven. (4) A person who contravenes clause (1) is guilty of an offence. Part 2.7 Other activities 31 Dangerous waters (1) An authorised person may direct a person to remove themself from waters within a public place where the authorised person reasonably believes that it would be dangerous for that person to remain in those waters. (2) A person who fails to comply with a direction given under clause (1) is guilty of an offence.

Part 2 Activities requiring permit Part 2.7 Other activities Alice Springs (Management of Public Places) By-laws 2010 13 32 Applying graffiti (1) A person must not, without a permit, write, paint, draw, etch, or otherwise apply graffiti. (2) A person who contravenes clause (1) is guilty of an offence. 33 Demonstrations and protests (1) A person must not organise or lead a demonstration or protest in a public place without a permit. (2) A person who contravenes clause (1) is guilty of an offence. 34 Projectiles (1) A person must not, without a permit, launch or fire a rocket or other projectile from a public space. (2) Clause (1) does not apply where the rocket or projectile is a firework and launched or fired on a day determined allowing members of the public to discharge fireworks within the municipality. (3) A person who contravenes clause (1) is guilty of an offence. 35 Aircraft and parachutes (1) A person must not, without a permit, cause: (a) an aircraft to take off from a public place; or (b) an aircraft or parachute to land in a public place. (2) Clause (1)(b) does not apply where the aircraft or parachute is forced to land because of an emergency. (3) A person who contravenes clause (1) is guilty of an offence. (4) For clause (1), aircraft includes a glider, ultra-light aircraft, powered parachute and balloon. 36 Fire (1) Except in a fireplace designated by Council for that purpose, a person must not, without a permit, make or assist in making a fire on a public place. (2) Clause (1) does not apply where the person has been granted a permit under By-law 26(1) and makes the fire for the purpose of cooking or keeping warm.

Part 3 Prohibited activities and conduct Part 3.1 Offences relating to the environment Alice Springs (Management of Public Places) By-laws 2010 14 (3) A person who contravenes clause (1) is guilty of an offence. 37 Fireworks (1) A person must not, without a permit, throw, cast, let off, ignite or fire a firework of any type in, on or over a public place. (2) A person who contravenes clause (1) is guilty of an offence. 38 Grazing (1) A person must not, without a permit, graze or permit to graze an animal on a public place. (2) A person who contravenes clause (1) is guilty of an offence. 39 Planting vegetation (1) A person must not, without a permit, plant a tree, shrub or plant in a public place. (2) A person who contravenes clause (1) is guilty of an offence. 40 Disturbing vegetation (1) A person must not in a public place, without a permit, cut, break, remove or disturb a tree, shrub, stem, branch or root of a living tree, shrub or plant. (2) A person who contravenes clause (1) is guilty of an offence. Part 3 Prohibited activities and conduct Part 3.1 Offences relating to the environment 41 Littering (1) In this By-law 41: litter includes: (a) any solid or liquid domestic or commercial refuse, debris or rubbish and, without limiting the generality of the above, includes any glass, metal, cigarette butts, paper, fabric, wood and food; and

Part 3 Prohibited activities and conduct Part 3.1 Offences relating to the environment Alice Springs (Management of Public Places) By-laws 2010 15 (b) any other material, substance or thing deposited in a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place deposited, in or on a place, whether or not it has any value when or after being deposited in or on the place; and rubbish receptacle means a rubbish receptacle that Council or the custodian of the place causes to be provided for the disposal of rubbish or a bin or container provided by a person for the purpose of a rubbish collection authorized by Council. (2) A person must not deposit litter in or on a public place. (3) A person who contravenes clause (2) is guilty of an offence. (4) For clause (2), depositing litter in or on a public place includes: (a) dropping or throwing litter in, on, into or onto the place; (b) leaving litter in or on the place; (c) putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place; or (d) causing, permitting or allowing litter to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place but does not include depositing litter in a rubbish receptacle on the place. (5) For clause (4)(b), leaving litter in or on the place includes: (a) being observed by an authorised person moving away from litter in a public place where the authorised person reasonably believes that the person has deposited the litter and does not intend to return to the litter to remove it; and (b) where an authorised person reasonably believes that a person has deposited litter in a public place, refusing a direction from the authorised person to remove the litter and deposit it in a rubbish receptacle. 42 Removal of graffiti (1) Where graffiti has been written, painted, drawn, etched, or otherwise applied to the exterior of private premises open to view

Part 3 Prohibited activities and conduct Part 3.1 Offences relating to the environment Alice Springs (Management of Public Places) By-laws 2010 16 from a public place, Council may serve on the owner or occupier of those premises a notice in writing requiring the owner or occupier to remove the graffiti from public view by: (a) repainting, restoring, or recovering the surface on which the graffiti has been applied using the same colours and textures as existed previously on the surface; or (b) moving the premises so that the surface on which the graffiti has been applied is removed from public view within 14 days of service of the notice. (2) A person who fails to comply with a notice served under clause (4) is guilty of an offence. 43 Dumping of goods and materials (1) A person must not move, unload or deposit any refuse, waste, food, peelings, fruit or other vegetable matter, goods, materials, abandoned vehicle parts, construction or demolition material, garden remnants and clippings, soil sand stone gravel or rock or any other substance into or onto or in or on a public place. (2) A person who contravenes clause (1) is guilty of an offence. (3) Where commercial waste forms the whole or part of that which has been moved, unloaded or deposited, a person who contravenes clause (1) is guilty of a further and separate offence. (4) Where that which has been moved, unloaded or deposited remains in or on the place for longer than 24 hours, a person who contravenes clause (1) is guilty of a further and separate offence for each day or part thereof that it remains in or on the place. (5) Where commercial waste forms the whole or part of that which remains in or on the place, a person who contravenes clause (4) is guilty of a further and separate offence for each day or part thereof that the whole of that moved, unloaded or deposited remains in or on the place. (6) For clauses (3) and (5), commercial waste means any waste, goods or materials used in connection with the person's employment, trade or profession. 44 Discharge of fluids (1) The owner or occupier of premises must not discharge or permit the discharge or escape of any waste water or other fluid on to any adjoining land or road so as to cause a nuisance.

Part 3 Prohibited activities and conduct Part 3.2 Offences relating to liquor Alice Springs (Management of Public Places) By-laws 2010 17 (2) A person who contravenes clause (1) is guilty of an offence. (3) The driver of a motor vehicle must not discharge or permit the discharge or escape of radiator coolant, coolant flush wastewater, grease oil and waste water generated from engine degreasing in or on a public place. (4) A person who contravenes clause (3) is guilty of an offence. (5) Clause (3) does not apply where the discharge or escape is for the purpose of immediately removing a motor vehicle from a public place. 45 Washing and repairing of vehicles (1) A person must not wash or carry out repairs or maintenance work on a motor vehicle in or on a public place except where the public place has been set aside by Council for those purposes or one or the other and it is notified as such by a sign erected or posted to that effect. (2) A person who contravenes clause (1) is guilty of an offence. (3) Clause (1) does not apply where the repairs or maintenance work are for the purpose of immediately removing the motor vehicle from a public place. Part 3.2 Offences relating to liquor 46 Definitions In this Part 3.2: container includes any cask, flask, bottle or can. licensed premises means premises licensed under Part Ill of the Liquor Act 1978, and restricted area permit means a permit for a public restricted area granted under section 89A of the Liquor Act 1978. 47 Drinking liquor in a public place (1) A person must not drink liquor in a public place. (2) A person who contravenes clause (1) is guilty of an offence. (3) Clause (1) does not apply where the person drinks liquor within licensed premises or in accordance with the conditions of a restricted area permit.

Part 3 Prohibited activities and conduct Part 3.3 Offensive behaviour Alice Springs (Management of Public Places) By-laws 2010 18 48 Opened liquor container in a public place (1) A person must not: (a) bring onto a public place; or (b) have in the person's possession or control in a public place any opened container of liquor. (2) A person who contravenes clause (1) is guilty of an offence. 49 Power of authorised person (1) An authorised person having reason to believe that an offence has been committed against By-laws 47 or 48 may seize any opened container in the possession of a person whom the authorised person believes to be contravening those By-laws or one or the other. (2) Where an authorised person has seized a container under clause (1), that person may immediately empty it. (3) For this By-law 49, an opened container which: (a) is in the immediate vicinity, or in the possession of any other person in the immediate vicinity, of the person the member believes to have committed an offence against By-laws 47 or 48; and (b) the authorised person has reason to believe is a source of liquor from which the person is likely to continue to drink on that or another public place shall, whether or not owned by or in the possession or control of the person the authorised person believes to have committed the offence, be taken to be in the possession of the person. Part 3.3 Offensive behaviour 50 Causing nuisance (1) A person must not cause a nuisance to another person by: (a) urinating or defecating; (b) spitting; (c) swearing; or

Part 3 Prohibited activities and conduct Part 3.4 Offences relating to Council infrastructure Alice Springs (Management of Public Places) By-laws 2010 19 (d) asking for alcohol, cigarettes or money in a public place. (2) A person who contravenes clause (1) is guilty of an offence. 51 Indecent behaviour (1) A person must not engage in indecent behaviour in a public place. (2) A person who contravenes clause (1) is guilty of an offence. (3) For clause (1), indecent behaviour includes sexual intercourse and exposing genitalia. 52 Obscene or offensive material (1) An authorised person may direct a person to remove from view of a public place any obscene or offensive book or magazine cover, handbill, poster, placard, sign, advertising or other printed material which the person owns or over which the person exercises control. (2) For clause (1), material is obscene or offensive where the material is obscene or offensive in the opinion of the authorised person. (3) A person who does not comply with a direction under clause (1) is guilty of an offence. Part 3.4 Offences relating to Council infrastructure 53 Bicycles and skateboards (1) A person must not ride or use a: (a) bicycle in Todd Mall; or (b) skateboard in Todd Mall or on any footpath in the Central Business District. (2) A person who contravenes clause (1) is guilty of an offence. (3) For clause (1): Central Business District means that part of the municipality bounded by Wills Terrace, Leichhardt Terrace, Stott Terrace and the Stuart Highway; and skateboard includes roller skates and roller blades.

Part 3 Prohibited activities and conduct Part 3.4 Offences relating to Council infrastructure Alice Springs (Management of Public Places) By-laws 2010 20 54 Obstructing use (1) A person must not obstruct or impede the use of a public place or any part thereof. (2) Clause (1) does not apply where a person participates in a demonstration or protest for which a permit has been granted under By-law 33. (3) A person who contravenes clause (1) is guilty of an offence. 55 Causing damage to road surface (1) A person must not: (a) propel, drag or trail in contact with the surface of a road a vehicle, sledge, timber or other heavy material or a conveyance or thing capable of damaging the road; (b) use on a road a traction engine, tractor or steam wagon having wheels or tracks which have unprotected grooved ridges, indents, spikes or cross bars of a type likely to cause damage to the surface of the road; or (c) carry timber, metal, tools, implements, furniture or material along a road in such a manner as to cause damage to the road. (2) A person who contravenes clause (1) is guilty of an offence. 56 Causing damage to property (1) A person must not interfere with, damage, deface or destroy any building, structure, fixture, equipment, surface, plant or facility situated in or on or facing a public place. (2) A person who contravenes clause (1) is guilty of an offence. (3) For clause (1), damage includes damage resulting from a person riding or driving a motor vehicle or riding or leading an animal in a public place.

Part 4 Impounding Part 4.1 Right to impound vehicle Alice Springs (Management of Public Places) By-laws 2010 21 Part 4 Impounding Part 4.1 Right to impound vehicle 57 Vehicle pound In this Part 4, vehicle pound means a yard or other place under the control of Council which Council determines to be a vehicle pound for the purposes of these By-laws. 58 Abandoned vehicles and vehicles at risk (1) Subject to clause (2), an authorised person who reasonably believes that a vehicle: (a) has been abandoned: or (b) is at substantial risk of damage or theft if not immediately moved may impound the vehicle and remove it or cause it to be removed to a vehicle pound. (2) Clause (1)(a) only applies only to a vehicle which is left without the authority of Council for a period of not less than 24 hours on a road or public place or on land owned by, or under the care, control and management of, Council. 59 Persistent parking breach (1) Where a person commits a third or subsequent parking offence within 7 days, an authorised person may impound and remove or cause to be removed the person's vehicle from the location where the third or subsequent offence was committed to a vehicle pound. (2) Clause (2) applies irrespective of: (a) the location where each of the previous offences was committed; and (b) the type of parking offence previously committed. (3) For clause (1): parking offence means any offence against Division 7 of Part 12 of the Australian Road Rules 1999; and person's vehicle includes a vehicle under the care and control of the person.

Part 4 Impounding Part 4.2 Release and disposal of vehicle Alice Springs (Management of Public Places) By-laws 2010 22 60 Notice of impounding (1) Where the name of the owner of the vehicle is known or can be ascertained, an authorised person must as soon as practicable but in any event within the prescribed period personally serve on the owner written notice of the impounding stating the location of the vehicle pound to which the vehicle has been removed. (2) Where: (a) the name of the owner is not known or cannot be ascertained; or (b) the owner, if known, cannot be found within the prescribed period the authorised person must: (c) furnish to the Registrar a certificate of the reason the notice was not served; and (d) not less than 7 days after the impounding, cause notice of the impounding to be published in a newspaper circulating in the municipality. (3) A certificate under clause (2)(c) is prima facie evidence of the facts contained therein. (4) For clause (1), prescribed period means: (a) where By-law 58 applies, 7 days from the impounding of the vehicle; and (b) where By-law 59 applies, 2 business days from the impounding of the vehicle. Part 4.2 Release and disposal of vehicle 61 Release fee (1) Council may determine a fee for the release of any vehicle impounded under Part 4.1. (2) The release fee referred to in clause (1) must not exceed an amount that reasonably represents the cost to Council of impounding, moving, keeping and releasing the vehicle including any relevant overheads and indirect costs.

Part 4 Impounding Part 4.3 Abandoned items Alice Springs (Management of Public Places) By-laws 2010 23 62 Release to owner Council must release a vehicle impounded under Part 4.1 to its owner on payment of: (a) any release fee determined under By-law 61(1); and (b) any outstanding penalties for which the owner of the vehicle is liable under any By-laws applying to the municipality. 63 Sale or disposal of vehicle (1) Where the owner of a vehicle does not, within 14 days after the later of: (a) the service on that person of a notice under By-law 60(1); or (b) the date of publication of the notices referred to in By-law 60(2)(c) take possession of the vehicle by satisfying By-law 62 advertise for sale and sell the vehicle. (2) Where, in the opinion of Council, it is not practical or convenient to sell a vehicle impounded by it, it may dispose of the vehicle in any manner it deems fit. 64 No claim by owner Where a vehicle is sold or disposed of under By-law 63: (a) all previous rights of ownership in and to the vehicle are deemed to have been extinguished; and (b) no claim or action may lie against Council or an employee or contractor of Council in respect of or arising out of the sale of the vehicle. Part 4.3 Abandoned items 65 Impounding and disposal (1) An authorised person may impound and dispose of items found in a public place which that person reasonably believes to have been abandoned. (2) In exercising the powers conferred by clause (1), the authorised person must, where Council has issued guidelines in relation thereto, act in accordance with those guidelines.

Part 5 Enforcement Part 5.1 Requisitions Alice Springs (Management of Public Places) By-laws 2010 24 Part 5 Enforcement Part 5.1 Requisitions 66 Works to be carried out (1) Where: (a) in order to prevent or rectify a breach of these By-laws; or (b) Council deems it fit that a driveway be: (i) completed; (ii) repaired; or (iii) closed Council may serve a notice in writing on the owner or occupier of private premises abutting on a public place or to which a driveway leads requiring that person to carry out such works and do such things: (c) in or of such materials; (d) within such periods; and (e) in such manner as may be specified in the notice. (2) A person who fails to comply with a notice under clause (1) is guilty of an offence. (3) Any work to be carried out in pursuance of a notice under clause (1) must be executed at the expense of the owner or occupier and, if Council so requires, only by persons qualified or licensed to carry out the work. (4) For clause (1), Council may require the person to pay to Council, or enter into a bond for payment to Council of, such amount as the council deems fit to provide security against costs which it may incur as a result of the execution of the work. 67 Council may carry out works (1) In: (a) the event that a person does not comply with a notice given under By-law 66(1); or

Part 5 Enforcement Part 5.2 Acting contrary to permit Alice Springs (Management of Public Places) By-laws 2010 25 (b) where By-law 66(1)(a) applies, an emergency Council may carry out works to the premises as it deems fit to prevent or rectify a breach of these By-laws or complete, repair or close a driveway. (2) Where Council carries out works under clause (1), Council may claim from the owner or occupier of the premises the cost of executing the works as a debt due and owing. (3) The power conferred by clause (1): (a) includes the power to enter onto the premises to execute the works; and (b) is exercisable by Council and its employees, contractors and agents. 68 Overhanging vegetation (1) Where it deems that a tree, plant or shrub growing on private premises is causing inconvenience or obstruction to persons using a public place or is causing or likely to cause damage to a public place, Council may serve a notice in writing on the owner or occupier of those premises requiring that person to trim or remove the tree, plant or shrub. (2) A person who fails to comply with a notice under clause (1) is guilty of an offence. (3) In: (a) the event that a person does not comply with a notice given under clause (1); or (b) an emergency Council may trim or remove the tree, plant or shrub. (4) Where clause (3) applies, clauses (2) and (3) of By-law 73 apply with necessary modifications. Part 5.2 Acting contrary to permit 69 Conditions of permit (1) A person who: (a) fails to comply with; or

Part 5 Enforcement Part 5.2 Acting contrary to permit Alice Springs (Management of Public Places) By-laws 2010 26 (b) contravenes a condition of a permit granted to that person is guilty of an offence. (2) For clause (1), person includes a body. (3) To avoid doubt: (a) a separate offence is committed under clause (1) for each condition not complied with or contravened; and (b) where an offence would have been committed under these By-laws had a permit not been granted to the person, that offence is committed upon an offence being committed under clause (1). 70 Unreasonable obstruction Nothing in these By-laws shall be construed so as to allow a person carrying out works in pursuance of a permit to cause unreasonable obstruction of a road, channel or drain, or any part of a public place, by the deposit of materials or construction of a building or structure. 71 Safety lights (1) A person who causes: (a) a material or a structure to be deposited or laid on a road; or (b) work to be carried out entailing the opening or breaking up of the surface of a road, whether or not permitted by Council, must, at that person's expense, cause: (c) lights of a type and colour and in such number as the council considers sufficient for the purpose to be placed and retained near the material, structure or work; (d) the lights referred to in paragraph (c) to be illuminated from sunset to sunrise; and (e) the materials, structure or work to be fenced and enclosed to prevent damage or inconvenience to other persons until the material or structure is removed or the work is completed. (2) A person who contravenes clause (1) is guilty of an offence.

Part 5 Enforcement Part 5.3 General powers of authorised person Alice Springs (Management of Public Places) By-laws 2010 27 72 Maintenance of signs (1) Where a person is granted a permit under By-law 25, that person must maintain to Council's satisfaction each sign, advertisement, A-frame or flag. (2) A person who contravenes clause (1) is guilty of an offence. Part 5.3 General powers of authorised person 73 Hindering or obstructing A person who hinders or obstructs: (a) an authorised person; or (b) an employee or contractor of Council in the exercise of powers under these By-laws is guilty of an offence. 74 Authorised person requiring information (1) Where an authorised person: (a) reasonably suspects a person of having committed an offence against these By-laws; and (b) informs that person that it is the intention of the authorised person to caution or prosecute the person in respect of that offence the authorised person may require the person to state the person's name, address and date of birth. (2) A person who, without reasonable excuse, fails to provide the information required under clause (1) is guilty of an offence. (3) A person who provides false information when required to provide information under clause (1) is guilty of an offence. 75 Proof of identity (1) Where an authorised person: (a) reasonably suspects a person of having committed an offence against these By-laws; and

Part 5 Enforcement Part 5.3 General powers of authorised person Alice Springs (Management of Public Places) By-laws 2010 28 (b) informs the person that it is the intention of the authorised person to caution or prosecute the person in respect of that offence the authorised person may require the person to provide further evidence of identity of a specified kind. (2) A person who, without reasonable excuse, fails to provide the further proof of identity required under clause (1) is guilty of an offence. (3) Where a person has reasonable excuse for failing to provide the further proof of identity required under clause (1) must, within 2 business days, provide the further proof of identity at the office of Council. (4) A person to whom clause (3) applies who fails to provide the further proof of identity within the specified period is guilty of an offence. 76 False statement in document A person who makes a false statement in a document: (a) required or permitted under these By-laws; or (b) required to claim a financial or other benefit from Council is guilty of an offence. 77 Moving on persons (1) This By-law 77 applies if there are reasonable grounds for an authorised person to believe that a person in a public place (a) is asleep; or (b) has engaged, or is likely to engage, in conduct involving a breach of these By-laws. (2) The authorised person may direct the person to leave the vicinity of the public place. (3) The direction may be made subject to the condition that the person does not return to the vicinity for a stated period not exceeding 6 hours. (4) A person who, without reasonable excuse, contravenes a direction under clause (1) (including a condition that the person does not return to the vicinity for a stated period) is guilty of an offence.

Part 5 Enforcement Part 5.4 Contravention and penalties Alice Springs (Management of Public Places) By-laws 2010 29 78 Removal of persons (1) An authorised person may remove or cause to be removed from a park, garden or reserve a person who commits a breach of these By-laws and may, by notice in writing served on the person, refuse the person entry to a park, garden or reserve for a period, not exceeding 6 months, specified in the notice. (2) A person who contravenes a notice under clause (1) is guilty of an offence. Part 5.4 Contravention and penalties 79 Regulatory offence Any offence against these By-laws is a regulatory offence. 80 Service of notices (1) A notice Council is required or permitted to serve under these By-laws may be served: (a) personally on the person to whom it is addressed; (b) by leaving it for the person at the person's place of residence, employment or business; or (c) by posting it, addressed to the person, at the person's last known place of residence, employment or business. (2) Where Council serves a notice on a person in the person's capacity as owner or occupier of premises, it binds successors in title or successive occupiers (as the case may be). 81 Penalties A person who is guilty of an offence against these By-laws is liable to a penalty not exceeding 100 penalty units for an individual or 500 penalty units for a body corporate and, in addition, to a penalty not exceeding 5 penalty units for an individual or 25 penalty units for a body corporate for each day during which the offence continues. 82 Infringement notices (1) Despite by-law 81, as an alternative to prosecution, a person who is alleged to have contravened or failed to comply with a by-law specified in column 1 of the Schedule may be served with an infringement notice under which the person may pay to the Council a sum (in this By-law 82, a fixed penalty) in lieu of the penalty by

Part 5 Enforcement Part 5.4 Contravention and penalties Alice Springs (Management of Public Places) By-laws 2010 30 which the infringement of that By-law is otherwise punishable. (2) For the purposes of this By-law 82: (a) the sum specified in column 3 of the Schedule is the fixed penalty payable under an infringement notice for an infringement of the By-law specified opposite in column 1, and generally described opposite in column 2, of the Schedule; (b) an infringement notice is to be in a determined form and include: (i) the name of the alleged offender; (ii) in general terms, the nature of the offence alleged to have been committed; (iii) the date, time and place of the alleged offence; (iv) the amount of the fixed penalty; and (c) the period within which, and the place where, the fixed penalty may be paid. (d) an infringement notice may be issued and served by an authorised person; and (e) the fixed penalty specified in an infringement notice is to be paid to Council within 14 days of the date on which the infringement notice is served on the alleged offender. (3) An infringement notice is to also contain the statements to the effect: (a) that the alleged offender may expiate the offence and avoid enforcement action under the Fines and Penalties (Recovery) Act 2001) (in this By-law 82, the Act) if that person pays the fixed penalty to Council within 14 days of service of the infringement notice; (b) that if the alleged offender pays the fixed penalty within the period specified in the infringement notice, Council will take no further action in relation to the offence; (c) that the alleged offender may, if he or she so wishes, be dealt with a court of competent jurisdiction by electing under section 21 of the Act to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on Council:

Part 5 Enforcement Part 5.4 Contravention and penalties Alice Springs (Management of Public Places) By-laws 2010 31 (i) at any time before a courtesy letter under the Act is served on the alleged offender; or (ii) if a courtesy letter is served on the alleged offender, before the due date specified in that letter; (d) that if the alleged offender does not pay the fixed penalty within the period specified in the infringement notice and does not within that period serve on Council a statement of election under the Act: (i) the Act will apply and the alleged offender may be served with a courtesy letter in accordance with that Act requiring payment of the fixed penalty together with the costs in respect of the issue of that letter; and (ii) if the alleged offender does not make the payment as required by a courtesy letter, enforcement action may be taken against him or her under the Act which, after due process, may result in the suspension of the alleged offender's licence to drive, the seizure of property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached; (4) An infringement notice is to also contain a statement of election under the Act that includes the information required by regulation 7(1) of the Fines and Penalties (Recovery) Regulations 2001. (5) A fixed penalty may be expressed by way of penalty units including fractions of a penalty unit.

Schedule Alice Springs (Management of Public Places) By-laws 2010 32 Schedule by-law 82(1) and (2)(a) FIXED PENALTIES Column 1 By-law Column 2 General Description of Offence Column 3 Penalty units 11(4) Riding or driving vehicle without permit 1 12(2) Exceeding speed limit 4 13(3) Selling goods without permit 2 14(2) Stacking goods without permit 1 15(3) Providing foods or drinks without permit 2 18(2) Organising market without permit 5 19(3) Conducting business from stall without permit 2 20(3) Trading prohibited goods 3 21(2) Engaging in prohibited conduct 2 22(3) Distributing commercial material without permit 2 23(3) Placing or affixing promotional material without permit 2 24(3) Placing or affixing promotional material above certain size on private premises without permit 2 25(2) Advertising on buildings without permit 2 25(4) Placing portable sign on public place without permit 2

Schedule Alice Springs (Management of Public Places) By-laws 2010 33 26(2) Camping with out permit 2 27(2) Carrying out prohibited works without permit 5 28(2) Excavating private premises without permit 3 30(4) Exceeding prescribed maximum weight or driving vehicle other than prescribed without permit 5 31(2) Refusing a direction to leave dangerous waters 1 32(2) Applying graffiti without permit 10 33(2) Organising or leading a demonstration or protest without permit 1 34(3) Firing projectile without permit 10 35(3) Taking off or landing aircraft or parachutes 5 36(3) Making fire without permit 2 37(2) Letting off fireworks without permit 10 38(2) Grazing without permit 1 39(2) Planting vegetation without permit 1 40(2) Disturbing vegetation without permit 5 41(3) Depositing litter 3 42(2) Failing to comply with notice to remove graffiti 1 43(2) Dumping goods and material 5 43(3) Dumping goods and materials containing commercial waster 500

Schedule Alice Springs (Management of Public Places) By-laws 2010 34 43(4) Failing to remove dumped goods and materials 5 per day 43(5) Failing to remove dumped goods and materials containing commercial wast 100 per day 44(2) Discharging fluids 2 44(4) Discharging vehicle fluids 2 45(2) Washing and repairing vehicles 1 47(2) Drinking liquor 3 48(2) Possessing opened liquor container 3 50(2) Causing nuisance 2 51(2) Behaving indecently 3 52(1) Failing to comply with direction to remove obscene or offensive material from public view 3 53(2) Riding or using bicycle or skateboard 1 54(2) Obstructing or impeding public use 2 56(2) Causing damage to road surface 3 56(2) Causing damage to property 5 66(2) Failing to comply with notice to carry out work 3 68(2) Failing to comply with notice to trim or remove tree, shrub or plant 1 69(1) Failing to comply with or contravene condition of permit 2 71(2) Failing to provide safety lights 5 72(2) Failing to maintain sign 1

Schedule Alice Springs (Management of Public Places) By-laws 2010 35 73(1) Hindering or obstructing authorised person 4 74(2) Failing to provide required information 4 74(3) Providing false information 5 75(2) Failing to provide evidence of identity without reasonable excuse 4 75(4) Failing to provided evidence of identity within prescribed time 4 76 Providing false statement in document 5 77(4) Failing to comply with direction to leave public place 5 78(2) Contravening notice not to enter park, garden or reserve 5

ENDNOTES Alice Springs (Management of Public Places) By-laws 2010 36 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Alice Springs (Management of Public Places) By-laws 2010 (SL No. 18, 2010) Notified 5 August 2010 Commenced 5 August 2010 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 3, 5, 46, 59 and 82.

1 ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009

The instrument builds around a set of core legal constructs: public place, permit, authorised person, Council determinations and enforcement tools. The statutory text defines these concepts and attaches legal consequences to them.

Public place (By-law 5) is defined broadly. It expressly includes Todd Mall and the Todd River, and any place or road that the public are allowed to use whether or not the thoroughfare is on private property, but excludes the interior of privately owned buildings from which trading is lawfully conducted. This boundary means activities on a privately owned parcel that is open to public use can still be regulated as a public place under the By-laws (By-law 5).

Permit (By-law 5 definition and By-law 8) is the primary authorisation mechanism. Permits may be granted by Council for activities that would otherwise be unlawful. The instrument sets application form and fee rules (By-law 8(2)), allows conditions, permits are non-transferable (By-law 8(6)), and permits may be revoked at any time by Council (By-law 8(5)). Council may make determinations about types and fees of permits (By-law 7(5)(a),(b)) and keep a register of permits and dispensations for two years (By-law 9).

Authorised person (By-law 5) is either a person appointed by Council under the Local Government Act or a member of the Police Force. The authorised person carries a wide range of duties and powers across the By-laws. Many provisions leave assessment, such as whether material is "obscene or offensive", to the opinion of the authorised person (By-law 52(2); see also By-law 20(1)(a)). Authorised persons may seize opened liquor containers (By-law 49), direct people out of dangerous waters (By-law 31), require identity information (By-laws 74-75), move on people who are asleep or likely to breach By-laws (By-law 77), and remove people from parks, gardens or reserves (By-law 78). The Registrar (appointed authorised person) can exercise Council powers under the By-laws except to make determinations (By-law 6(2)). Council retains the power to resolve determinations (By-law 7(2)).

Council determinations (By-law 7) are the delegated rulemaking instrument within the By-laws. Council can determine types of permits, fees, dispensations, goods that are prohibited at stalls, maximum weight of loaded vehicles or types of vehicles on roads/bridges/culverts, days on which fireworks can be discharged, vehicle pounds and release fees (By-law 7(5)). Determinations operate only after notice of the passing of the resolution is published in a newspaper circulating in the municipality (By-law 7(3)). Determinations remain effective until varied or revoked (By-law 7(4)).

Offences and enforcement are structured as regulatory offences (By-law 79) with a maximum penalty ceiling (By-law 81) and an alternative infringement notice/fixed penalty system (By-law 82 and the Schedule). The Schedule enumerates fixed penalty units for many specified breaches and demonstrates that penalties vary significantly by contravention (for example, applying graffiti without a permit is 10 penalty units, dumping commercial waste is 500 penalty units, while some routine breaches carry single unit penalties).

Other recurring concepts include the Council’s ability to requisition works on private premises abutting public places (By-law 66), Council’s power to carry out works and recover costs as a debt where owners fail to comply (By-law 67), and impounding powers for abandoned or at-risk vehicles and for persistent parking breaches with prescribed notice and sale/disposal mechanics (By-laws 57-65).

The By-laws also cross-reference other legal instruments. They adopt the Liquor Act 2019 definition of liquor (By-law 5), refer to the Motor Vehicles Act 1949 in the vehicle definition (By-law 5), refer to the Control of Roads Act 1953 for the Todd Mall declaration (By-law 5), and adopt the Australian Road Rules 1999 for defining “parking offence” in the persistent parking breach provisions (By-law 59(3)). Enforcement procedures and alternatives are tied into the Fines and Penalties (Recovery) Act 2001 for infringement notices (By-law 82(3)(c)).

The By-laws regulate interactions among a diverse set of actors. The principal affected groups are:

Members of the public who use public places within Alice Springs. Many general prohibitions apply to individuals, for example: no drinking liquor in a public place (By-law 47), no camping between 9 pm and 9 am without a permit (By-law 26), no depositing litter (By-law 41), and no indecent behaviour (By-law 51). The definition of public place in By-law 5 means people on private property opened to public use may also be regulated.
Commercial operators who trade or provide entertainment or services in public places. Traders must secure permits for selling goods (By-law 13), for stall-based businesses (By-law 19), for outdoor dining (By-law 15), and for distribution of commercial material (By-law 22). The By-laws require markets to be permitted (By-law 18), impose prohibitions on the kinds of goods that may be sold at stalls including counterfeit items (By-law 20(1)(b)) and place conditions such as entering into licence agreements with Council before stalls are permitted (By-law 19(2)(a)).
Property owners and occupiers whose land abuts public places. They can be required to carry out works (By-law 66), to pay bonds or security to guarantee driveway construction or repair (By-law 29(2) and By-law 66(4)), and to remove graffiti visible from a public place within 14 days of notice (By-law 42). Council may also enter private premises to carry out works or trim/remove vegetation where owners fail to comply (By-laws 67 and 68).
Vehicle owners and drivers. Substantial provisions affect vehicles: driving or standing vehicles in Todd Mall or parks is prohibited without a permit (By-law 11); speed within Todd Mall and parks is limited to 5 km/h (By-law 12); Council can determine maximum weights or vehicle types for roads/bridges/culverts and post notices requiring compliance (By-law 30); authorised persons may impound vehicles abandoned or at risk (By-law 58) and may impound for persistent parking breaches (By-law 59). Impounded vehicles are subject to release fees (By-law 61), sale/disposal (By-law 63) and extinguishment of ownership rights on sale (By-law 64).
Event organisers and protest leaders. Organising or leading demonstrations or protests requires a permit (By-law 33) and markets or public entertainment require permits (By-laws 16, 18). Failure to obtain a permit is an offence, and authorised persons may direct removal of unauthorised demonstrations or participants.
Council staff, authorised persons and police. The By-laws expressly empower authorised persons to exercise a wide range of enforcement activities (seizure of opened liquor containers By-law 49, directions to remove from dangerous waters By-law 31, identity requisitions By-laws 74-75, removal or moving-on directions By-law 77, and physical removal from parks By-law 78). The Registrar (By-law 6) is a special administrative post who may exercise Council’s powers under the By-laws except making determinations.
Corporations and bodies that run services or utilities. The definition of service vehicle (By-law 10) covers vehicles under control of bodies with responsibilities for highways, electricity, sewerage or water services, telecommunications, and arrangements for garbage removal. Such bodies are exempted under By-law 11(2) for vehicle access to parks and Todd Mall where they meet the service vehicle test.
People who create or possess certain material. For example, persons who apply graffiti (By-law 32), who possess opened liquor containers (By-law 48), or who fail to remove obscene or offensive materials as directed (By-law 52) are directly regulated.
Any person contracting with Council. Where Council performs works after serving notice, owners are liable for costs and Council may claim these as a debt (By-law 67(2)), and the Council may require bonds for driveway permits (By-law 29(2)).

The regulatory reach is wide because the definition of public place includes areas that might be privately owned but open to public access (By-law 5). That breadth increases the number of affected actors beyond those who would be regulated only on publicly owned land.

The By-laws impose numerous duties on the public, traders, property owners and permit-holders, and they grant Council and authorised persons corresponding rights to enforce compliance. The key duties and the institutional rights that support enforcement are:

Duties imposed directly on persons in public places:

Refrain from specified conduct: many positive prohibitions appear across Parts 2 and 3; examples are no selling of goods without a permit (By-law 13), no stacking goods in public places without a permit (By-law 14), no outdoor dining or serving food/drink without a permit (By-law 15), no public entertainment without permit (By-law 16), no camping between 9 pm and 9 am without permit (By-law 26), no writing graffiti without permit (By-law 32), no organising protests without permit (By-law 33), no making fires without permit (By-law 36), and no discharging fireworks without permit (By-law 37). Many of these offences are backed by fixed penalty units in the Schedule (see By-law 82 and Schedule entries).
Environmental duties: no littering (By-law 41), no dumping of goods and materials (By-law 43), no discharge of waste or vehicle fluids onto land or roads (By-law 44), no washing or repairing vehicles in public places except where designated (By-law 45). Where graffiti is applied to private premises visible from public places, the owner or occupier has a duty to remove it within 14 days of a Council notice (By-law 42(1)-(2)).

Duties on property owners and permit-holders:

Compliance with permit conditions and maintenance obligations. Permits may be granted subject to conditions (By-law 8(4)), and failure to comply with or contravention of a condition is an offence with separate culpability for each breached condition (By-law 69(1) and (3)). Permit-holders who have signage are required to maintain signs to Council’s satisfaction (By-law 72(1)-(2)). Persons carrying out works must avoid unreasonable obstruction (By-law 70).
Works and safety obligations. Persons undertaking works that break road surfaces or deposit materials on roads must supply and fund safety lights and fences from sunset to sunrise and prevent damage or inconvenience until work is completed (By-law 71(1)-(2)). Council can require completion or repair of driveways under By-law 66 and require bonds for security (By-law 29(2)).

Rights, discretions and enforcement powers vested in Council and authorised persons:

Determination-making power: Council may make determinations about permit types, fees, dispensations, vehicle pounds, release fees, goods prohibited at stalls and maximum weights or types of vehicles for roads or culverts (By-law 7(5)). Determinations take effect only after publication of notice in a circulating newspaper (By-law 7(3)).
Permit grant and revocation power: Council may grant or refuse permits and may revoke permits at any time (By-law 8(3), (5)). The Registrar can exercise most Council powers under the By-laws except making determinations (By-law 6(2)).
Powers to issue notices and requisition works: Council can serve notices requiring works to be carried out to prevent or rectify a breach or to complete, repair or close driveways (By-law 66). Where owners fail to comply, Council may carry out the works and recover costs as a debt (By-law 67(1)-(2)) and may enter premises for that purpose (By-law 67(3)).
Removal and impoundment: authorised persons may impound abandoned or at-risk vehicles (By-law 58), impound vehicles for persistent parking breaches (By-law 59), and impound and dispose of abandoned items (By-law 65). The rules specify notice timelines and publication requirements (By-law 60) and release conditions including payment of release fees (By-laws 61-62). Council may sell or otherwise dispose of vehicles left unclaimed after 14 days (By-law 63), and the sale extinguishes prior ownership and precludes claims against Council (By-law 64).
Policing powers: authorised persons and police may seize and empty opened liquor containers where they reasonably believe an offence against the liquor provisions has occurred (By-law 49). Authorised persons may direct people to leave dangerous waters (By-law 31), require name, address and date of birth where the authorised person intends to caution or prosecute (By-law 74(1)), require evidence of identity (By-law 75), and move on persons who are asleep or likely to breach the By-laws, including conditions of not returning for up to 6 hours (By-law 77).
Enforcement discretions: authorised persons exercise a range of judgement calls. For example, assessing whether material is "obscene or offensive" is left to the authorised person’s opinion (By-law 52(2)). The authorised person also has broad discretion to permit activities in Todd Mall in special circumstances (By-law 11(3)(ii)).

Sanctions and remediation rights:

Regulatory offences attract maximum penalties in penalty units (By-law 81) and daily penalties for continuing offences. The infringement notice regime under By-law 82 and the Schedule offers a fixed penalty alternative with procedural requirements linked to the Fines and Penalties (Recovery) Act 2001.

These duties and rights combine strict, permit-based prohibitions for certain activities with considerable enforcement and discretionary powers in the hands of authorised persons and Council. The result is a framework of positive duties for the public and businesses matched by explicit powers for Council to require remedial work, seize and impound, issue infringement notices, and recover costs.

The By-laws treat offences as regulatory (By-law 79) and provide a dual enforcement path: court prosecution for breaches up to the statutory maxima (By-law 81) or the infringement-notice/fixed-penalty route as an alternative to prosecution (By-law 82 and the Schedule).

Penalty ceiling and continuing penalties:

Maximum penalties are stated in By-law 81: an individual faces up to 100 penalty units and a body corporate up to 500 penalty units, plus daily penalties for continuing offences up to 5 penalty units for an individual and 25 for a body corporate for each day the offence continues. The interplay between fixed penalties in the Schedule and the maximum statutory penalties allows Council both summary and escalatory enforcement.

Infringement notices and fixed penalties:

By-law 82 implements a fixed-penalty system. Column 3 of the Schedule sets fixed penalties in penalty units for specified By-law contraventions (By-law 82(2)(a)). The Schedule shows substantial variation in fixed penalties; examples include 10 penalty units for applying graffiti without a permit (Schedule entry for By-law 32(2)), 10 units for firing projectiles or letting off fireworks without a permit (Schedule entries for By-laws 34(3) and 37(2)), 500 penalty units for dumping goods and materials containing commercial waste (Schedule entry for By-law 43(3)), and smaller fines for common breaches such as 1 penalty unit for riding a bicycle without permit in Todd Mall (Schedule for By-law 11(4)).
The infringement notice must be in a determined form and specify key particulars such as name, nature, date, time and place of the alleged offence, amount of the fixed penalty, where and by when payment is to be made, and the right to elect court proceedings under the Fines and Penalties (Recovery) Act (By-law 82(2)(b), (3) and (4)). Payment must be made within 14 days of service of the infringement notice (By-law 82(2)(e)).

Authorised persons’ enforcement powers:

Authorised persons may issue directions, require identity information (By-law 74), require proof of identity (By-law 75), and seize opened liquor containers where they reasonably suspect liquor offences (By-law 49). They may impound abandoned or at-risk vehicles (By-law 58) and impound vehicles for persistent parking breaches (By-law 59). They may also remove or cause to be removed persons breaching By-laws in parks, gardens or reserves, and bar re-entry for up to 6 months (By-law 78).

Remedial enforcement by Council:

Council can serve notices requiring remedial works on owners or occupiers abutting public places (By-law 66). If the owner does not comply or in an emergency, Council may carry out the works and recover costs as a debt (By-law 67). Council can also trim overhanging vegetation after notice and, where necessary, carry out the trimming itself (By-law 68), with cost-recovery mechanisms provided for (By-law 67(2)).

Impounding mechanics and sale:

Vehicles can be impounded for abandonment or risk (By-law 58) and for persistent parking breaches (By-law 59). Notice procedures are specified: where the owner is known, the authorised person must personally serve written notice within the prescribed period (By-law 60(1)); where the owner cannot be found, the authorised person must furnish a certificate explaining why personal service failed and publish notice in a local newspaper not less than 7 days after impounding (By-law 60(2)). The prescribed period varies by the ground of impounding: seven days for an abandoned vehicle (By-law 60(4)(a)) and two business days for a persistent parking breach (By-law 60(4)(b)). Release requires payment of the release fee determined by Council and any outstanding penalties (By-law 62). If the owner does not take possession within 14 days of the later of personal service or publication of notice, Council may advertise and sell the vehicle or otherwise dispose of it (By-law 63), in which case prior ownership is extinguished and claims against Council are barred (By-law 64).

Procedural safeguards and discretion:

Several provisions require Council or authorised persons to use judgment. For example, whether goods are "obscene or offensive" is left to an authorised person’s opinion (By-law 20(1)(a) and By-law 52(2)). Council may make determinations about fees and types of permits (By-law 7(5)), but determinations must be publicly notified to operate (By-law 7(3)). The Registrar may exercise Council’s powers under the By-laws except the power to make determinations (By-law 6(2)). The combination of these provisions creates an administrative enforcement regime that depends heavily on authorisations and formal notices to give effect to enforcement actions.

Link to Fines and Penalties (Recovery) Act:

The infringement notice framework is explicitly integrated with the Fines and Penalties (Recovery) Act 2001. The infringement notice must inform alleged offenders of the procedure to elect to have the matter dealt with by a court under section 21 of that Act and the consequences of non-payment, including possible enforcement actions under that Act such as licence suspension, property seizure, wage deduction, statutory charge registration, community work orders or imprisonment for breach of community work orders (By-law 82(3)).

Taken together, the By-laws provide both criminal-style maximum penalties and an administrative fixed-penalty pathway designed to resolve many breaches by payment. Enforcement relies on authorised persons and Council exercising notice, seizure, remedy and cost-recovery powers within the procedural constraints in the instrument.

The By-laws explicitly reference and operate alongside Territory and national laws. The text both borrows definitions from, and cross-references, other statutory instruments. The key interactions found in the text are:

Local Government Act and enabling authority:

The By-laws are made under the Local Government Act. The front matter states they are by-laws under the Local Government Act 2019. The enactment clause refers to a special resolution pursuant to Part 13.1 of the Local Government Act 2008 (By-law 3(1)). This indicates the instrument is a local government regulation implemented under the powers conferred by the Local Government Act framework. The Registrar is an authorised person appointed by Council under Division 1 of Part 9.6 of the Local Government Act 2008 (By-law 6(1)). The interplay is that the Local Government Act supplies the appointment power and the general authority for making by-laws, while these By-laws specify the municipal regulatory details.

Liquor law:

The instrument imports the Liquor Act 2019 definition of liquor for the purposes of Part 3.2 (By-law 5). The provisions about drinking liquor in public places (By-law 47) and possession of opened liquor containers (By-law 48) expressly allow exceptions where consumption occurs within licensed premises or under a restricted area permit under the Liquor Act (By-law 47(3)). The enforcement steps for liquor breaches involve authorised persons being able to seize and empty opened containers (By-law 49). This arrangement demonstrates a direct interaction where local regulation complements the system of liquor licensing under Territory law.

Roads, vehicles and parking rules:

The vehicle definition references the Motor Vehicles Act 1949 contextually by excluding vehicles capable of registration under that Act from certain definitions (By-law 5). Persistent parking breach is defined by reference to Division 7 of Part 12 of the Australian Road Rules 1999 (By-law 59(3)), which sets the local by-laws’ parking offence standard to a nationally consistent rule. Determinations under By-law 30 allow Council to set maximum weights or vehicle types for roads, bridges or culverts and to post notices in situ, but this operates within the overarching road law framework.

Intellectual property and other Commonwealth/territory responsibilities:

The prohibition on trading counterfeit or intellectual property-infringing goods at stalls (By-law 20(1)(b)) signals that local regulation defers to national intellectual property rights when regulating stall commerce; the By-laws forbid trading where the sale would breach a third party’s intellectual property.

Control of Roads Act and Todd Mall:

The definition of Todd Mall references an earlier declaration under the Control of Roads Act 1953 (By-law 5), meaning the local prohibition on vehicles in Todd Mall interfaces with the control-of-roads status established by that separate statute.

Fines and Penalties (Recovery) Act 2001:

The infringement notice machinery is deployed within the Fines and Penalties (Recovery) Act framework. By-law 82(3) outlines rights and procedural information that must be given, including the option to elect to have the matter dealt with by a court under section 21 of the Act. The consequences of non-payment are those set out under the Act. This cross-reference means fixed-penalty enforcement and recovery uses Territory-level enforcement powers.

Other laws and standards:

By-law 20(1)(g) forbids trading goods that do not comply with relevant or applicable Australian Standards, thereby connecting local trade rules to national technical and safety standards.

Administrative law and notice requirements:

Many Council actions only have legal effect after notices or publication: Council determinations have force after notice of the passing of the resolution is published in a newspaper circulating in the municipality (By-law 7(3)), and notices are required for impounding where owners cannot be found (By-law 60(2)-(3)). These procedural ties suggest the By-laws were drafted to work with standard administrative law notice regimes.

Implementation and potential tensions:

The By-laws create local obligations that will in practice need to be reconciled with relevant Territory and Commonwealth laws. For instance, authorised persons’ powers to require identity information, to detain property or to enter premises for works must be exercised consistent with any procedural safeguards and constraints in Territory law. The instrument itself does not purport to override Territory or Commonwealth statutes; rather it inserts municipal permissions and duties which operate in parallel and are to be interpreted compatibly with referenced legislation.

In short, the By-laws are designed to function as a local regulatory overlay that complements and implements responsibilities under Territory and national legislation, particularly in liquor control, vehicle and road rules, intellectual property compliance and enforcement procedures through the Fines and Penalties (Recovery) Act.

The document as provided includes an endnote summary of key formal steps and a limited list of amendments. The recorded legislative history in the instrument is as follows:

Origin and commencement: The By-laws are identified as Alice Springs (Management of Public Places) By-laws 2010 (SL No. 18, 2010). The endnotes state the instrument was notified on 5 August 2010 and commenced on 5 August 2010 (Endnotes item 2). The body text records that the By-laws were made by special resolution of Council on 26 July 2010 pursuant to Part 13.1 of the Local Government Act 2008 and that they have force and effect from 1 February 2010 or the date they are notified in the Gazette, whichever is later (By-law 3(1)-(2)). The endnote clarifies the notified/commencement date as 5 August 2010.
Repeals: By-law 3(3) expressly repeals the Alice Springs (Control of Public Places) By-laws 1987 and the Alice Springs (Todd Mall) By-laws 1992. Those earlier local instruments were therefore superseded by the 2010 instrument.
Later formal amendments: The endnotes (Endnote 3) record that "general amendments of a formal nature" were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to by-laws 1, 3, 5, 46, 59 and 82. The endnote frames these as formal amendments (for example likely to update references, terminology or numbering consistent with statutory drafting reforms) rather than substantive policy changes, but the instrument does not detail the exact changes effected by that Act.
Continuity of permits: By-law 8(7) recognises continuity by providing that any permit granted under the Repealed By-laws and still in force immediately before the commencement of these By-laws continues in force according to its conditions.

No other amendment chronology or later amendment details appear in the provided text. There are no listed subsequent revisions, revocations or modernisation entries within the body beyond the endnote reference to the 2018 Interpretation Legislation Amendment Act. Users seeking current status should check the official reprint and the Territory legal database for amendments after the endnote’s coverage date.

The instrument as provided does not include or reference any judicial decisions, appeals, or litigation arising from its operation. No cases are named or discussed in the text. The By-laws are framed entirely as a municipal regulatory instrument without annotated court history or judicial interpretation in the printed text.

If litigation or case law exists that interprets specific provisions (for example, scope of "public place", reasonableness of authorised person determinations, procedural adequacy of notices, or constitutional challenges), that material is not contained in the instrument provided here. Practising lawyers or researchers requiring case law applying these By-laws will need to search Territory court decisions, local tribunal records, or administrative law reports for decisions post-dating the instrument’s commencement and the endnotes.

Because the By-laws provide significant discretion to authorised persons and Council (for instance in determining what is "obscene or offensive" under By-law 52(2)), the potential for legal challenge on administrative law grounds exists, but no such authority is recorded in the document. The absence of litigation history in the text means no source-grounded statements about judicial construction can be made from this instrument alone.

The By-laws contain several features that produce implementation or legal surprises for regulated actors. These are not normative judgements but mechanical consequences grounded in the text.

Broad scope of "public place"

The definition of public place (By-law 5) includes any place or road the public are allowed to use, whether or not the thoroughfare or place is on private property. That means activities on privately owned land open to the public (for example shopping centres, covered arcades or private gardens open to the public) may fall inside the By-laws’ regulatory reach. Traders or event organisers on private land should not assume municipal rules are limited to public authority land.

Authorised person discretion and subjective standards

Several provisions leave critical determinations to the opinion of an authorised person. For example, goods or material deemed "obscene or offensive" at stalls are banned if "deemed obscene or offensive by an authorised person" (By-law 20(1)(a)); an authorised person may direct removal of "obscene or offensive" printed material (By-law 52(1)-(2)). This subjects compliance to person-to-person enforcement judgement and increases uncertainty for regulated parties about the precise standard that will be applied in practice.

Non-transferability and revocability of permits

Permits are non-transferable (By-law 8(6)) and may be revoked by Council at any time (By-law 8(5)). For businesses that rely on permits (stallholders, outdoor dining operators, markets), the commercial risk of a permit being revoked or being non-transferable can affect contractability, valuation and continuity of operations.

Wide range of activities require a permit

Many ordinary commercial activities or public behaviours require permits: selling goods (By-law 13), distributing commercial material (By-law 22), placing promotional material (By-law 23), holding markets (By-law 18), organising demonstrations (By-law 33) and more. The cumulative permit burden can be significant for small traders and event organisers. Council determinations on permit types and fees (By-law 7(5)(a),(b)) further delegate important pricing and classification decisions to Council.

Authorised person powers to impound and dispose

Vehicles can be impounded for being abandoned or at risk (By-law 58) and for persistent parking breaches (By-law 59). Timelines for personal service of notice differ depending on the ground of impounding (By-law 60(4)). If owners cannot be found, notices are to be published not less than 7 days after impounding (By-law 60(2)(d)), and if vehicles are unclaimed after 14 days following service or publication Council may sell them (By-law 63). The owner loses prior rights on disposal and has no claim against Council after sale (By-law 64). These mechanics can be burdensome where vehicle owners have poor notice or where records are incomplete.

Significant fixed penalties for certain breaches

The Schedule sets high fixed penalties for particular breaches (for example, 500 penalty units for dumping goods and materials containing commercial waste, Schedule entry for By-law 43(3)). The presence of very large fixed penalties for commercial waste dumping creates a concentrated exposure for businesses and commercial operators that improperly dispose of waste.

Overlap with other licensing frameworks

Liquor and other regulated activities are cross-referenced to Territory licences or permits. For example, By-law 47 excludes consumption within licensed premises or under a restricted area permit under the Liquor Act. Operators must therefore manage multiple licensing regimes in parallel.

Discretionary determinations subject to newspaper notice

Council determinations take effect only after notice of the passing of the resolution is published in a newspaper circulating in the municipality (By-law 7(3)). That means that the content and timing of determinations is procedurally bound to a publication requirement; an improperly published determination may be vulnerable. It also imposes an administrative duty on Council to communicate determinations publicly to create legal effect.

Bonds and security for private works

Council may require bonds or security for driveway construction permits (By-law 29(2)) and require payment or bonds to secure works required under By-law 66(4). This can create an unexpected cashflow burden on private owners undertaking driving access works or required repairs.

Interplay with Fines and Penalties (Recovery) Act enforcement consequences

Infringement notices must inform alleged offenders about the consequences of non-payment under the Fines and Penalties (Recovery) Act (By-law 82(3)). Those consequences include licence suspension, seizure of property, wage deduction, registration of statutory charges and community work orders. Regulated parties who fail to engage with an infringement notice may therefore face automated escalation under Territory recovery law.

These “gotchas” arise from the text’s allocation of discretion, broad definitions, non-transferable permits and potentially large fixed penalties in particular areas. Practitioners should map permit requirements and risk exposures early, and consider administrative and notice obligations where Council determinations and enforcement powers will matter.

Compliance under these By-laws is practicable with a rules-driven approach. Below are concrete steps and actions that regulated entities and individuals should consider, with specific By-law references.

Determine whether the activity or location falls within the By-laws’ scope

Confirm if the site is a "public place" as defined in By-law 5. The definition explicitly includes Todd Mall and any place the public are allowed to use, even if on private land. If the activity is on private premises but visible from or accessible to the public, treat it as potentially regulated.

Identify required permits early

For any activity listed in Part 2 that would otherwise be unlawful, obtain a permit. Examples include:
- Vehicles on Todd Mall or parks: permit required (By-law 11). Note exceptions for emergency or service vehicles (By-law 11(2)) and for delivery vehicles with permission of an authorised person (By-law 11(3)(i)).
- Selling goods, stall trading, markets: permits required (By-laws 13, 18, 19). Stall operators must if granted a permit enter into a licence agreement in an approved form with Council for the area occupied (By-law 19(2)(a)).
- Outdoor dining or serving food/drink: permit required (By-law 15).
- Distribution or placement of commercial/promotional material: permits required (By-laws 22-25).
- Demonstrations, fireworks, graffiti, camping, fires, aircraft landings, public entertainment: permits required under their respective By-laws (By-laws 33, 37, 32, 26, 36, 35, 16).
Apply in the approved form and pay the determined fee with any required supporting documents (By-law 8(2)).

Check Council determinations and fees

Consult Council determinations for permit types, fees, dispensations, prohibited stall goods and maximum vehicle weights (By-law 7(5)). Determinations are effective only after publication in a local newspaper (By-law 7(3)), so verify current determinations on Council’s register (By-law 9).

Prepare to meet permit conditions and maintenance obligations

Expect conditions on permits and maintain compliance. Failure to comply with any condition is an offence and each contravention is a separate offence (By-law 69(1) and (3)). For signage permitted under By-law 25, maintain signs to Council satisfaction (By-law 72(1)). For works that impact roads, install and maintain safety lights and fences as required (By-law 71).

For stallholders and market organisers, address forbidden goods and noise/obstruction rules

Do not trade in goods prohibited at stalls, such as obscene material, counterfeit items, toy guns, weapons, illegal substances or animals (By-law 20(1)(a)-(i)). Do not call goods or cause noise that is a nuisance, obstruct pedestrian flow or store packages outside the stall (By-law 21).

Assist with graffiti and vegetation notices promptly

If Council serves a notice to remove graffiti visible from a public place, comply within 14 days by repainting/restoring or otherwise removing the surface from public view (By-law 42(1)). For notices to trim/remove overhanging vegetation, comply as specified (By-law 68(1)-(2)).

For driveway works and excavation abutting public places, obtain permits and bonds if required

For driveway construction, Council may demand payment or a bond as security (By-law 29(2)). Excavations close to public places exceeding specified depths or proximity require a permit (By-law 28(1)). Where a notice for works is served under By-law 66, complete the works in the manner, materials and within the period specified and ensure qualified/licensed contractors where required (By-law 66(1) and (3)).

Keep documentary proof of identity and cooperate with authorised persons

An authorised person may require name, address and date of birth, and may require additional proof of identity where there is reason to believe an offence has been committed (By-laws 74-75). Provide the information or a reasonable excuse for failure to do so; otherwise an offence may result.

Manage impounding risk for vehicles

Do not leave a vehicle on Council-managed land without authority for at least 24 hours (By-law 58(2)). If a vehicle is impounded, pay release fees that reflect Council’s determined amount and any outstanding penalties (By-laws 61-62). If the owner cannot be located, expect publication of notice in the local newspaper and possible sale after 14 days from service or publication (By-law 60 and By-law 63).

Adopt waste handling practices to avoid large penalties

Avoid dumping any refuse or commercial waste in public places (By-law 43). The Schedule imposes very large fixed penalties for dumping commercial waste (500 penalty units by Schedule for By-law 43(3)) and daily penalties for failing to remove dumped materials (By-law 43(4)-(5)). Use authorised waste removal channels and document disposal to show compliance.

Monitor notice and appeal avenues

If served with an infringement notice, the alleged offender has 14 days to pay the fixed penalty or to elect court proceedings under the Fines and Penalties (Recovery) Act (By-law 82(2)(e) and By-law 82(3)(c)). Failure to act may trigger enforcement actions under the Fines and Penalties (Recovery) Act as described in By-law 82.

Maintain records and engage with Council’s Registrar

Council must keep a register of determinations, dispensations and permits for the immediately preceding two years (By-law 9). Keep copies of permits, licence agreements for stalls (By-law 19(2)(a)), correspondence, notices and evidence of compliance to support responses to enforcement actions or audits.

Practical compliance also means building administrative processes for permit renewals, condition management, bond or insurance arrangements where Council requires financial security, and a readiness to engage with Council early when seeking dispensations (By-law 7(5)(c)). For businesses, the non-transferability of permits (By-law 8(6)) means structuring contracts and business arrangements to account for permit dependence.

In sum, compliance requires mapping activities to the specified By-laws, early permit engagement, diligent record-keeping and a clear plan to respond to Council notices, impoundment or enforcement steps in the timelines the instrument prescribes.

ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009

Plain English Summary

Deep Dive

What it does

Current sections

ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009

Source text: opening excerpt

1 ALICE SPRINGS (MANAGEMENT OF PUBLIC PLACES) BY-LAWS 2009

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply