824GOVERNMENT GAZETTE, WA 24 January 2017

824 GOVERNMENT GAZETTE, WA 24 January 2017 (e) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or otherwise, but not water) which may create a hazard for any person using the footpath; (f) unless at the direction of the local government, damage, remove or interfere with any signpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a thoroughfare by the local government or a person acting under the authority of a written law; (g) play or participate in any game or sport so as to cause danger to any person or thing or impede the movement of vehicles or persons on a thoroughfare; or (h) within a mall, arcade or verandah of a shopping centre, ride any skateboard, rollerblades or similar device. PART 11—NOTICES 11.1 Notice to redirect or repair sprinkler Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a manner which causes or may cause an inconvenience or obstruction to any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler or other watering equipment. 11.2 Hazardous plants (1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the garden to remove, cut, move or otherwise deal with that plant so as to remove the hazard. (2) Subclause (1) does not apply where the plant was planted by the local government. 11.3 Notice to repair damage to thoroughfare Where any portion of a thoroughfare, verge or footpath has been damaged, or is in the opinion of an Authorised Person, dangerous to the public, the local government may by notice to the person who caused the damage or dangerous condition, order the person to repair or replace that portion of the thoroughfare, verge or footpath to the satisfaction of the local government. 11.4 Notice to remove thing unlawfully placed on thoroughfare Where any thing is placed on a thoroughfare in contravention of this local law, the local government may by notice in writing to the owner or the occupier of the property which abuts on that portion of the thoroughfare where the thing has been placed, or such other person who may be responsible for the thing being so placed, require the relevant person to remove the thing. 11.5 Failing to comply with a notice A person who fails to comply with a notice issued pursuant to clauses 11.1, 11.2(1), 11.3 or 11.4, commits an offence. 11.6 Application of Division 1, Part 9 of the Act (a) grant a person a permit or consent under this local law; or (b) renew, vary or cancel a permit or consent that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 33 of the Regulations apply to that decision. PART 12—MISCELLANEOUS 12.1 Persons may be directed to leave local government property or building An Authorised Person may direct a person to leave local government property or a local government building where the Authorised Person reasonably suspects that the person has contravened a provision of any written law. 12.2 Disposal of lost property (1) An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the local government in any manner it thinks fit. (2) Neither the local government nor any local government employee or any Authorised Person must in any way be responsible for any articles or money lost, stolen, damaged, destroyed whilst on or in any local government property or building. 12.3 Impounding of goods and recovery of expenses The local government may— (a) impound goods in accordance with regulation 29 of the Local Government (Functions and General) Regulations 1996, and (b) withhold impounded or confiscated goods until costs are paid, dispose of impounded, confiscated or uncollected goods and recover impounding fees, in accordance with sections 3.46, 3.47 and 3.48 of the Act.