Part 3ADVERTISING SIGNS ON THOROUGHFARES

PART 3—ADVERTISING SIGNS ON THOROUGHFARES 3.1 Interpretation advertising sign means a sign used for the purpose of advertisement and includes an “election sign”; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; election sign means a sign or poster which advertises any aspect of a forthcoming Federal, State or Local Government election; portable direction sign means a portable free standing direction sign; and portable sign means a portable free standing advertising sign. Division 2—Permit 3.2 Advertising signs and portable direction signs (1) A person shall not, without a permit— (a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare. (2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event. (3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) on a footpath; (b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5m; (c) on or within 3m of a carriageway; (d) in any other location where, in the opinion of the local government, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or (e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge. 3.3 Matters to be considered in determining application for permit In determining an application for a permit for the purpose of clause 3.2(1), the local government is to have regard to— (a) any other written law regulating the erection or placement of signs within the district; (b) the dimensions of the sign; (c) other advertising signs already approved or erected in the vicinity of the proposed location of the sign; (d) whether or not the sign will create a hazard to persons using a thoroughfare; and (e) the amount of the public liability insurance cover, if any, to be obtained by the applicant. Division 3—Conditions on permit 3.4 Conditions on portable sign If the local government approves an application for a permit for a portable sign, the application is to be taken to be approved subject to the following conditions— (a) the portable sign shall— (i) not exceed 1m in height; (ii) not exceed an area of 1m2 on any side; (iii) relate only to the business activity described on the permit;

5 March 2021 GOVERNMENT GAZETTE, WA 875 (iv) contain letters not less than 200mm in height; (v) not be erected in any position other than immediately adjacent to the building or the business to which the sign relates; (vi) be removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading; (vii) be secured in position in accordance with any requirements of the local government; (viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a place by any person; and (ix) be maintained in good condition; and (b) no more than one portable sign shall be erected in relation to the one building or business. 3.5 Conditions on election sign If the local government approves an application for a permit for the erection or placement of an election sign on a thoroughfare, the application is to be taken to be approved subject to the sign— (a) being erected at least 30m from any intersection; (b) being free standing and not being affixed to any existing sign, post, power or light pole, or similar structure; (c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to a place by any person; (d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or leaving a thoroughfare or crossing; (e) being maintained in good condition; (f) not being erected until the election to which it relates has been officially announced; (g) being removed within 24 hours of the close of polls on voting day; (h) not being placed within 100m of any works on the thoroughfare; (i) being securely installed; (j) not being an illuminated sign; (k) not incorporating reflective or fluorescent materials; and (l) not displaying only part of a message which is to be read with other separate signs in order to obtain the whole message. PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS Division 1—Animals and vehicles 4.1 Leaving animal or vehicle in public place or on local government property (1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on local government property so that it obstructs the use of any part of that public place or local government property, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 4.2 Prohibitions relating to animals (1) In subclause (2), owner in relation to an animal includes— (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal shall not— (a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the thoroughfare as a thoroughfare and unless it is led, ridden or driven; (b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a public place; or (c) train or race the animal on a thoroughfare. (3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area, unless that person does so under a permit or under the authority of a written law. Division 2—Shopping trolleys 4.3 Interpretation In this Division— retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; and shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods.