City of Belmont Consolidated Local Law 2020

14 January 2021 GOVERNMENT GAZETTE, WA 183 CONSOLIDATED LOCAL LAW 2020 CONTENTS

PART 1—PRELIMINARY 1.1 Short title 1.2 Commencement 1.3 Application 1.4 Read as a whole 1.5 Repeal 1.6 Fees 1.7 Delegation

PART 2—GENERAL INTERPRETATION 2.1 Terms used 2.2 Interpretation 3.1 Terms used 3.2 Activities requiring permission 3.3 Notice to remove anything unlawfully placed on local government property 3.4 Liability for damage to local government property 3.5 Intoxicated persons not to enter local government property 3.6 No possession or consumption of liquor or prohibited drug 3.7 Permission required to camp outside a facility 3.8 When entry must be refused into swimming pool facility 3.9 Prohibitions on use of jetty 3.10 Only specified gender to use entry of toilet block or change room 3.11 No unauthorised entry to function 3.12 Permission required for vehicle crossing 3.13 Removal of redundant crossing 3.14 Assignment of property numbers 3.15 No smoking

Division 1: General 4.1 Leaving animal on local government property 4.2 Prohibitions relating to animals 4.3 Taking or injuring any animal 4.4 Restrictions on feeding wildlife 4.5 Damaging or interfering with local government property used for seizing animal

Division 2: Cats 4.6 Terms used 4.7 Limitation on the number of cats 4.8 Nuisance cat

184 GOVERNMENT GAZETTE, WA 14 January 2021

Division 3: Dogs 4.9 Dogs to be confined 4.10 Limitation on the number of dogs 4.11 Where application cannot be approved for kennel establishment 4.12 Impounding of dog charges and costs 4.13 Fouling local government property

Division 4: Horses (Stable Premises) 4.14 Terms used 4.15 Requirement for registration 4.16 Application for registration 4.17 Property inspection 4.18 Expiry, suspension and cancellation of registration 4.19 Requirements for the construction of stable premises 4.20 Yards and training/walking rings 4.21 Limitation of number of horses 4.22 Required minimum setbacks 4.23 Exemption for existing stable premises 4.24 Waste receptacles 4.25 Feed storage 4.26 Cleanliness standards 4.27 Maintenance standards 4.28 Liability for default

PART 5—FENCING 5.1 Terms used 5.2 Application 5.3 Specified public place 5.4 Sufficient fences 5.5 Fences within front setback areas 5.6 Maintenance of fences 5.7 General discretion of the local government 5.8 Fencing materials 5.9 Prohibited fencing materials 5.10 Fencing materials requiring permission 5.11 Transfer of approval 5.12 Cancellation of approval 6.1 Terms used 6.2 Nuisance 6.3 Amusement activities 6.4 Emission or reflection of light 6.5 Notice of reflective surface or lighting 6.6 Truck noise from residential land 6.7 Disposing of disused refrigerators or similar containers 6.8 Shopping trolley to be marked 6.9 Person not to abandon shopping trolley 6.10 Retailer to remove abandoned shopping trolley 6.11 Measures to prevent release of dust or liquid waste 6.12 Notice of dust or liquid waste release 6.13 Notice to cease work 6.14 Notice of potential dust or liquid waste release 6.15 Revocation of notice 7.1 Terms used 7.2 General prohibitions 7.3 Activities requiring permission 7.4 Notice to redirect or repair sprinkler 7.5 Permissible verge treatments 7.6 Only permissible verge treatments to be installed 7.7 Obligations of owner or occupier 7.8 Transitional provision 7.9 Power to carry out public works on verge

14 January 2021 GOVERNMENT GAZETTE, WA 185 8.1 Terms used 8.2 Signs erected by the local government 8.3 Transitional 8.4 Unauthorised signs and defacing of signs 8.5 Advertising signs 8.6 Impounding of advertising signs 8.7 Portable signs 8.8 Real estate directional signs

PART 9—TRADING IN PUBLIC PLACES, STALLHOLDERS, PUBLIC PERFORMERS AND OUTDOOR EATING FACILITIES 9.1 Terms used 9.2 Stallholder’s permit 9.3 Trader’s permit 9.4 Relevant considerations in determining application for stallholder’s or trader’s permit 9.5 Conditions of stallholder’s or trader’s permit 9.6 Exemptions from requirement to pay fee or to obtain a stallholder’s or trader’s permit 9.7 Conduct of stallholders and traders 9.8 Street performer permit 9.9 Variation of permitted area and permitted time to perform 9.10 Cancellation of street performer permit 9.11 Conduct of street performer 9.12 Permit required to conduct an outdoor dining area 9.13 Considerations for determining an application for an outdoor dining area permit 9.14 Conditions of outdoor dining area permit 9.15 Conduct of an outdoor dining area permit holder 9.16 Removal of an outdoor dining area unlawfully conducted 9.17 Use of an outdoor dining area by public 9.18 Temporary removal of outdoor dining area may be requested 10.1 Application for permit 10.2 Decision on application for permit 10.3 Conditions which may be imposed on a permit 10.4 Imposing conditions under a policy 10.5 Compliance with and variation of conditions 10.6 Duration of permit 10.7 Transfer or renewal of permit 10.8 Production of permit 10.9 Cancellation of permit 10.10 Agreement for building 10.11 Responsibilities of permit holder 10.12 Application of Part 9, Division 1 of the LG Act objections and review

PART 11—VEHICLES AND PARKING 11.1 Terms used 11.2 Parking Region 11.3 Directional Arrows 11.4 Application 11.5 Part of street to which sign applies 11.6 Classes of vehicles and persons 11.7 Powers of the local government 11.8 Determine parking bays and parking stations 11.9 Vehicles to be within parking bay 11.10 Parking prohibitions and restrictions 11.11 Restrictions on parking in particular areas 11.12 Parking vehicle on a carriageway 11.13 When parallel and right-angled parking apply 11.14 When angle parking applies 11.15 General prohibitions on parking 11.16 Authorised person may order vehicle to be moved 11.17 Authorised person may mark tyres 11.18 No movement of vehicles to avoid time limitation 11.19 No parking of vehicles exposed for sale and in other circumstances

186 GOVERNMENT GAZETTE, WA 14 January 2021 11.20 Parking on private land 11.21 Driving or parking on local government property 11.22 Lawfully parked vehicles deemed an obstruction 11.23 Unlawfully parked vehicles 11.24 Vehicle causing an obstruction 11.25 Suspension of parking limitations for urgent, essential or official duties 11.26 Special event parking 11.27 No stopping and no parking signs 11.28 Stopping in a loading zone 11.29 Stopping in a taxi, bus or mail zone 11.30 Other limitations in zones 11.31 Stopping in a shared zone 11.32 Stopping in a designated lane 11.33 Double parking 11.34 Stopping near an obstruction 11.35 Stopping on a bridge or in a tunnel 11.36 Stopping on crests and curves 11.37 Stopping near a fire hydrant 11.38 Stopping at or near a bus stop 11.39 Stopping on a path, median strip, painted island or traffic island 11.40 Stopping on verge 11.41 Obstructing access to and from a path or driveway 11.42 Stopping near a letter box 11.43 Heavy and long vehicles stopping on a carriageway 11.44 Stopping on a carriageway with a bicycle parking sign 11.45 Stopping on a carriageway with motor cycle parking sign 11.46 Removal of notices on vehicle 11.47 Signs must be complied with 11.48 General provisions about signs 11.49 Special purpose and emergency vehicles 11.50 Averment on complaint as to clause 11.4(2) agreement 11.51 No driving on closed street 11.52 Preexisting signs 12.1 Terms used 12.2 Rates, fees and charges 12.3 Power to provide waste services 12.4 Supply of receptacles 12.5 Deposit of waste in receptacles 12.6 Direction to place or remove a receptacle 12.7 Duties of owner or occupier 12.8 Exemption 12.9 Damaging or removing receptacles 12.10 Verge collections 12.11 Removal of waste from premises 12.12 Receptacles and containers for public use 12.13 Waste control on building sites 12.14 Other costs and expenses 12.15 Form of notices 13.1 Terms used 13.2 Property hire 13.3 Determinations as to use of local government property 13.4 Procedure for making a determination 13.5 Discretion to erect a sign 13.6 Determination to be complied with 13.7 Amendment or revocation of a determination 13.8 Activities which may be pursued on specified local government property 13.9 Activities which may be prohibited on specified local government property 14.1 Authorised person 14.2 Employees and authorised persons

14 January 2021 GOVERNMENT GAZETTE, WA 187 14.3 Notice of breach 14.4 Local government may undertake requirements of notice 14.5 Power of Entry 14.6 Modified Penalties 14.7 Offences PART 15—SCHEDULES SCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT SCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL OR INDUSTRIAL LOT SCHEDULE 3—ABANDONED SHOPPING TROLLEY RESTRICTED AREAS SCHEDULE 4—PRESCRIBED OFFENCES

14 January 2021 GOVERNMENT GAZETTE, WA 189 CONSOLIDATED LOCAL LAW 2020 Under the powers conferred on it by the Local Government Act 1995, Cat Act 2011, Dividing Fences Act 1961, Dog Act 1976, and Waste Avoidance and Resource Recovery Act 2007 and all other enabling powers, the Council of the City of Belmont resolved on 27 October 2020 to make the following local law. PART 1—PRELIMINARY 1.1 Short title This is the City of Belmont Consolidated Local Law 2020. 1.2 Commencement This local law commences 14 days after the day on which it is published in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Read as a whole This local law must be read as a whole and the treatment of the subject matter in one part does not exclude the treatment of the same subject matter in another part. 1.5 Repeal The following local government local laws are repealed— (a) Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law published in the Government Gazette 13 September 2001; and (b) Dust and Liquid Waste Local Law 2007 published in the Government Gazette 29 May 2007; and (c) Dogs Local Law published in the Government Gazette 13 September 2001; and (d) Local Government Property Local Law published in the Government Gazette 13 September 2001; and (e) Local Laws Relating To Fencing published in the Government Gazette 13 September 2001; and (f) Parking and Parking Facilities Local Law published in the Government Gazette 22 August 2002; and (g) Stable Premises Local Law 2015 published in the Government Gazette 29 July 2015; and (h) Urban Environment and Nuisance Local Law published in the Government Gazette

13 September 2001; and (i) Clauses 35—47 of Part 4—Waste Food and Refuse of the City of Belmont Health Local Law 2002 published in the Government Gazette 13 August 2002. 1.6 Fees (1) Where provision is made in this local law for fees and where the power to impose such fees is contained in legislation other than the LG Act, then those fees are to be determined and imposed under and in accordance with that legislation. (2) Where this local law provides for fees other than those referred to in subclause (1), such fees shall be set and imposed in accordance with section 6.16 to 6.19 of the LG Act. (3) Fees referred to in subclauses (1) and (2) are to be as recorded in the Fees and Charges Schedule in the local government’s Annual Budget and that Schedule as published in the Annual Budget from time to time is to apply as if it was a schedule of this local law and is referred to herein as the ‘Fees Schedule’. (4) Where provision is made in this local law for a fee to be paid for any licence, permit, registration, authority or exemption, or any like or other consent, permission or approval, or any other service (the service), then the person requiring the service or any renewal, variation or transfer thereof, shall pay the fee as set out in the Fees Schedule at the time and in the manner provided for in this local law or

190 GOVERNMENT GAZETTE, WA 14 January 2021 in the Fees Schedule, or otherwise as required by the responsible officer of the local government if no applicable provision is made in this local law or the Schedule. (5) Where provision is made in this local law for the payment of a fee for any service as referred to in subclause (4), then— (a) in the absence of any provision to the contrary, the fee is to be paid to the local government upon the lodging or making of the application for the service; and (b) in the case of the renewal, variation or transfer of a licence, permit, registration, authority or any other service, the fee for the same is to be paid at the time of the application for the renewal, and if there is no provision or requirement for an application, the fee is to be paid before the renewal, variation or transfer takes effect. 1.7 Delegation (1) Subject to subclause (2), the local government may delegate any of its powers, functions and duties under this local law in the absence of a delegation provision in the enabling legislation for any of the provisions in this local law, the local government may delegate any of its powers, functions and duties under this local law to the Chief Executive Officer for the time being of the local government, and the Chief Executive Officer may delegate any such power, function or duty (other than the power of delegation) to any other employee of the local government or to any other authorised person. (2) If there is an inconsistent provision for delegation in the enabling legislation for any of the provisions in this local law, that inconsistent delegation provision will apply to the exclusion of the provision in subclause (1). PART 2—GENERAL INTERPRETATION 2.1 Terms used (1) In this local law unless the context otherwise requires— applicant means a person who applies for a permit or licence; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia as amended from time to time; authorised person means a person appointed by the local government under section 9.10 of the Local Government Act 1995, section 29(1) of the Dog Act 1976 or section 48(1) of the Cat Act 2011 to perform any of the functions of an authorised person under this local law; boat means any ship, vessel or structure capable of being used in navigation by water, however propelled or moved, and includes a jet ski; carriageway has the same meaning as in the Road Traffic Code 2000; CEO means the chief executive officer of the local government; commencement date means the date on which this local law commences operation under clause 1.2; Council means the council of the local government; dangerous dog means a dog declared to be a dangerous dog under section 33E of the Dog Act 1976; determination means a determination made under clause 13.3; district means the district of the local government; footpath has the same meaning as in the Road Traffic Code 2000; function means an event or activity characterised by all or any of the following— (a) formal organisation and preparation; or (b) its occurrence is generally advertised or notified in writing to particular persons; or (c) organisation by or on behalf of a club; or (d) payment of a fee to attend it; or (e) systematic recurrence in relation to the day, time and place; intersection has the same meaning as in the Road Traffic Code 2000; kerb includes the edge of a carriageway; LG Act means the Local Government Act 1995; liquid waste means waste from any process or activity, whether useful or useless, that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land or water that are not otherwise authorised by a written law but does not without limiting the generality of the foregoing include uncontaminated stormwater; liquor has the same meaning as in the Liquor Control Act 1988; local government means the City of Belmont; local government property means any building, land or thing that is owned, vested in, or under the care, control or management of the local government, including but not limited to, any reserve, street, footpath, verge, tree, vehicle or otherwise unvested facility; local planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005;

14 January 2021 GOVERNMENT GAZETTE, WA 191 lot has the same meaning as in the Planning and Development Act 2005, but also where the context permits includes a lot in relation to a strata scheme, a lot in relation to a survey strata scheme, or a lot shown as common property on a survey strata plan, as those terms are defined in the Strata Titles Act 1985; nuisance means unless the context of, or the enabling legislation for, a specific provision of this local law requires otherwise— (a) an activity or condition which is harmful or annoying to a person of reasonable susceptibility, and which would give rise to legal liability in the tort of public or private nuisance at law; or (b) an unreasonable interference with a person’s use or enjoyment of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; occupier has the same meaning as in the LG Act; otherwise unvested facility has the same meaning as in the LG Act; owner has the same meaning as in the LG Act except— (a) where used in relation to a vehicle licensed under the Road Traffic Act 1974, means the person in whose name the vehicle has been registered under that Act; and (b) where used in relation to any other vehicle, means the person who owns, or is entitled to possession of that vehicle; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; person includes a body corporate, association or other body of persons but does not include the local government; public place includes a place to which the public ordinarily have access whether or not by payment of a fee; Schedule means a schedule to this local law; street means any road, thoroughfare, highway or land used for vehicular or pedestrian traffic, and includes all land lying between property lines, including the verge and footpath; vehicle includes— (a) every conveyance, not being a bicycle, train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means, whether licensed or not; and (b) where the context permits, an animal being driven or ridden; verge means the portion of a street which lies between the boundary of a carriageway and the adjacent property line. (2) Where, in this local law, a duty or liability is imposed on an owner or occupier the duty or liability is taken to be imposed jointly and severally on each of the owners or occupiers. 2.2 Interpretation (1) Terms used in this local law which are defined in section 5 of the Interpretation Act 1984 have the meanings given in that section notwithstanding any provision in this clause to the contrary. (2) Where there is a definition of a term in this local law, the term when used in this local law has the meaning given in that definition unless the context of a specific provision requires otherwise, or unless the enabling legislation for that specific provision requires otherwise. (3) If a term used in this local law does not have a definition in the Interpretation Act 1984 or in this local law, the meaning will be as follows— (a) as the term is defined in the enabling provision for those provisions which provide the context for the term in this local law; and (b) if there is no definition as provided in (a), then as the term is defined in the Local Government Act 1995; and (c) if there is no definition as provided in (a) and (b), then the meaning is to be ascertained by the general principles of statutory interpretation. 3.1 Terms used jetty means and includes any jetty, pier, wharf and landing place which is local government crossing means a crossing giving access from public land to— (a) private land; or (b) a private thoroughfare serving private land. 3.2 Activities requiring permission (1) A person must not, without the permission of the local government— (a) subject to Part 7, place or drain anything onto local government property which may create a nuisance; or

192 GOVERNMENT GAZETTE, WA 14 January 2021 (b) destroy, damage, deface, remove or interfere with any local government property; or (c) 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 local government property; or (d) enter local government property which has been fenced off or closed to the public by a sign or otherwise; or (e) cause any obstruction to a vehicle or a person using local government property; or (f) alter, obstruct, or interfere with, any watercourse, drain, tunnel, or bridge that is local government property; or (g) hoist anything over local government property; or (h) advertise anything by any means on local government property; or (i) teach, coach or train, for profit, on local government property; or (j) conduct a function on local government property; or (k) charge any person for entry onto local government property; or (l) light a fire or burn anything on local government property except in a facility provided for that purpose; or (m) parachute, hang glide, abseil or base jump from or on to local government property; or (n) make any excavation on or erect or remove any fence on local government property; or (o) play or practice golf on local government property except on a reserve set aside for the purpose of playing golf. (2) The local government may exempt a person from compliance with subclause (1) on the written application by that person. 3.3 Notice to remove anything unlawfully placed on local government property Where anything is placed on local government property in contravention of this local law, the local government may give written notice to the person responsible for the thing being so placed, requiring that person to remove the thing from the local government property. 3.4 Liability for damage to local government property (1) Where a person damages local government property, the local government may by notice in writing to that person require that person within the time stipulated in the notice to pay the costs, at the option of the local government, of either— (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property. (2) Unless there is evidence establishing on the balance of probabilities to the contrary, a person (hereafter referred to as the accused person) is to be taken to have damaged local government property within subclause (1)— (a) in a case where a vehicle or a boat caused the damage, the accused person is the person responsible, at the time the damage occurred, for the control of the vehicle or boat; or (b) in a case where the damage occurred when an approval, permit or permission was in force, authorising a person to occupy or use the local government property, the accused person is the person who was granted the approval, permit or permission. (3) On a failure to comply with the notice issued under subclause (1), the local government may recover the costs referred to in the notice in a court of competent jurisdiction as a debt due to the local government. 3.5 Intoxicated persons not to enter local government property A person must not enter or remain on local government property while intoxicated. 3.6 No possession or consumption of liquor or prohibited drug (1) A person must not consume or have possession of or be in control of any liquor or prohibited drug, on local government property, unless— (a) permitted under the Liquor Control Act 1988 or under another written law; or (b) in accordance with a permit. (2) Subclause (1) does not apply where the liquor is in a sealed and unopened container. 3.7 Permission required to camp outside a facility facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995. (2) This clause does not apply to a facility operated by the local government. (3) A person must not without the permission of the local government— (a) camp on, lodge at or occupy any structure or vehicle at night for the purpose of sleeping on local government property; or (b) erect any tent, camp, hut or similar structure on local government property other than a beach shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day.

14 January 2021 GOVERNMENT GAZETTE, WA 193 (4) The maximum period for which the local government may approve an application for permission in respect of subclause (3)(a) or (3)(b) is as provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. 3.8 When entry must be refused into swimming pool facility manager means the person for the time being employed or contracted by the local government to control and manage a swimming pool facility which is local government property and includes the person’s assistant. (2) A manager or an authorised person must refuse admission to, may direct to leave or must remove or cause to be removed from a swimming pool facility any person who— (a) in their opinion is— (i) under the age of 12 years and who is unaccompanied by a responsible person of at least 18 years of age; or (ii) suffering from any gastrointestinal disease, skin infection or other disease that is communicable in an aquatic environment; or (iii) intoxicated; or (iv) a baby or young child, who would ordinarily wear a nappy, not wearing an aqua-nappy; or (b) is the subject of a decision by the local government to be refused entry for behaviour that is inappropriate, disruptive or causes a potential danger or threat to any person or damage to property. 3.9 Prohibitions on use of jetty (1) A person must not, without the permission of the local government— (a) drive or ride any vehicle onto a jetty; or (b) take or allow an animal onto a jetty; or (c) use, hang or dry any fishing net on a jetty; or (d) tie or moor any boat so as to cause obstruction or prevent others from lawfully using the jetty or contravene any other conditions of use for the jetty. (2) Subclause (1)(b) does not apply to a dog, fish or bait. 3.10 Only specified gender to use entry of toilet block or change room (1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or change room is to be used by— (a) females, then a person of the male gender must not use that entry of the toilet block or change room; or (b) males, then a person of the female gender must not use that entry of the toilet block or change room. (2) Clauses 3.10(1)(a) and (b) do not apply to— (a) children under the age of 6 years when accompanied by a parent, guardian or other person who is taking care of that child; or (b) a person providing assistance to a disabled person. 3.11 No unauthorised entry to function (1) A person must not enter local government property on such days or during such times as the local government property is set aside for a function whether or not the function is one for which a charge for admission is authorised, except— (a) through the proper entrance for that purpose; and (b) on payment of any fee chargeable for admission at the time. (2) The local government may exempt a person from compliance with subclause (1)(b). 3.12 Permission required for vehicle crossing (1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the person responsible for the works must obtain permission from the local government for the construction of a temporary crossing to protect the existing carriageway, kerb, drains and footpath, where— (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) the builder named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the demolition contractor named on the demolition permit issued under the Building Act 2011, if one has been issued in relation to the works; or (c) the registered proprietor of the lot, if no building or demolition permit has been issued under the Building Act 2011 in relation to the works.

194 GOVERNMENT GAZETTE, WA 14 January 2021 (3) If the local government grants permission for the purpose of subclause (1), the permission is taken to be issued on the condition that until such time as the temporary crossing is removed, the builder, demolition contractor or registered proprietor must keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction. 3.13 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge, street and any other local government property affected by the removal are to be reinstated to the satisfaction of the local government. (2) The local government may give written notice to the owner or occupier of a lot requiring the owner or occupier to— (a) remove any part of or all of a crossing which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge, street and any other local government property, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot must comply with that notice. 3.14 Assignment of property numbers number means a number of a lot with or without an alphabetical suffix indicating the address of the lot by reference to a street. (2) The local government may assign a number to a lot in the district and may assign another number to the lot instead of that previously assigned. (3) An assigned number must be displayed in a prominent position on or at the front of the lot so that it is clearly visible from the carriageway of the principal fronting street. 3.15 No smoking A person must not smoke within a 5 metre radius of any entrance or exit of premises on local government property. Division 1: General 4.1 Leaving animal on local government property (1) Subject to the provisions of subclause (2) a person must not permit an animal to remain unattended on local government property. (2) An animal may be secured on local government property wherein animals may lawfully be secured for the purposes of this local law but only if secured for a period not exceeding 1 hour unless with the permission of the local government. 4.2 Prohibitions relating to animals A person must not, on local government property— (a) allow an animal to enter or remain for any time unless it is led, ridden or driven; or (b) allow an animal which has a contagious or infectious disease to enter or be led, ridden or driven; or (c) train, race, lead, ride or drive an animal so as to damage local government property; or (d) depasture any animal without the permission of the local government. 4.3 Taking or injuring any animal A person must not, take, injure or kill or attempt to take, injure or kill any animal or animal egg which is on or above local government property, unless that person is authorised under a written law to do so. 4.4 Restrictions on feeding wildlife (1) A person must not feed wildlife on local government property— (a) so as to cause a nuisance; or (b) with a food or other substance that is not a natural food for that wildlife. (2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may give written notice requiring the person to clean up and properly dispose of any food or other substance including waste products specified in the notice. 4.5 Damaging or interfering with local government property used for seizing animal A person must not destroy, break into, damage or in any way interfere with or render not animal proof any local government property used for the purpose of catching, holding or conveying a seized animal. Division 2: Cats 4.6 Terms used In this Division unless the context otherwise requires— cat means an animal of the species felis catus or a hybrid of that species;

14 January 2021 GOVERNMENT GAZETTE, WA 195 owner has the same meaning as in the Cat Act 2011; premises has the same meaning as in the Cat Act 2011. 4.7 Limitation on the number of cats (1) Subject to subclause (5), a person must not, without an exemption in writing from the local government, keep more than 2 cats over the age of 6 months on premises. (2) An owner or occupier of premises may apply in writing to the local government for exemption from the requirements of subclause (1). (3) The local government must not grant an exemption under this clause unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (4) An exemption granted under this clause must specify— (a) the owner or occupier to whom the exemption applies; and (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) A person may keep more than 2 cats on premises where a defence or an exemption under regulation 6(2) or 6(3) of the Cat (Uniform Local Provisions) Regulations 2013 applies. 4.8 Nuisance cat (1) The owner of a cat, or any other person in control of a cat, must not allow a cat to create a nuisance. (2) Where, in the opinion of an authorised person, a cat is creating a nuisance, the local government may give written notice to the owner of the cat or any other person apparently in control of the cat, requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government on the notice or until the local government withdraws the notice. (4) A person given a notice to abate the nuisance must comply with the notice within the period specified in the notice. Division 3: Dogs 4.9 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause the portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; and (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; and (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; and (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Notwithstanding subclause (1), the confinement of dangerous dogs is dealt with in the Dog Act 1976 and Dog Regulations 2013. 4.10 Limitation on the number of dogs (1) This clause does not apply to premises which have been granted an exemption under section 26(3) of the Dog Act 1976. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Dog Act 1976, 2 dogs over the age of 3 months and the young of those dogs under that age. 4.11 Where application cannot be approved for kennel establishment The local government cannot approve an application for a licence to keep an approved kennel establishment on premises where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an approval required under a local planning scheme has not been granted. 4.12 Impounding of dog charges and costs The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Dog Act 1976 relating to the seizure and impounding of a dog; and (b) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Dog Act 1976.

196 GOVERNMENT GAZETTE, WA 14 January 2021 4.13 Fouling local government property (1) Any person liable for the control of a dog who permits that dog to defecate on local government property or on any land within the district without the consent of the occupier of that land must remove forthwith and dispose of the faeces either on private land with the written consent of the occupier or in such other manner as the local government approves. (2) Notwithstanding clause 14.7, the penalty for an offence under clause 4.13(1) is $1000. Division 4: Horses (Stable Premises) 4.14 Terms used In this Division unless the context otherwise requires— associated building means a feed room, gear room, shoeing area, hosing down area, shelter or veterinary treatment room connected to the care and management of horses; dwelling house means a building used solely for human habitation, and also means any part of a building which is designed for use as a self-contained unit for living purposes and is used solely for human habitation, but does not include open verandas or patios; Environmental Health Officer means any Environmental Health Officer appointed by the local government under the Public Health Act 2016; habitable room has the meaning given to it in the National Construction Code; horse means any animal belonging to the subspecies Equus ferus caballus; National Construction Code means the latest edition of the National Construction Code published from time to time by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that code; sleeping quarters means a room within a stable premises that is used by people for resting purposes but is not a place of residence; stable premises means a building for the keeping, caring and feeding of 1 or more horses; stall means a single compartment in a stable premises in which 1 horse is kept; training/walking ring means an area where horses are temporarily contained for the purpose of training and exercise; walk-in/walk-out stall means a single compartment in a stable premises with a sand floor and a floor area of a minimum of 28 square metres for the keeping of 1 horse; yard means an area contained by a fence or rails where horses are kept during day-light hours only. 4.15 Requirement for registration (1) A person must not keep or stable any horse within the district of the local government other than in a stable premises registered under this local law. (2) A person must not keep or stable in any stable premises a greater number of horses than the number for which the stable premises is registered. (3) Registration may only be granted in the name of the owner of the property or an occupier holding a lease on the whole of the property on which the stable premises are situated. (4) The provisions of this local law are in addition to, and do not derogate from, the provisions of any other written law. (5) Any condition of registration imposed by the local government under clause 10.2(1)(a) must be complied with. 4.16 Application for registration (1) An application for the registration of a stable premise must be lodged with the local government together with such plans and other information as required by the local government. (2) Applications for the renewal of a registration must be submitted— (a) during the month of June; and (b) prior to the expiry of the registration. (3) If stable premises— (a) are registered in the name of the owner and the property is sold, the new owner must within 28 days of the registration of the transfer of the property at Landgate, make application for a variation to the name on the registration of the stable premises, and must pay the applicable fee; or (b) are registered in the name of an occupier holding a lease on the whole of the property, and the lease is terminated by any means whatsoever or assigned, the new occupier or the owner must within 28 days of the termination or assignment of the previous lease, make application for a variation in the name on the registration of the stable premises and must pay the applicable fee. (4) Where the owner or occupier of a registered stable premises intends to— (a) alter or amend the buildings, facilities or land designed or used for the keeping of a horse or horses and equine activities; or (b) keep horses in excess of the number permitted on the current certificate of registration,

14 January 2021 GOVERNMENT GAZETTE, WA 197 the owner or occupier must make an application for a variation to the registration and lodge the variation application with the local government together with the variation fee and such, specifications, drawings, particulars and information as the local government requires in relation to the variation. 4.17 Property inspection Upon receipt of a new application, the local government may cause the property to be inspected by an Environmental Health Officer who is to report on the sufficiency of the property as stable premises and such other matters as are required by this local law. 4.18 Expiry, suspension and cancellation of registration (1) A registration is valid from the date of issue until the upcoming 30 June, unless it is suspended or cancelled prior to that date under this local law. (2) If a registration is not renewed prior to 30 June in the year following its date of issue, the registration shall expire. (3) If registration of stable premises is granted in the name of the owner of the property, and the property is sold, and the new owner or a lessee of the whole of the property, does not within 28 days of the registration of the transfer of the property at Landgate make an application under subclause 4.16(3), any registration current at the time of the sale is, by force of this subclause, cancelled. (4) If registration of stable premises is granted in the name of an occupier holding a lease on the whole of the property, if the lease expires or is surrendered or assigned, or is otherwise terminated, and the new occupier being lessee of the whole of the property, or otherwise the owner, does not within 28 days of the expiration, surrender or other termination of the lease, does not make an application under subclause 4.16(3), any registration current at the time of termination or assignment of the lease is, by force of this subclause, cancelled. (5) Where a person to whom a registration has been granted— (a) fails to comply with a condition of registration; or (b) is convicted of an offence under this local law, the local government may give written notice to such person of its suspension, cancellation, or refusal to renew the registration. (6) Where the local government suspends or cancels a registration under subclause (5), the suspension or cancellation will be effective from— (a) the date specified in the written notice; or (b) the same day on which the notice is issued, if no date is specified in the written notice. (7) Where a registration has been suspended under subclause (5), the local government may reinstate the registration by giving written notice. 4.19 Requirements for the construction of stable premises (1) The construction of a stable premises and its situation with respect to adjacent buildings must be in accordance with the National Construction Code, any local law and the local planning scheme, but the local government may waive strict compliance with this requirement with respect to any approved stable premises in existence prior to the commencement date. (2) Subject to subclause (3), all stable premises and associated buildings must be built in brickwork or other materials approved by the local government and provided with a concrete floor having a minimum thickness of 75mm with a finished floor level at least 75mm above the surrounding ground level and where required, drained to the sewer or as otherwise approved by the local government. (3) Every stable premises must be constructed with full height external walls to the requirements of the National Construction Code and any— (a) partition walls between stalls must not be less than 1.5 metres high; and (b) full height partition walls must provide a minimum area of 0.5 square metres of permanent ventilation, not more than 300mm below the roofline. (4) Every stall must have an area of not less than 12 square metres with walls not less than 3 metres in length. (5) Every stall must be provided with a roof that covers the entire floor area of the stall and allows for a minimum ceiling height of 2.7 metres with an average ceiling height of 3 metres. (6) Where an application proposes a stable premises with less than 10 stalls, each stall must be provided with a yard that complies with the requirements of clause 4.20. (7) Where an application proposes a stable premises with 10 or more stalls, at least 1 yard that complies with the requirements of clause 4.20, must be provided for every 10 stalls. (8) The construction of walk-in/walk-out stalls must comply with the following requirements— (a) the site must be well drained with the highest known water table no closer than 1.2 metres below the ground or sand floor level, which may be achieved artificially; and (b) a bed of crushed, compacted limestone or any other proposed alternative acceptable to the local government, with a minimum thickness of 300mm must be laid under the sand floor; and

198 GOVERNMENT GAZETTE, WA 14 January 2021 (c) whether natural or imported sand is used for the sand floor, it must be clean, coarse and free from dust; and (d) footings must be a minimum of 450mm below ground level; and (e) the design must provide a minimum access width of 1.5 metres and must allow sufficient access for small earth moving machinery; and (f) the floor area must not be less than 28 square metres and must have a minimum ceiling height of 2.7 metres with an average ceiling height of 3 metres; and (g) walls must have a minimum length of 4 metres; and (h) the roofed area must not be less than 80 percent of the floor area; and (i) where a walk-in/walk-out stall abuts a boundary fence with a minimum height of 1.8 metres and built of masonry or other approved materials of similar or better quality, the walk- in/walk-out stall is not required to have a separation fence or railing 1.2 metres from the boundary; and (j) where a separation fence or railing is required then the relevant measurements for the 28 square metre area in subclause (8)(f) are to be taken from the separation fence or railing and not from the boundary of the adjoining property; and (k) on a corner lot, a walk-in/walk-out stall may be permitted to the street boundary, provided the boundary fence is 1.8 metres high and constructed of masonry or other material of similar or better quality; and (l) in all other respects subclause 4.19(1) must apply. (9) Any room used for the purpose of general administration or as sleeping quarters must as a minimum be separated from the stable premises by a door. 4.20 Yards and training/walking rings (1) Yards and training/walking rings must conform to the following requirements— (a) the site must be well drained with the highest known water table no closer than 1.2 metres below the ground or sand floor level, which may be achieved artificially; and (b) a bed of crushed, compacted limestone or any other proposed alternative acceptable to the local government, with a minimum thickness of 300mm, must be laid under the sand pad; and (c) whether natural or imported sand is used for the sand floor, it must be clean, coarse and free from dust; and (d) the floor area must not be less than 28 square metres and the side of each yard or training/walking ring must not be less than 4 metres in length; and (e) yards and training/walking rings must be provided with a separation fence or railing at a distance of not less than 1.2 metres from the boundary of any adjoining property not in the same ownership or occupation as the registered stable premises, except when in accordance with subclause (1)(g); and (f) if a separation fence or railing is provided to comply with subclause (1)(e), then the relevant measurements for the 28 square metre floor area in subclause (1)(d) are to be taken from the separation fence or railing and not from the boundary of the adjoining property; and (g) where a yard or training/walking ring abuts a boundary fence with a minimum height of 1.8 metres and built of masonry or other approved materials of similar or better quality, the yard or training/walking ring is not required to have a separation fence or railing 1.2 metres from the boundary; and (h) on a corner lot, yards and training/walking rings may be permitted to the street boundary, provided the boundary fence is 1.8 metres high and constructed of masonry or other material of similar or better quality. (2) Any roof erected over the whole or part of a yard or training/walking ring must have a minimum ceiling height of 2.7 metres with an average ceiling height of 3 metres. (3) A person must not keep a horse overnight in a yard. 4.21 Limitation of number of horses (1) A person must not keep more than the following number of horses on a property— (a) where the total area of the property is less than 900 square metres—six horses; and (b) where the total area of the property is between 900 and 1,400 square metres—six horses, plus an additional horse for every 50 square metres for which the total area of the property exceeds 900 square metres; and (c) where the property is in excess of 1,400 square metres—sixteen horses, plus an additional number of horses as approved by the local government. (2) Subclause (1) does not restrict the conditions which may be imposed by the local government under clause 10.2(1)(a). 4.22 Required minimum setbacks The structures identified in Column 1 of Table 1 must be set back in accordance with the required setbacks described in Column 2 of Table 1.

14 January 2021 GOVERNMENT GAZETTE, WA 199 Table 1 Column 1 Column 2 Structure Required Setback Stalls and walk-in/walk-out stalls No less than 6 metres from dwelling house on same property No less than 10 metres from dwelling house on adjacent property No less than 15 metres from commercial premises Yards and training/walking rings No less than 6 metres from dwelling house on same property No less than 10 metres from dwelling house on adjacent property No less than 15 metres from commercial premises Associated buildings—feed room, gear room, shoeing area, hosing down area, shelter or veterinary treatment room No less than 6 metres from dwelling house on same property No less than 10 metres from commercial premises No less than 10 metres from any habitable room of a dwelling house on adjacent property 4.23 Exemption for existing stable premises (1) Notwithstanding clause 4.22, the local government may vary or not apply the required setback between an existing structure described in Column 1 of Table 1 of clause 4.22 and any proposed building on an adjacent property. (2) Where an existing stable premises is demolished and new stable premises are proposed, the existing setbacks can be used but the setbacks cannot be less than those of the existing stable premises prior to demolition. (3) Where the exemption in subclause (2) is utilised, the owner of the stable premises must ensure that the new stable premises are built and are operational or capable of being in operation within 2 years of the demolition of the existing stable premises. 4.24 Waste receptacles (1) Every stable premises must have mobile or free-standing fly-proof waste receptacles of a size, number and construction approved by the local government. (2) All stable premises waste, and without limiting the generality of the foregoing, including soiled bedding and manure produced on the premises, must be placed into a waste receptacle approved by the local government for that purpose. (3) The contents of such receptacles must be removed from the stable premises at least once in every week and more often if required by written notice from the local government. (4) All reasonable steps must be taken to ensure that the lid of each receptacle is kept closed at all times except when depositing waste or during cleaning of the receptacle. (5) Receptacles in which waste is placed must not be situated closer than 10 metres from any habitable room on the same property or any premises or dwelling house on an adjacent property. 4.25 Feed storage Every stable premises must have impervious rodent-proof containers for the storing of horse feed. 4.26 Cleanliness standards The person in whose name a stable premises is registered must ensure that— (a) all manure and soiled bedding is swept up and placed in the approved waste receptacles at least once every day; and (b) all waste receptacles are kept in a sanitary condition and the contents of such receptacles removed in accordance with clause 4.24(3); and (c) any surface of any stable premises or associated building is promptly sprayed with an approved residual pesticide as required by written notice from the local government; and (d) any sand, wood shavings, sawdust or other materials are removed and replaced when impregnated with urine, manure or any other offensive matter; and (e) stable premises are kept in a clean and sanitary condition and as far as practicable, free from flies, rats, other vectors of disease and offensive odours. 4.27 Maintenance standards The person in whose name a stable premises is registered must ensure that— (a) the stable premises and associated buildings are maintained in good working order, sound weatherproof condition and are fit for use, including but not limited to— (i) roofs, walls, floors, guttering, downpipes and on-site storm water disposal systems; and (ii) doors and windows; and (b) fences, railings and gates in the stable premises and associated buildings are maintained in good working order and repair.

200 GOVERNMENT GAZETTE, WA 14 January 2021 4.28 Liability for default The person in whose name a stable premises is registered must ensure compliance with obligations imposed in this local law in respect of stable premises, but if in any case it appears some other person had direct involvement in a breach, the local government may in any such case take action for default against the person in whose name the stable premises is registered, by reason of that person having responsibility by reason of registration as the owner or occupier, or against the other person by reason of that person having direct responsibility for the breach. PART 5—FENCING 5.1 Terms used commercial lot means a lot where a commercial use— dangerous in relation to any fence means— (a) an electrified fence other than a fence in respect of which a written approval under Part 5 of this local law has been issued; or (b) a fence containing barbed wire other than a fence erected and maintained in accordance with this local law; or (c) a fence containing exposed broken glass, razor wire or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause. dividing fence has the same meaning as in the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric current; fence means any structure, including a retaining wall, used or functioning as a barrier, irrespective of where it is located and includes a gate in a fence or otherwise performing the function of a fence; frontage means the boundary line between a lot and the street which the lot abuts; height in relation to a fence means the vertical distance between— (a) the top of the fence at any point; and (b) the ground level or, where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; or industrial lot means a lot where an industrial use— open construction in reference to a fence, means a fence with not less than one third of the face of the fence being visually open for the total length of the fence; owner has the same meaning as in the Dividing Fences Act 1961; residential lot means a lot where a residential use— retaining wall means any structure which prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; setback has the same meaning as in the Residential Design Codes; sufficient fence means a fence described in clause 5.4. 5.2 Application (1) Subject to any requirements under a local planning scheme, Part 5 of this local law applies throughout the district. (2) Where there is any inconsistency between this local law and a local planning scheme, the provisions of the local planning scheme prevail. 5.3 Specified public place The following places are specified as a public place for the purpose of item 4(1) of Division 1 of

Schedule 3.1 of the LG Act— (a) a public place; and (b) local government property. 5.4 Sufficient fences (1) Unless by agreement between the owners of adjoining properties, an owner or occupier of a lot must not erect or permit the erection of a dividing fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), and any provision contained in a local planning scheme, a sufficient fence on a— (a) residential lot is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; or

14 January 2021 GOVERNMENT GAZETTE, WA 201 (b) commercial lot or an industrial lot is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (3) Where a fence is erected on or near the boundary between a residential lot and— (a) an industrial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; or (b) a commercial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (4) Unless the local government specifies otherwise a sufficient fence on a boundary between lots other than those specified in subclause (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 2. (5) Notwithstanding any other provisions in this local law, a fence constructed of brick, stone, concrete or any other masonry product or material will only be a sufficient fence if it is designed by a structural engineer where— (a) it is greater than 1800mm in height; or (b) the local government so requires. 5.5 Fences within front setback areas (1) A person must not, without the written consent of the local government, erect a fence greater than 1200mm in height, within the front setback area of a residential lot. (2) The local government may approve the erection of a fence of a height greater than 1200mm in the front setback area of a Residential Lot only if the fence on each side of the driveway into the lot across the front boundary is to be angled into the lot for a distance of not less than 1500mm along the frontage to a distance of not less than 1500mm from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a street. (3) In the case of a fence across the front boundary of a residential lot— (a) the fence must be of open construction, and where the fence includes or is constructed on a retaining wall, that portion of the fence above the retaining wall must be of open construction; and (b) where the fence includes a retaining wall, the height of the fence above the retaining wall must not exceed 1200mm. (4) A fence across or near the front boundary of a residential lot must not be constructed of corrugated fibre cement sheeting, pre-painted steel sheeting or similar material whether as a singular method of construction or as part of a composite fence. (5) Subclause (3) does not apply in respect of a fence lawfully erected under a written law prior to the coming into operation of this local law. 5.6 Maintenance of fences An owner and an occupier of a lot on which a fence is erected must maintain the fence in good condition and so as to prevent it from becoming dangerous, dilapidated, or unsightly. 5.7 General discretion of the local government (1) Notwithstanding clause 5.4, the local government may consent to the erection or repair of a fence which does not comply with the requirements of this local law. (2) In determining whether to grant its consent to the erection or repair of any fence, the local government may consider, in addition to any other matter that it is authorised to consider, whether the erection or retention of the fence would have an adverse effect on the— (a) safe or convenient use of any land; or (b) safety or convenience of any person. 5.8 Fencing materials (1) A person must construct a fence on a residential lot, a commercial lot or an industrial lot from only brick, stone, concrete, wrought iron, tubular steel, link mesh, timber, plastic coated or galvanized link mesh, corrugated fibre reinforced cement sheeting, pre-painted steel sheeting or other material approved by the local government. (2) Where the local government approves the use of pre-used materials in the construction of a fence under subclause (1), that approval may be conditional on the applicant painting or treating the pre- used material as directed by the local government. 5.9 Prohibited fencing materials In constructing a fence a person must not use— (a) broken glass or any other potentially harmful projections or material; or (b) material that is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause. 5.10 Fencing materials requiring permission (1) An owner or occupier of a lot must not construct a— (a) barbed wire fence; or (b) electrified fence; or (c) razor wire fence, without the permission of the local government.

202 GOVERNMENT GAZETTE, WA 14 January 2021 (2) Permission for a barbed wire fence or other materials with spiked or jagged projections is not to be granted unless— (a) such barbed wire or other materials with spiked or jagged projections are carried on posts such that the bottom row of wire or other materials is not nearer than 2000mm from the ground level; and (b) such barbed wire or other materials with spiked or jagged projections are carried on posts with the top set at an angle of 45 degrees, and the bottom row of wire or other materials is set back 150mm from the face of the fence and is not nearer than 2000mm from the ground level; and (c) posts which carry such barbed wire or other materials with spiked or jagged projections are angled towards the outside of the lot bounded by the fence so that the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach on adjoining land. (3) Permission to have or use an electrified fence will not be granted where— (a) the property is a residential lot or abuts a residential lot; or (b) the fence does not comply with AS/NZS 3016:2002 as amended from time to time; or (c) the fence is rendered operable during the hours of business operations, if any, on the lot where it is erected. (4) Permission to have a fence constructed wholly or partly of razor wire will not be granted— (a) if the fence is within 3 metres of the boundary of the lot; or (b) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. (5) An application for permission referred to in subclause (2), (3) or (4) must be made by the owner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of the owner. 5.11 Transfer of approval A written approval referred to in clause 5.10 passes with the land to any new owner or to any new occupier of the lot, as the case may be. 5.12 Cancellation of approval The local government may cancel a written approval issued under this Part if— (a) a fence given written approval no longer satisfies the requirements specified in subclause 5.10(2) or 5.10(3) as the case may be; or (b) the owner or occupier breaches any condition upon which the written approval was issued. 6.1 Terms used In this Part unless the context otherwise requires— amusement means anything usually conducted for amusement at a fair, carnival or show, whether conducted at a fair, carnival, show or elsewhere; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic matter and sand, but does not include smoke; equipment means equipment, machinery or vehicles used for or in connection with the development of land; retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods; truck means a vehicle having a tare in excess of 3,000 kgs; 6.2 Nuisance (1) A person must not, on any local government property— (a) engage in any undertaking or activity or conduct any business in such a manner as to cause or permit the emission of dust, fumes, light, liquid waste, noise, odour, smoke or vibrations so as to create a nuisance; or (b) behave in a manner which is likely to interfere with the enjoyment of a person who might use the local government property or interfere with the enjoyment of a person using the local government property; or (c) use anything or do any other thing so as to create a nuisance. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. 6.3 Amusement activities (a) provide or conduct any amusement on land so as to create a nuisance; or (b) erect a structure for public amusement or for any performance, whether for gain or otherwise, without the permission of the local government.

14 January 2021 GOVERNMENT GAZETTE, WA 203 6.4 Emission or reflection of light An owner or occupier of land must ensure that— (a) artificial light is not emitted or reflected from anything on a lot so as to illuminate land outside the lot to more than 50 lux or so as to create or be a nuisance to any person; or (b) natural light is not reflected from anything on a lot so as to create or be a nuisance to any person. 6.5 Notice of reflective surface or lighting The local government may give written notice to the owner or occupier of a lot— (a) requiring that any reflective surfaces creating a nuisance within clause 6.4(b) be painted or otherwise treated so as to abate the nuisance; or (b) on which artificial lights are erected, requiring that the— (i) hours of use of the lighting be limited to the hours specified in the notice; or (ii) direction or angle in which the lights are shining be altered as specified in the notice. 6.6 Truck noise from residential land A person must not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 10pm and 7am on the following day without first obtaining the written consent of the local government. 6.7 Disposing of disused refrigerators or similar containers A person must not place, leave or dispose of a disused refrigerator, icechest, icebox, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first— (a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or (b) rendering every door and lid incapable of being fastened. 6.8 Shopping trolley to be marked (1) A retailer must clearly mark its name or its trading name on any shopping trolley made available for the use of customers. (2) In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on it. 6.9 Person not to abandon shopping trolley A person must not leave a shopping trolley at a place other than— (a) on the premises of the retailer whose name is marked on the shopping trolley; or (b) in an area set aside for the storage of shopping trolleys by the retailer whose name is marked on it. 6.10 Retailer to remove abandoned shopping trolley (1) If a shopping trolley is found— (a) in a public place; or (b) on local government property; or (c) on private property without the permission of the retailer whose name is marked on the shopping trolley, other than in an area set aside for the storage of shopping trolleys, the local government may notify a retailer whose name is marked on the shopping trolley of the location of the shopping trolley. (2) If a shopping trolley is found within the restricted areas highlighted in Schedule 3, other than in an area set aside for the storage of shopping trolleys, the local government may notify a retailer whose name is marked on the shopping trolley of the location of the shopping trolley. (3) A retailer must remove a shopping trolley within 24 hours of being notified of the location of the shopping trolley under subclause (1)(a) or (1)(b) or within 3 hours of being notified under subclause (2). 6.11 Measures to prevent release of dust or liquid waste Any owner or occupier of land and any person responsible for the release of dust or liquid waste on land must take measures which are effective to— (a) stabilise dust on the land; and (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind, water or any other cause; and (d) ensure that no dust or liquid waste enters a stormwater drain or stormwater soakwell, regardless of whether the stormwater drain or stormwater soakwell is located on the land; and (e) notify the owners or occupiers of adjacent land in writing 48 hours prior to the commencement of any activity that has the potential to cause the release or escape from the land of dust or liquid waste giving details of the— (i) nature of the activity; and

204 GOVERNMENT GAZETTE, WA 14 January 2021 (ii) proposed time and location of the activity; and (iii) name of the person responsible for carrying out the activity and how and where that person may be contacted. 6.12 Notice of dust or liquid waste release (1) Where the local government or an authorised person forms the opinion that— (a) a person has not complied with subclause 6.11(a) or 6.11(b); or (b) dust or liquid waste has been released or escaped from the land or into a stormwater drain or stormwater soakwell, the local government or an authorised person may give written notice requiring the owner, occupier or a person responsible for the release of the dust or liquid waste to— (i) comply with subclause 6.11(a) or 6.11(b); or (ii) clean up and properly dispose of any released or escaped dust or liquid waste; or (iii) clean up and make good any damage resulting from the released or escaped dust or liquid waste; or (iv) take effective measures to stop any further release or escape of dust or liquid waste. (2) The requirements set out in a notice issued under subclause (1) must be complied with— (a) within 48 hours of service of the notice where no other time is specified; or (b) within such other period as is specified in the notice; or (c) immediately, if the notice so specifies. 6.13 Notice to cease work (1) Where the local government or an authorised person forms the opinion that dust or liquid waste has escaped or been released by reason of an activity undertaken on land or as a consequence of the use of equipment on land, the local government or authorised person may direct, either orally or in writing, notice to the owner, occupier or person responsible for the release of the dust or liquid waste, requiring that the activity or use of the equipment on the land be ceased immediately. (2) A notice under subclause (1) may be given to any or all owners, occupiers or persons responsible for the release of the dust or liquid waste. 6.14 Notice of potential dust or liquid waste release Where the local government or an authorised person is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried on upon any land, the local government or an authorised person may give written notice to the owner, occupier or person responsible for the potential release of dust or liquid waste requiring that the activity only be carried on subject to conditions specified in the notice. 6.15 Revocation of notice (1) Where a notice is given to the owner, occupier or person responsible for the release of the dust or liquid waste and the owner, occupier or person responsible for the release of the dust or liquid waste satisfies the local government or an authorised person within 48 hours, or by such other period as is specified in the notice from the date of giving of the notice that— (a) they were not responsible for the conduct in respect of which the notice was given pursuant to clause 6.12, or the activity in respect of which a notice was given pursuant to clause 6.13, as the case may be; and (b) they took all reasonable precautions to prevent the conduct or activity, as the case may be; and (c) where another person was responsible for the conduct or activity, they identify the person responsible for the conduct or activity sufficiently to enable the notice to be issued to that person, the local government or an authorised person may revoke the notice. (2) Clause 6.15(1) shall not apply where a notice is issued to which subclause 6.12(2)(c) applies. 7.1 Terms used acceptable hard surface material means any material which will create a hard surface, and which is approved by the local government; garden means any part of the verge planted, developed or treated, otherwise than as a lawn, with 1 or more plants but does not include the planting of a tree; lawn means any part of a verge or street which is planted only with grass, or a similar plant; permissible verge treatment means a treatment described in clause 7.5, and includes reticulation pipes and sprinklers installed for the purpose of the treatment; verge tree means a woody perennial plant generally having a single stem or trunk which will grow to a height of approximately 4 metres or higher and is located on a verge.

14 January 2021 GOVERNMENT GAZETTE, WA 205 7.2 General prohibitions (a) plant a tree on any verge or other local government property; or (b) cut, prune, lop, damage, poison, remove or kill any tree or part of a tree on local government property; or (c) plant any plant or sow seeds on local government property unless installing or maintaining a permissible verge treatment; or (d) damage a lawn or a garden on local government property, or remove any plant or part of a plant from a lawn or a garden on local government property, unless the person is the owner or the occupier of the lot abutting the relevant portion of the local government property, and the lawn or the garden or the particular plant has not been installed, planted or maintained by the local government; or (e) install, place or keep on a verge any impervious material, synthetic turf, impervious synthetic membrane or other synthetic material. 7.3 Activities requiring permission A person must not, without the permission of the local government— (a) fell any tree on or across local government property; or (b) alter the level or gradient of a verge; or (c) unless installing or in order to maintain a permissible verge treatment— (i) lay pipes on or under any footpath or kerb or provide taps on any verge; or (ii) place or install anything on any part of a verge, and without limiting the generality of the foregoing, including any gravel, stone, flagstone, cement, concrete slab, block, pebbles, plastic sheeting, kerbing, bark, woodchips or sawdust. 7.4 Notice to redirect or repair sprinkler Where a sprinkler or other watering equipment is used on land abutting local government property in a manner which causes or may cause an inconvenience or obstruction to any person using the local government property, the local government may give written notice to the owner or the occupier of the abutting land, requiring the direction of the sprinkler or other watering equipment to be redirected or removed. 7.5 Permissible verge treatments (1) The owner or occupier of land abutting any part of a verge may on that part of the verge install the following permissible verge treatments— (a) lawn; (b) a garden provided that— (i) clear visibility is maintained at all times for a person using the abutting land or using a driveway on adjacent land; and (ii) plants are maintained at a height of no more than 750mm; and (iii) where there is no footpath, a person has safe and clear access over a minimum width of 1.5 metres along that part of the verge abutting the kerb; and (iv) vegetation except for lawn, is not placed within 1.5 metres of a bus stop; and (v) only mulch, lawn and shrubs are placed within a 1.5 metre radius of the trunk of a verge tree; and (vi) plants are not a declared weed, poisonous, prickly in nature, or likely to cause a nuisance; and (vii) it does not cover or obstruct any man hole, gully or inspection pit which is serviced by a public utility provider or the local government; (c) irrigation pipes and sprinklers not permanently fixed above the ground and— (i) connected from a water supply within the abutting land; and (ii) laid beneath the surface of the verge to a depth of 300mm; and (iii) not protruding above the surface of the lawn or garden including fittings and sprinkler heads; and (iv) having the water flow controlled through valves located within the abutting land; and (v) where connected to public water supply mains, comply with the requirements of the authority responsible for the public water supply; and (vi) positioned to ensure that water does not spray on either footpaths or carriageways; and (vii) not laid any closer than 1.5 metres of an existing verge tree; (d) an acceptable hard surface material over no more than one third of the verge, excluding the crossover, provided that— (i) the length of the front lot boundary, adjacent to the road, is greater than 12 metres; and (ii) the balance of the verge area is maintained as garden or lawn; and (iii) an area of open space a minimum of 1.5 metres in diameter is made available for the future installation of a verge tree where one does not already exist; and (iv) hard surfaces are set back a minimum of 1.5 metres, from the trunk of any verge tree.

206 GOVERNMENT GAZETTE, WA 14 January 2021 (2) A person may with the permission of the local government install an acceptable hard surface material over the entire verge where— (a) the width of the verge is less than 1 metre not including the width of the footpath; or (b) there are isolated remnant portions of verge less than 4 square metres in area on which it is not practicable to maintain natural lawn and garden. 7.6 Only permissible verge treatments to be installed (1) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (2) The owner and the occupier of the lot abutting a verge treatment referred to in subclause (1) is each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 7.7. 7.7 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment must— (a) keep the permissible verge treatment in a good, tidy and safe condition; and (b) ensure that the verge treatment does not obstruct or encroach upon a footpath or a carriageway adjoining the verge; and (c) ensure that the verge treatment does not otherwise cause a nuisance to any pedestrian or other person. 7.8 Transitional provision former provisions means the local law of the local government which permitted certain types of verge treatments, whether with or without the consent of the local government, and which was repealed by this local law. (2) A verge treatment which— (a) was installed prior to the commencement date; and (b) on the commencement date is a type of permissible verge treatment which was permitted under and complied with the former provisions, is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions. 7.9 Power to carry out public works on verge Where the local government disturbs a verge, the local government— (a) is not liable to compensate any person for that disturbance; and (b) may backfill with sand, if necessary, any garden or lawn on the verge; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable hard surface material or other hard surface; or (ii) sprinkler, pipe or other reticulation equipment. 8.1 Terms used advertising sign means any sign, notice, structure, banner or other similar device used for the purpose of advertising or promoting any goods, services, person, body or other thing, or for displaying information about the same; home business has the same meaning as in the local planning scheme; home occupation has the meaning given to it in the local planning scheme; portable sign means a portable free standing sandwich board or “A” frame advertising sign or other device or thing, designed, intended or used for advertising, and not permanently attached to the ground or to a structure, wall, fence or building; real estate directional sign means a small temporary sign erected within the boundaries of a road reserve for the purpose of directing people to a specific address for a specified time to view real estate for sale, auction, lease or open for display or inspection. 8.2 Signs erected by the local government (1) The local government may erect a sign in a public place or on local government property specifying any conditions of use which apply to that place or property. (2) A person must comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law.

14 January 2021 GOVERNMENT GAZETTE, WA 207 8.3 Transitional Where a sign erected in a public place has been erected under a local law of the local government repealed by this local law, then on and from the commencement date, it is to be taken to be a sign erected under clause 8.2 if— (a) the sign specifies a condition of use relating to the public place which gives notice of the effect of a provision of this local law; and (b) the condition of use specified is not inconsistent with any provision of this local law. 8.4 Unauthorised signs and defacing of signs A person must not without the permission of the local government— (a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited by the local government; or (b) remove, deface or misuse a sign or property, set up or exhibited by the local government or attempt to do any such act; or (c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set up or exhibited by the local government. 8.5 Advertising signs A person must not, without the permission of the local government— (a) erect or place an advertising sign; or (b) post any bill or paint, place or affix any advertisement; or (c) place any other sign whatsoever, on local government property. 8.6 Impounding of advertising signs An authorised person may remove or impound an advertising sign or any other sign or thing that is on local government property in contravention of this local law. 8.7 Portable signs the business means a business on premises directly adjacent to the local government property on which a portable sign is located for that business. (2) Notwithstanding clause 8.5 permission is not required in respect of a portable sign placed on a footpath which— (a) neither exceeds 1 metre in height nor 1 square metre in area per face; and (b) is the only sign on local government property advertising the business; and (c) only promotes the business or contains content that relates to the business; and (d) is of sound construction and maintained in a good condition; and (e) is kept clean and free from unsightly matter including any offensive words or representations; and (f) is removed at the close of business each day and not erected again until the commencement of business on a subsequent trading day; and (g) does not create a nuisance or interfere, obstruct or impede vehicular or pedestrian traffic; and (h) has a maximum of 2 facing sides; and (i) is erected so as not to be moveable by wind or natural forces; and (j) is positioned— (i) immediately adjacent to the shop front and where possible within 7 metres of the business premises; and (ii) no less than 500mm from the edge of a kerb; and (iii) so as to maintain a minimum 2 metre clearway for pedestrians; and (k) is not— (i) illuminated, rotating or flashing; or (ii) displayed on a carriageway, median strip or roundabout; or (iii) attached to any street furniture or natural feature including a tree; or (iv) attached to or obscuring any other sign; or (v) in any other location where, in the opinion of the local government, the sign is likely to obstruct lines of sight along a street or cause danger to any person using the street. (3) The business must have in effect and maintain a public liability insurance policy in an amount not less than $20,000,000.00 against claims for personal injury and property damage resulting from the display of the portable sign. (4) Clause 8.7 does not apply to a home business or home occupation. 8.8 Real estate directional signs (1) Notwithstanding clause 8.5 permission is not required in respect of a real estate directional sign which— (a) is no larger than 0.3 square metres in face area; and

208 GOVERNMENT GAZETTE, WA 14 January 2021 (b) has a maximum of 2 facing sides; and (c) is freestanding and self-supporting; and (d) contains the date, opening time, closing time and address of the relevant property; and (e) is placed no more than 2 hours prior to the advertised opening time and removed within 2 hours of the advertised closing time; and (f) does not create a nuisance or interfere, obstruct or impede vehicular or pedestrian traffic; and (g) is not— (i) displayed on a footpath, carriageway, median strip, roundabout, park or foreshore; or (ii) attached to or obscuring any other sign; or (iii) attached to any street furniture or natural feature including a tree. (2) A maximum of only 4 real estate directional signs for each advertised address may be erected at any one time. (3) No more than 1 real estate directional sign for each advertised address may be placed at the same intersection. (4) The owner of a real estate directional sign must have in effect and maintain a public liability insurance policy in an amount not less than $20,000,000.00 against claims for personal injury and property damage resulting from the display of the real estate directional sign. PART 9—TRADING IN PUBLIC PLACES, STALLHOLDERS, PUBLIC PERFORMERS AND OUTDOOR EATING FACILITIES 9.1 Terms used Competition Principles Agreement means the Competition Principles Agreement executed by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April 1995; furniture means chairs, tables, waiter’s stations, planter boxes, umbrellas, screens, barriers, awnings, portable gas heaters and any other structure set up in outdoor dining areas; outdoor dining area means an area in which furniture is provided, on local government property, for the purpose of facilitating the supply or consumption of food or beverages or both by the public; outdoor dining area permit means a permit issued to the operator of an outdoor dining area; perform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic display or otherwise entertain, but does not include public speaking; permitted area means the area or areas, specified in a permit, in which the permit holder may perform; permitted time means the time or times, specified in a permit, during which the permit holder may perform; public place includes— (a) any place which the public are allowed to use whether or not the place is on private property; and (b) local government property, but does not include premises on private property from which trading is lawfully conducted under a written law; stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold, hired or offered for sale or hire; stallholder means a person in charge of a stall; stallholder’s permit means a permit issued to a stallholder; street performer permit means a permit issued to a person to perform on local government trader means a person who carries on trading; trader’s permit means a permit issued to a trader; and trading includes— (a) the selling or hiring of, the offering for sale or hire of, or the soliciting of orders for goods or services in a public place; (b) displaying goods in any public place for the purpose of— (i) offering them for sale or hire; or (ii) inviting offers for their sale or hire; or (iii) soliciting orders for them; or (iv) carrying out any other transaction in relation to them; (c) the going from place to place, whether or not public places, and— (i) offering goods or services for sale or hire; or

14 January 2021 GOVERNMENT GAZETTE, WA 209 (ii) inviting offers or soliciting orders for the sale or the hire of goods or services; or (iii) carrying out any other transaction in relation to goods or services, but does not include— (d) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (e) the selling or the offering for sale of goods or services to, or the soliciting of orders for goods or services from a person who sells those goods or services; (f) the selling or hiring or the offering for sale or hire of— (i) goods by a person who represents a manufacturer of the goods; or (ii) services by a person who represents a provider of the services, which are not sold directly to consumers, and are not sold by retail through a shop. 9.2 Stallholder’s permit A person must not conduct a stall in a public place unless that person is— (a) the holder of a valid stallholder’s permit; or (b) an assistant specified in a valid stallholder’s permit. 9.3 Trader’s permit (1) A person must not carry on trading unless that person is— (a) the holder of a valid trader’s permit; or (b) an assistant specified in a valid trader’s permit. (2) The conditions subject to which the local government may approve an application for a trader’s permit may include that the permit holder is permitted to remain at a particular location for as long as there is a customer making a purchase, but if there is no customer making a purchase the permit holder must move on from that location within two minutes of the last purchase having been made. 9.4 Relevant considerations in determining application for stallholder’s or trader’s permit (1) In determining an application for a stallholder’s or trader’s permit the local government is to have regard to— (a) any relevant policies of the local government; and (b) the desirability of the proposed activity; and (c) the location of the proposed activity; and (d) the principles set out in the Competition Principles Agreement; and (e) such other matters as the local government may consider to be relevant in the circumstances (2) The local government may refuse to approve an application for a stallholder’s or trader’s permit on any one or more of the following grounds— (a) that the applicant has committed a breach of any provision of this local law or of any written law relevant to the activity in respect of which the permit is sought; (b) that— (i) the applicant is an undischarged bankrupt or is in liquidation; or (ii) the applicant has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been appointed in relation to any part of the applicant’s undertakings or property; or (c) such other grounds as the local government may consider to be relevant in the circumstances 9.5 Conditions of stallholder’s or trader’s permit (1) If the local government approves an application for a stallholder’s or trader’s permit subject to conditions, those conditions may include— (a) the place, the part of the district, or the local government property to which the permit applies; or (b) the days and hours during which a permit holder may conduct a stall or trade; or (c) the number, type, form and construction, as the case may be, of any stand, furniture, structure or vehicle which may be used in conducting a stall or in trading; or (d) the goods or services in respect of which a permit holder may conduct a stall or trade; or (e) the number of persons and the names of persons permitted to conduct a stall or trade; or (f) the requirement for personal attendance at the stall or the place of trading by the permit holder and the nomination of assistants, nominees or substitutes for the permit holder; or (g) a prohibition or restriction concerning— (i) the causing or making of any noise or disturbance which is likely to be a nuisance to persons in the vicinity of the permit holder; or (ii) the use of amplifiers, sound equipment or sound instruments; or (iii) the use of signs; or (iv) the use of any lighting apparatus or device; or

210 GOVERNMENT GAZETTE, WA 14 January 2021 (h) the manner in which the permit holder’s name and other details of a valid permit are to be displayed; or (i) the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure; or (j) the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on; or (k) the acquisition and maintenance by the stallholder or trader of public liability insurance; or (l) the period for which the permit is valid; or (m) the designation of any place or places where trading is wholly, or from time to time, prohibited by the local government. (2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this local law, the local government may at the request of that permit holder authorise another person to be a nominee of the permit holder for a specified period, and this local law and the conditions of the permit are to apply to the nominee as if he or she was the permit holder. 9.6 Exemptions from requirement to pay fee or to obtain a stallholder’s or trader’s permit charitable organisation means an institution, association, club, society or body whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which no member receives any pecuniary benefit except where the member is an employee or the benefit is an honorarium; and commercial participant means any person who is involved in operating a stall or in conducting any trading activity for personal gain or profit. (2) The local government may waive any fee required to be paid by an applicant for a stallholder’s permit or a trader’s permit on the making of an application for, or on the issue of, a permit, or may return any such fee which has been paid, if the stall is conducted or the trading is carried on— (a) on a portion of a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation, or (c) by an individual or commercial participant for the sole purpose of raising money for a charitable organisation, with the written consent of the charitable organisation. (3) The local government may vary or waive the fee to obtain a stallholder’s or trader’s permit. (4) The local government may exempt a person or a class of persons, whether or not in relation to a specific public place, from the requirement of obtaining a stallholders or traders permit. 9.7 Conduct of stallholders and traders (1) A stallholder whilst conducting a stall or a trader whilst trading must— (a) display a valid permit to do so in a conspicuous place on the stall, vehicle or temporary structure or if there is no stall, vehicle or temporary structure, must carry the permit in their physical possession; and (b) not display a permit unless it is a valid permit. (2) A stallholder or trader must not— (a) deposit or store anything so as to obstruct the movement of pedestrians or vehicles; or (b) act in an offensive manner or create a nuisance; or (c) use or cause to be used any apparatus or device including any flap or shelf, whereby the dimensions of a stall, vehicle or structure are increased beyond those specified in the permit; or (d) in the case of a trader, carry on trading from a public place, unless there is parking available for customers’ vehicles. 9.8 Street performer permit (1) A person must not perform on local government property unless that person is the holder of a valid street performer permit. (2) An authorised person may direct the holder of a street performer permit to cease performing. 9.9 Variation of permitted area and permitted time to perform (1) The local government may give written notice to the holder of a street performer permit to vary— (a) the permitted area; or (b) the permitted time; or (c) both the permitted area and the permitted time, shown on a permit. 9.10 Cancellation of street performer permit An authorised person may cancel a street performer permit if the permit holder’s performance adversely affects the enjoyment, convenience or comfort of other persons in a public place, or if, the performance otherwise constitutes a nuisance or is deemed offensive.

14 January 2021 GOVERNMENT GAZETTE, WA 211 9.11 Conduct of street performer The holder of a street performer permit must not— (a) act in a manner likely to cause offence to any person; or (b) place, install, erect, play or use any musical instrument or any device which emits sound, including a loud speaker or an amplifier— (i) other than in the permitted area; and (ii) unless the musical instrument or device is specified in the permit. 9.12 Permit required to conduct an outdoor dining area A person must not establish or conduct an outdoor dining area on local government property without an outdoor dining area permit. 9.13 Considerations for determining an application for an outdoor dining area permit In determining an application for an outdoor dining area permit the local government is to have regard to whether— (a) the outdoor dining area is conducted in conjunction with and as an extension of food premises which abut the outdoor dining area, and whether the applicant is the person conducting such food premises; and (b) any abutting food premises are registered in accordance with the Food Act 2008 and whether the use of the premises is permitted under the local planning scheme; and (c) the outdoor dining area will comply with other local laws; and (d) users of the outdoor dining area will have access to proper and sufficient sanitary and ablutionary conveniences; and (e) the outdoor dining area would— (i) obstruct the visibility or clear lines of sight at an intersection; or (ii) impede pedestrian access; and the furniture and other equipment to be used may obstruct or impede the use of the public place for the purpose for which it was designed; and (f) any advertising will be placed on furniture or within the outdoor dining area; and (g) the use of the proposed outdoor dining area is likely to cause a nuisance; and (h) any other matters considered by the local government to be relevant in the circumstances of the case. 9.14 Conditions of outdoor dining area permit If the local government approves an application for an outdoor dining area permit subject to conditions, those conditions may include the— (a) place, the part of the district, or the local government property to which the permit applies; or (b) days and hours during which a permit holder may conduct an outdoor dining area; or (c) number, type, form, construction, and location as the case may be, of any furniture which may be used in conducting an outdoor dining area; or (d) requirement of a 1.5 metre clearway; and must include acquisition and maintenance by the outdoor dining area permit holder of public liability insurance. 9.15 Conduct of an outdoor dining area permit holder (1) The permit holder for an outdoor dining area permit must— (a) ensure that the outdoor dining area is conducted at all times in accordance with the provisions of this local law and any other local law; and (b) ensure that the outdoor dining area is kept in a clean and tidy condition at all times; and (c) store, place and remove any furniture in accordance with the requirements of the permit; and (d) maintain any furniture and other structures in the outdoor dining area in a good, clean and serviceable condition at all times; and (e) be responsible for costs associated with the permit holders removal, alteration, repair, reinstatement or reconstruction of any part of the outdoor dining area. (2) Whenever, in the opinion of the local government, any work is required to be carried out to an outdoor dining area, the local government may give written notice to the permit holder for the outdoor dining area to carry out that work within the time limited by the notice. (3) In subclause (2), work includes the alteration, repair, reinstatement reconstruction or removal of any part of a public place or other thing arising from or in connection with the setting up or conduct of an outdoor dining area. 9.16 Removal of an outdoor dining area unlawfully conducted Where an outdoor dining area is conducted without a permit or in contravention of a condition of a permit, any furniture or other equipment or thing may be removed by an authorised person and impounded in accordance with the LG Act.

212 GOVERNMENT GAZETTE, WA 14 January 2021 9.17 Use of an outdoor dining area by public (1) A person must not use the furniture or equipment in an outdoor dining area which is the subject of a permit unless the person uses them for the purpose of consuming food or beverage, or both, provided by the operator of an outdoor dining area. (2) A person must leave an outdoor dining area when requested to do so by the permit holder. 9.18 Temporary removal of outdoor dining area may be requested (1) The permit holder for an outdoor dining area is to temporarily remove the outdoor dining area when requested to do so on reasonable grounds by an authorised person or a member of the Police Service or emergency service. (2) The permit holder for an outdoor dining area may replace the outdoor dining area removed under subclause (1) as soon as the person who directed the removal allows it to be replaced. 10.1 Application for permit (1) For the purpose of this Part, the term “permit” includes any permit, licence, registration, consent, authority, approval, permission or exemption. (2) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (3). (3) An application for a permit under this local law must— (a) be in the form determined by the local government; and (b) be signed by the applicant unless the form, or in the absence of a form, the local government’s requirement, is to the contrary; and (c) provide the information required by the form, or in the absence of a form, as required by the local government; and (d) be lodged with or forwarded to the local government together with any fee provided for in the Fees Schedule. (4) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (5) The local government may require an applicant to give local public notice of the application for a permit. (6) The local government may refuse to consider an application for a permit which is not in accordance with subclause (3), (4) or (5). 10.2 Decision on application for permit (1) The local government may— (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant a permit in the form, if any, determined by the local government. (3) If the local government refuses to approve an application for a permit, as soon as practicable after the decision is made, the local government is to give to the applicant written notice of that refusal, including the reasons for the refusal. (4) Where a clause of this local law refers to conditions which may be imposed on a permit or which are to be taken to be imposed on a permit, the clause does not limit the power of the local government to impose other conditions on the permit under subclause (1)(a). (5) Where a clause of this local law refers to the grounds on which an application for a permit may be or is to be refused, the clause does not limit the power of the local government to refuse the application for a permit on other grounds under subclause (1)(b). 10.3 Conditions which may be imposed on a permit (1) Without limiting the generality of clause 10.2(1)(a), the local government may approve an application for a permit subject to conditions relating to— (a) the payment of a fee; and (b) the duration and commencement of the permit; and (c) the commencement of the permit being contingent on the happening of an event; and (d) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; and (e) the approval of another application for a permit which may be required by the local government under any written law; and (f) the area of the district to which the permit applies; and (g) where a permit is issued for an activity which will or may cause damage to a public place or local government property, the payment of a deposit or bond against such damage; and (h) the obtaining of public liability insurance in an amount and on terms reasonably required by the local government; and

14 January 2021 GOVERNMENT GAZETTE, WA 213 (i) the provision of an indemnity from the permit holder indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the use of the public place by the permit holder; and (j) compliance with a standard or a policy of the local government adopted by the local government; and (k) such other matters as the local government may consider to be relevant in the circumstances (2) Without limiting clause 10.2(1)(a) and subclause (1) of this clause, the following paragraphs indicate, without purporting to be comprehensive, the type and content of the conditions on which a permit to hire local government property may be issued— (a) when fees and charges are to be paid; and (b) payment of a bond against possible damage or cleaning expenses or both; and (c) restrictions on the erection of material or external decorations; and (d) rules about the use of furniture, plant and effects; and (e) limitations on the number of persons who may attend any function in or on the local government property; and (f) the duration of the hire; and (g) the right of the local government to cancel a booking during the course of an annual or seasonal booking, if the local government sees fit; and (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act 1988; and (i) whether or not the hire is for the exclusive use of the local government property; and (j) the obtaining of a policy of insurance in the names of both the local government and the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer; and (k) the provision of an indemnity from the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer. 10.4 Imposing conditions under a policy policy means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 10.2(1)(a). (2) The local government may approve an application subject to conditions by reference to a policy. (3) Sections 5.94 and 5.95 of the LG Act shall apply to a policy and for that purpose a policy is to be taken to be information within section 5.94(u)(i) of the LG Act. 10.5 Compliance with and variation of conditions (1) Where an application for a permit has been approved subject to conditions, or where a permit is to be taken to be subject to conditions under this local law, the permit holder must comply with each of those conditions. (2) Upon application for the renewal, variation or transfer of a permit, the local government may vary the terms of the permit, or of any condition, and may cancel any condition or impose new conditions, or may on reasonable grounds refuse to renew, vary or transfer the permit. 10.6 Duration of permit A permit is valid for 1 year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the permit; or (b) cancelled under clause 10.9. 10.7 Transfer or renewal of permit (1) An application for the transfer or renewal of a valid permit is to— (a) be made in writing; and (b) be signed by the permit holder and in the case of a transfer, be signed also by the proposed transferee of the permit; and (c) provide such information as the local government may require to enable the application to be determined; and (d) be lodged with or forwarded to the local government together with any fee provided for in the Fees Schedule. (2) The local government may— (a) approve an application for the transfer or renewal of a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for the transfer or renewal of a permit for reasons supplied in the notice of determination. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by issuing to the transferee a permit in the form determined by the local government.

214 GOVERNMENT GAZETTE, WA 14 January 2021 (4) Where the local government approves an application for the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. (5) An application for renewal of a permit must be made prior to the expiry of the permit. 10.8 Production of permit A permit holder is to produce to an authorised person their permit immediately upon being required to do so by that authorised person. 10.9 Cancellation of permit (1) Subject to clause 10.12, a permit may be cancelled by the local government on any one or more of the following grounds— (a) the permit holder has not complied with— (i) a condition of the permit; or (ii) a provision of any written law which may relate to the activity regulated by the permit; or (b) if it is relevant to the activity regulated by the permit— (i) the permit holder has become bankrupt, or gone into liquidation; or (ii) the permit holder has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager is appointed in relation to any part of the permit holder’s undertakings or property. (2) On the cancellation of a permit the permit holder— (a) must return the permit as soon as practicable to the local government; and (b) is to be taken to have forfeited any fees paid in respect of the permit. 10.10 Agreement for building Where a person applies for a permit to erect a building on local government property the local government may enter into an agreement with the permit holder in respect of the ownership of the materials in the building. 10.11 Responsibilities of permit holder A holder of a permit must in respect of local government property to which the permit relates take reasonable steps to— (a) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the property or enforcing any provision of this local law; and (b) leave the local government property in a clean and tidy condition after its use; and (c) report any damage or defacement of the local government property to the local government; and (d) prevent the consumption of any liquor on the local government property unless the permit allows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose. 10.12 Application of Part 9, Division 1 of the LG Act objections and review (1) Subject to subclause (2), when the local government makes a decision as to whether it will— (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 sections 9.1 to 9.9 of the LG Act and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision. (2) Subclause (1) does not apply to Part 12 except for— (a) an approval under clause 12.7(b); (b) an exemption under clause 12.8(2); (c) an approval under clause 12.9(b); (d) an approval under clause 12.10(1); (e) an authorisation under clause 12.11(1)(c); (f) an approval under clause 12.11(2); and (g) an approval under clause 12.12. PART 11—VEHICLES AND PARKING 11.1 Terms used bicycle lane has the same meaning as in the Road Traffic Code 2000 bicycle path has the same meaning as in the Road Traffic Code 2000; bus has the same meaning as in the Road Traffic Code 2000; bus embayment has the same meaning as in the Road Traffic Code 2000; bus lane has the same meaning as in the Road Traffic Code 2000; bus stop has the same meaning as in the Road Traffic Code 2000;

14 January 2021 GOVERNMENT GAZETTE, WA 215 bus zone has the same meaning as in the Road Traffic Code 2000; caravan means a vehicle that is fitted or designed to allow human habitation and which is drawn or capable of being drawn by another vehicle, or which is capable of self-propulsion; centre of the carriageway means a line or a series of lines, marks or other indications— (a) for a two-way carriageway, placed so as to delineate vehicular traffic travelling in different directions; or (b) in the absence of any such lines, marks or other indications, the middle of the main travelled portion of the carriageway; children’s crossing has the same meaning as in the Road Traffic Code 2000; commercial vehicle means a vehicle with a tare weight equal to or greater than 2,500 kilograms constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a vehicle for the conveyance of passengers, and includes any vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose; disability parking permit has the meaning given to it by the Local Government (Parking for People with Disabilities) Regulations 2014; driver means any person driving or otherwise in control of a vehicle; edge line means a line marked along the carriageway at or near the far left or the far right of the carriageway; emergency vehicle has the same meaning as in the Road Traffic Code 2000; GVM stands for gross vehicle mass and has the meaning given to it in the Road Traffic Code 2000; loading zone has the same meaning as in the Road Traffic Code 2000; mail zone has the same meaning as in the Road Traffic Code 2000; median strip has the same meaning as in the Road Traffic Code 2000; motorcycle has the same meaning as in the Road Traffic Code 2000; no parking area has the same meaning as in the Road Traffic Code 2000; no parking sign means a sign with the words no parking in red letters on a white background, or the letter P within a red annulus and a red diagonal line across it on a white background; no stopping sign means a sign with the words no stopping or no standing in red letters on a white background or the letter S within a red annulus and a red diagonal line across it on a white background; on-demand vehicle has the same meaning as in the Transport (Road Passenger Services) Act 2018; painted island has the same meaning as in the Road Traffic Code 2000; park means to permit a vehicle, whether attended or not by any person, to remain stationary except for the purpose of— (a) avoiding conflict with other traffic; or (b) complying with the provisions of any law; or (c) taking up or setting down persons or goods for a maximum of 2 minutes; parking area has the same meaning as in the Road Traffic Code 2000; parking bay means a section or part of a street reserve or of a parking station which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked; parking facilities includes land, buildings, shelters, parking bays and other facilities open to the public generally for the parking of vehicles and signs, notices and facilities used in connection with the parking of vehicles; parking station means any land, or structure provided for the purpose of accommodating vehicles; pedestrian crossing has the same meaning as in the Road Traffic Code 2000; reserve means any land— (a) which belongs to the local government; or (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an otherwise unvested facility within section 3.53 of the LG Act; Residential and Stables Zone has the meaning given to it in the local planning scheme and as depicted on the Scheme Map; shared zone has the same meaning as in the Road Traffic Code 2000; sign includes a traffic sign, inscription, street marking, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols, and which is placed on or near local government property, a street or within a parking station or reserve for the purpose of prohibiting, regulating, guiding, directing or restricting the parking of vehicles;

216 GOVERNMENT GAZETTE, WA 14 January 2021 special purpose vehicle has the meaning given to it by the Road Traffic Code 2000; stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or to comply with the provisions of any law symbol includes any symbol specified by AS 1742.11:2016 as amended from time to time and any symbol specified from time to time by Standards Australia for use in the regulation of parking and any reference to the wording of any sign in this local law must be also deemed to include a reference to the corresponding symbol; taxi zone has the same meaning as in the Road Traffic Code 2000; traffic island has the same meaning as in the Road Traffic Code 2000; trailer means any vehicle without motive power of its own, designed for attachment to another vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle, or a side car; transit lane has the same meaning as in the Road Traffic Code 2000; truck lane has the same meaning as in the Road Traffic Code 2000. 11.2 Parking Region The parking region is the whole of the district, but excludes the following portions of the district— (a) the approach and departure prohibition areas of all existing and future traffic control signal installations as determined by the Commissioner of Main Roads; and (b) prohibition areas applicable to all existing and future bridges and subways as determined by the Commissioner of Main Roads; and (c) any street which is or comes under the control of the Commissioner of Main Roads unless the control of parking and parking facilities on that street has been delegated by the Commissioner of Main Roads to the local government. 11.3 Directional Arrows (1) An arrow inscribed on a sign erected at an angle to the boundary of the carriageway is deemed to be pointing in the direction in which it would point, if the signs were turned at an angle of less than 90 degrees until parallel with the boundary. (2) Unless the context otherwise requires, where a term is used, but not defined, in this Part, and that term is defined in the Road Traffic Act 1974 or in the Road Traffic Code 2000, then the term has the meaning given to it in that Act or the Code. 11.4 Application (1) Subject to subclause (2), this local law applies to the parking region. (2) This Part does not apply to a parking facility or a parking station that is not the responsibility of the local government, unless the local government and the owner or occupier of that facility or station have agreed in writing that this local law will apply to that facility or station. (3) The agreement referred to in subclause (2) may be made on such terms and conditions as the parties may agree. 11.5 Part of street to which sign applies Where under this local law the parking of vehicles in a street is controlled by a sign, the sign must be read as applying to that part of the street which— (a) lies beyond the sign; and (b) lies between the sign and the next sign; and (c) is on that side of the street nearest to the sign. 11.6 Classes of vehicles and persons (1) For the purpose of clauses 11.7,11.8,11.11 and 11.30, vehicles are divided into classes as follows— (a) buses; and (b) commercial vehicles; and (c) motorcycles and bicycles; and (d) on-demand vehicles; and (e) all other vehicles. (2) For the purpose of clauses 11.7,11.8,11.11 and 11.30, persons are divided into classes as follows— (a) authorised persons; and (b) employees of the local government; and (c) customers or patrons of a shop, shopping centre, facility or event; and (d) persons who work in a shop or shopping centre; and (e) all other persons not otherwise classified. 11.7 Powers of the local government The local government may prohibit or regulate by signs or otherwise, the stopping or parking of any vehicle or any class of vehicles or class of persons in any part of the parking region but must do so consistently with the provisions of this local law.

14 January 2021 GOVERNMENT GAZETTE, WA 217 11.8 Determine parking bays and parking stations The local government may constitute, determine, vary and indicate by signs— (a) parking bays; and (b) parking stations; and (c) permitted time and conditions of parking in parking bays and parking stations which may vary with the locality; and (d) permitted class of vehicles which may park in parking bays and parking stations; and (e) permitted class of persons who may park in specified parking bays or parking stations; and (f) the manner of parking in parking bays and parking stations. 11.9 Vehicles to be within parking bay (1) Subject to subclauses (2),(3) and (4), a driver must not park in a parking bay otherwise than— (a) parallel to and as close to the kerb as is practicable; and (b) in a marked parking bay; and (c) headed in the direction of the movement of traffic on the side of the street in which the parking bay is situated. (2) Subject to subclause (3) where a parking bay is set out otherwise than parallel to the kerb, then a driver must park wholly within that parking bay. (3) If a vehicle is too long or too wide to fit completely within a single parking bay then the driver must park within the minimum number of parking bays needed to park that vehicle. (4) A driver must not park partly within and partly outside a parking area. 11.10 Parking prohibitions and restrictions A driver must not— (a) park so as to obstruct an entrance to, or an exit from, a parking station or an access way within a parking station; or (b) subject to clause 11.11(2), park on any part of a parking station contrary to a sign referable to that part without permission of the local government or an authorised person; or (c) park on any part of a parking station, if an authorised person directs the driver to move the vehicle; or (d) park or attempt to park in a parking bay in which another vehicle is parked. 11.11 Restrictions on parking in particular areas (1) Subject to subclause (2), a driver must not park in an area where a sign— (a) designates the parking of vehicles of a different class; or (b) designates the parking of vehicles by persons of a different class; or (c) prohibits parking during any period. (2) A driver may park in a parking bay or parking station, except in a parking bay for people with disabilities to which a disabled parking sign relates, for twice the period indicated on the sign if— (a) a disability parking permit is displayed in the vehicle; and (b) either the driver of or a passenger in the vehicle is the permit holder of the disability parking permit. (3) A driver must not park in— (a) a no parking area; or (b) a parking area, except in accordance with any signs associated with the parking area and with this local law; or (c) a parking bay marked M/C unless parking a motorcycle without a trailer or sidecar. (4) A driver must not park in an area designated by a sign stating authorised vehicles only— (a) unless that person has obtained written permission from the local government; and (b) the written permission under subclause 11.11(4)(a) with respect to the vehicle is displayed inside the vehicle and is clearly visible to and able to be read by an authorised person from outside the vehicle. 11.12 Parking vehicle on a carriageway (1) Unless otherwise permitted by a sign, a driver parking on a carriageway other than in a parking bay must park it— (a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with, the left boundary of the carriageway and headed in the direction of the movement of traffic on the side of the street on which the vehicle is parked; and (b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either boundary of the carriageway and headed in the direction of the movement of traffic on the side of the street on which the vehicle is parked; and (c) so that at least 3 metres of the width of the carriageway lies between— (i) the vehicle and the farther boundary of the carriageway, or any continuous dividing line or median strip; or

218 GOVERNMENT GAZETTE, WA 14 January 2021 (ii) between the vehicle and any part of a vehicle parked on the farther side of the carriageway; and (d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any other vehicle; and (e) so that it does not obstruct any vehicle on the carriageway. (2) In this clause, continuous dividing line means— (a) a single continuous dividing line only; or (b) a single continuous dividing line to the left or right of a broken dividing line; or (c) 2 parallel continuous dividing lines. 11.13 When parallel and right-angled parking apply Where a sign associated with a parking area is not inscribed with the words angle parking or with an equivalent symbol depicting this purpose, then unless a sign associated with the parking area indicates, or marks on the carriageway indicate, that vehicles have to park in a different position, where the parking area is— (a) adjacent to the boundary of a carriageway, a driver must park as near as practicable to and parallel with that boundary; and (b) at or near the centre of the carriageway, a driver must park at approximately right angles to the centre of the carriageway. 11.14 When angle parking applies (1) This clause does not apply to— (a) a passenger vehicle or a commercial vehicle with a mass including any load, of over 3 tonnes; or (b) a person parking a motor cycle without a trailer. (2) Where a sign associated with a parking area is inscribed with the words angle parking or with an equivalent symbol depicting this purpose, a driver parking in the parking area must park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the parking sign or by marks on the carriageway. 11.15 General prohibitions on parking (1) This clause does not apply to a vehicle parked in a parking bay. (2) A driver must not park so that any portion of the vehicle is— (a) on or adjacent to a median strip; or (b) obstructing a right of way, private driveway or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private driveway or carriageway; or (c) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic; or (d) on or within 10 metres of any portion of a carriageway bounded by a traffic island; or (e) on or over any footpath, bicycle path or pedestrian crossing; or (f) between the boundaries of a carriageway and any double longitudinal line consisting of 2 continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dashed line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line; or (g) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway; or (h) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug; or (i) within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box; or (j) within 10 metres of the nearer property line of any street intersecting the street on the side on which the vehicle is parked, unless a sign or markings on the carriageway indicate otherwise. (3) A driver must not park so that any portion of the vehicle is within 10 metres of the departure side of— (a) a sign inscribed with the words bus stop or hail bus here or with equivalent symbols depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers; or (b) a children’s crossing or pedestrian crossing. (4) A driver must not park so that any portion of the vehicle is within 20 metres of the approach side of— (a) a sign inscribed with the words bus stop or hail bus here or with equivalent symbols depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers; or (b) a children’s crossing or pedestrian crossing. (5) A driver must not park so that any portion of the vehicle is within 20 metres of either the approach side or the departure side of the nearest rail of a railway level crossing.

14 January 2021 GOVERNMENT GAZETTE, WA 219 11.16 Authorised person may order vehicle to be moved A driver must not park on any part of a street, local government property, parking station or reserve, if directed by an authorised person to move the vehicle. 11.17 Authorised person may mark tyres (1) An authorised person may mark the tyres of a parked vehicle with chalk or any other non-indelible substance for a purpose connected with or arising out of their duties or powers. (2) A person must not remove a mark made by an authorised person so that the purpose of the affixing of such a mark is defeated or likely to be defeated. 11.18 No movement of vehicles to avoid time limitation Where the parking of vehicles in a parking area or parking facility is permitted for a limited time, a driver must not move a vehicle within the parking area or parking facility so that the total time of parking exceeds the maximum time permitted unless the vehicle has first been removed from the parking area or parking facility for at least 1 hour. 11.19 No parking of vehicles exposed for sale and in other circumstances A driver must not park on any portion of local government property or a street— (a) for the purpose of exposing a vehicle for sale; or (b) a vehicle that is not licensed under the Road Traffic Act 1974; or (c) an unattached trailer or unattached caravan, except for a horse float temporarily parked in the Residential and Stables Zone with the permission of the occupier of the premises adjacent to the verge where the horse float is parked; or (d) for the purpose of effecting repairs to a vehicle, other than the minimum repairs necessary to enable a broken down vehicle to be moved; or (e) for the purpose of servicing or cleaning a commercial vehicle. 11.20 Parking on private land (1) In this clause a reference to land does not include land— (a) which belongs to the local government; or (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an otherwise unvested facility within section 3.53 of the LG Act; or (d) which is the subject of an agreement referred to in clause 11.4(2). (2) A driver must not park on land without the consent of the owner or occupier of the land on which the vehicle is parked. (3) The consent referred to in subclause (2) may be given subject to any conditions which are specified on a sign, and a person must not park a vehicle on the land otherwise than in accordance with the consent. 11.21 Driving or parking on local government property A driver must not drive, ride, take, park or stand any vehicle on local government property other than upon an area specifically set aside for that purpose. 11.22 Lawfully parked vehicles deemed an obstruction A vehicle, caravan, trailer or any part of a vehicle, which is parked on local government property or in a public place wherein vehicles may lawfully be parked, is deemed to cause an obstruction where the vehicle, caravan or trailer is— (a) parked for any period exceeding 24 hours, without the consent in writing of an authorised person; or (b) parked during any period in which the parking of vehicles is prohibited or restricted by a sign; or (c) appears to an authorised person to be abandoned or disused. 11.23 Unlawfully parked vehicles A vehicle, caravan, trailer or any part of a vehicle, which is parked on local government property or in a public place where vehicles may not lawfully be parked, is deemed to cause an obstruction. 11.24 Vehicle causing an obstruction A driver must not park a vehicle, caravan, trailer or any part of a vehicle, on local government property or in a public place so as to cause an obstruction. 11.25 Suspension of parking limitations for urgent, essential or official duties (1) The local government, the CEO or an authorised person may, subject to the Road Traffic Code 2000, permit a person to park a vehicle for longer than the permitted time in order for the person to carry out urgent, essential or official duties. (2) Where permission is granted under subclause (1), the local government, the CEO or an authorised person may prohibit the use by any other vehicle of that area to which the permission relates, for the duration of that permission.

220 GOVERNMENT GAZETTE, WA 14 January 2021 11.26 Special event parking (1) The local government may, by use of signs, set aside any area for any period specified on the signs for the parking of vehicles by persons attending a special event. (2) A driver must not park or stop a vehicle in a parking station or area set aside under subclause (1) during the period for which it is set aside unless a ticket purchased from or issued by the local government in respect of the special event is clearly visible to and is able to be read by an authorised person from outside the vehicle. (3) During the period referred to in subclause (1) any prohibition or parking restriction indicated by a sign as applying to that parking station or parking area does not apply. 11.27 No stopping and no parking signs (1) A driver must not stop on a length of carriageway or in an area to which a no stopping sign applies. (2) A driver must not stop on a length of carriageway or in an area to which a no parking sign applies, unless the driver is— (a) dropping off or picking up passengers or goods; and (b) does not leave the vehicle unattended; and (c) completes the dropping off or picking up the passengers or goods within 2 minutes of stopping and drives on. (3) In this clause, unattended in relation to a vehicle means that the driver has left the vehicle so that the driver is more than 3 metres from the closest point of the vehicle. (4) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line. 11.28 Stopping in a loading zone A driver must not stop in a loading zone unless— (a) actively picking up or setting down passengers; or (b) the vehicle is a commercial vehicle engaged in the picking up or setting down of goods and does not remain— (i) for longer than a time indicated on the loading zone sign; or (ii) longer than 30 minutes, if no time is indicated on the sign. 11.29 Stopping in a taxi, bus or mail zone (1) A driver must not stop in a taxi zone, unless the driver is driving an on-demand vehicle. (2) A driver must not stop in a bus zone unless the driver is driving a public bus or a bus of a type that is permitted to stop at the bus zone by information on or with the bus zone sign applying to the bus zone. (3) A driver must not stop a vehicle in a mail zone. 11.30 Other limitations in zones A driver must not stop in a zone to which a sign applies if stopping the vehicle would be contrary to any limitation in respect to class of vehicles or class of persons, or specific activities allowed, as indicated by additional words on a sign that applies to the zone. 11.31 Stopping in a shared zone A driver must not stop in a shared zone unless the driver— (a) stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law; or law; or (c) is dropping off or picking up passengers or goods; or (d) is engaged in door to door delivery or collection of goods, or in the collection of waste or garbage. 11.32 Stopping in a designated lane A driver must not stop a vehicle in— (a) a bus lane; or (b) a transit lane; or (c) a truck lane; or (d) a bicycle lane, unless the vehicle is a public bus or on-demand vehicle, and the driver is dropping off, or picking up, passengers. 11.33 Double parking (1) A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle and the centre of the carriageway. (2) This clause does not apply to a vehicle— (a) stopped in traffic; or (b) parked in a parking bay; or

14 January 2021 GOVERNMENT GAZETTE, WA 221 (c) parked on the side of the carriageway or in a median strip parking area, in accordance with this local law. 11.34 Stopping near an obstruction A driver must not stop on a carriageway, near an obstruction on the carriageway, in a position that further obstructs traffic on the carriageway. 11.35 Stopping on a bridge or in a tunnel A driver must not stop in a tunnel or underpass or on a bridge, causeway, ramp or similar structure unless— (a) the carriageway is at least as wide in the tunnel or underpass or on the structure as it is on each of the approaches and a sign does not prohibit stopping or parking; or (b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law. 11.36 Stopping on crests and curves A driver must not stop on, or partly on, a carriageway, in any position where it is not visible to the driver of an overtaking vehicle, from a distance of 50 metres. 11.37 Stopping near a fire hydrant (1) A driver must not stop so that any portion of the vehicle is within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless the driver is driving a— (a) public bus, and the driver stops in a bus zone or at a bus stop and does not leave the bus unattended; or (b) on-demand vehicle, and the driver stops in a taxi zone and does not leave the vehicle unattended. (2) In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle. 11.38 Stopping at or near a bus stop (1) A driver must not stop so that any portion of the vehicle is within 20 metres of the approach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless— (a) the vehicle is a public bus stopped to take up or set down passengers; or (b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law. (2) In this clause distances are measured in the direction in which the driver is driving. 11.39 Stopping on a path, median strip, painted island or traffic island A driver must not stop so that any portion of the vehicle is on or over a footpath, bicycle path, median strip, painted island or traffic island unless the driver stops in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law. 11.40 Stopping on verge (1) A driver must not stop— (a) a commercial vehicle or bus; or (b) an unattached trailer or unattached caravan; or (c) any vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge, so that any portion of it is on a verge. (2) In the case of a vehicle other than those referred to in subclause (1)(a) and (1)(b), and in circumstances other than those referred to in subclause (1)(c), a driver may stop a vehicle wholly or partly on a verge if the driver is authorised by the occupier of the premises adjacent to the verge. (3) Subclause (1)(a) does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway, footpath or bicycle path. 11.41 Obstructing access to and from a path or driveway (1) A driver must not stop so that any portion of the vehicle is in front of a footpath or bicycle path, in a position that obstructs access by vehicles, cyclists or pedestrians to or from that footpath or bicycle path, unless the driver— (a) is dropping off or picking up passengers; or law. (2) A driver must not stop on or across a driveway or other way of access for vehicles travelling to or from adjacent land, unless the driver— (a) is dropping off or picking up passengers; or law.