City of Joondalup Parking Local Law 2023
1193 ISSN 2204-4264 (online) PERTH, MONDAY, 13 MAY 2024 No. 55 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA LOCAL GOVERNMENT ACT 1995
CITY OF JOONDALUP ——————————— PARKING LOCAL LAW 2023
13 May 2024 GOVERNMENT GAZETTE, WA 1195 LOCAL GOVERNMENT ACT 1995 CITY OF JOONDALUP PARKING LOCAL LAW 2023 CONTENTS PART 1—DEFINITIONS AND OPERATION ........................................................................... 1197 1.1 Citation....................................................................................................................................... 1197 1.2 Commencement.......................................................................................................................... 1197 1.3 Purpose and effect ...................................................................................................................... 1197 1.4 Repeal ......................................................................................................................................... 1197 1.5 Application ................................................................................................................................. 1197 1.6 Definitions .................................................................................................................................. 1197 1.7 Interpretation............................................................................................................................. 1201 1.8 Sign erected by the Commissioner of Main Roads ................................................................... 1201 1.9 Application of signs .................................................................................................................... 1201 1.10 Classes of vehicles.................................................................................................................... 1202 1.11 Establishment of parking facilities ......................................................................................... 1202 1.12 Permitted payment .................................................................................................................. 1202 1.13 Alternative method of payment............................................................................................... 1202 PART 2—STOPPING AND PARKING GENERALLY ............................................................ 1202 2.1 Power to prohibit and regulate.................................................................................................. 1202 2.2 Determinations in relation to stopping and parking................................................................ 1202 2.3 Stopping or parking generally ................................................................................................... 1202 2.4 Parking with a parking permit ................................................................................................. 1203 2.5 Stopping or parking contrary to consent .................................................................................. 1203 2.6 Parking positions ....................................................................................................................... 1203 2.7 Angle parking............................................................................................................................. 1203 2.8 Loading zones............................................................................................................................. 1203 2.9 Reserves ..................................................................................................................................... 1204 2.10 Occupied parking bays............................................................................................................. 1204 2.11 Urgent, essential or official functions ..................................................................................... 1204 2.12 Direction to move vehicle......................................................................................................... 1204 2.13 Selling or hiring in a parking facility...................................................................................... 1204 2.14 Damage to parking facilities ................................................................................................... 1204 2.15 Removal and impounding of vehicles ...................................................................................... 1204 2.16 Authorised parking .................................................................................................................. 1204 2.17 Stopping or parking on City property ..................................................................................... 1204 PART 3—STOPPING AND PARKING ON ROADS AND OTHER AREAS ......................... 1205 3.1 Stopping or parking on a carriageway ...................................................................................... 1205 3.2 Median strips and traffic islands .............................................................................................. 1205 3.3 Verges ......................................................................................................................................... 1205 3.4 Prohibited parking of vehicles ................................................................................................... 1205 3.5 Obstructions generally .............................................................................................................. 1205 3.6 Double parking........................................................................................................................... 1206 3.7 Crossovers .................................................................................................................................. 1206 3.8 Stopping on crests, curves, etc. ................................................................................................. 1206 3.9 Stopping or parking near fire hydrant or post box ................................................................... 1206 3.10 Bus stops, pedestrian, children and train crossings .............................................................. 1206 3.11 Restrictions on avoiding time limitations ............................................................................... 1206 3.12 Public bus zones ....................................................................................................................... 1207 3.13 Stopping or parking in a taxi zone .......................................................................................... 1207 3.14 Charter vehicle zones .............................................................................................................. 1207 3.15 Stopping or parking in a shared zone ..................................................................................... 1207 3.16 Stopping or parking—heavy and long vehicles ...................................................................... 1207
1196 GOVERNMENT GAZETTE, WA 13 May 2024 PART 4—FEE-PAYING ZONES ..................................................................................................1207 4.1 Fee-paying zones ........................................................................................................................ 1207 4.2 Payment of fees .......................................................................................................................... 1207 4.3 Operations of fee-paying machines ........................................................................................... 1208 4.4 Metered space, parking limit ..................................................................................................... 1208 4.5 Display of parking tickets and parking limits .......................................................................... 1208 4.6 Reserved fee-paying zones ......................................................................................................... 1208 4.7 Parking restrictions in fee-paying zones ................................................................................... 1208 4.8 Use of counterfeit or altered parking tickets ............................................................................ 1208 4.9 Payment for parking .................................................................................................................. 1209 PART 5—PARKING STATIONS .................................................................................................1209 5.1 Removal of vehicles .................................................................................................................... 1209 5.2 Entering and exiting parking facilities ..................................................................................... 1209 5.3 Locking of parking stations ....................................................................................................... 1209 5.4 Behaviour in a parking station.................................................................................................. 1209 5.5 Low clearance signs ................................................................................................................... 1209 PART 6—MISCELLANEOUS ......................................................................................................1209 6.1 Authorised person certificate of appointment .......................................................................... 1209 6.2 Authorised persons .................................................................................................................... 1209 6.3 Power of an authorised person .................................................................................................. 1209 6.4 Impersonating an authorised person ........................................................................................ 1209 6.5 Obstructing of an authorised person ......................................................................................... 1209 6.6 Removal of notices...................................................................................................................... 1209 6.7 Display of signs .......................................................................................................................... 1209 6.8 Marking tyres and valve stem readings .................................................................................... 1210 6.9 Exemption when complying with directions ............................................................................. 1210 6.10 Special purpose and emergency vehicles ................................................................................ 1210 6.11 Interfere with or damage to City property .............................................................................. 1210 6.12 Vehicles not to obstruct a public place .................................................................................... 1210 PART 7—OFFENCES AND MODIFIED PENALTIES............................................................ 1210 7.1 Offences ...................................................................................................................................... 1210 7.2 Form of notices ........................................................................................................................... 1210 7.3 Modified penalty......................................................................................................................... 1210 SCHEDULE 1 .................................................................................................................................1211
13 May 2024 GOVERNMENT GAZETTE, WA 1197 LOCAL GOVERNMENT ACT 1995 CITY OF JOONDALUP PARKING LOCAL LAW 2023 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Joondalup resolved on 26 March 2024 to make the City of Joondalup Parking Local Law 2023. PART 1—DEFINITIONS AND OPERATION 1.1 Citation This local law may be cited as the City of Joondalup Parking Local Law 2023. 1.2 Commencement This local law will come into operation on the fourteenth day after the day on which it is published in the Government Gazette. 1.3 Purpose and effect (1) The purpose of this local law is to provide for the regulation, control and management of parking within the district. (2) The effect of this local law is to control parking throughout the district to ensure the safe, fair and equitable use of parking facilities under the care and control of the local government. 1.4 Repeal The following local laws are repealed on the day that this local law comes into operation— (1) City of Joondalup Parking Local Law 2013, as published in the Government Gazette on 19 August 2013. (2) City of Joondalup Parking Amendment Local Law 2015, as published in the Government Gazette on 4 September 2015. (3) City of Joondalup Parking Amendment Local Law 2018, as published in the Government Gazette on 3 August 2018. 1.5 Application (1) Except as set out in this clause, this local law applies to the whole of the district. (2) This local law does not apply to— (a) the approach and departure prohibition areas of all existing and future traffic control signal installations as determined by the Commissioner of Main Roads Western Australia; (b) the prohibition areas that apply to all existing and future bridges and subways as determined by the Commissioner of Main Roads, Western Australia; (c) a thoroughfare that comes under the control of the Commissioner of Main Roads Western Australia unless the control of parking and parking facilities on that thoroughfare has been delegated by the Commissioner of Main Roads Western Australia to the City; and (3) This local law does not apply to a parking station that— (a) is not owned, controlled or occupied by the City; or (b) is owned by the City but is leased to another person, unless the City and the owner or occupier of the parking station have agreed in writing (on whatever terms and conditions they think fit) that this local law is to apply to the parking station. 1.6 Definitions In this local law, unless the context requires otherwise— Act means the Local Government Act 1995; authorised person means a person appointed by the City under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; authorised vehicle means a vehicle authorised by the City, the CEO, an authorised person or by any written law to stop or park on (or on part of) a thoroughfare or parking facility; bicycle has the meaning given in the Code; bicycle lane has the meaning given in the Code; bicycle path has the meaning given in the Code; bus has the meaning given in the Code; bus embayment has the meaning given in the Code; bus lane has the meaning given in the Code; bus stop has the meaning given in the Code; busway has the meaning given in the Code; bus zone has the meaning given in the Code;
1198 GOVERNMENT GAZETTE, WA 13 May 2024 caravan means a vehicle that is fitted or designed to allow human habitation and which is capable of being drawn by another vehicle, or which is capable of self-propulsion; carriageway has the meaning given in the Code; centre, in relation to a 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; CEO means the Chief Executive Officer of the City; charter vehicle means a vehicle holding an omnibus licence issued under the Transport Co- ordination Act 1966, and includes a passenger transport vehicle, but does not include a public bus; children’s crossing has the meaning given in the Code; City means the City of Joondalup; City property means anything, whether land or not, that belongs to, or is vested in, or under the care, control or management of, the City; clearway means a length of carriageway which carries a high traffic volume that has clearway no stopping signs erected appurtenant to it, to facilitate the unhindered flow of traffic; Code means the Road Traffic Code 2000; commercial vehicle means a motor vehicle that is— (a) constructed, adapted or fitted for the conveyance of goods; and (b) used primarily for the conveyance of goods, but does not include a vehicle constructed for the conveyance of materials used in any trade, business, industry or any other work; Council means the Council of the City; crossover means the portion of land which lies between the boundary of a carriageway and the adjacent property line that is constructed for the purpose of giving access to the property; disability parking permit has the meaning given in the Local Government (Parking for People with Disabilities) Regulations 2014; district means the district of the City; driver means a person driving or in control of a vehicle; driveway means an area of land on private property which abuts a crossover and is designed primarily for vehicles to ingress and egress to that property; edge line has the meaning given in the Code; electric rideable vehicle means a bicycle, scooter, skateboard, wheelchair or any other vehicle that— (a) has at least 1 wheel; and (b) is designed to be used by a single person; and (c) has an electric motor or motors, but does not include an electric vehicle; electric vehicle means a vehicle that uses one or more electric motors or traction motors for propulsion and which is charged via ‘plug in’ connection to an external power source and includes a car, truck, moped and motorbike but does not include an electric rideable device. electronic parking detection device means an electronic device placed in a position to detect and record the parking time of a vehicle on any road, parking facility, or other public place and includes any instrument, display panel or transmitting apparatus associated with the device; emergency vehicle has the meaning given in the Code; entrance ticket means a ticket or token issued by an entrance ticket machine; entrance ticket machine means a machine— (a) installed at an entrance to a parking station; and (b) from which tickets are issued to vehicles entering that parking station; exit ticket means a ticket issued after payment of the fee by a fee collection machine; fee collection machine means a machine installed in a parking station which, on the insertion of an entrance ticket or vehicle registration details, and payment of the required fee, issues an exit ticket or allows exit through a gate; fee-paying machine means a ticket issuing machine, fee collection machine or parking meter; fee-paying zone means where a fee payable is indicated by a sign where the vehicle is stopped or parked within the same— (a) parking station; or (b) section of the road between two intersections or an intersection and head of a cul-de-sac as the case may be; fire hydrant has the meaning given in the Code;
13 May 2024 GOVERNMENT GAZETTE, WA 1199 funeral vehicle means a vehicle designed or modified for use in conducting funeral services; footpath has the meaning given in the Code; GVM (which stands for ‘gross vehicle mass’) means for a vehicle, the maximum loaded mass of the vehicle— (a) specified by the manufacturer on an identification plate on the vehicle; or (b) if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle is modified—certified by the Director General under section 49 of the Transport Co-ordination Act 1966; head of a cul-de-sac means the part of a road that is closed at one end and is shaped in such a way that it can be used for vehicles to turn, and includes bulb or hammer-head shaped closed roads; intersection has the meaning given in the Code; keep clear marking has the meaning given in the Code; kerb means any structure, mark, marking or device to delineate or indicate the edge of a carriageway; length of carriageway means the section on the same side of the carriageway, between intersections on that side of the carriageway; loading zone means— (a) a parking facility or length of carriageway to which a loading zone sign applies; or (b) a parking bay designated by a sign for use by commercial vehicles as a loading zone; loading zone sign has the meaning given in the Code; low clearance sign means a sign indicating the height clearance restriction (in metres) when entering a parking station so as not to allow an oversize vehicle to attempt to pass under the object that is part of the sign; median strip has the meaning given in the Code; metered space means a section or part of a metered zone that is controlled by a parking meter and that is marked or defined in a way that indicates where a vehicle may be parked on payment of a fee or charge; metered zone means a road or reserve, or part of a road or reserve, in which a parking meter regulates the stopping or parking of vehicles; money means any legal tender under the Currency Act 1965 (Cth); motorcycle means a motor vehicle that has two wheels but does not include a motor vehicle to which a side car is attached; motor vehicle means a self-propelled vehicle that is not operated on rails, and includes— (a) a trailer, semi-trailer or caravan while attached to a motor vehicle; (b) a 2-wheeled motor vehicle with a side car attached to it that is supported by a third wheel; or (c) a 3-wheeled motor vehicle, but does not include an electric rideable device; nature strip has the meaning given in the Code and includes a verge; no parking area has the meaning given in the Code; no parking sign means a sign with— (a) the words ‘no parking’ in red letters on a white background; or (b) the letter ‘P’ within a red annulus and a red diagonal line across it on a white background; no stopping area has the meaning given in the Code; no stopping sign means a sign with— (a) the words ‘no stopping’ or ‘no standing’ in red letters on a white background; or (b) the letter ‘S’ within a red annulus and a red diagonal line across it on a white background; number plate has the meaning given in the Road Traffic (Vehicles) Act 2012; obstruction has the meaning given in the Code; occupier has the meaning given in the Act; one-way carriageway has the meaning given in the Code; owner— (a) where used in relation to a vehicle licensed under the Road Traffic (Vehicles) Act 2012, has the meaning given to ‘responsible person’ in the Road Traffic (Administration) Act 2008; (b) where used in relation to any other vehicle, means the person who owns, or is entitled to possession of, the vehicle; and (c) where used in relation to land, has the meaning given in the Act; park has the meaning given in the Code; parking app means a software program used by a computer, tablet, smartphone or other electronic device for the payment of parking by a vehicle for a specified period of time;
1200 GOVERNMENT GAZETTE, WA 13 May 2024 parking app zone means a parking facility within a fee-paying zone in which a parking app is available for use; parking area has the meaning given in the Code; parking bay means a section of a parking facility or carriageway which is marked or defined in any way to indicate where a vehicle may stop or park; parking bay for people with disabilities has the meaning given to permit parking area in the Local Government (Parking for People with Disabilities) Regulations 2014; parking control sign has the meaning given in the Code; parking facility includes— (a) land, buildings, shelters, parking bays, parking stations and other facilities open to the public generally for the parking of vehicles; and (b) signs, notices and facilities used in connection with the parking of vehicles; parking meter means a machine or device which, as a result of a payment by any permitted means, indicates (with or without the issue of a ticket) the period during which it is lawful for a vehicle to remain parked in a metered space to which the machine or device relates; parking period means an electronic authorisation to park a vehicle issued from a ticket issuing machine, a parking meter or a parking app; parking permit means a permit issued by the City or an authorised person and includes a written or electronic permit; parking region means the area to which this local law applies, as described in clause 1.5; parking station means any land, building or other structure used predominantly for the stopping and parking of vehicles, whether or not a fee is charged, but does not include a road or reserve; parking ticket means a ticket which is issued from a ticket issuing machine or parking meter and which authorises the parking of a vehicle; passenger transport vehicle has the meaning given in the Transport (Road Passenger Services) Act 2018; path has the meaning given in the Code; pedestrian has the meaning given in the Code; pedestrian crossing has the meaning given in the Code; permissive parking sign means a sign inscribed with— (a) the word ‘parking’, but excludes a sign inscribed with the words ‘no parking’; or (b) the letter ‘P’ with any arrow, figure, letter or words in green; postal vehicle has the meaning given in the Code; property line means the boundary between the land comprising a road and the land that abuts that road; public bus has the meaning given in the Code; public bus zone means a parking bay, bus embayment or length of carriageway designated for use by a public bus; public place means any place to which the public has access whether or not that place is on private property; reserve means any land— (a) which belongs to the City; (b) of which the City is the management body under the Land Administration Act 1997; or (c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; but does not include a verge; road means a highway, lane, thoroughfare or similar place which the public are allowed to use and includes all of the land including the nature strip and paths appurtenant thereto lying between the property lines abutting the road; Road Traffic Act means the Road Traffic Act 1974; roundabout has the meaning given in the Code; Schedule means a schedule to this local law; shared zone has the meaning given in the Code; sign includes a traffic sign, permissive parking sign, inscription, mark, structure or device approved by the City on which may be shown words, numbers, expressions or symbols for the purpose of prohibiting, regulating, guiding, directing or restricting the stopping or parking of vehicles; special purpose vehicle has the meaning given in the Code and also includes any commercial vehicle owned by the City; stop has the meaning given in the Code; symbol includes a symbol specified by Australian Standard 1742.11—1999 and a symbol specified from time to time by Standards Australia for use in the regulation of parking; taxi has the meaning given in the Code; taxi zone has the meaning given in the Code;
13 May 2024 GOVERNMENT GAZETTE, WA 1201 thoroughfare has the meaning given in the Act; ticket includes a token; ticket issuing machine means a machine or device which, as a result of a payment by any permitted means, issues a ticket showing the period during which it is lawful to remain parked in the area to which the machine or device relates; ticket machine zone means a parking facility within a fee-paying zone in which a ticket issuing machine is installed; T-intersection means an intersection where the end of a road intersects with the continuous side of a continuing road but does not include a roundabout; traffic includes the passage of both vehicles and pedestrians; traffic-control signal has the meaning given to it by the Code; traffic island has the meaning given in the Code; trailer has the meaning given in the Code; truck means a vehicle which has a minimum load capacity of 1,000 kilograms; truck bay means a parking bay designated for use by trucks only; truck lane is the meaning given in the Code; unattended, in relation to a vehicle, means where the driver has left the vehicle and is more than 3 metres from the closest point of the vehicle; unexpired parking period means a parking period on which a date and expiry time is specified and the time specified has not expired; unexpired parking ticket means a parking ticket on which a date and expiry time is printed and the printed time has not expired; valve stem means the self-contained valve on a tyre used for inflation; valve stem reading means observing and recording the position of a vehicles valve stem in relation to the associated tyre as a means of determining whether a vehicle has moved; vehicle has the meaning given in the Road Traffic (Administration) Act 2008; and verge means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line but does not include a footpath. 1.7 Interpretation (1) For the purposes of the definitions of no parking area, no stopping area and parking area, an arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is taken 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) A reference to a word or expression on a sign includes a reference to a symbol depicting that word or expression. (3) Where a term is used but is not defined in the Act or this local law and that term is defined in the Road Traffic Act or the Code then, unless the context requires otherwise, the term is to have the meaning given in the Road Traffic Act or the Code. (4) A reference to a thoroughfare, parking station, parking facility, metered zone, ticket machine zone, parking app zone or reserve includes a reference to any part of the thoroughfare, parking station, parking facility, metered zone, ticket machine zone, parking app zone or reserve. 1.8 Sign erected by the Commissioner of Main Roads A sign that— (a) was erected by the Commissioner of Main Roads Western Australia prior to the commencement of this local law; and (b) relates to the stopping or parking of vehicles, is taken to have been erected by the City under this local law. 1.9 Application of signs (1) Where under this local law the stopping or parking of a vehicle on a road is controlled by a sign, the sign is to apply to that part of the road which— (a) lies beyond the sign; (b) lies between that sign and the next sign; and (c) is on that half of the road nearest to that sign. (2) A sign may prohibit or regulate parking or stopping by the use of a symbol. (3) An inscription or symbol on a sign operates and has effect according to its tenor, and where the inscription or symbol relates to the stopping of vehicles, it is to be taken to operate and have effect as if it also related to the parking of vehicles. (4) The first three letters of any day of the week when used on a sign indicate that day of the week.
1202 GOVERNMENT GAZETTE, WA 13 May 2024 1.10 Classes of vehicles For the purpose of this local law, vehicles are divided into classes as follows— (a) public buses; (b) commercial vehicles; (c) motorcycles; (d) taxis; (e) emergency vehicles; (f) special purpose vehicles; (g) charter vehicles; (h) funeral vehicles; (i) electric vehicles; and (j) all other vehicles. 1.11 Establishment of parking facilities The City may establish and vary parking facilities for the purposes of this local law. 1.12 Permitted payment The City may authorise a person to pay for parking, in advance or in arrears, by any means other than or in addition to the insertion of money in a ticket issuing machine or parking meter or by use of a parking app. 1.13 Alternative method of payment (1) Where a fee to park in a parking facility (Relevant Fee) would otherwise be required, the City may authorise a person to park in the parking facility, without paying the Relevant Fee in the usual way, by giving the person (electronically or otherwise) a permit, invoice, ticket or pass (alternative method of payment). (2) A person who is given an alternative method of payment, and who complies with the terms of the alternative method of payment, is exempt from paying the Relevant Fee. (3) An alternative method of payment may not be used by any person other than the person to whom it was given by the City. PART 2—STOPPING AND PARKING GENERALLY 2.1 Power to prohibit and regulate The Council may by resolution prohibit or regulate, by signs or otherwise, the stopping and parking of any vehicle, or of any class of person or vehicle, or both, but is to do so consistently with this local law. 2.2 Determinations in relation to stopping and parking (1) The Council may by resolution determine— (a) permitted times and conditions of stopping and parking which may vary with the parking region; (b) permitted classes of persons who may stop or park their vehicles; (c) permitted classes of vehicles which may stop or park; or (d) the manner of stopping or parking. (2) Where the Council makes a determination under subclause (1), the City— (a) must erect one or more signs to give effect to the determination; and (b) may vary the determination. 2.3 Stopping or parking generally (1) A person must not stop or park a vehicle in a parking facility or in a thoroughfare— (a) if, by a sign, it is set apart for the stopping or parking of vehicles of a different class; (b) if, by a sign, it is set apart for the stopping or parking of vehicles by persons of a different class; (c) during any period when the stopping or parking of vehicles is prohibited by a sign; (d) for more than the maximum time specified by a sign unless— (i) clause 2.4 applies; or (ii) the vehicle displays a disability parking permit in which case the vehicle may be parked (except in a parking area for people with disabilities) in accordance with regulation 174(2) of the Code; (e) other than wholly within a parking bay or metered space if the parking facility has parking bays or metered spaces—unless the vehicle is too wide or long to fit completely within a single parking bay or metered space, in which case it must be parked within the minimum number of parking bays or metered spaces needed to park it; or (f) otherwise than in accordance with a sign applying to the place where the vehicle is stopped or parked.
13 May 2024 GOVERNMENT GAZETTE, WA 1203 (2) A person must not stop or park a vehicle— (a) in a no stopping area; (b) in an area to which a ‘clearway’ sign applies; (c) at the side of a carriageway marked with a continuous yellow edge line; (d) in an area of a carriageway signed or marked with a keep clear marking; (e) in a bay marked ‘M/C’ unless it is a motorcycle; (f) in a bus lane or busway; (g) in a truck lane; or (h) in a bicycle lane or on a bicycle path, unless the person is driving a public bus or a taxi and is immediately dropping off, or picking up, passengers. (3) A person must not park a vehicle in a no parking area, unless the driver— (a) is dropping off, or picking up, passengers or goods; (b) does not leave the vehicle unattended; and (c) within 2 minutes of stopping, completes the dropping off, or picking up, of the passengers or goods and drives on. 2.4 Parking with a parking permit (1) The City may issue to a person a parking permit which exempts the holder of the permit from a prohibition under this local law against the stopping or parking of vehicles on any part of a road or parking station subject to any conditions that the City considers appropriate. (2) Where— (a) A parking permit issued is a physical parking permit, the parking permit must be displayed inside the vehicle on the dashboard of the vehicle and be clearly visible to, and able to be read by, an authorised person from outside the vehicle at all times while that vehicle remains stopped or parked in the area to which the parking permit relates; or (b) A parking permit is issued in electronic form, the vehicle registration number must be able to be entered into the City’s electronic system when the permit is used and be able to be located by an authorised person in a database that contains all relevant information about the permit, permit holder and vehicle. (3) The City may, at any time, revoke a permit issued under subclause (1). 2.5 Stopping or parking contrary to consent (1) In this clause a reference to land does not include land— (a) which belongs to the City; (b) of which is an ‘otherwise unvested facility’ within section 3.53 of the Act; or (c) which is the subject of an agreement referred to in clause 1.5(3). (2) A person must not stop or park a vehicle on land without the consent of the owner or occupier of the land on which the vehicle is stopped or parked. (3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to the stopping or parking of vehicles on the land, a person must not stop or park on the land otherwise than in accordance with that consent. 2.6 Parking positions Where a sign referring to a parking area is not inscribed with the words ‘angle parking’, then unless a sign referring to the parking area indicates, or a mark on the carriageway indicates, that a vehicle must park in a different position— (a) where the parking area is adjacent to the boundary of a carriageway, a person stopping or parking a vehicle in the parking area must stop or park it as near as practicable to and parallel with that boundary; and (b) where the parking area is at or near the centre of the carriageway, a person stopping or parking a vehicle in the parking area must stop or park it at approximately right angles to the centre of the carriageway. 2.7 Angle parking Where a sign referring to a parking area is inscribed with the words ‘angle parking’, a person stopping or parking a vehicle in the area must stop or park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the sign or by a mark on the carriageway. 2.8 Loading zones (1) A person must not stop or park a vehicle in a loading zone unless– (a) the vehicle is a commercial vehicle; and (b) a person is continuously engaged in loading or unloading goods to or from that vehicle; or (c) alternatively to paragraphs (a) and (b), the vehicle is an authorised vehicle.
1204 GOVERNMENT GAZETTE, WA 13 May 2024 (2) A person must not stop or park a commercial or authorised vehicle in a loading zone for longer than the time indicated on the loading zone sign, or if no time is indicated on the sign for longer than 30 minutes, unless authorised by an authorised person. 2.9 Reserves A person must not drive, stop or park a vehicle on or over any portion of a reserve other than an area specifically set aside for that purpose, unless the person— (a) is an employee of the City in the course of the employee’s duties; (b) is an authorised person; or (c) has obtained the permission of the City or an authorised person. 2.10 Occupied parking bays A person must not stop or park, or attempt to stop or park, a vehicle in a parking bay or metered space in which another vehicle is stopped or parked. 2.11 Urgent, essential or official functions (1) Where— (a) in a parking facility, a sign prohibits the stopping or parking of a vehicle, or permits the stopping or parking of a vehicle for a limited time; and (b) a person needs to carry out a function that is considered by an authorised person to be urgent, essential or official in nature and that would be facilitated by stopping or parking a vehicle in the parking facility, the person may be permitted, by an authorised person, to stop or park the vehicle in the parking facility for a period that may exceed any applicable limited time. (2) Where permission is given under subclause (1), an authorised person may, by a sign, prohibit for the duration of the permission the use by any other vehicle of the portion of the parking facility to which the permission relates. (3) Permission given under subclause (1) may— (a) allow the stopping or parking of the vehicle continuously for a specified period or periods, between specified times or from time to time during a specified period; and (b) be revoked or suspended at any time by an authorised person. (4) A person must not stop or park a vehicle in respect of which permission has been given under subclause (1) other than in accordance with the terms of the permission. 2.12 Direction to move vehicle A person must not stop or park a vehicle, or allow a vehicle to remain stopped or parked, after being directed by an authorised person or a police officer to move the vehicle. 2.13 Selling or hiring in a parking facility A person must not sell, hire or give away any goods or erect an advertisement in a parking facility without the written authorisation of an authorised person or the City. 2.14 Damage to parking facilities A person must not remove, damage, deface, misuse or interfere with any part of a parking facility. 2.15 Removal and impounding of vehicles (1) The impounding of vehicles and other goods is dealt with in Part 3 Division 3 Subdivision 4 of the Act and regulation 29 of the Local Government (Functions and General) Regulations 1996. (2) The power of an authorised person to remove and impound any goods that are involved in a contravention that can lead to impounding is dealt with in section 3.39(1) of the Act. (3) The power of a person to use reasonable force to exercise the power given by section 3.39(1) of the Act is dealt with in section 3.39(2) of the Act. 2.16 Authorised parking A person must not, without the permission of the City or an authorised person, stop or park a vehicle, other than an authorised vehicle, in an area designated by a sign for the parking of an authorised vehicle only. 2.17 Stopping or parking on City property A person must not stop or park a vehicle on or over any portion of the City’s property, other than an area specifically set aside for that purpose, unless the person— (a) is an authorised person; or (b) has obtained the permission of the City or an authorised person.
13 May 2024 GOVERNMENT GAZETTE, WA 1205 PART 3—STOPPING AND PARKING ON ROADS AND OTHER AREAS 3.1 Stopping or parking on a carriageway Subject to clauses 2.3, 2.6 and 2.7, a person stopping or parking a vehicle on a carriageway must stop or 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 road on which the vehicle is stopped or parked; (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 road on which the vehicle is stopped or parked; (c) so that at least three metres of the width of the carriageway lies between the vehicle and the opposite boundary of the carriageway, or any continuous line or median strip, or between the vehicle and a vehicle stopped or parked on the opposite side of the carriageway; (d) so that it is more than one metre from any other vehicle, except a motorcycle without a trailer stopped or parked in accordance with this local law; and (e) so that it does not obstruct any vehicle on the carriageway. 3.2 Median strips and traffic islands A person must not stop or park a vehicle, trailer or caravan (other than a bicycle or an animal) so that any portion of the vehicle, trailer or caravan is on a traffic island or median strip unless the person stops or parks in an area to which a parking control sign applies and the person is permitted to stop or park at that place under this local law. 3.3 Verges (1) A person shall not— (a) stop or park a vehicle (other than a bicycle); (b) stop or park a commercial vehicle or bus; or (c) stop or park a vehicle during any period when the stopping or parking 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) Subclause (1)(a) does not apply to the person if that person is the owner or occupier of the premises adjacent to that verge, or is a person authorised by the occupier of those premises to stop or park the vehicle so that any portion of it is on the verge, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a path. (3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with a 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 or a path. 3.4 Prohibited parking of vehicles A person must not park a vehicle on any portion of a road or within a parking station— (a) for the purpose of exposing the vehicle for sale or hire; (b) if the vehicle is not licensed under the Road Traffic Act or a corresponding law of another State or Territory or of the Commonwealth; (c) if the vehicle is a trailer or caravan unattached to a motor vehicle; or (d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the vehicle to be moved to a place other than the road or parking station. 3.5 Obstructions generally (1) This clause does not apply to a vehicle stopped or parked in a parking bay or metered space. (2) Paragraphs (b) and (d) of subclause (3) do not apply to a vehicle stopped or parked in a bus embayment. (3) A person must not stop or park a vehicle so that any portion of the vehicle is— (a) on a road and causes an obstruction on the road—unless it is a public bus stopping in a bus zone; (b) obstructing an entrance, exit, carriageway, passage or thoroughfare in a parking facility; (c) on a roundabout or intersection, subject to paragraphs (d) and (e); (d) on a carriageway within 20 metres from the nearest point of an intersecting carriageway at an intersection with traffic-control signals—unless the vehicle stops or parks at a place on a length of carriageway, or in an area, to which a parking control sign applies and the vehicle is otherwise permitted to stop or park at that place under this local law; (e) on a carriageway within 10 metres of the prolongation of the nearest edge of any intersecting carriageway (without traffic-control signals) intersecting that carriageway on the side on which the vehicle is stopped or parked—unless the vehicle stops or parks— (i) at a place on a carriageway, or in an area, to which a parking control sign applies or the vehicle is otherwise permitted to stop or park at that place under this local law; or
1206 GOVERNMENT GAZETTE, WA 13 May 2024 (ii) if the intersection is a T-intersection along the continuous side of the continuing road at the intersection; (f) on or over a footpath, pedestrian crossing, children’s crossing or a place for pedestrians; (g) alongside or opposite an excavation, work, hoarding, scaffolding or obstruction on the carriageway—if the vehicle would obstruct traffic; (h) on a bridge or other elevated structure or within a tunnel or underpass—unless permitted to do so by a sign; (i) between the boundaries of a carriageway and any double longitudinal line consisting of two continuous lines; or (j) within the head of a cul-de-sac. 3.6 Double parking (1) Subject to subclause (2), a person must not stop or park a vehicle on a road so that any portion of the vehicle is between any other stationary vehicle and the centre of the carriageway of that road. (2) Subclause (1) does not apply to— (a) a person who parks a motorcycle in a bay marked ‘M/C’; or (b) a person who stops or parks a vehicle in a parking bay or metered space abreast of or alongside another vehicle. 3.7 Crossovers A person shall not stop or park a vehicle on or across a crossover or other way of access for vehicles travelling to or from adjacent land, unless— (a) the vehicle is dropping off, or picking up, passengers and shall not remain for longer than two minutes; (b) the vehicle stops in a parking bay and the vehicle is permitted to stop in the parking bay under this local law; or (c) the driver is the owner or occupier of the premises that abuts the crossover or is a person permitted by the owner or occupier of the premises. 3.8 Stopping on crests, curves, etc. (1) Subject to subclause (2), a person shall not stop or park a vehicle 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. (2) A person may stop or park a vehicle on a crest or curve on a carriageway if the vehicle stops at a place on the carriageway, or in an area, to which parking control signs apply and the vehicle is permitted to stop at that place under this local law. 3.9 Stopping or parking near fire hydrant or post box A person must not stop or park a vehicle, otherwise than in a marked bay, on a road so that any portion of the vehicle is— (a) within one metre of a fire hydrant, or of any sign or mark indicating the existence of a fire hydrant; or (b) within three metres of a public post box unless the vehicle is a postal vehicle. 3.10 Bus stops, pedestrian, children and train crossings (1) A person must not stop or park a vehicle so that any portion of the vehicle is within 10 metres of the departure side of— (a) a bus embayment, bus stop or a bus zone unless the vehicle is a public bus stopping to take up or set down passengers; or (b) a pedestrian crossing or children’s crossing. (2) A person must not stop or park a vehicle on a thoroughfare so that any portion of the vehicle is within 20 metres of the approach side of– (a) a bus embayment, bus stop or a bus zone, unless the vehicle is a public bus stopping to take up or set down passengers; or (b) a pedestrian crossing or children’s crossing. (3) This clause does not apply if— (a) the vehicle is stopped or parked in a marked bay; (b) the driver of the vehicle is prevented from proceeding by circumstances beyond their control; or (c) it is necessary for the driver of the vehicle to stop to avoid an accident. 3.11 Restrictions on avoiding time limitations (1) Where stopping or parking on a length of carriageway is permitted for a limited time, a person must not move a vehicle along, or return to, that length of carriageway so that the total time of parking the vehicle exceeds the maximum time permitted—unless the vehicle has first been removed from the length of carriageway for at least two hours.
13 May 2024 GOVERNMENT GAZETTE, WA 1207 (2) Where the stopping or parking of vehicles in a parking facility is permitted for a limited time, a person must not move a vehicle within that parking facility so that the total time of parking the vehicle exceeds the maximum time allowed for parking in that parking facility—unless the vehicle has first been removed from the parking facility for at least two hours. (3) Where in a parking facility— (a) the parking of a vehicle is prohibited unless— (i) a parking ticket from a ticket issuing machine is displayed on the dashboard of the vehicle; or (ii) a parking period is obtained from a ticket issuing machine or parking app; and (b) a period of free parking is permitted before a fee for parking applies, a person must not, at any time within the same day, obtain or use more than one parking ticket or parking period for the same vehicle in that parking facility. 3.12 Public bus zones (1) A person must not stop or park a vehicle, other than a public bus, in a public bus zone. (2) Unless otherwise stated on a sign, a public bus must not stop or park in a bus embayment unless actively engaged in picking up or setting down passengers. 3.13 Stopping or parking in a taxi zone (1) A person must not stop or park a vehicle in a taxi zone, unless the person is driving a taxi. (2) A person driving a taxi must not leave the taxi unattended while it is in a taxi zone. 3.14 Charter vehicle zones (1) A person must not stop or park a vehicle, other than a charter vehicle, in a charter vehicle zone. (2) A charter vehicle must not stop or park in a charter vehicle zone except to pick up or set down passengers, for not more than— (a) 15 minutes—if the charter vehicle has 12 or more seats including the driver; or (b) 5 minutes—if the charter vehicle has less than 12 seats including the driver. (3) If subclause (2) applies, a person driving the charter vehicle must not leave the charter vehicle unattended while it is in a charter vehicle zone. 3.15 Stopping or parking in a shared zone A person must not stop or park a vehicle in a shared zone unless the vehicle— (a) stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the vehicle is permitted to stop at that place under this local law; (b) stops in a parking bay and the vehicle is permitted to stop in the parking bay under this local law; (c) is dropping off, or picking up, passengers or goods; or (d) is engaged in the door-to-door delivery or collection of goods, or in the collection of waste. 3.16 Stopping or parking—heavy and long vehicles (1) A person must not stop or park a vehicle or any combination of vehicles that, together with any projection on, or load carried by, the vehicle or combination of vehicles, is more than 7.5 metres in length or exceeds a GVM of 4.5 tonnes on a carriageway, verge or in a parking station for any period exceeding one hour, unless the vehicle is— (a) engaged in the picking up or setting down of goods; or (b) stopped in a truck bay; (2) Nothing in this clause detracts from any limitation or condition imposed by any other provision of this local law or sign relating to the parking or stopping of vehicles. PART 4—FEE-PAYING ZONES 4.1 Fee-paying zones The fee-paying zones are— (a) a metered zone; (b) a ticket machine zone; (c) a parking app zone; and (d) any other fee-paying zone established by the local government under clause 1.11. 4.2 Payment of fees (1) This clause does not apply to a parking station that requires payment on exit. (2) A person who stops or parks a vehicle in a fee-paying zone must— (a) in the case of a metered stall—immediately pay, by any form of permitted payment at the fee- paying machine, the appropriate fee as indicated by a sign on the parking meter referable to the metered stall;
1208 GOVERNMENT GAZETTE, WA 13 May 2024 (b) in the case for a ticket issuing machine zone—immediately pay, by any form of permitted payment at the fee-paying machine, the appropriate fee as indicated by a sign on the ticket issuing machine referable to the zone; or (c) in the case of a parking app zone— (i) immediately commence the parking app transaction and obtain notification that the transaction has commenced; (ii) ensure that the transaction remains active at all times while the vehicle is stopped or parked; and (iii) immediately before the vehicle is driven from where it had been stopped or parked, complete the pay by phone transaction and obtain notification that the required fee has been paid. (3) Subject to the provisions of this Part 4, the payment of the fee referred to in subclause (2) entitles a person to stop or park a vehicle in— (a) a metered stall for the period shown on the sign referable to the stall; or (b) the relevant ticket issuing machine zone or parking app zone for the period shown on the parking ticket, but does not authorise the parking of the vehicle during any time when stopping or parking in that stall or zone is prohibited under this local law. 4.3 Operations of fee-paying machines A person must not operate a fee-paying machine except in accordance with the operating instruction appearing on the fee-paying machine. 4.4 Metered space, parking limit Unless authorised by the City, a person must not leave a vehicle, or permit a vehicle to remain stopped or parked, in a metered space for longer than the maximum period stated on the sign referable to that space during which continuous stopping or parking is permitted. 4.5 Display of parking tickets and parking limits (1) A person must not stop or park a vehicle in a fee-paying zone during the period in which stopping or parking is permitted only on the purchase of a printed parking ticket unless— (a) an unexpired parking ticket issued by a ticket issuing machine in that fee-paying zone is displayed inside the vehicle; and (b) the ticket is clearly visible to, and able to be read by, an authorised person from outside the vehicle at all times while the vehicle is stopped or parked in that fee paying zone. (2) Unless subclause (3) applies, where in a ticket machine zone more than one printed parking ticket is displayed bearing the same date and time of issue, the period for each ticket is to be aggregated and the tickets are to be taken not to have expired until the expiry of— (a) the aggregate of those periods; or (b) the maximum period of time a vehicle is permitted to park in the fee-paying zone, whichever occurs first. (3) If a trailer is attached to a vehicle or if a vehicle is too long or too wide to fit completely within a single metered stall or parking stall, the person parking the vehicle must— (a) park the vehicle (or, as the case may be, the vehicle and the trailer) within the minimum number of metered stalls or parking stalls needed to park the vehicle (or, as the case may be, the vehicle and the trailer); (b) purchase and obtain a parking ticket for each occupied metered stall or parking stall as permitted under this local law; and (c) display each printed ticket inside the vehicle in accordance with subclause (1). 4.6 Reserved fee-paying zones Unless authorised by the City, a person must not leave a vehicle, or permit a vehicle to remain stopped or parked, in a metered space, parking stall, or fee-paying zone if— (a) the parking meter or ticket machine or sign advising of a parking app zone is hooded with a covering bearing words or symbols that indicate parking is not permitted within the space or fee-paying zone; or (b) a parking zone is blocked or reserved by the City by any other physical means. 4.7 Parking restrictions in fee-paying zones A person must not stop or park a vehicle in a fee-paying zone— (a) except during the period stated on a sign referrable to the fee-paying zone during which stopping or parking is permitted; or (b) for longer than the maximum period permitted for continuous parking of a vehicle in the fee- paying zone, as stated on a sign referable to the fee-paying zone. 4.8 Use of counterfeit or altered parking tickets A person must not park a vehicle in a fee-paying zone that requires a ticket, if there is displayed in that vehicle, so as to be visible from outside the vehicle, a parking ticket which has been counterfeited, altered, obliterated or interfered with.
13 May 2024 GOVERNMENT GAZETTE, WA 1209 4.9 Payment for parking A person must not insert into a fee-paying machine anything other than the designations of coin or banknote, or other form of permitted payment indicated by a sign on the fee-paying machine and only in accordance with the instructions printed on the fee-paying machine. PART 5—PARKING STATIONS 5.1 Removal of vehicles (1) A person must not remove a vehicle which has been stopped or parked in a parking station until— (a) the appropriate fee for the period for which the vehicle has been stopped or parked has been paid; or (b) the City has issued a notice stating the fee. (2) Where a notice has been issued under subclause (1)(b), the fee must be paid within three working days from the time of issue of the notice. 5.2 Entering and exiting parking facilities A person must not, in a vehicle, enter or exit a parking facility other than through an authorised entry or exit designated as such by a sign. 5.3 Locking of parking stations At the expiration of the hours of operation of a parking station, whether or not any vehicle remains parked in the parking station, an authorised person may lock the parking station or otherwise prevent the movement of any vehicle within, to or from the parking station. 5.4 Behaviour in a parking station A person must not remain in a parking station after having been required to leave by an authorised person. 5.5 Low clearance signs A person must not drive a vehicle past a low clearance sign if the vehicle, or any part of the vehicle connected to it or any load carried by the vehicle, is higher than the height (in metres) indicated by the sign. PART 6—MISCELLANEOUS 6.1 Authorised person certificate of appointment The requirement for an authorised person to be given the appropriate certificate of the person’s appointment is dealt with in section 9.10(2) of the Act. 6.2 Authorised persons No offence under this local law is committed by an authorised person while carrying out the person’s functions. 6.3 Power of an authorised person (1) An authorised person has all necessary power to perform that authorised person’s functions under this local law. (2) An authorised person may— (a) carry into effect the provisions of this local law; (b) report to the City on the working effectiveness of this local law; (c) recommend to the CEO the institution of prosecutions; and (d) institute and conduct prosecutions as directed by the CEO. 6.4 Impersonating an authorised person A person who is not an authorised person must not impersonate or assume the functions of an authorised person. 6.5 Obstructing of an authorised person A person must not obstruct or hinder an authorised person in the execution of the authorised person’s duties. 6.6 Removal of notices A person, other than the driver of the vehicle or a person acting under the direction of the driver of the vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person. 6.7 Display of signs A person must not, without the authorisation of the City or an authorised person— (a) mark, set up or exhibit a sign purporting to be, or resembling, a sign marked, set up or exhibited by the City under this local law; (b) remove, deface or misuse a sign or property set up by the City under this local law; or (c) affix a board, sign, placard, notice, cover or other thing to, or paint or write on, any part of a sign or fee-paying machine.
1210 GOVERNMENT GAZETTE, WA 13 May 2024 6.8 Marking tyres and valve stem readings (1) An authorised person may— (a) mark the tyres of a vehicle with chalk or any other non-indelible substance; (b) take a valve stem reading of a vehicle; or (c) record vehicle registration numbers, for a purpose connected with the authorised person’s functions. (2) A person must not remove a mark made by an authorised person so that the purpose of affixing the mark is defeated or likely to be defeated. 6.9 Exemption when complying with directions A person who complies with a direction given by a police officer or an authorised person does not commit an offence against this local law while complying with that direction. 6.10 Special purpose and emergency vehicles Notwithstanding anything to the contrary in this local law, the driver of a special purpose vehicle or an emergency vehicle may, only in the course of the driver’s functions and when it is expedient and safe to do so, stop or park the vehicle in any place at any time. 6.11 Interfere with or damage to City property A person must not interfere with, damage or obstruct the operation of any electronic parking detection device or instrument in a parking station, carriageway or any other place. 6.12 Vehicles not to obstruct a public place Unless permitted under this local law, or unless authorised under any other written law, a person must not leave a vehicle, or any part of a vehicle, in a public place if it— (a) obstructs the use of any part of the public place; or (b) appears to an authorised person to have been abandoned, having regard to factors such as— (i) whether there are any licence plates on the vehicle; (ii) whether the vehicle is unregistered; (iii) the extent of any damage to the vehicle; (iv) whether the vehicle has been in the same position for more than 24 hours; and (v) whether the vehicle appears to be inoperable. PART 7—OFFENCES AND MODIFIED PENALTIES 7.1 Offences (1) A person who fails to do anything required to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and, if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence continues. (3) An offence against a provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act. 7.2 Form of notices For the purposes of this local law— (a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; (b) the form of the notice referred to in section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. 7.3 Modified penalty (1) Subject to subclauses (3) and (4), a person who does not contest an allegation that he or she has committed an offence against this local law may, within the time specified in the notice, pay the penalty payable for the particular offence. (2) The amount appearing in the final column of the table in Schedule 1 directly opposite an offence described in that Schedule is prescribed for the purposes of section 9.17 of the Act as the modified penalty for that offence. (3) If it appears to the City that an alleged offence cannot be adequately punished by the payment of the modified penalty, the City may refrain from accepting the modified penalty and may in lieu take proceedings against the alleged offender in an appropriate Court.
13 May 2024 GOVERNMENT GAZETTE, WA 1211 (4) Where the time period within which a person may stop or park a vehicle on a road is controlled by a sign and a person commits an offence under this local law by stopping or parking a vehicle for a time period which exceeds that shown on the sign— (a) the amount of the modified penalty is to be the amount referred to in Schedule 1 where the time period during which the vehicle was stopped or parked in excess of the time period shown on the sign was not greater than that shown on the sign; and (b) the amount of the modified penalty is to be payable again in respect of each successive time period during which the vehicle continues to be parked or stopped in excess of the time period shown on the sign, to a maximum of $500 on the amount of modified penalties payable for each offence. ———— SCHEDULE 1 CITY OF JOONDALUP PARKING LOCAL LAW 2023 PRESCRIBED OFFENCES [Clause 7.3] Item No. Offence No. Nature of Offence Modified Penalty ($) 1 2.3(1)(a) Stopping or parking by vehicles of a different class 100 2 2.3(1)(b) Stopping or parking by persons of a different class 100 3 2.3(1)(c) Stopping or parking during prohibited period 100 4 2.3(1)(d) Stopping or parking for longer than maximum period 100 5 2.3(1)(e) Failure to park wholly within parking bay or metered space 100 6 2.3(1)(f) Stopping or parking contrary to signage 100 7 2.3(2)(a) Stopping or parking in a no stopping area 150 8 2.3(2)(b) Stopping or parking contrary to a ‘clearway’ sign 150 9 2.3(2)(c) Stopping or parking at a continuous yellow edge line 150 10 2.3(2)(d) Stopping or parking in a keep clear area of carriageway 150 11 2.3(2)(e) Stopping or parking vehicle other than motorcycle in ‘M/C’ bay 100 12 2.3(2)(f) Stopping or parking in a bus lane or busway 150 13 2.3(2)(g) Stopping or parking in a truck lane 150 14 2.3(2)(h) Stopping or parking in a bicycle lane or path 150 15 2.3(3) Parking in a no parking area 100 16 2.4(2) Parking in a permit parking area without a valid parking permit 100 17 2.5(2) Stopping or parking on private land without consent 150 18 2.5(3) Stopping or parking on private land not in accordance with consent 100 19 2.6(a) Failure to park or stop as near as practicable and parallel to boundary of carriageway 100 20 2.6(b) Failure to stop or park at approximately right angles to the centre of the carriageway 100 21 2.7 Failure to park at an appropriate angle in an angle parking area 100 22 2.8 Stopping or parking unlawfully in a loading zone 100 23 2.9 Driving, stopping or parking on a reserve 150 24 2.10 Stopping or parking, or attempting to stop or park in a bay occupied by another vehicle 100 25 2.11(4) Stopping or parking contrary to permission given by an authorised person 100 26 2.12 Stopping or parking a vehicle contrary to the direction of an authorised person 150 27 2.13 Selling or hiring goods in a parking facility without authorisation 100 28 2.14 Removing, damaging, defacing, misusing or interfering with parking facility 150 29 2.16 Stopping or parking unauthorised vehicle in an area designated for ‘Authorised Vehicle Only’ 100
1212 GOVERNMENT GAZETTE, WA 13 May 2024 Item No. Offence No. Nature of Offence Modified Penalty ($) 30 2.17 Stopping or parking on City property 100 31 3.1(a) Stopping or parking against the flow of traffic on a two-way carriageway 100 32 3.1(b) Stopping or parking against the flow of traffic on a one-way carriageway 100 33 3.1(c) Stopping or parking a vehicle when distance from farther boundary, continuous line or median strip is less than 3 metres 150 34 3.1(d) Stopping or parking a vehicle less than 1 metre from any other vehicle 100 35 3.2 Parking or stopping on a median strip or traffic island 150 36 3.3(1) Stopping or parking a vehicle unlawfully on a verge 100 37 3.4(a) Parking vehicle on any portion of a road or within a parking station for purpose of sale or hire 100 38 3.4(b) Parking unlicensed vehicle on any portion of a road or within a parking station 100 39 3.4(c) Parking unattached trailer or caravan on any portion of a road or within a parking station 100 40 3.4(d) Parking vehicle on any portion of a road or within a parking station for the purpose of repairs 100 41 3.5(3)(a) Stopping or parking a vehicle on a road so as to cause obstruction 150 42 3.5(3)(b) Stopping or parking a vehicle so as to obstruct an entrance, exit, carriageway, passage or thoroughfare in a parking facility 150 43 3.5(3)(c) Stopping or parking a vehicle on a roundabout or intersection 200 44 3.5(3)(d) Stopping or parking within 20 metres from an intersecting carriageway with traffic-control signals 100 45 3.5(3)(e) Stopping or parking within 10 metres of the prolongation of nearest edge of intersecting carriageway 100 46 3.5(3)(f) Stopping or parking on or over a footpath, pedestrian crossing, children’s crossing or place for pedestrians 200 47 3.5(3)(g) Stopping or parking alongside or opposite construction works where vehicle obstructs traffic 150 48 3.5(3)(h) Stopping or parking on a bridge or within a tunnel or underpass 100 49 3.5(3)(i) Stopping or parking between the boundaries of a carriageway and any continuous double line 100 50 3.5(3)(j) Stopping or parking within head of a cul-de-sac 100 51 3.6(1) Double parking 150 52 3.7 Stopping or parking unlawfully across a crossover or other way of access 200 53 3.8(a) Stopping or parking on a crest or curve 100 54 3.9(a) Stopping or parking within 1 metre of fire hydrant 100 55 3.9(b) Stopping or parking within 3 metres of public post box 100 56 3.10(1)(a) Stopping or parking a vehicle within 10 metres of the departure side of a bus bay, bus stop or bus zone 100 57 3.10(1)(b) Stopping or parking a vehicle within 10 metres of the departure side of a pedestrian or children’s crossing 100 58 3.10(2)(a) Stopping or parking a vehicle within 20 metres of the approach side of a bus bay, bus stop or bus zone 100 59 3.10(2)(b) Stopping or parking a vehicle within 20 metres of the approach side of a pedestrian or children’s crossing 100 60 3.11(1) Moving a vehicle along carriageway to avoid time limitation 100 61 3.11(2) Moving a vehicle within parking station to avoid time limitation 100 62 3.11(3) Obtaining more than one free parking ticket or parking period 100 63 3.12(1) Stopping or parking a vehicle in a public bus zone 150
13 May 2024 GOVERNMENT GAZETTE, WA 1213 Item No. Offence No. Nature of Offence Modified Penalty ($) 64 3.12(2) Stopping or parking public bus in bus zone when not picking up or setting down passengers 100 65 3.13(1) Stopping or parking unlawfully in a taxi zone 100 66 3.13(2) Leaving taxi unattended while in a taxi zone 100 67 3.14(1) Stopping or parking in charter vehicle zone when not a charter vehicle 100 68 3.14(2)(a) Stopping or parking charter vehicle (12 or more seats) in charter vehicle zone for longer than maximum period 100 69 3.14(2)(b) Stopping or parking charter vehicle (less than 12 seats) in charter vehicle zone for longer than maximum period 100 70 3.14(3) Leaving charter vehicle unattended in charter vehicle zone 100 71 3.14 Stopping or parking unlawfully in shared zone 100 72 3.15 Stopping or parking heavy or long vehicles for longer than 1 hour 100 73 4.2(2) Failure to pay fee in a fee-paying zone 100 74 4.3 Operating a fee-paying machine contrary to instructions 100 75 4.4 Stopping or parking when meter has expired 100 76 4.5(1) Failure to correctly display valid parking ticket in a ticket machine zone 100 77 4.6 Unlawfully stopping or parking a vehicle in a reserved fee- paying zone 100 78 4.7(a) Stopping or parking in a fee-paying zone outside the period which stopping or parking is allowed 100 79 4.7(b) Stopping or parking in a fee-paying zone for longer than the permitted period 100 80 4.8 Displaying a counterfeit, altered, obliterated or interfered with parking ticket 150 81 4.9 Inserting anything other than the permitted forms of payment in a fee-paying machine 150 82 5.1(1) Unlawfully removing a parked vehicle from a parking station without paying the exit fee 150 83 5.1(2) Failure to pay fee within 3 working days from the time of issue of the notice 100 84 5.2 Failure to enter and exit parking facility through authorised entry or exit 100 85 5.4 Failure to leave parking station at the direction of an authorised person 100 86 5.5 Driving a vehicle past a low clearance sign 150 87 6.4 Impersonating an authorised person 200 88 6.5 Obstructing an authorised person 200 89 6.6 Unlawfully removing notice from vehicle 150 90 6.7(a) Unauthorised display, marking, setting up, exhibiting of a sign 150 91 6.7(b) Removing, defacing or misusing a sign or the property of the City 150 92 6.7(c) Affixing anything to a sign or fee-paying machine 100 93 6.8(2) Removing or interfering with a lawful mark on a tyre 200 94 6.11 Interfering with, damaging or obstructing City property 200 95 6.12(a) Leaving vehicle so as to obstruct a public place 150 96 6.12(b)(i) Park vehicle without number plates in a public place 100 97 6.12(b)(ii) Park unregistered vehicle in a public place 100 98 6.12(b)(iv) Park vehicle in a public place in excess of 24 hours 100 99 All other offences not specified 100 Dated 5th April of 2024. The Common Seal of the City of Joondalup was affixed by authority of the resolution of the Council in the presence of— HON. ALBERT JACOB, JP, Mayor. JAMES PEARSON, Chief Executive Officer.