Part 4ADVERTISING SIGNS ON THOROUGHFARES

PART 4—ADVERTISING SIGNS ON THOROUGHFARES 4.1 Interpretation In this Part, unless the context otherwise requires— advertising sign means a sign used for the purpose of advertisement; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; portable direction sign means a portable free standing direction sign; and portable sign means a portable free standing advertising sign. 4.2 Advertising signs and portable direction signs (1) A person shall not, without a permit— (a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare. (2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event. (3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) on a footpath; (b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5 metres; (c) on or within 3 metres of a carriageway; (d) in any other location where, in the opinion of the local government, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or (e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge. 4.3 Matters to be considered in determining application for permit In determining an application for a permit for the purpose of clause 4.2(1), the local government is to have regard to— (a) any other written law regulating the erection or placement of signs within the district; (b) the dimensions of the sign; (c) other advertising signs already approved or erected in the vicinity of the proposed location of the sign; (d) whether or not the sign will create a hazard to persons using a thoroughfare; and (e) the amount of the public liability insurance cover, if any, to be obtained by the applicant. 4.4 Conditions on portable sign (1) If the local government approves an application for a permit for a portable sign, the application is to be taken to be approved subject to the following conditions— (a) the portable sign shall— (i) not exceed 1 metre in height; (ii) not exceed an area of 1 square metre on any side; (iii) relate only to the business activity described on the permit; (iv) contain letters not less than 200 millimetres in height;

30 GOVERNMENT GAZETTE, WA 5 January 2021 (v) not be erected in any position other than immediately adjacent to the building or the business to which the sign relates; (vi) be removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading; (vii) be secured in position in accordance with any requirements of the local government; (viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a place by any person; and (ix) be maintained in good condition. (2) No more than one portable sign shall be erected in relation to the one building or business. (3) A person must not place or erect a sign in contravention of a condition of a permit issued under this clause.