Part 9Activities in public places

PART 9—Activities in public places Division 1—General provisions 9.1 Leaving animal or vehicle in public place (1) A person must not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 9.2 Prohibitions relating to animals (1) In subclause (2), owner in relation to an animal includes— (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal must not— (a) allow the animal to enter or remain for any time on any public place except for the use of the public place as a thoroughfare and unless it is led, ridden or driven; (b) allow the animal, if it has a contagious or infectious disease. to be led, ridden or driven in a public place; or (c) train or race the animal in a public place. (3) An owner of a horse must not lead, ride or drive the horse on a street, unless that person does so under a permit or under the authority of a written law. (4) This clause does not apply to a person with a disability where the animal is a guide dog or assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2). 9.3 Shopping trolley to be marked A retailer must clearly mark its name or its trading name on any shopping trolley made available for the use of customers. 9.4 Person not to leave trolley in public place A person must not leave a shopping trolley in a public place other than in an area set aside for the storage of shopping trolleys. 9.5 Retailer to remove abandoned trolley (1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, the CEO or an authorised officer may advise (verbally or in writing) a retailer whose name is marked on the trolley of the location of the shopping trolley. (2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).

5 January 2021 GOVERNMENT GAZETTE, WA 41 9.6 Retailer taken to own trolley 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 the trolley.