Part 5SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT

PART 5—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT PROPERTY Division 1—Public swimming pools and other recreation facilities 5.1 General prohibitions A person shall not— (a) obstruct an authorised person, manager or attendant in carrying out his or her duties; (b) fail to comply with a direction given by an authorised person, manager or attendant— (i) refusing admission to a person; (ii) directing a person to leave the public swimming pool or recreational facility; or (iii) directing a person in relation to his or her use of the public swimming pool or recreation facility; (c) fail to comply with a direction given by an authorised person or manager suspending admission to a person; (d) permit an animal to enter or remain in or about a public swimming pool or recreational facility where such entry is prohibited by a sign; (e) consume any food or drink in an area where consumption is prohibited by a sign; or (f) foul or pollute the water in a public swimming pool. 5.2 Use of all or part of a public swimming pool or recreation facility An authorised person, manager or attendant may— (a) direct that all or part of a public swimming pool or recreation facility is for the use of certain persons to the exclusion of others; and (b) direct a person as to that person’s use of the public swimming pool or recreation facility. 5.3 When entry and use may be refused (1) An authorised person, manager or attendant may— (a) refuse admission to; (b) direct to leave; or (c) cause to be removed from, a public swimming pool, the water at a public swimming pool or recreation facility any person where any of the requirements set out in clause 5.3(2) are not being complied with or for any reason set out in clause 5.3(3). (2) For the purposes of clause 5.3(1), the requirements are— (a) children under the age of 5 years must be accompanied into the public swimming pool or recreation facility by a responsible adult who is at least 16 years of age, and must be supervised by that responsible adult within arms’ length at all times while within the public swimming pool or recreation facility; (b) a responsible adult can only be responsible for a maximum of 3 children under the age of 5 years at any one time; and (c) subject to clause 5.3(2)(a), children under the age of 12 years must be accompanied into the public swimming pool or recreation facility by a responsible adult who is at least 16 years of age, and must be supervised by that responsible adult within line of sight at all times while within the public swimming pool or recreation facility. (3) For the purposes of clause 5.3(1), the reasons are— (a) where the authorised person, manager or attendant reasonably suspects the person is— (i) suffering from any gastrointestinal disease, contagious, infectious or cutaneous disease or complaint or has unhealed wounds;

26 May 2017 GOVERNMENT GAZETTE, WA 2675 (ii) in an unclean condition; (iii) wearing unclean clothes; or (iv) under the influence of liquor a prohibited drug; or (b) if in the opinion of the authorised person, manager or attendant— (i) such action is necessary or desirable to prevent a contravention of this local law; or (ii) the person is committing a breach of any provision of this local law; (c) by reason of his or her past or present conduct within or about the public swimming pool or recreation facility, has created or is creating a nuisance. 5.4 Suspension of admission An authorised person or manager may suspend admission for a minimum period of one day to any person who has committed a breach of any provision of this local law in relation to the public swimming pool or recreation facility. 5.5 Carnivals (1) A person, club, organisation or association shall not conduct controlled swimming or other sporting events, carnivals or competitions without the prior consent of the manager. (2) The manager may grant such consent subject to any conditions considered fit by the manager and may withdraw that consent at any time. (3) A person, club, organisation or association conducting a carnival or event at a public swimming pool or recreation facility must take reasonable steps to— (a) prevent overcrowding; (b) ensure that no damage is done to the buildings or fencing or any other portion of the public swimming pool or recreation facility; and (c) ensure that this local law is observed by all competitors, officials and spectators. Division 2—Beaches and foreshore areas 5.6 General prohibitions On a beach or foreshore area, a person shall not obstruct, disturb, insult or neglect to obey the lawful directions of any authorised person or member of an on duty surf lifesaving club patrol. 5.7 Compliance with signs and directions A person shall— (a) comply with any sign erected on a beach or foreshore area; (b) comply with any lawful direction given by an authorised person, a patrol captain or a patrolling member of a surf lifesaving club patrolling the beach; and (c) not enter any area designated as being used for any surf lifesaving activity, training, competition or carnival. 5.8 Use of off-road vehicles on beaches and foreshore areas A person must not drive or operate an off-road vehicle on a beach or foreshore area unless that person is authorised to do so under any written law. 5.9 Surf lifesaving activities and identification of surf lifesaving patrol (1) An authorised person, patrol captain or patrolling member of a surf lifesaving club authorised by that club to carry out duties set out in this clause may perform the following functions in the interests of maintaining safety at beaches in the district— (a) patrol any beach; (b) take onto any beach any lifesaving gear, including vehicles or boats that are used for lifesaving activities; (c) indicate by signs or patrol flags, any areas of a beach or adjacent water beyond the beach where bathing is permitted; (d) indicate by signs any areas of a beach or the adjacent water beyond the beach where— (i) riding of surfboards or any other bathing appliance is prohibited; (ii) driving of boats is prohibited; or (iii) fishing is prohibited; (e) regulate or designate any areas for the following activities— (i) conduct of training or surf lifesaving club carnivals; or (ii) establishing a first aid or command post; (f) direct any person to bathe within the designated permitted bathing area indicated by signs or patrol flags; (g) close any beach or part of any beach during any period of potential dangerous conditions or sighting of a shark; and