1526GOVERNMENT GAZETTE, WA 6 June 2023

1526 GOVERNMENT GAZETTE, WA 6 June 2023 4.2 Behaviour detrimental to property A person must not, in or on local government property, behave in a way which is or might be detrimental to the local government property. 4.3 Taking or injuring any fauna A person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above any local government property unless that person is authorised under a written law to do so. 4.4 Drunk persons not to enter local government property A person must not enter or remain on local government property while drunk or under the influence of a prohibited drug. 4.5 No prohibited drugs A person must not take a prohibited drug onto or consume or use a prohibited drug on local government property. 4.6 No smoking A person must not smoke within a 5 metre radius of any entrance, exit or aperture of premises on local government property. 4.7 Appropriate behaviour and adequate clothing (1) A person over the age of 6 years shall not on or in any local government property— (a) appear in public unless properly dressed in clothing which covers the body to prevent indecent exposure, except where the property is set aside for the wearing of no clothes under clause 2.7(1)(h); (b) loiter outside or act in an inappropriate manner in any portion of a toilet block or change room facility; or (c) without the consent of the occupier, enter or attempt to enter any toilet or other compartment which is already occupied. (2) Where an authorised person considers that the clothing of any person on local government property is not proper or adequate to cover the body so as to prevent indecent exposure, the authorised person may direct that person to put on adequate clothing and that person shall comply with that direction immediately. 4.8 Entry to local government property A person, other than an authorised person performing a function or a contractor of the local government carrying out a contracted duty, shall not— (a) enter or leave any local government property other than by the public entrance or exit, except in an emergency; (b) enter or remain on any local government property except on those days and during those times when access is available to the public; or (c) enter any place that has been fenced off or closed to the public. 4.9 Refusal of entry to local government property (1) Subject to clauses 5.3 and 5.4, an authorised person may refuse to allow entry, or suspend admission, to any local government property to any person whom he or she reasonably suspects has behaved in a manner contrary to the provisions of this Part. (2) A refusal or suspension under subclause (1) can be for any period of up to 12 months as determined by an authorised person. (3) Subclause (1) does not apply to a venue where Council or Committee meetings are held. Division 2—Signs 4.10 Signs (1) The local government may erect a sign on local government property specifying any conditions of use which apply to that property. (2) A person must comply with a sign erected under clause 4.10(1). (3) A condition of use specified on a sign erected under clause 4.10(1) must not be inconsistent with any provision of this local law or any determination. PART 5—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT PROPERTY Division 1—Fenced or closed property 5.1 No entry to fenced or closed local government property A person must not enter local government property which has been fenced off or closed to the public by a sign or otherwise unless authorised by the local government. Division 2—Toilet blocks and change rooms 5.2 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—

6 June 2023 GOVERNMENT GAZETTE, WA 1527 (a) females, then a person of the male gender must not use that entry to the toilet block or change room; or (b) males, then a person of the female gender must not use that entry to the toilet block or change room. (2) Clause 5.2 (1) does not apply to a child, when accompanied by a parent, guardian or caregiver where the child is— (a) under the age of 6 years; or (b) otherwise permitted by an authorised person to use the relevant entry. 5.3 Use of showers A person may use a shower in a change room provided that— (a) the facilities must only be used by the person for the purpose of cleansing, bathing and washing themselves; and (b) the facilities must not be used for the purposes of laundering or washing any clothing or other articles. 5.4 No use of camera devices in toilet blocks or change rooms A person must not operate a camera device in any portion of a toilet block or change room to record or transmit an image. PART 6—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY 6.1 Payment of applicable fees for entry or participation (1) Subject to clause 6.1(2), where a fee is payable for entry to local government property or participation in an activity on or in any local government property, a person shall not enter that property or participate in the activity without first paying the applicable fee. (2) The local government may exempt a person from compliance with clause 6.1(1) on the application of that person. PART 7—ACTIVITIES IN PUBLIC PLACES 7.1 General prohibitions (1) Subject to this local law, a person shall not— (a) plant any plant on a thoroughfare— (i) within the vicinity of an intersection that creates a sight line hazard in relation to pedestrians or drivers of vehicles using that intersection and which is not maintained at or below 0.5 metres in height; or (ii) so that it is within 2 metres of a carriageway, except in the case of grass or a similar plant to grass; (b) damage a lawn or garden on or in a public place or remove any plant or part of a plant from a lawn or garden on or in a public place unless— (i) the person is the owner or occupier of the lot abutting that portion of the thoroughfare and the lawn, garden or the particular plant was installed or planted by that owner or occupier; or (ii) the person is acting under the authority of a written law; (c) on a verge, repair or service any vehicle; (d) place, allow to be placed or allow to remain on a thoroughfare or verge anything that results in a hazard for any person using the thoroughfare or verge; (e) cause or permit any water from a hose or sprinkler to interfere with the use of any street, way or footpath by pedestrians; (f) play or participate in any game or sport so as to— (i) cause danger to any person on a thoroughfare; or (ii) obstruct the movement of vehicles or persons on a thoroughfare; (g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, wheeled recreational device or similar device; or (h) use anything or do anything so as to create a nuisance on or in a public place. 7.2 Activities requiring a permit (1) Subject to clause 7.2(2), a person must not without a permit— (a) dig or otherwise create a trench through or under a kerb or footpath; (b) damage a street tree or remove a street tree or part of a street tree, including the roots, which is on or in a public place irrespective of whether the street tree was planted by the owner or occupier of the lot abutting the thoroughfare or by the local government unless the person is acting under the authority of a written law;